Desert Hot Springs City Council
April 2, 2024

consistent with the General Plan and the physical environment of the City.

G. Establish Desert Hot Springs as a unique and distinctive resort residential community in the California Desert, with a quality of life and aesthetic appeal based on the valued environment, for the benefit of the City’s residences and businesses. (Prior code § 159.02.020)

17.04.030 Authority and general plan consistency.

A. This Zoning OrdinanceTitle 17 is the primary tool for implementing the goals, policies and programs of the Desert Hot Springs General Plan, pursuant to the mandated provisions of the State Planning and Zoning Law (Government Code Section 65000 et seq.), State Subdivision Map Act (Government Code Section 64410 et seq.) and California Environmental Quality Act (Public Resources Code 21000 et seq.), and other applicable State and local requirements. All development within the unincorporated area of the City’s Sphere of Influence should be consistent and compatible with the Desert Hot Springs General Plan. All development within the incorporated area of the City shall be consistent with the General Plan. Therefore, if there is an inconsistency between the zoning code and the General Plan, the General Plan shall prevail .

B. Provisions in this Zoning Ordinance Title 17 for the subdivision of land are intended to supplement and implement the state Subdivision Map Act, and serve as the Subdivision Ordinance of the City.

If the provisions of this Zoning Ordinance T i t l e 1 7 conflict with any provision of the Subdivision Map Act, the provisions of the Subdivision Map Act shall prevail.

C. This Zoning OrdinanceTitle 17 is designed to treat in one (1)1 unified text those areas of regulation more typically dealt with in separate zoning and subdivision ordinances, and related chapters of the municipal code.

D. No land shall be subdivided and/or developed for any purpose which is not in conformity with the General Plan, and any applicable specific plan of the City and permitted by this Zoning OrdinanceTitle 17, or other applicable provisions of the Desert Hot Springs Municipal Code.

E. The type and intensity of land use as shown on the General Plan and any applicable specific plan shall determine, together with this Zoning OrdinanceTitle 17, the type of streets, roads, highways, utilities, and public services that shall be provided by the subdivider. (Prior code § 159.02.030)

17.04.040 Review authorities.

The development review process involves the participation of the following:

A. City Council. The City Council shall have the review authority prescribed by this Zoning OrdinanceTitle 17, including but not limited to the authority set forth at Table 17.64.01 of this Zoning Ordinance Title 17.

Item Number: 9.

B. Planning Commission. The Planning Commission shall have the review authority prescribed by this Zoning OrdinanceTitle 17, including but not limited to the authority set forth at Table 17.64.01 of this Zoning OrdinanceTitle 17.

C. Community Development Director. The Community Development Director (“Director”) shall have the review authority prescribed by this Zoning OrdinanceTitle 17, including but not limited to the authority set forth at Table 17.64.01 of this Zoning OrdinanceTitle 17.

D. City Engineer. The City Engineer shall have the review authority prescribed by this Zoning D. OrdinanceTitle 17 in addition to any other authority prescribed by state and local laws or regulation. (Prior code § 159.02.040)

17.04.50 Definitions.

A Definitions. Unless otherwise specified in the code, the following definitions shall apply. “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (1) an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and (2) a manufactured home, as defined in Section 18007 of the Health and Safety Code.
“Accessory dwelling unit attached” means an ADU that is either attached to (by a minimum of one shared wall), or completely contained within, the primary existing space of the single-unit dwelling unit or existing accessory structure.
“Accessory dwelling unit detached” means an ADU that provides new residential square footage not attached to or sharing any walls with the primary existing single-unit dwelling.

Accessory Structures and Uses.
“Accessory structures” means a structure that is located upon the same site as the structure or use to which it is accessory. Accessory structures may consist of detached structures or additions to primary structures. The use of an accessory structure is incidental and subordinate to the use of the principal structure, or to the primary land use of the site. Does not include habitable accessory structures such as accessory dwelling units (ADUs).
“Accessory uses” means a use that is customarily associated with, and is incidental and subordinate to, the primary use and located on the same parcel as the primary use. Accessory Use includes active or passive solar heating systems and cogeneration facilities.

Item Number: 9.

“Affordable Housing” means housing targeted to households and persons with lower incomes. State law states no more than 30 percent of gross household income with variations is to be used for housing (Health and Safety Code Section 50052.5). Under federal government guidelines, housing is “affordable” if it costs no more than 30% of the monthly household income for rent and utilities. Affordability is measured using an area’s median income (AMI). The State Housing and Community Development department breaks down income status into the following categories:

Extremely low income - 0-30% of AMI
Very low income - 30-50% of AMI
Low income - 50-80% of AMI
Moderate income - 80-120% of AMI
Above Moderate income - 120%+ of AMI
“Agriculture/horticulture” means all methods of production and management of crops, vegetation, and soil. This includes, but is not limited to, the related activities of tillage, fertilization, pest control, harvesting and marketing. Excludes cannabis or marijuana cultivation and related activities, which is addressed separately.
“Alcoholic beverage sales” means the retail sale of beer, wine, and/or other alcoholic beverages for onor off-premises consumption. “Alcohol sales, off-site” means any business selling alcoholic beverages as a primary use, including beer, wine, distilled spirits, hard liquor, and/or any other alcoholic beverages. Does not include grocery stores, convenience stores, warehouse stores, or other alcohol sales authorized as part of an off-site wine tasting room or food and beverage product manufacturing. “Alcoholic beverage sales, for on-site or off-site consumption, in conjunction with an allowed use” means any business selling alcoholic beverages as an accessory use for on-site or off-site consumption, including beer, wine, distilled spirits, hard liquor, and/or any other alcoholic beverages.

Does not include grocery stores, convenience stores, warehouse stores, or other alcohol sales authorized as part of an off-site wine tasting room or food and beverage product manufacturing. “Ambulance fleet” means a base facility where ambulances and similar vehicles are parked and from which they are dispatched, and/or where ambulance vehicles and crews are not based at a hospital or fire department stand by for emergency calls.
“Amusement and Recreation Establishments, Indoor. See “Commercial Recreation – Indoors.” “Amusement and Recreation Establishments, Outdoor. See “Commercial Recreation – Outdoors.” Animal Care, Sales, and Services.

Item Number: 9.

“Animal boarding/kennels” means the commercial provision of shelter and care for dogs, cats, other household animals, and horses (where allowed); including overnight boarding, and including activities associated with such shelter and care (e.g., feeding, exercising, grooming, and incidental medical care).
“Animal grooming” means the commercial provision of bathing and trimming services for dogs, cats, and other household animals permitted by the Municipal Code. Overnight boarding is not included with this use (see “animal boarding/kennels”). “Animal shelter” means an establishment that provides a temporary home for dogs, cats, and other animals that are commonly offered for adoption with the provision of adequate heat, ventilation, sanitary shelter and wholesome and adequate food and water, in each case consistent with the normal requirements and feeding habits of the animal’s size, age, species, breed, and physical condition. “Veterinary services, large animal” means veterinary services for livestock, farm animals, and other large animals. This classification allows 24-hour accommodation of animals receiving medical services.
“Veterinary services, small animal” means veterinary services for household pets. This classification allows 24-hour accommodation of animals receiving medical services but does not include kenneling of animals not receiving medical services (see “animal boarding/kennels”).

Antenna. See “Wireless communication facilities.”
Antiques, Art, Collectibles, and Gifts. See “Retail sales – General.” Apartment. See “Dwelling, multifamily.”
“Arcade (electronic game center)” means an establishment that provides more than four (4) amusement devices, whether or not the devices constitute the primary use or an accessory or incidental use of the premises. Amusement devices mean an electronic or mechanical equipment, game, or machine that is played or used for amusement, which, when so played or used involves skill and which is activated by coin, key, or token, or for which the player or user pays money for the privilege of playing or using. This use may also include internet/cyber cafes, where three or more computers and/or other electronic devices, for access to that system commonly referred to as the “Internet,” e-mail, playing video games over the Internet or other network system, and/or access to other computer software programs, is provided to the public for compensation and/or for public access. Internet cafe is also synonymous with PC cafe, cyber cafe, internet gaming center, computer/internet rental and cyber centers.

Art and Art Supply Store. See “Retail sales – General.” Art Gallery. See “Retail sales – Art gallery.”
Item Number: 9.

Assisted Living Facility. See “Residential care facility.” Auditoriums, Meeting Halls, and Theaters. See “Clubs, lodges, private meeting halls.” “Automated teller machines (ATMs), drive-up or drive-through” means an unstaffed computerized, selfservice machine used by banking customers for financial transactions, including deposits, withdrawals, and fund transfers. These machines may be located at or within banks, or in other locations, and meet the definition of a “drive-through or drive-up facilities.” Automobile Repair. See “Vehicles – Trucks, construction, and heavy equipment sales, service, and rental.”
Auto Parts Store. See “Vehicles – Trucks, construction, and heavy equipment sales, service, and rental.” B Definitions
Banks and Financial Services. See “Financial institutions and related services (without drive-through facilities).”
Bar. See “Eating and drinking establishments – Bars, lounges, nightclubs, and tasting rooms.” Bed and Breakfast Establishment. See “Lodging – Bed and breakfast establishments.” Boarding House. A boarding house is a residence or dwelling, other than a motel or hotel, wherein two (2) or more rooms, with or without individual or group cooking facilities, are rented to three (3) or more individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent or rental manager is in the residence. Meals may also be included. This use type includes convents, monasteries, and student dormitories, but does not include fraternities and sororities.

Notwithstanding this definition, no single-unit dwelling operated as a group home pursuant to the Community Care Facilities Act, which is otherwise exempt from local Zoning Regulations, shall be considered a boarding house.
“Brewery, winery” or “distillery” means an establishment which produces ales, beers, meads, hard ciders, wine, liquor, and/or similar beverages on-site. Breweries may also serve beverages on site and sell beverages for off-site consumption in keeping with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). “Building materials and services” means retail sales or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales, or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use. This classification includes the accessory retail sale of nursery and garden products, as defined under “Nursery and garden centers.”
Item Number: 9.

Indoor. Storage and display of commercial goods or materials entirely within an enclosed building.

Outdoor. Storage and display of commercial goods or materials in open lots, outside of a structure other than fencing, either as an accessory or principal use.

Business, Retail. See “Retail sales – General.”
“Business support services” means establishments providing goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, advertising and mailing, equipment rental and leasing, office security, custodial services, photo finishing, model building, taxi, or delivery services with two or fewer fleet vehicles on site.

Business, Wholesale. See “Warehouse, wholesaling and distribution.” C Definitions
Cabinet Shop. See “Furniture and fixtures manufacturing, cabinet shops, and woodworking shops.” “Camping/Glamping” – means staying outdoors overnight typically in a sleeping bag or a tent or similar structure. Glamping is a form of camping involving accommodations and facilities more luxurious than those associated with traditional camping.

Cannabis Facility or Use. See “Marijuana facility.”
“Car sharing – Parking” means the provision of parking spaces for membership-based car sharing vehicles that charges a use-based fee related to a specific vehicle, primarily for hourly or other shortterm use through a self-service fully automated reservation system, but not by means of a separate written agreement that is entered into each time a vehicle is transferred to a customer.

Car Wash. See “Vehicle repair and services – Vehicle washing/detailing.” “Caretaker quarters” means a permanent residence that is secondary or accessory to the primary use of the property and used for housing a caretaker employed on the site of any nonresidential use where needed for security purposes or to provide 24-hour care or monitoring of people, plants, animals, equipment, or other conditions on the site.

Carpet Cleaning and Dyeing Plants. See “Laundries and dry-cleaning plants.” Carport. See “Garage or carport.”
“Cash for gold facilities” is defined and regulated as “Retail sales - Restricted” and further, an establishment that accepts gold, silver, and other precious metals primarily from jewelry, in exchange for Item Number: 9.

monies.

Catering Service. See “Food preparation/catering (no on-site sales or service).” “Check cashing and/or payday loans” means a commercial land use that generally includes some or all of a variety of financial services, including cashing of checks, warrants, drafts, money orders, or other commercial paper serving the same purpose; deferred deposit of personal checks whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement; money transfers; payday advances; issuance of money orders; making consumer or auto-title loans; and similar uses. This category does not include state or federally chartered banks, savings associations, credit unions, or industrial loan companies. It also does not include retail sellers that are primarily engaged in the business of selling consumer goods, such as consumables to retail buyers, and that cashes checks or issues money orders as a service to its customers (for a fee not exceeding two (2) dollars) incidental to their main purpose or business.

Child Day Care Centers. See “Day care center.”
Church. See “Religious assembly facilities.”
Clinics and/or Urgent Care. See “Hospitals and clinic/urgent care.” Clubs, Lodges, Private Meeting Halls. See “Public assembly facilities.” “Clubhouse” means a private accessory structure associated with a voluntary association of persons organized for cultural, recreational, and communal gatherings suited for multifamily dwelling complexes, homeowners’ association, neighborhoods, and/or golf courses. See also “Public assembly facilities.”
“Commercial recreation” means recreational facilities where visitors are participant actors rather than spectators. Examples include outdoor facilities such as amusement and theme parks, water parks, swimming pools; driving ranges, golf courses, miniature golf courses, riding stables, athletic courts such as tennis, pickleball, bocce ball, and badminton; and indoor facilities such as large fitness centers, gymnasiums, handball, badminton, racquetball, dance hall and tennis club facilities; ice or roller skating rinks; trampoline and bounce house establishments; bowling alleys; pool and billiards lounges; darts and axe-throwing, and electronic game and amusement centers. This classification may include snack bars and other incidental food and beverage services to patrons. Bars or restaurants with alcohol sales shall be treated as a separate use and shall be regulated accordingly, even when operated in conjunction with the entertainment and recreation use.
“Commercial recreation – Indoors” means privately owned facilities for various indoor spectator or participant sports and types of recreation where a fee is charged for use. Indoor Commercial Recreation uses include, but are not limited to:

Item Number: 9.

• Arcades
• Archery and gun ranges
• Batting cages
• Bowling alleys
• Billiard parlors/poolhalls
• Dance halls
• Darts and axe throwing
• Handball
• Ice rinks
• Laser tag
• Racquetball
• Skateboarding, skating, and roller hockey rinks
• Theaters
“Commercial recreation – Outdoors” means privately owned facilities for various outdoor spectator or participant sports and types of recreation where a fee is charged for use. Outdoor commercial recreation uses include, but are not limited to:
• Amphitheaters
• Amusement parks
• Badminton
• Batting cages
• Bocce ball
• Drive-in theaters
• Go-cart and miniature auto racetracks
• Golf driving ranges (separate from golf courses)
• Miniature golf courses
• Motorcycle racing and drag strips
• Pickleball
• Racetracks
• Shooting ranges
• Skateboard parks
• Stadiums and coliseums
• Swim and tennis clubs
• Swimming pools
• Tennis courts
• Water slides
• Zoos
Community/Cultural Center. See “Cultural institutions.” Item Number: 9.

“Community Kitchen” means a facility with a kitchen such as a community center, senior center, school, or similar where small groups of people can cook meals together or take cooking classes.

Consignment Store. See “Secondhand store.”
“Condominium hotel/motel, converted” means the conversion of an existing hotel/motel to a condominium housing development.
“Construction commencement” means the date the City issues a building permit, or the date the City issues a grading permit, whichever date is earlier in time.

Construction Equipment Rental/Sales. See “Vehicles – Trucks, construction, and heavy equipment sales, service, and rental.”
Contractor’s Storage Yard. See “Storage.”
Convalescent Home. See “Residential care facilities.”
“Convenience store” means a retail establishment with not more than 4,500 square feet of gross floor area offering for-sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods, such as salads, for off-site consumption. Sale of alcoholic beverages is permitted with an approved limited to beer and wine only in conjunction with an ABC License Type 20.
“Cosmetology services” means a business that performs beauty treatments including, hairstyling, skin care, cosmetics, manicures/pedicures, and hair removal.
“Cultural institutions” means a nonprofit institution displaying or preserving objects of interest in one or more of the arts or sciences. This use includes libraries, museums, and art galleries. May also include accessory retail uses such as a gift/book shop, and restaurant.

D Definitions
“Data centers” means an industrial building containing floor space that houses computer mainframes, servers, and IT equipment primarily for the purpose of storing data and distributing data stored on-site.

Data centers also contain all associated power distribution, cooling, cabling, fire suppression, and physical security systems.
“Day care center” means establishments providing non-medical care for persons (children or adults) on a less than 24-hour basis other than “family day care homes.” This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the State.

Item Number: 9.

“Density” means the ratio and intensity for land use over a given area of land, which is defined by ratios such as the number of units per given area of land (i.e., units per acre). Except as otherwise provided by this Code, Federal or State law, when calculating the maximum permitted density, if the density ratio calculated is a fraction, density shall be rounded down to the whole number.

Dining, Outside Seating Areas. See “Eating and drinking establishments.” “Donation boxes” means a bin, storage shed, or similar facility established as an accessory use to a primary use for the purpose of providing a collection location for donated clothes, shoes, and small household items.
“Drive-through and drive-up facilities” means an establishment that sells products or provides services to occupants in vehicles, including automated teller machines, drive-in or drive-up windows, and drivethrough services. Examples include fast food restaurants, banks, and pharmacies. Does not include “click and collect” facilities in which an online order is picked up in a stationary retail business without use of a drive-in service (see “Retail Sales – General”). Does not include drive-in theaters or “Vehicle Services - Washing.”
Dry Cleaning Establishments. See “Laundries and dry-cleaning plants.” “Dwelling” means a structure designed or used for the shelter or housing of one or more persons, including single-unit and multi-unit dwellings, but not including hotels, boarding houses, or rooming houses.
“Dwelling, multiple family” means two or more dwelling units attached or detached on a site or lot, which does not include an accessory dwelling unit. Types of multiple unit dwellings include a duplex, triplex, fourplex, townhouses, common interest subdivisions, garden apartments, senior housing developments, and multistory apartment buildings. Multiple-unit dwellings may also be combined with nonresidential uses as part of a mixed-use development. “Dwelling, single-family” means a dwelling unit designed for occupancy by one household which is not attached to or located on a lot with commercial uses or other dwelling units, other than an accessory dwelling unit. This definition also includes individual manufactured housing units installed on a foundation system pursuant to Health and Safety Code Section 18551.

E Definitions
“Eating and drinking establishments” means businesses primarily engaged in serving prepared food and/or beverages for consumption on or off the premises. “Bars, lounges, nightclubs, and tasting rooms” means any establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premise license Item Number: 9.

from the State Department of Alcoholic Beverages and in which persons under 21 years of age are restricted from the premises. References to the establishment shall include any immediately adjacent area that is owned, leased, or rented, or controlled by the licensee. This use includes wine tasting rooms and micro-breweries where alcoholic beverages are sold and consumed on site and any food service is subordinate to the sale of alcoholic beverages. Does not include adult entertainment businesses.
“Food preparation/catering (no on-site sales or service)” means businesses preparing and/or packaging food for off-site consumption, excluding those of an industrial character in terms of processes employed, waste produced, water used, and traffic generation. Typical uses include catering kitchens, bakeries, and small-scale specialty food production. Food preparation may also be considered accessory to allowed restaurant uses.
“Restaurant – Full or limited service, no alcohol sales” means establishments where food and beverages may be consumed on the premises, taken out, or delivered. “Restaurant – Full or limited service, serving alcohol” means a restaurant that provides alcohol service.

Restaurant – with Drive-Through Facilities. See “Drive-through or drive-up facilities.” “Snack bar” means a food facility limited to serving labeled prepackaged food, including, but not limited to, candy, chips, prepackaged cookies, canned beverages, hot dogs, sandwiches, or comparable items which are considered non-potentially hazardous and limited to single service utensils.
“Efficiency kitchen” means a kitchen in a junior accessory dwelling unit that may only have up to all of the following: (1) a single basin sink with a maximum waste line diameter of 1.5 inches; and/or (2) a small cooking facility; and/or (3) a maximum of two (2) small kitchen appliances that can run on standard 120 volt outlets or natural or propane gas.
“Emergency Shelter/. See “Lodging – Homeless shelters.” “Low barrier navigation center” means housing or a shelter in which a resident who is homeless or at risk of homelessness may live temporarily while waiting to move into permanent housing, or as otherwise may be defined by Government Code 65660(a).
“Employee housing” is privately-owned housing that houses five or more employees and provides living quarters provided in connection with any work, whether or not rent is involved. “Entertainment, indoor” means an establishment offering predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, live performance theaters, meeting halls, and dance halls.

Item Number: 9.

“Equestrian stables, private” means an accessory structure for the keeping of horses or ponies for the use of occupants of the premises.
“Equestrian stables, commercial” means a structure for keeping of horses, mules or ponies which are boarded for compensation.
“Event Facility, Event Center, Event Venue” means a building used for the hosting of weddings, receptions, conferences, quencieras, galas, or similar events. The facility may include a kitchen to cater such events and an outdoor venue area ancillary to the building.

F Definitions
“Family day care homes” means a day care facility licensed by the State that is located in a single-unit residence or other dwelling unit where a resident of the dwelling provides care and supervision for children under the age of 18 for periods of fewer than 24 hours a day.

Small. A facility that provides care for eight or fewer children, including children who reside at the home and are under the age of 10. See Health and Safety Code Section 1596.78.

Large. A facility that provides care for nine to 14 children, including children who reside at the home and are under the age of 10. See Health and Safety Code Section 1596.78. “Family daycare home” means a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home. “Large family daycare home” means a facility that provides care, protection, and supervision for seven (7) to 14 children, inclusive, including children under 10 years of age who reside at the home, as set forth in CA Health and Safety Code Section 1597.465 and as defined in regulations. “Small family daycare home” means a facility that provides care, protection, and supervision for eight (8) or fewer children, including children under 10 years of age who reside at the home, as set forth in CA Health and Safety Code Section 1597.44 and as defined in regulations. “Farmers’ market” means a temporary marketplace, either indoors or outdoors, for the display and sale of produce and other agricultural products such as, but not limited to, fresh fruits, vegetables, nuts, honey, shell eggs, flowers, and nursery stock.
“Financial institutions and related services (without drive-through facilities)” means financial institutions providing retail banking services. This classification includes only those institutions engaged in the on- site circulation of money, including credit unions, but does not include “check cashing shops Item Number: 9.

and/or payday loans” or any facility exchanging valuables for payment. “Firearm and ammunition store” is defined and regulated as “Retail sales - Restricted” and further, the selling, leasing, or transferring of any firearm or firearm ammunition in quantity, in series, in individual transactions, or in any other manner indicative of trade; or the preparation for such conduct as evidenced by the securing of applicable federal or state licenses; or the holding of one’s self out as engaging in such conduct.

Food Preparation. See “Eating and drinking establishments.” “Food processing” means food processing establishment includes any room, building, or place or portion thereof, maintained, used, or operated for the purpose of commercially storing, packaging, making, cooking, mixing, processing, bottling, canning, packing, slaughtering, or otherwise preparing or handling food, with the exception of restaurants.
“Food truck park” means a parcel whereby food trucks, trailers, containers, and canopies offer food or beverages for sale to the public as the principal use of the land. Adequate parking, ADA access, sanitation and restroom facilities are provided on-site. “Food truck park – ancillary” means an area whereby food truck parks, trailers, containers, and canopies offer food or beverages for sale to the public as an ancillary use of another commercial business.

Adequate parking, sanitation and restroom facilities are provided on-site.

Fortune-Telling/Palm Reading/Psychic Readers. See “Personal services, restricted.” “Freight and truck terminals” means transportation facilities furnishing services incidental to freight, courier, and postal services by truck, airplane, or rail. This classification does not include local messenger and local delivery services (see “Light fleet-based services”). “Front Yard” means an area in front of a structure including the setback area where the main entrance to the building is located.
“Funeral parlors and internment services. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human remains and conducting memorial services. Typical uses include crematories, columbaria, mausoleums, mortuaries, funeral chapels, and funeral homes.
“Furniture and fixtures manufacturing, cabinet shops, and woodworking shops” means manufacturing establishments that produce wood and metal household furniture and appliances; bedsprings and mattresses; office furniture and partitions, lockers, shelving, and store furniture; and miscellaneous drapery, hardware, window blinds, and shades. Also includes wood and cabinet shops, but not sawmills or planing mills.

Item Number: 9.

G Definitions
“Garden, private” means an accessory use where the owner or tenant grows and harvests food crops and/or non-food crops for personal use by the owner or tenant of the land.

Gas/Fueling Station. See “Service/fueling station.”
General Retail. See “Retail sales – General.”
“Golf course and related facilities” means a tract of land which is laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course includes a clubhouse and shelters as accessory uses. Country clubs provide private recreational, social, and multipurpose uses associated with a private golf course for the benefit and enjoyment of members and their guests. Typical uses include clubhouses, tennis courts, playgrounds, and swimming pools. “Government facilities” means a building or structure owned, operated, or occupied by a governmental agency to provide a governmental service to the public. “Grocery store” means a retail establishment where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store.

Group Home. See “Supportive housing.”
Gun and Ammunition Store. See “Firearm and ammunition store.” H Definitions
Hazardous Waste Facilities.
“Off-site hazardous waste facility” means any structures, other appurtenances, and improvements on the land, and all contiguous land serving more than one producer of hazardous waste and used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste including, but not limited to:
• Incineration facility (i.e., rotary kiln, fluid bed, etc.) • Residual repository (receives only residuals from hazardous waste treatment facilities) • Stabilization/solidification facilities
• Chemical oxidation facilities
• Neutralization/precipitation facilities
• Transfer/storage facilities
“Specified hazardous waste facility” means a specific off-site facility project proposal.

Item Number: 9.

“Health facilities,T therapy and rehabilitation” means establishments of independent health practitioners primarily engaged in one of the following:
“Rehabilitation” means planning and administering educational, recreational, and social activities designed to help patients or individuals with disabilities, regain physical or mental functioning or to adapt to their disabilities.
“Specialized sensory treatments” means diagnosing and treating speech, language, or hearing problems.
“Therapy” means administering medically prescribed physical therapy treatment for patients suffering from injuries or muscle, nerve, joint, and bone disease.

Health/Fitness Facilities.

Small. An indoor facility of 2,500 square feet or less in size where passive or active exercises and related activities are performed using minimal muscle-building equipment or apparatus for the purpose of physical fitness, improved circulation or flexibility, and/or weight control. Examples of uses include Pilates, personal training, dance, yoga, and martial arts studios.

Large. A full-service fitness center, gymnasium, or health and athletic club which is over 2,500 square feet in size and may include any of the following: sauna, spa, or hot tub facilities; weight rooms; indoor tennis, handball, or racquetball courts; rock climbing wall, boxing ring, cheerleading, aerobic classes; and other indoor sports activities; and locker rooms and showers. “Homeless shelters” means places of worship, public buildings, or quasi-public facilities that provide emergency or temporary shelter for more than 31 days in any six-month period to homeless individuals and/or groups. These accommodations may include temporary lodging, meals, laundry facilities, bathing, counseling, and other basic support services.
“Hospitals and clinic/urgent care” means State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for inpatient or outpatient treatment, including substance-abuse programs, as well as training, research, and administrative services for patients and employees. This classification excludes veterinaries and animal hospitals (see “Animal care, sales, and services”). “Clinic/urgent care” means a facility other than a hospital providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis, including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes licensed facilities such as blood banks and plasma centers and emergency medical services offered exclusively on an outpatient basis such as urgent care centers. Typically operates beyond standard Item Number: 9.

medical office hours and may provide emergency treatment. May include educational aspects such as medical instruction and/or training as well as house a lab, radiology, pharmacy, rehabilitation, and other similar services as accessory uses. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale; see “Office, medical and dental office.”
“Hospital” means a facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.

Hotel. See “Lodging – Hotel and motel.”
I Definitions
Impound Yard. See “Vehicle storage.”
“Instructional services” means commercial establishments that offer specialized programs in personal growth and development provided onin an individual or group setting. Typical uses include classes or instruction in music, art, or academics. Instructional Services also include rehearsal studios as an accessory use.

Internet Café. See “Arcade (electronic game center).”
J Definitions
Jewelry Store. See “Retail sales – General.”
“Junior accessory dwelling unit” means a unit that is 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.

K Definitions
Kennel. See “Animal care, sales, and services.”
L Definitions
“Laboratory – Medical, analytical, research, testing” means a facility for testing, analysis, and/or research. Examples of this use include medical labs, soils and materials testing labs, and forensic labs.

This type of facility is distinguished from industrial research and development (see “Research and Development”) in its orientation more toward testing and analysis than product development or Item Number: 9.

prototyping; an industrial research and development facility may typically include this type of lab. The “medical lab” subset of this land use type is oriented more toward specimen analysis and processing than direct blood drawing and specimen collection from patients (see “Hospitals” and “Clinics”) but may also include incidental specimen collection. This definition does not include any Laboratory relating to cannabis; see “Marijuana Facility.”
Laboratory, Medical and Dental. See “Office, medical and dental.” “Laundries and dry-cleaning plants” means establishments engaged in high-volume laundry and garment cleaning services, including power laundries, garment pressing and dry cleaning, linen supply, diaper service, industrial laundries, and carpet and upholstery cleaners. Does not include coin-operated laundries (“laundromat”) or dry-cleaning drop-off/pick-up stores (“personal services”) without dry cleaning equipment.
“Laundromat” means an establishment engaged in operating facilities with coin operated or similar selfservice laundry and dry-cleaning equipment for customer use on the premises.

Library. See “Cultural institutions.”
“Live entertainment” means a musical act (including karaoke), theatrical act (including standup comedy), play, revue, scene, dance act, or combination, performed by one or more persons, whether or not they are compensated for the performance, in a privately owned premise that is open to the public, whether or not admission is charged.
“Live/work unit” means an integrated housing unit and working space occupied and utilized by a single household in a structure, either single-unit or multiple-unit, and may include only commercial activities and pursuits that are compatible with the character of a residential environment. May be designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes:
(1) complete kitchen space and sanitary facilities in compliance with the City building code; and (2) working space reserved for and regularly used by one or more occupants of the unit. “Lodging” means an establishment providing overnight accommodations to transient patrons for payment for periods of fewer than 30 consecutive calendar days. “Bed and breakfast establishment” means a building or group of buildings providing 15 or fewer bedrooms or suites that are rented for overnight lodging, with a common eating area for guests. Does not include room rental, which is separately defined (see “Boarding house”). “Hotel and motel (without spa)” means an establishment with guest rooms or suites with a bathroom, with or without kitchen facilities, rented to the general public for overnight lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, personal services, retail services, or recreational facilities available to guests or to the general public. This use classification includes short-term residential rental, which is a Item Number: 9.

dwelling unit that areis shared, in whole or in part, for transient occupancy for periods of up to 30 consecutive days as a way of generating rental income. This use classification does not include boarding or rooming housings (see “Boarding houses”) or bed and breakfasts (see “Bed and breakfast establishments”).
“Spa resort” means a development providing visitor-oriented accommodations, including overnight lodging, restaurants, recreational and physical fitness amenities, spa facilities, and meeting facilities, which are designed to provide mainly for the needs of visitors. “Low barrier navigation center” means housing or a shelter in which a resident who is homeless or at risk of homelessness may live temporarily while waiting to move into permanent housing, or as otherwise may be defined by Government Code 65660(a).
“Lot coverage: means all the area of a lot, as projected on a horizontal plane, which is enclosed by the exterior walls of buildings or enclosed accessory structures excluding Accessory Dwelling Units (ADUs); Lumber Yards, Retail and Wholesale. See “Building materials and services.” M Definitions
“Maintenance and repair services – Indoor” means establishments engaged in the maintenance or repair of office machines, household appliances, furniture, and similar items. This classification excludes maintenance and repair of vehicles or boats (see “Vehicle sales and services”) and personal apparel (see “Personal services”).

Manufactured Home. See “Mobile home.”
“Mobile home” means a trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach, or factory-built housing. A mobile home on a permanent foundation is included under the definition of “Single family dwelling.”
“Mobile home parks” means a parcel of land under one (1) or more ownerships that has been planned and improved for the placement of two (2) or more mobile homes, as the term “mobile home” is defined in Civil Code Section 798.3 or successor provision of the State Mobile Home Residency Law, for non-transient use. “Prefabricated home” or “modular home” means a part, or all of the house is built in a factory before being shipped to a site and set on a permanent foundation. Prefabricated is a general term used for a prefabricated building or building component that is manufactured in a factory prior to its final assembly at the construction site, whereas modular refers to something built or organized in self-contained units—like building blocks. These houses must meet all local building codes and regulations.

Item Number: 9.

“Manufacturing – Heavy” means manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. This classification includes operations such as biomass energy conversion; textile mills; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing (such as sand, gravel, or clay into products for intermediate or final consumption); primary metal manufacturing; fabricated metal product manufacturing; petroleum refining and related industries; and automotive, ship, aircraft, and heavy equipment manufacturing. Includes accessory office uses associated with the on-site use. This classification does not include recycling (see “Recycling”) or the processing of animals. “Manufacturing – Light” means a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, and treatment packaging, taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. Includes accessory wholesale and/or direct retail sale to consumers of only those goods produced on-site. Includes accessory office uses associated with the on-site use. Examples of light industrial uses include, but are not limited to, the manufacture of electronic instruments, equipment, and appliances; brewery and alcohol production, pharmaceutical manufacturing; and production apparel manufacturing.

Marijuana or cannabis facility” means collectively, any marijuana storefront retail facility, non-storefront retail facility, marijuana cultivation facility, marijuana distribution facility, marijuana testing facility, or marijuana manufacturing facility, as those terms are defined in this chapter. “Marijuana or cannabis cultivation” means a facility wherein marijuana is propagated, planted, grown, harvested, dried, cured, graded, labeled, tagged for tracking, or trimmed, or wherein all or any combination of those activities takes place.
“Marijuana or cannabis distribution” means any facility or location, the primary function of which is the procurement, sale, and/or transport of marijuana and/or marijuana products between entities operating in strict accordance with State law, as may be amended from time to time, and subject to the provisions of this chapter and this code.
“Marijuana or cannabis lounge facility” means a commercial establishment or business that either sells, or otherwise permits marijuana for on-site consumption that possesses permit(s) issued pursuant to this Code.
“Marijuana or cannabis manufacturing” means a facility where the production of marijuana concentrate, and/or the preparation, propagation, or compounding of manufactured marijuana, either directly or indirectly or by extraction methods or independently by means of chemical synthesis, or the packaging or repackaging of marijuana or marijuana products, or the labeling or relabeling of its containers, occurs, provided the facility holds a valid marijuana manufacturing facility license, a marijuana Regulatory Permit, and a Conditional Use Permit all issued in accordance with this Item Number: 9.

chapter and this code, and provided that the facility will qualify for a valid State license when the State of California begins issuing State licenses to marijuana manufacturers. “Marijuana or cannabis storefront retail” has the same meaning as in Business and Professions Code Section 26070(a)(1), as may be amended, and further defined by Sections 5400 to 5413 et seq., in the California Code of Regulations, as may be amended. This is a retail facility which sells and/or delivers marijuana or marijuana products to customers. A storefront retail facility shall have a licensed premises which is a physical location from which commercial cannabis activities are conducted.
“Marijuana or cannabis testing facilities” has the same definition as in the Business and Professions Code Section 26001, as may be amended, which currently means a laboratory, facility, or entity in the State that offers or performs tests of cannabis or cannabis products and that is both of the following: (1) accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State; and (2) licensed by the Bureau of Cannabis Control and regulated by Section 5700 et seq., as may be amended of Title 16 of the California Code of Regulations.

Massage. See “Personal services.”
Massage Establishment. See “Personal services.”
Materials Storage Yard. See “Building materials and services.” Mausoleum. See “Cemeteries, crematories, columbaria, and related facilities” and “Funeral parlors and internment services.”
Medical Services. See “Hospitals and clinics” and “Office, medical and dental office.” Metal Plating. See “Manufacturing – Heavy.”
Metal Working/Fabrication. See “Manufacturing – Heavy.” “Mobile home” means a trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach, or factory-built housing. A mobile home on a permanent foundation is included under the definition of “Single family dwelling.”
“Mobile home parks” means a parcel of land under one or more ownerships that has been planned and improved for the placement of two or more mobile homes, as the term “mobile home” is defined in Civil Code Section 798.3 or successor provision of the State Mobile home Residency Law, for non-transient use.

Item Number: 9.

Motel. See “Lodging – Hotel and Motel.”
“Moving companies, storage allowed” means an establishment that moves the possessions of a household or business from one site to another. The company may also provide storage, or incidental sales of moving supplies.

Multifamily Dwelling. See “Dwelling – Multifamily dwelling.” Museum. See “Cultural institutions.” N Definitions
Nightclub. See “Eating and drinking establishments.”
“Nurseries and garden centers” means establishments primarily engaged in retailing nursery and garden products—such as trees, shrubs, plants, seeds, bulbs, and sod—that are predominantly grown elsewhere.

These establishments may sell a limited amount of a product they grow themselves. Fertilizer and soil products are stored and sold in package form only. This classification includes wholesale and retail nurseries offering plants for sale. This classification also includes farm supply and feed stores.

Nursery School. See “Day care centers.”
Nursing Home. See “Residential care facilities.”
O Definitions
Offices.
“Business and professional (non-medical and dental office)” “ means offices of firms or organizations providing professional, executive, management, or administrative services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, legal offices, and tax preparation offices, but excluding banks and savings and loan associations (see “Financial Institutions and related services” and “Check cashing and/or payday loans”). “Medical and dental office” means office use providing consultation, diagnosis, therapeutic, preventive, or corrective treatment services by doctors, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, medical and dental laboratories within medical office buildings, but excluding clinics or independent research laboratory facilities and hospitals (see “Hospitals and clinics”) and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Incidental medical and/or dental research within the office is considered part of the office use, where it supports the on-site patient services.

Office Supply Store. See “Retail sales – General.”
Item Number: 9.

“Outdoor temporary and/or seasonal sales” means the temporary outdoor use of property for retail sales.

Outside Storage Area. See “Storage.”
P Definitions
“Parking facility - Temporary” means a use to store operative cars, buses, recreational vehicles, trucks, vans, and other motor vehicles for a specified period of time, with the intent to discontinue the use at the end of the designated time period.
“Parolee/probationer homes” means any residential structure or unit, including any hotel or motel, except as provided herein, whether owned and/or operated by an individual or for-profit or nonprofit entity, which houses two or more parolees/probationers, unrelated by blood, marriage, or legal adoption, in exchange for monetary or non-monetary consideration given and/or paid by the parolee/probationer and/or any individual or public or private entity on behalf of the parolee/probationer, excluding parolees/probationers who reside in an alcohol and/or drug-free residential recovery home, community care facility, residential care facility, and other such facilities defined and regulated by California State law and exempt from local regulations by California State law. “Pawn shop” means defined and regulated as “Retail sales - Restricted” and further, a commercial establishment that sells secondhand personal property and in which the operator provides loans secured by such personal property.
“Personal services” means provision of recurrently needed services of a personal nature. This classification includes barber shops and beauty salons, seamstresses, tailors, day spas, massage services where all persons engaged in the practice of massage are certified pursuant to the Business and Professions Code Section 4612, dry cleaning agents (excluding large-scale bulk cleaning plants), shoe repair shops, self-service laundries, tattoo and body piercing services, video rental stores, photocopying, photo finishing services, and travel agencies mainly intended for the consumer. “Personal services, general” means establishments that provide recurrently needed services of a personal nature. Examples of these uses include:
• barber shops, hair salon
• cosmetology services
• clothing rental shops
• day spa without massage
• dry-cleaning pick-up stores with limited on-site cleaning equipment • laundromats (self-service laundries)
• locksmiths
• nail salon
Item Number: 9.

• shoe repair shops
• tailors and seamstresses
• tanning salons
• fortune-telling, palm reading, card reading, and psychic services • tattoo and body piercing services
•
• ticket services shops
“Personal services, restricted” means personal services with characteristics that have the potential to adversely impact surrounding areas, and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include:
• day spa with massage
• fortune-telling, palm reading, and psychic services
• massage establishments
• palm and card readers
• tanning salons
• tattoo and body piercing services
“Planned residential development” means as defined by Civil Code Section 1351(k), a development (other than a community apartment project, condominium, or stock cooperative) having either or both of the following features:

1. The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area; and/or

2. A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separately owned parcel, or area in compliance with Civil Code Section 1367.
“Property management” means an office within a residential housing project or a multiple-family development in which a manager, acting as agent for the owner-lessor(s) of the residential housing project or the multiple-family development.
“Public assembly facilities” means a facility for public or private assembly and meetings, exclusive of “Religious Assembly Facilities,” which is defined separately. Examples of these uses include:
• banquet rooms
• civic and private auditoriums
Item Number: 9.

• community centers
• conference/convention facilities
• meeting halls for clubs and other membership organizations Public assembly facilities do not include gymnasiums or other “sports and entertainment assembly” facilities, or “day care centers” or “schools,” which are all separately classified and regulated.

Public Park. See “Park and recreation facilities.” means land and/or facilities that are publicly owned or controlled for the purpose of providing recreation and/or open space for public use.

Public Utility Commercial Office. See “Office, public utility commercial.” Q Definitions
Reserved.

R Definitions
“Recording studio” means workplaces where movies, television shows or radio programs are produced and recorded, including administrative and technical production, administrative and production support offices, post-production facilities (editing and sound recording studios, foley stages, etc.), optical and special effects units, film processing laboratories, etc. “Recreation facilities, private” means a building, structure, or open space designed as an accessory recreational use to a permitted principal use. Private recreational facilities include such uses as swimming pools and tennis courts and are not open to the general public and not operated for profit.

Recreation Use, Commercial. See “Commercial recreation.” “Recreational equipment rentals, indoor only” means rental of bicycles, scooters, skateboards, ice skates, snowboards, surfboards, and similar recreational vehicles and equipment that are powered by persons and do not include a motor; use includes on-site storage and incidental maintenance that does not require pneumatic lifts.
“Recreational vehicle” means a motorhome, housecar, travel trailer, truck camper, or camp trailer; with or without motive power; designed for human habitation or other occupancy. “Recycling facilities” means a facility for receiving, temporarily storing, transferring, and/or processing materials for recycling, reuse, or final disposal. This use classification does not include facilities that deal with animal matter, nor does it include waste transfer facilities that operate as materials recovery, recycling, and solid waste transfer operations, which are classified as utilities.

Item Number: 9.

“Collection facility” means a facility available for the general public for the recycling of California Redemption Value (CRV) products such as glass, aluminum cans, and plastic beverage containers as defined by the State’s Department of Resources Recycling and Recovery. Also includes reverse vending machines, where an automated mechanical device that accepts, sorts, and processes recyclable materials and issues a cash refund or a redeemable credit slip. Processing and sorting are not conducted on site.
“Large collection facility” means a facility that occupies an area of more than 500 square feet and/or includes permanent structures where the public may donate, redeem, or sell recyclable materials. “Reverse vending machine(s)” means an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value of not less than the container’s redemption value as determined by the state. A “reverse vending machine” may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary. “Small collection facility” means a facility that occupies an area of 500 square feet or less where the public may donate, redeem, or sell recyclable materials and may include:
• A mobile unit
• Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet
• Kiosk-type units that may include permanent structures • Unattended containers placed for the donation of recyclable materials “Processing facility” means a facility used for the collection and processing of recyclable materials for shipment, or to an end user’s specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing and shredding. Processing facilities include the following types, both of which are included under the definition of “Recycling facilities— Scrap and dismantling yards”:
“Heavy processing facility” means a heavy processing facility is any processing facility over 45,000 square feet other than a light processing facility. “Light processing facility” means a facility that occupies an area of under 45,000 square feet of collection, processing, and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility.

Item Number: 9.

A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.
“Religious assembly facilities” means any facility specifically designed and used to accommodate the gathering of persons for the purposes of fellowship, worship, or similar conduct of religious practices and activities. This definition includes functionally related internal facilities (i.e., kitchens, multipurpose rooms, storage, etc.) and residences for clergy. Other establishments maintained by religious organizations, including full-time educational institutions, hospitals, and other related operations, are classified according to their respective activities.

Repair/Maintenance, Consumer Products. See “Maintenance and repair services – Indoor.” “Research and development” means a facility for scientific research and the design, development and testing of electrical, electronic, magnetic, optical, and computer and telecommunications components in advance of product manufacturing, and the assembly of related products from parts produced off site, where the manufacturing activity is secondary to the research and development activities. Includes pharmaceutical, chemical and biotechnology research and development. Does not include soils and other materials testing laboratories (see “Laboratory – Medical, analytical, research, testing”), or blood drawing and specimen collection from patients (see “Hospitals and clinics, clinic”), or testing of computer software (see “Office”). Includes assembly of related products from parts produced off-site where the manufacturing activity is secondary to the research and development activities. “Residential care facilities” means commercial facilities that are licensed by the State to provide permanent living accommodations and 24-hour care and supervision for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living, including medical care. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions, including care facilities for the elderly, hospices, nursing homes, convalescent facilities, and facilities for minors, persons with disabilities, and people in recovery from alcohol or drug addictions. This use classification excludes “supportive and/or transitional housing.”
Restaurant. See “Eating and drinking establishments.”
“Retail sales – General” means the retail sale or rental of merchandise not specifically listed under another use classification. This classification includes department stores, clothing stores, furniture stores, pet supply stores, hardware stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar small-item repairs. Does not include Item Number: 9.

swap meet, pawn shop, or secondhand stores.
“Retail sales – Art gallery” means a retail use that includes sales and exhibition of art work with small-scale production of art work and instruction on-site. “Retail sales – Restricted” means the retail sale of firearm and ammunition stores, pawn shops, smoke shops, consignment stores, secondhand stores, and business offering payment for valuable goods such as jewelry and gold (e.g., cash for gold facilities).

Indoor retail concessions mall means a single building that is used by a variety of different but complementary businesses. Retail concessions are “shops within a shop” and serve as a way to attract a wider demographic of customers while offering engaging, unique in-store experiences.

Retirement Home. See “Senior housing.”
S Definitions
Satellite Antenna. See “Wireless telecommunication facilities.” “Schools” means a public or private educational institution which is run by the State or a subdivision or which is licensed by the State to offer preschool, elementary or secondary academic instruction — including kindergartens, elementary schools, middle or junior high schools, and high schools. “Schools, K - 12, private” means a private academic educational institution, including boarding schools; elementary, middle/junior, and high schools; military academies; and businesses providing instruction in arts and languages. This definition does not include “Trade and Vocational Schools,” “Tutoring and Education Centers,” or non-tuition part-time instruction at religious assembly facilities.
“Schools, private” means a private academic educational institution, including boarding schools; colleges and universities; elementary, middle/junior, and high schools; military academies; and businesses providing instruction in arts and languages. This definition does not include “Trade and vocational schools,” “Tutoring and education centers,” or non-tuition part-time instruction at religious assembly facilities.
“Secondhand/thrift” means store. Defined and regulated as “Retail sales – Restricted” and further, a business involved in the retail sale of used goods and merchandise such as a thrift store or consignment, whereby the sale of such used goods and merchandise comprise 25 percent or more of total square footage or shelf space of the sales floormonthly sales volume. This definition does not include pawn shops and swap meets.

Self-Storage. See “Storage – Personal.”
Senior Care Facilities. See “Senior housing.”
Item Number: 9.

“Senior citizen congregate care housing facilities” means residential projects reserved for senior citizens, where each dwelling unit has individual living, sleeping, and bathing facilities, but where common facilities are typically provided for meals and recreation. This definition excludes “residential care facilities.” For purposes of permitted uses under Title 17 of the Municipal Code, senior citizen congregate care housing facilities are classified as “supportive housing.” “Senior housing” means a housing development incorporating independent dwelling units that are designed for, and limited to, the occupancy by persons who are at least 62 years of age, or who are at least 55 years of age and meet the qualifications found in Section 51.3 of the California Civil Code. This definition includes senior apartments, retirement communities, retirement homes and homes for the aged. It does not include extended care facilities such as convalescent homes or skilled nursing facilities (“Medical services—Extended care”), assisted living facilities, or senior citizen congregate care housing facilities. If the senior housing is a single-family dwelling, it is classified as a “dwelling, single-family” for purposes of permitted uses under Title 17 of this Code. If the senior housing is a multifamily dwelling it is classified as a “dwelling, multifamily” for purposes of permitted uses under Title 17 of this Code.

Service/Fueling Station. See “Vehicle repair and services.” Short-Term Residential Rental. See “Lodging – Hotel and motel.” Shopping Center. See “Retail sales – General.”
Single Family Dwelling. See “Dwelling – Single family dwelling.” “Single room occupancy (SRO)” means single room living spaces located within organized multi-unit residential complexes and supported by common facilities for dining and recreation.

Single Unit Dwelling. See “Single family dwelling.”
“Social service facilities” means nonresidential facilities providing assistance and aid to those persons requiring counseling and/or treatment for psychological problems, addictions, learning disabilities, physical disabilities or to those persons in need of food and/or shelter. May include feeding centers, as well as substance abuse recovery and treatment facilities.

Spa Resort. See “Lodging – Spa resort.”
Storage.
“Storage – Accessory” means the indoor storage of materials accessory and incidental to the primary use is not considered a land use separate from the primary use.

Item Number: 9.

“Storage – Outdoor” means the storage of various materials outside of a structure other than fencing, either as an accessory or primary use.
“Storage – Outdoor recreational vehicle storage” means the storage of operative or inoperative recreational vehicles. These uses include storage of towed recreational vehicles, impound yards, and storage lots for recreational vehicles, but do not include recreational vehicle dismantling. “Storage – Personal” means a structure containing a separate storage space that is designed to be leased or rented individually. Indoor storage shall mean that access to all storage spaces shall be from common interior corridors, and the facility has only shared loading areas. This use does not include outdoor storage of any kind. Further, such storage does not involve any manufacturing, office or business services, or human habitation in any storage space or anywhere on site. Also known as mini-storage.
“Storage - Vehicles” means the storage of operative or inoperative vehicles. These uses include storage of towed vehicles, impound yards, and storage lots for buses and recreational vehicles, but do not include vehicle dismantling.

Substance Abuse Treatment Center. See “Social service facilities.” “Supportive and/or transitional housing” means the term supportive housing (per Government Code Section 65582[f], as may be amended) shall mean a dwelling unit occupied by a target population, with no limit on length of stay, that is linked to on-site or off-site services that assist the supportive housing resident(s) in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. A target population means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Welfare and Institutions [W&I] Code Section 4500) and may include—among other populations—adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

The term Transitional Housing (per Government Code Sections 65582[j] and 50801[i], as may be amended) shall mean buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than 6 months from the beginning of assistance.

Supportive and/or transitional housing may be designed as a residential group living facility or as a regular residential use, provided the facility appears as and meets the design standards for residential structures in the zone in which it is located. Supportive and/or transitional housing may include facilities that provide both on-site and off-site services, and such use may or may not be licensed by Item Number: 9.

the State. This classification includes group homes (small and large).

Supermarket. See “Grocery store.”
“Sustainable single family housing development” means a development of two (2) or more houses, newly constructed subject to a Homeowner’s Association registered with the Department of Real Estate and such homes must be built using green building materials, and in addition, shall include one (1) or more of the following: (1) energy efficient materials; (2) water efficient measures; (3) Leadership in Energy and Environmental Design (“LEED”) certified building methods; or (4) green building certification.
“Swap meet” means any outdoor place, location, or activity where new or used goods are offered for sale or exchange to the general public by multiple individuals or licensed vendors, usually in compartmentalized spaces; and where a fee may be charged to prospective buyers for admission, or a fee may be charged for the privilege of offering or displaying such merchandise. The term swap meet is interchangeable with and applicable to flea markets, auctions, open air markets, farmers markets, or other similarly named or labeled activities; but the term does not include supermarket or department store retail operations.
“Swimming pool, private” means any confined body of water, located either above or below the finished grade of the site or on a rooftop, which exceeds 18 inches in depth (or as otherwise defined by Building Code Chapter 31 (Special construction), Section 3119.B.5 (Pools), as it may be amended from time to time), and which is designed, used, or intended to be used for swimming or bathing purposes.

T Definitions
“Temporary uses/activities” means any activity of limited duration that is permitted through the issuance of a Temporary Use Permit (See “Temporary Use Permits”).

Tennis Court, Private. See “Recreation facilities, private.” “Trade and vocational schools” means public or private post-secondary schools (other than a community college or 4-year college) providing occupational or job skills training for specific occupations, including business and computer schools, management training, and technical training schools. Excludes personal instructional services such as music lessons and tutoring. “Trailer, utility” means a trailer used solely for the transportation of personal property.

Transitional Housing. See “Supportive and/or transitional housing.” Truck Terminal. See “Freight and truck terminals.”
Item Number: 9.

“Tutoring and educational centers” means a business where supplemental educational instruction in specific subjects and skills is provided to school-age children.

U Definitions
Urgent Care. See “Hospitals and clinic/urgent care.”
“Utility facilities” means a structure or improvement built or installed above ground for the purpose of providing utility services, communications services, and materials transfer to more than one lot. Includes generating plants; electric substations; solid waste collection, including transfer stations and materials recovery facilities; solid waste treatment and disposal; water or wastewater treatment plants; and similar facilities of public agencies or public utilities, including corporation and maintenance yards. “Staffed” means utility facilities that include office and/or working space for employees, and/or that require employees to be located on site for general operation of the facility. “Unstaffed” means utility facilities that do not include office and/or working space for employees, and where on-site staff are required intermittently only for maintenance and/or infrequent monitoring.
“Solar Farm” means a large-scale utility with capabilities of generating and distributing solar energy to multiple points of connections and users.
“Wind machines and wind farms” means a large-scale utility with capabilities of generating and distributing wind energy to multiple points of connections and users.

V Definitions
Vacation Rentals. See “Lodging – Hotel and motel.”
Vehicle and Freight Terminals. See “Freight and truck terminals.” “Vehicle charging facilities” means a location that supplies electricity for the recharging of electric vehicles (including plug-in hybrids).
“Vehicle repair and services” means the service and repair of motor vehicles in an enclosed building, including the repair or replacement of engines and transmissions, body and fender repair, and the installation of nonfactory-installed products.
“Service/fueling station” means an establishment engaged in the retail sale of vehicle fuels or the retail sale of these fuels in combination with activities, such as providing minor vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or ancillary retail and Item Number: 9.

grocery sales. Does not include body and fender work or “heavy” repair of trucks or other motor vehicles (see “Vehicle service, major”).
“Vehicle service, major” means major repair of automobiles, motorcycles, recreational vehicles, or trucks including light-duty trucks (i.e., gross vehicle weights of less than 10,000 pounds) and heavyduty trucks (i.e., gross vehicle weights of more than 10,000 pounds). Examples of uses include fullservice motor vehicle repair garages; body and fender shops; brake shops; machine shops, painting shops; towing services, and transmission shops. Does not include vehicle dismantling or salvage and tire retreading or recapping.
“Vehicle service, minor” means minor repair of automobiles, motorcycles, recreational vehicles, or light trucks, vans or similar size vehicles (i.e., vehicles that have gross vehicle weights less than 10,000 pounds) including installation of electronic equipment (e.g., alarms, audio equipment, etc.); servicing of cooling and air conditioning, electrical, fuel and exhaust systems; brake adjustments, relining and repairs; oil and air filter replacement; wheel alignment and balancing; tire sales, service, and installation shops; shock absorber replacement; chassis lubrication; smog checks; engine tuneups; and installation of window film, and similar accessory equipment. “Vehicle washing/detailing” means washing, waxing, detailing, or cleaning of automobiles or similar light vehicles, including self-serve washing facilities. “Vehicle sales and rental” means a retail establishment selling and/or renting automobiles, trucks and vans, motorcycles, and bicycles (bicycle sales are also included under “Retail sales - General”). May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. Does not include mobile home, recreational vehicle, or watercraft sales (see “Vehicles - Trucks, construction, and heavy equipment sales, service, and rental”); tire recapping establishments (see “Vehicle repair and services”); businesses dealing exclusively in used parts; or “Service/fueling stations,” which are separately defined.

Vehicle Services. See “Vehicles – Trucks, construction, and heavy equipment sales, service, and rental.” Vehicle Storage. See “Storage.”
“Vehicles – Trucks, construction, and heavy equipment sales, service, and rental” means sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other heavy equipment used for construction, moving, agricultural, or landscape gardening activities, as well as boats, mobile homes, and recreational vehicle/campers. Examples include cranes, earth moving equipment, tractors, combines, heavy trucks, etc. Includes large vehicle operation training facilities. Sales of new or used automobiles are excluded from this classification (see “Vehicle sales and rental”). “Vending machine” means an automated mechanical device which ejects consumer products, including, but not limited to, snack food items, non-alcoholic beverages, electronic devices, and movies, and that accepts cash, debit, and/or credit.

Item Number: 9.

W Definitions
“Warehouse, wholesaling, f u l f i l l m e n t , l o g i s t i c s , and distribution” means indoor storage and sale of goods to other firms for resale, storage of goods for transfer to retail outlets of the same firm, or storage and sale of materials and supplies used in production or operation, including janitorial and restaurant supplies. Wholesalers are primarily engaged in business-to-business sales but may sell to individual consumers through mail or internet orders. They normally operate from a warehouse or office having little or no display of merchandise and are not designed to solicit walk-in traffic. “Wireless communication facilities” means wireless telecommunication facilities consisting of commercial wireless communication systems, including, but not limited to, cellular, PCS, paging, broadband, data transfer, and any other type of technology that fosters wireless communication through the use of portable electronic devices. A facility includes all supporting structures and associated equipment. The following are definitions used in association with the regulation of wireless telecommunications facilities.
“Major facility” means a commercial wireless facility, either ground mounted or roof mounted, whether or not the facility employs stealth design or shielding. Exception: a roof-mounted facility that is screened on all four sides by a solid material that does not exceed the maximum height of the applicable zoning district shall be deemed a “Minor Facility.” “Minor facility” means a commercial wireless facility that is wall mounted, utility mounted, or roof mounted and the entire facility is either: (1) designed using a stealth approach to integrate the facility into the architectural design of the building on which it is located; (2) screened by solid material on four sides and does not exceed the maximum height of the applicable zoning district; or (3) colocated on an existing wireless communication facility tower. “Satellite dish antenna” means a device incorporating a reflective surface that is solid, open mesh, or bar-configured and is in the shape of a shallow dish, cone, horn, or cornucopia, that is used to transmit and/or receive radio, microwave or other electromagnetic waves between terrestrially and/or orbitally based use.

Woodworking Shop. See “Furniture and fixtures manufacturing, cabinet shops, and woodworking shops.”
X Definitions
Reserved
Y Definitions
Item Number: 9.

Reserved
Z Definitions
Reserved
(Ord. 756 5-17-22; Ord. 726 10-6-20; Ord. 722 9-15-20; Ord. 721 9-15-20; Ord. 712 6-2-20; Ord. 679 2- 19-19; Ord. 610 5-2-17; Ord. 524 § 4, 2010; prior code § 159.02.050)

17.04.060 Establishment of land use zoning districts.

A. Establishment of Zoning Districts. Desert Hot Springs shall be divided into land use zoning districts which consistently implement the General Plan. The following zoning districts are established:
• R-RDE (Residential R u r a l D i s t r i c t Estate) District (1/5ac) • R-L (Residential Low) District (56/ac)
• R-M (Residential Medium Density) District (208/ac)
• R-MH (Residential Mobile Home) District
• R-H (Residential High Density) District (1430/ac)
• R-VS (Residential Visitor Serving) District
• C-N (Commercial Neighborhood) District
• C-D (Commercial Downtown) District
• C-G (Commercial General) District
• C-HR (Commercial H i g h w a y Resort) District
• MU-N (Mixed-Use Neighborhood) District
• MU-C (Mixed-Use Corridor) District
• I-L (Industrial Light) District
• I-M (Industrial Medium) District
• I-E (Energy Production) District
• PF (Public/Institutional Facility) District
• FC (Flood Control) District
• PP (Public Park) District
• SP (Specific Plan Overlay) District
• CC (Civic Center Overlay) District
• HM (Hillside Management Overlay) District
• HP (Historic Preservation Overlay) District
• TBPSP (Two Bunch Palms Specific Plan Overlay) District • OS-C (Open Space - Conservation) District
• OS-R (Open Space - Recreational Park) District
Item Number: 9.

• OS-P (Open Space -Private) District
• PD (Planned Development) District
• VS (Visitor Serving) District
• V-S-CV (Visitor Serving CommercialVillage) District
• V-S-MC (Visitor Serving Mixed-UseCorridor) District
B. Adoption of Land Use Zoning District Map. The boundaries of the land use districts established by this section shall be shown upon the map designated as the “City of Desert Hot Springs Official Land Use Zoning District Map,” on file with the City Clerk and available at the Department. This map shall be consistent with the adopted General Plan Land Use Map. Amendments shall follow the process outlined in Chapter 17.100 (General Plan Amendments).

C. Interpreting Boundaries on Land Use and Zoning District Map.

The following shall apply in determining uncertain boundaries of a district as shown on the Official Land Use Zoning District Map:

1. Where a boundary follows a public street or alley, the centerline of the street shall be the boundary. Where a boundary follows a lot line, the lot line shall be the boundary.

2. Where a district boundary divides a lot or parcel, the location of the boundary, unless indicated by dimension, shall be determined by referencing the adopted General Plan Land Use District Map and legal description of the parcel.

3. Where any public right-of-way is officially vacated or abandoned, the land use district regulations applied to abutting property shall thereafter extend to the centerline of such vacated or abandoned right-of-way.

4. In case any uncertainty exists, the Director shall determine the location of the district boundary.

D. Prezoning. The City may prezone unincorporated property adjoining the City. This process shall comply with Chapter 17.100 (General Plan Amendments). The zoning shall become effective upon annexation. (Prior code § 159.02.060)

17.04.070 General requirements.

A. Application. All land or structures shall be used and constructed in accordance with the regulations and requirements of this Zoning Ordinance, including obtaining applicable permits prior to use initiation.

B. Conflicting Permits and Licenses to Be Voided. All permits or licenses shall be issued in conformance with the provisions of this Zoning Ordinance. Any permit or license subsequently issued and in conflict with this Zoning Ordinance shall be null and void.

C. Similar Uses Permitted.

Item Number: 9.

1. When a use is not specifically listed in this Zoning Ordinance, it shall be understood that the use may be permitted if it is determined by the Director that the use is similar to other uses listed.

2. It is further recognized that every conceivable use cannot be identified in this Zoning Ordinance, and anticipating that new uses will evolve over time, this section establishes the Director’s authority to compare a proposed use and measure it against those listed in this Zoning Ordinance and the Standard Industrial Classification Manual for determining similarity.

3. In determining “similarity” the Director shall make all of the following findings:
a. The proposed use shall meet the intent of, and be consistent with the goals, objectives and policies of the General Plan;
b. The proposed use shall meet the stated purpose and general intent of the district in which the use is proposed to be located:
c. The proposed use shall not adversely impact the public health, safety and general welfare of the City’s residents; and
d. The proposed use shall share characteristics common with, and not be of greater intensity, density or generate more environmental impact, than those uses listed in the land use district in which it is to be located.

D. Minimum Requirements. When interpreting and applying the regulation of this Zoning Ordinance, the provisions shall be the minimum requirements, unless otherwise stated.

E. Conflict with Other Regulations.

1. Where conflicts occur between the provisions of this Zoning Ordinance and the Building and Fire Codes, or other regulations of the City, the more restrictive shall apply.

2. It is not intended that this Zoning Ordinance shall interfere with, repeal, abrogate or annul any easement, covenant, or other agreement in effect at the time of adoption. Where this Zoning Ordinance imposes a greater restriction upon the use of structures or land, the provisions of this Zoning Ordinance shall apply.

3. Nothing contained in this Zoning Ordinance shall be deemed to repeal or amend any regulation of the City requiring a permit or license or both. Nor shall anything in this Zoning Ordinance be deemed to repeal or amend the Building Code of the City.

F. Language. In interpreting this Zoning Ordinance, it is understood that the term “shall” is mandatory, “should” is not mandatory, and “may” is permissive.

G. Implementation. All applications which have been accepted as complete, pursuant to Government Code Section 65943, by the Department prior to the effective date of this Zoning Ordinance, shall be processed in compliance with the regulations and requirements in effect at the time the application was accepted as complete. Applications for extensions of time shall be consistent with the Zoning Ordinance. (Prior code § 159.02.070)

17.04.080 Density and intensity.

Item Number: 9.

The density and intensity limitations established in the Land Use Element of the General Plan shall apply to each lot, except as provided in this Zoning Ordinance. (Prior code § 159.02.080) Item Number: 9.

SR-24-074
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 2, 2024
Department: Administrative Services
Prepared by: Tiffany Verduzco, Finance Manager
Subject: Delegation of Investment Authority to the City Treasurer 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 2024-2025.

DISCUSSION:

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

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

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

The City Council will be required to annually review and consider whether to renew the delegation of investment authority to the Treasurer, as required by California Government Code Section 53607. In Item Number: 10.

SR-24-074
addition, the Treasurer will be required to make a monthly report of all investment-related transactions to the City Council, as required by California Government Code Section 53607.

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

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

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

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

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

Finally, the Treasurer may:
(a) Invest only in notes, bonds, bills, certificates of indebtedness, warrants, or registered warrants which are legal investments for savings banks in the state as set forth in California Government Code Section 53602;
(b) Invest by direct purchase of any issue of eligible securities at their original sale or after they have been issued as set forth in California Government Code Section 53602; (c) Sell, or exchange for other eligible securities, and reinvest the proceeds of, the securities purchased, as set forth in California Government Code Section 53604; (d) Sell securities so that the proceeds may be applied to the purposes for which the original purchase money was placed in a sinking fund or the City’s treasury as set forth in California Government Code Section 53605;
Item Number: 10.

SR-24-074
(e) Cancel purchased bonds either in satisfaction or sinking fund obligations or otherwise, subject to the provisions set forth in California Government Code Section 53606; and (f) Deposit for safekeeping with a federal or state association, a trust company or a state or national bank located within the state or with the Federal Reserve Bank of San Francisco or any branch thereof within the state, or with any Federal Reserve bank or with any state or national bank located in any city designated as a reserve city by the Board of Governors of the Federal Reserve System, the bonds, notes, bills, debentures, obligations, certificates of indebtedness, warrants, or other evidences of indebtedness in which the money of the City is invested pursuant to the provisions of California Government Code Section 53608.

FISCAL IMPACT:

None.

ATTACHMENTS:
1) Investment Policy Adopted 2024
2) Investment Policy Resolution FY 2024-2025
Item Number: 10.

City of Desert Hot Springs Investment Policy
Adopted April 2, 2024

CITY OF DESERT HOT SPRINGS

INVESTMENT POLICY
Adopted April 2, 2024
(Subject to Annual Review)
Section 1. Purpose (Gov. Code § 53600 et seq.)
The purpose of this Investment Policy (“Policy”) is to provide guidelines for the deposit and investment of public monies on behalf of the City of Desert Hot Springs (“City”) that are intended to protect the solvency and creditworthiness of the City consistent with the terms and provisions of California Government Code Section 53600 et seq., and any amendments thereto.

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

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

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

Item Number: 10.

City of Desert Hot Springs Investment Policy
Adopted April 2, 2024
Section 5. Annual Renewal (Gov. Code § 53607)
The City Council shall review and consider annually whether to renew the delegation of investment authority to the Treasurer, as required by California Government Code Section 53607.

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

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

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

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

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

Item Number: 10.

City of Desert Hot Springs Investment Policy
Adopted April 2, 2024
Section 13. Deferred Compensation Investments (Gov. Code § 53609) Funds held by the City pursuant to a written agreement between the City and City employees to defer a portion of the compensation otherwise receivable by the City’s employees and pursuant to a plan for such deferral as adopted by the City Council may be invested in the types of investments set forth in Government Code Sections 53601 and 53602 and in corporate stocks, bonds, and securities, mutual funds, savings and loan accounts, credit union accounts, life insurance policies, annuities, mortgages, deeds of trust, or other security interests in real or personal property, as set forth in California Government Code Section 53609.

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

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

Item Number: 10.

RESOLUTION NO. 2024-_____

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

SPRINGS APPROVING DELEGATION OF INVESTMENT AUTHORITY AND

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

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

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

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

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

Item Number: 10.

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

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

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

PASSED, APPROVED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on this 2nd day of April 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
[SIGNATURES FOLLOW ON THE NEXT PAGE]
Item Number: 10.

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

APPROVED AS TO FORM:
____________________________
Tuan-Anh Vu, City Attorney
Item Number: 10.

EXHIBIT “A”

INVESTMENT POLICY

SEE ATTACHED
Item Number: 10.