Agenda — Desert Hot Springs City Council, April 2, 2024 (part 1 of 2)

Watch the
Meeting Live:
 YouTube
 City Website
City of Desert Hot Springs
AGENDA

REGULAR MEETING OF THE CITY COUNCIL
and the City Council Serving as the Successor Agency to the Former Redevelopment Agency Board
Tuesday, April 2, 2024
5:30 PM - Closed Session
6:00 PM - Regular Session
Council Chambers/City Hall
11-999 Palm Drive
Desert Hot Springs, California, 92240

Page
CLOSED SESSION - 5:30 P.M.

CALL TO ORDER

ROLL CALL

PUBLIC COMMENTS
At this time, item(s) on the Closed Session agenda may be discussed during Public Comments. PLEASE STATE YOUR NAME FOR THE RECORD.

CLOSED SESSION:

1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code §54967.6
Agency Designated Representatives: City Manager, Frank Luckino City Attorney, Tuan-Anh Vu
Employee Organization: Desert Hot Springs Police
Officers' Association (DHSPOA)
RECESS
REGULAR SESSION - 6:00 P.M.

CALL TO ORDER

ROLL CALL

INVOCATION

PLEDGE OF ALLEGIANCE

CITY ATTORNEY REPORT ON CLOSED SESSION

Page 1 of 196 ends

APPROVAL OF AGENDA
At this time the City Council may amend the order of the agenda, approve the Consent Calendar, remove items from the Consent Calendar for separate discussion and action, and add Urgency Items.

Urgency Items ("Added Starters"): The Brown Act, which governs public meetings, permits the City Council to take action on any item that does not appear on the agenda only if 2/3 of the City Council (if all are present) or all members of the City Council (if fewer than all members are present) determine there is a need to take immediate action on the item, and the need to take immediate action came to the City Council's attention after the agenda was posted.

PUBLIC COMMENTS
At this time, pursuant to the Brown Act, any person may comment on matters of general interest within the subject matter jurisdiction of the City Council, NOT listed on the agenda. Under the Brown Act, the City Council should not take action on or discuss matters raised during Public Comment portion of the agenda that are not listed on the agenda.

Comments are limited to the first ten (10) speakers at three (3) minutes per speaker. Speakers may not yield their time to others without consent of the Mayor. All comments are to be directed to the City Council and shall be devoid of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during public comments.

Please complete and submit a "speaker card" to the City Clerk. You will be asked to STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD.

CITY MANAGER REPORT

MAYOR AND COUNCIL MEMBER REPORTS
PUBLIC HEARINGS:

2. Ordinance Amending Chapter of Title 17, Zoning Ordinance:
“Chapter 17.14 (Mixed-Use Districts)"
Travis Clark, Community Development Director
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony for those in favor;
5) Take public testimony for those opposed;
6) Take public testimony for those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Introduce for First Reading and read by title only: "An Ordinance amending Chapter 17.14 (Mixed-Use Districts)" of Title 17, Zoning Code.

Staff Report - SR-24-073 - Pdf
7 - 59

Page 2 of 196 ends

3. A Resolution Adopting New User Fees Related to Annual Cannabis Regulatory Permit Renewal
Christina Newsom, Compliance Director
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony for those in favor;
5) Take public testimony for those opposed;
6) Take public testimony for those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, adopting the new user fees related to annual cannabis regulatory permit renewal and the nexus study prepared.

Staff Report - SR-24-052 - Pdf
61 - 67

4. A Resolution Amending Cannabis Regulatory Permit Fees Christina Newsom, Compliance Director
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony for those in favor;
5) Take public testimony for those opposed;
6) Take public testimony for those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, adopting amended fees related to Cannabis Regulatory Permits and the Nexus Study prepared therefor.

Staff Report - SR-24-060 - Pdf
69 - 74
ADMINISTRATIVE CALENDAR:

5. An Ordinance Amending Title 3 "Revenue and Finance" of the Desert Hot Springs Municipal Code Concerning Cannabis Facilities Christina Newsom, Compliance Director
Recommendation:

Introduce for First Reading, read by title only: " An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Title 3 "Revenue and Finance" of the Desert Hot Springs Municipal Code Concerning Cannabis Facilities."
Staff Report - SR-24-075 - Pdf
75 - 86

Page 3 of 196 ends

6. Public Safety Campus Project Options
Daniel Porras, Assistant City Manager
Recommendation:
1) Reject all bid proposals for the Public Safety Campus 2) Authorize Staff to develop and finalize a phasing plan for the Public Safety Campus, in which Phase 1 of the Public Safety Campus includes the construction of the Police Department Annex Building only but still maintains operational functionality of the entire site. 3) Authorize Staff to proceed with re-design of plans and specifications accordingly, and re-advertise Request For Proposal for Construction of Police Annex Project.

Staff Report - SR-24-078 - Pdf
87 - 92
CONSENT CALENDAR:

Matters on the "Consent Calendar" are considered routine and may be acted upon by one motion under "Approval of the Agenda." Individual items may also be removed by the City Council for separate discussion under "Approval of the Agenda." The title is deemed to be read and further reading waived on any ordinance listed on the Consent Calendar for second reading and adoption.

7. City Council Regular Meeting Minutes: March 19, 2024 Jerryl Soriano, City Clerk
Recommendation: Approve the Minutes as presented; or as corrected.

Staff Report - SR-24-076 - Pdf
93 - 99

8. Community Development Block Grant (CDBG) Program -HEP reallocation and Furbee Pool project funds advancement request Noe Arechiga, Grants Manager
Recommendation:
1) Authorize the reallocation of CDBG funds from Mission Springs Park to the Home Enhancement Program; and
2) Adopt a Resolution of the City Council authorizing participation in and authorizing the City Manager to approve all agreements and necessary documents associated with the Community Development Block Grant (CDBG) Advancement request.

Staff Report - SR-24-077 - Pdf
101 - 105

9. Second Reading and Adoption of An Ordinance Amending Chapter of Title 17, Zoning Ordinance: “Chapter 17.04 (General Provisions)" Jerryl Soriano, City Clerk
Recommendation:

Approve Second Reading, read by title only and adopt: "An Ordinance amending "Chapter “Chapter 17.04 (General Provisions).” Staff Report - SR-24-066 - Pdf
107 - 185

Page 4 of 196 ends

10. Delegation of Investment Authority to the City Treasurer Geoffrey Buchheim, Administrative Services Director
Recommendation:

Adopt a Resolution of the City Council approving delegation of investment authority and other related duties to the City Treasurer, as authorized by the City’s Investment Policy, and approve and adopt the attached Investment Policy for Fiscal Year 2024-2025.

Staff Report - SR-24-074 - Pdf
187 - 196

PUBLIC COMMENTS
Opportunity is given to those members of the public who have NOT addressed the City Council on an item which is NOT on the agenda. Comments are limited to three (3) minutes per speaker. PLEASE STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD.

ADJOURN

UPCOMING MEETING DATES
*Please refer to the City website calendar at www.cityofdhs.org for meeting locations and the most up to date information.

April 9 Planning Commission 6:00 p.m.

April 11 Public Safety Commission 6:00 p.m.

April 16 City Council Regular Meeting 6:00 p.m.
________________________________________________________________________________________

NOTICES
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the Office of the City Clerk at City Hall during normal business hours at 11999 Palm Drive, Desert Hot Springs, CA 92240.

If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 11999 Palm Drive, Desert Hot Springs, CA 92240.

Americans with Disabilities Act
In an effort to comply with the requirements of Title 2 of the Americans with Disabilities Act of 1990, the City of Desert Hot Springs requires that any person in need of any type of special equipment, assistance, or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting to enable the City to make reasonable arrangements.

Page 5 of 196 ends

Page 6 of 196 ends

SR-24-073
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 2, 2024
Department: Community Development
Prepared by: Travis Clark, Community Development Director Subject: Ordinance Amending Chapter of Title 17, Zoning Ordinance: “Chapter 17.14 (Mixed-Use Districts)"
RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony for those in favor;
5) Take public testimony for those opposed;
6) Take public testimony for those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Introduce for First Reading and read by title only: "An Ordinance amending Chapter 17.14 (MixedUse Districts)".of Title 17, Zoning Code.

BACKGROUND:

The City received funding from the State to assist with modifications to Title 17, Zoning Ordinance.

Specifically, the State is requiring the City to remove barriers to create additional housing opportunities, including affordable housing. Housing developments are now uses allowed by right versus discretionary in the appropriate zones. These projects need to be reviewed in conformance with objective standards and requirements only. The City is required to streamline the approval of new housing projects. Any updates to the code required by the Housing Element Update need to be made in this effort. For these reasons, the City is undertaking an effort to update and amend Title 17, Zoning Ordinance of the Desert Hot Springs Municipal Code.

In doing so, an effort is also being made to clean up other parts of the code including:
 Clarifying language in the chapters that is ambiguous or contradictory  Simplifying language throughout the Zoning Ordinance
 Performing an internal consistency check across all chapters of the Zoning Ordinance  Performing a consistency check with the General Plan
The Mixed-Use zoning districts were introduced with the 2020 General Plan update. The purpose of the zoning districts is to provide suitable locations for a wide variety of interrelated and compatible Item Number: 2.

Page 7 of 196 ends

SR-24-073
commercial, office, residential, civic, and entertainment uses. The Mixed-Use Corridor (MU-C) zone is located along south Palm Drive and contains many of the affordable housing sites. The Mixed-Use Neighborhood (MU-N) zone functions as a transition zone between higher intensity uses such as commercial and lower intensity residential.

DISCUSSION:

A summary of the changes are listed below:

Chapter 17.14, Mixed-Use Districts
 Removed the Visitor-Serving Mixed zoning district from this chapter and moved to a new Visitor-Serving Districts Chapter
 Moved up design guidelines below design standards
 Generally changed the Permitted Uses Table to be less restrictive  Made minor modifications to the specific standards sections  Added new uses such as Mobile Food Vending Vehicle Parks, Cannabis Lounge, Event Facility, and Food and Indoor Retail Concessions Mall to the permitted uses table as was done in the Commercial Districts chapter
 Removed the “Parking, Loading, and Circulation” section as these requirements are now in Chapter 17.48 Off-Street Parking
 Moved Live/Work standards to the more general chapter of Property Development Standards  Added Single-Family Dwellings as a permitted use in the Mixed-Use Neighborhood Zoning District
The Planning Commission reviewed the amendments and made a change to the Permitted Uses Table 17.14.01 which would allow a Caretakers Quarters in both zones with an Administrative Use Permit (AUP).

FISCAL IMPACT:

None.

ENVIRONMENTAL ANALYSIS:

In accordance with the provisions of the California Environmental Quality Act (“CEQA”), this project is Categorically Exempt from environmental review pursuant to Section No. 15061(b)(3) of the California Environmental Quality Act because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment.

ATTACHMENTS:
1) Ordinance - Title 17.14 Mixed-Use Districts
2) Chapter 17.14 Mixed-Use Districts- Red Line
Item Number: 2.

Page 8 of 196 ends

SR-24-073
3) Chapter 17.14 Mixed-Use Districts- CURRENT
Item Number: 2.

Page 9 of 196 ends

1 ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT

HOT SPRINGS AMENDING THE FOLLOWING CHAPTER OF THE
DESERT HOT SPRINGS MUNICIPAL CODE: CHAPTER 17.14 (MIXEDUSE DISTRICTS) WHEREAS, pursuant to the authority granted the City of Desert Hot Springs (“City”) by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare and safety; and
WHEREAS, adoption and enforcement of comprehensive zoning regulations and other land use regulations lies within the City’s police power; and WHEREAS, the City is in the process drafting a comprehensive overhaul to Title 17, making substantive changes, as well as amending chapters for internal consistency; and
WHEREAS, this Ordinance is for the benefit of the public health, safety and welfare.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS DOES ORDAIN AS FOLLOWS:

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

Section 2. CHAPTER TO BE AMENDED
That the City Council hereby amends the following Chapter of the Desert Hot Springs Municipal Code as follows:
1) Chapter 17.14 “Mixed-Use Districts” shall be amended as per Exhibit A, which is incorporated herein
Section 3. ENVIRONMENTAL FINDINGS
The City Council finds that adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15061, subsection (b)(3), in that the proposed ordinance does not have the potential to significantly impact the environment.

Page 10 of 196 ends

2 court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

Section 5. AMENDING OF BAIL SCHEDULE
The City Attorney’s Office is hereby directed to determine whether this ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.

Section 6. EFFECTIVE DATE
This ordinance shall become effective 30 days after its second reading.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs, California, at a regular meeting held on the ____ day of _____, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Scott Matas, Mayor
ATTEST:
______________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
______________________________
Tuan-Anh Vu, City Attorney
Item Number: 2.

Page 11 of 196 ends

EXHIBIT A
Chapter 17.14 MIXED-USE DISTRICTS
Sections:

17.14.010 Purpose.

17.14.020 Permitted uses.

17.14.030 Land use district development standards.

17.14.040 Mixed-use development.

17.14.050 Residential development.

17.14.060 Commercial development.

17.14.010 Purpose.

A. The purpose of this chapter is to establish use regulations, development standards, and guidelines for mixed-use districts. Mixed-use districts are intended to provide suitable locations for a wide variety of interrelated and compatible commercial, office, residential, civic, and entertainment uses, often in a pedestrian-oriented environment. Uses will vary in composition and intensity based on location, accessibility, and surrounding development context. In addition, it is the intent of this chapter to establish use regulations and development standards and guidelines for the provision of adequate sites to enable development of new and emerging housing types in compliance with the City’s adopted housing element goals and policies.

B. For purposes of this Chapter, the word “should” shall mean highly encouraged.

C. For purposes of this Chapter, the word “shall” shall mean that the act is mandatory.

D. The specific purpose of each individual mixed-use district is as follows:

1. MU-N (Mixed-Use Neighborhood). The district is intended to provide local- and neighborhoodsupporting mixed-use activity centers with maximum residential densities of 15 dwelling units per acre and/or nonresidential intensity with a maximum floor area ratio (FAR) of 1.0. Commercial retail uses are the primary uses allowed on the ground floor. Professional office and residential uses are also allowed, either integrated with a commercial use or as separate, free-standing use.

Easy walkable access from residential neighborhoods and pedestrian orientation are key considerations in the location and site design of mixed-use developments in this zone.

Page 12 of 196 ends

allowed on the ground floor. Residential development is allowed, either as part of a mixed-use project or as a freestanding use and is encouraged to be developed at the highest allowable density.

Convenient public transportation access, innovative housing options, and pedestrian-oriented design are key considerations in the location and site design of mixed-use developments in this zone.

17.14.020 Permitted uses.

A. Table 17.14.01 lists the uses permitted in each of the mixed-use districts utilizing the following key:
“P” Use is permitted by right. (A Development Permit may be required for a new use or structure or expansion of an existing use.)
“A” Use is accessory to an established primary use.
“AUP” Use requires an Administrative Use Permit.
“CUP” Use requires a Conditional Use Permit.
“T” Use requires a Temporary Use Permit.
“—” Use is prohibited.

B. Land uses listed in Table 17.14.01 use definitions from the North American Industry Classification System (NAICS) unless otherwise defined specifically by this title. The individual land uses permitted in each of the mixed-use districts are grouped in Table 17.14.01 using broad land use categories.

TABLE 17.14.01
PERMITTED USES – MIXED-USE DISTRICTS
USE
Mixed Use Districts
MU-N MU-C Code Section

BUSINESS, FINANCIAL, AND PROFESSIONAL OFFICE
Automated Teller Machines
(ATMs) – Drive-up A A
Business Support Services P P
Check Cashing and/or
Payday Loans
— CUP
Financial Institutions and
Related Services (without
drive-through facilities)
P P
Financial Institutions and
Related Services (with drivethrough facilities)
-- P
Office, Business and
Professional (excluding
Medical and Dental Office)
P P
Item Number: 2.

Page 13 of 196 ends

EATING AND DRINKING ESTABLISHMENTS

USE MU-N MU-C
Bars, Lounges, Nightclubs,
and Tasting Rooms*
— CUP 17.12.190
Food Preparation/Catering
(no on-site sales or service) AUP P
Food Preparation/Catering
(with on-site sales or service)
AUP P
Restaurant – Full or Limited
Service, Serving Alcohol* AUP AUP 17.12.190
Restaurant – Full or Limited
Service, No Alcohol
Sales
P P
Restaurant with Drivethrough Facilities*CUP CUP 17.12.230 Snack Bar A A
Mobile food vending vehicle
parks*
-- AUP 17.12.360 Mobile
food vending parks
Mobile food vending vehicle
parks – Ancillary*
__ AUP 17.12.360 Mobile
food vending parks

INDUSTRY, MANUFACTURING AND PROCESSING, AND WAREHOUSING

USE MU-N MU-C
Brewery, Winery, or
Distillery
- CUP
Data Centers - -
Hazardous Waste Facilities - -
Food Processing - -
Furniture and fixtures
manufacturing, cabinet
shops, and woodworking
shops (wholesale sales only)
- -
Laboratory – Medical,
Analytical, Research, Testing
- -
Laundries and Dry-Cleaning
Plants
- -
Manufacturing – Heavy - -
Manufacturing – Light - -
Recycling
Small Collection Facility* - AUP 17.12.290
Large Collection Facility* - - 17.12.290
Light Processing* - - 17.12.290
Item Number: 2.

Page 14 of 196 ends

Heavy Processing* - - 17.12.290
Reverse Vending Machine A A
Research and Development - -
Storage – Outdoor - -
Warehouse, Wholesaling and
Distribution
- -

LODGING

USE MU-N MU-C
Hotel or Motel (without spa) — CUP
Spa Resort — CUP
Emergency Shelter/Low
Barrier Navigation Center
P P
Camping/Glamping -- --

MARIJUANA USES

USE MU-N MU-C
Marijuana/Cannabis Nonstorefront Retail*— —

17.180.045
Marijuana/Cannabis
Distribution*
— —

17.180.080
Marijuana/Cannabis
Cultivation*
— —

17.180.050
Marijuana/Cannabis Lounge — CUP
Marijuana/Cannabis Hotel
Facilities*
- CUP

17.180.085
Marijuana/Cannabis
Manufacturing*
— —

17.180.060
Marijuana/Cannabis
Storefront Retail*
— CUP 17.180.040
Marijuana/Cannabis Testing
Facilities*
— P 17.180.070

MEDICAL-RELATED AND CARE USES

USE MU-N MU-C
Ambulance Fleet — —
Clinic and Urgent Care — CUP
Day Care Center* CUP CUP 17.12.220
Therapy and Rehabilitation
Facilities

AUP AUP
Hospital — CUP
Office, Medical and Dental
Office
AUP P
Residential Care Facilities AUP AUP
Item Number: 2.

Page 15 of 196 ends

(Commercial Assisted
Living, Nursing Home)

PUBLIC AND ASSEMBLY USES

USE MU-N MU-C
Cultural Institutions AUP P
Event Facility, Event Center,
Event Venue
-- P
Public Assembly Facilities — CUP
Religious Assembly Facilities CUP CUP
Schools, Private CUP CUP
Trade and Vocational Schools CUP CUP
Tutoring and Education
Centers
P P

RECREATION AND ENTERTAINMENT

USE MU-N MU-C
Arcade/Electronic Game
Center

CUP AUP
Art Gallery P P
Commercial Recreation –
Indoors

CUP CUP
Commercial Recreation –
Outdoors
— CUP
Entertainment, Indoor
(motion picture theaters,
performance theatres, dance
halls and similar)

CUP AUP
Health/Fitness Facilities –
Small
AUP P
Health/Fitness Facilities –
Large

CUP CUP

RESIDENTIAL

USE MU-N MU-C
Accessory Dwelling Unit P —
Dwelling, Multifamily* P P 17.08.040
Dwelling, Single-Family* P — 17.08.040
Home Occupations A A
Hotel/Motel to Residential
Conversion
— CUP
Live/Work Unit P P
Single Room Occupancy
(SRO)*
— CUP 17.08.210
Item Number: 2.

Page 16 of 196 ends

Supportive Housing (Senior
Citizens/Congregate Care
Housing)
P P
Transitional Housing P P

RETAIL USES

USE MU-N MU-C
Alcohol Beverage Sales
For Off-Site Consumption* -- CUP 17.12.190
For On-Site or Off-Site
Consumption, in Conjunction
with an Allowed Use*
CUP CUP 17.12.190
Building Materials and
Services, Indoor
— P
Building Materials and
Services, Outdoor
— A
Convenience Store, No
Alcohol Sales*
AUP P 17.12.210
Convenience Store, with
Alcohol Sales

CUP CUP
Farmers’ Market TUP TUP
Grocery Store P P
Indoor Retail Concessions P P
Mini-mall (Strip-mall) -- P
Nurseries and Garden Centers AUP P
Outdoor Temporary and/or
Seasonal Sales

TUP TUP
Recreational Equipment
Rentals – Indoor Only
P P
Retail Sales – General P P
Retail Sales – Restricted
(firearm and ammunition
stores, pawn shops, and
jewelry/gold exchanges)
— CUP
Vehicle Sales and Rental* — — 17.12.200
Large Vehicle, Construction,
and Heavy Equipment Sales,
Service, and Rental
— —

SERVICE USES

USE MU-N MU-C
Animal Care, Services
Animal Boarding/Kennels, CUP P
Item Number: 2.

Page 17 of 196 ends

Grooming
Veterinary Services, Large
Animal
-- CUP
Veterinary Services, Small
Animal
AUP P
Funeral Parlors and Interment
Services
-- AUP
Instructional Services AUP P
Maintenance and Repair
Services – Indoor
P P
Moving Companies, Storage
Allowed
— —
Personal Services, General P P
Personal Services, Restricted
(massage establishments, day
spa with massage)

CUP CUP
Recording Studio — AUP
Social Service Facilities — P
Storage
Personal — —
Outdoor Recreational Vehicle
Storage
— —
Vehicle Repair and Services
Service/Fueling Station* — CUP 17.12.310
Vehicle Washing/Detailing — CUP
Vehicle Service, Minor — CUP

TRANSPORTATION, COMMUNICATION, AND INFRASTRUCTURE USES

USE MU-N MU-C
Car Sharing – Parking AUP AUP
Parking Facility – Temporary TUP TUP
Utility Facilities – Staffed — CUP
Utility Facility – Unstaffed CUP CUP
Vehicle Charging Stations –
Commercial
AUP P
Vehicle Storage — —
Wireless Communication
Facilities – Minor

AUP AUP
Wireless Communication
Facilities – Major

CUP CUP
Wireless Telecommunication
Item Number: 2.

Page 18 of 196 ends

Facilities,
Satellite Dish Antenna
P P

OTHER USES

USE MU-N MU-C
Caretaker Quarters AUP AUP
Donation Boxes – Outdoors — —
Drive-Through or Drive-Up
Facilities
— CUP
Vending Machine A A
(Ord. 728 1-19-21; Ord. 727 1-19-21; Ord. 712 6-2-20)

17.14.030 Land use district development standards.

A. General Standards. The following standards are minimum unless stated as maximum. The following standards shall apply to development in all mixed-use districts, except as otherwise provided for in this Zoning Ordinance.

1. All indoor uses shall be conducted within a completely enclosed structure. Limited outside uses (e.g. patio dining areas and nursery sales limited to plants and trees) shall be approved with a Development Permit from the Approval Authority.

2. There shall be no visible storage of motor vehicles (except display area for sale or rent of motor vehicles), trailers, airplanes, boats, recreational vehicles, or their composite parts; loose rubbish, garbage, junk, or their receptacles; tents; equipment; or building materials in any portion of a lot. No storage shall occur on any vacant parcel. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction.

3. Every parcel with a structure shall have a trash and recycling receptacle on the premises. The trash and recycling receptacle shall comply with adopted standards and be of sufficient size to accommodate the trash and recycling generated. The receptacle(s) shall be screened from public view on at least three (3) sides by a solid wall six (6) feet in height and on the fourth side by a solid gate not less than five (5) feet in height. The gate shall be maintained in working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures. Recycling facilities and programs shall be incorporated into refuse storage/disposal areas.

4. All roof-mounted air conditioning or heating equipment, vents or ducts shall not be visible from any abutting lot, or any public street or right-of-way. This shall be accomplished through the extension of the main structure or roof parapet or screened in a manner which is architecturally integrated with the main structure(s).

5. Elevations of all structures shall be architecturally treated to ensure compatibility with neighboring structures.

Item Number: 2.

Page 19 of 196 ends

B. Site Development Standards
TABLE 17.14.02

SITE DEVELOPMENT STANDARDS
USE
Mixed Use Districts
MU-N MU-C Code Section

GENERAL PLAN DENSITY/FAR
Maximum Density –
Residential
15 du/1 ac 30 du/1 ac
Minimum Density –
Residential
- 20.0 du/1 ac
Maximum Floor Area Ratio
(FAR)- Nonresidential

1.00 1.50

LOT DIMENSIONS, SIZE AND COVERAGE
Minimum Lot Size (net)
Single Family
Multifamily
—7,200 sf
10,000 sf
—
20,000 sf
Single-family
developments shall
follow the
standards of
Chapter 17.08.050
through 17.08.080
Minimum Lot Width 50 ft 100 ft
Minimum Lot Depth - -
Maximum Lot Coverage
(Stand-Alone Residential) 60% 70%

SETBACKS AND BUILDING SEPARATIONS
Minimum Front Yard Setback
(From Public Right-of-way)
10 ft 5 ft
1 Garage front yard
setback shall be a
minimum of 20 ft.

Minimum Side Yard Setback
Interior
Corner or Exterior
5 ft
10 ft
5 ft
10 ft
Minimum Rear Yard Setback
Standard Lot
Adjacent to Alley
15 ft
10 ft
15 ft
10 ft
Minimum Building
Item Number: 2.

Page 20 of 196 ends

Separation 10 ft 10 ft

DWELLING UNIT SIZE AND LAND AREA
Minimum Dwelling Unit Size
Studio
One Bedroom
Two Bedroom
Three or more Bedrooms
550 sf
700 sf
900 sf
1,000 sf
550 sf
700 sf
900 sf
1,000 sf

BUILDING HEIGHT AND STORIES
Maximum Number of Stories 3 4
Maximum Building/Structure
Height
45 ft 60 ft

OTHER DEVELOPMENT STANDARDS
Signs and Outdoor Displays Chapters 17.44 and 17.45
Off-Street Parking and OffStreet LoadingChapters 17.48 Landscaping Chapter 17.56
(Ord. 714 7-7-20; Ord. 712 6-2-20)

17.14.040 Mixed-use development.

A. General Requirements.

1. Mixed-use projects shall comply with the development criteria in this section in addition to the standards in Table 17.14.02.

2. If a proposed mixed-use development is located in an area covered by a specific plan, the development standards of the specific plan shall take precedence over the standards in this section unless otherwise stated to the contrary.

3. Lighting Standards. Lighting for nonresidential uses shall be designed, located, and shielded to ensure that it does not impact the residential uses.

B. Design Criteria.

The following design criterion are highly encouraged:

1. Development within a mixed-use district. All projects should be designed to:
a. Provide direct pedestrian linkages to adjacent public sidewalks and trails. b. Create enhanced pedestrian connections throughout the project between residential and nonresidential uses/structures and parking areas.
c. Provide enhanced pedestrian amenities throughout the project, including seating, pedestrian area lighting, special paving, public art, water features, common open space, Item Number: 2.

Page 21 of 196 ends

directories, and similar items to create a pleasant pedestrian experience. d. Incorporate architectural design elements and materials that relate to a pedestrian scale. e. Locate uses in proximity to one another without large intervening parking lots so that it is convenient for people to walk between the various uses and park their vehicles only once. f. Create a pedestrian scale and character of development along the street by providing significant wall articulation and varying roof heights, incorporating pedestrian-scale elements (e.g., doors, windows, lighting, landscaping), and locating storefronts and common open space areas (e.g., plaza, courtyard, outdoor dining) near the public sidewalk to contribute to an active street environment.
g. Provide a transition to adjacent lower-density residential uses by reducing building height and increasing building setbacks.

2. Consistent use of architectural details and materials. Architectural style and use of quality materials should be compatible and consistent throughout an entire mixed-use project. However, differences in architectural details and materials may occur to differentiate between the residential and nonresidential portions of the project. The overall project design and site layout should be one that promotes an active pedestrian environment and street frontage. This can be accomplished by incorporating the following features into the project:
a. Street level features. Variations in the front building plane should be incorporated through the use of varying building setbacks, variations in wall planes, and the inclusion of pedestrian amenities (e.g., plaza, courtyard, outdoor dining, landscaping). Long expanses of blank walls should be avoided.
b. Pedestrian-oriented features. At least 75 percent of the building frontage facing a public street, primary pedestrian way, or parking lot shall be devoted to pedestrian-oriented features (e.g., storefronts, pedestrian entrances to nonresidential uses; transparent display windows; landscaping).
c. Upper-level features. Upper floor balconies, bays, and windows shall be provided to provide architectural accent and functional balcony space. d. Entrances. When nonresidential and residential uses are located in a vertical mixed-use structure, separate pedestrian entrances shall be provided for each use. The entrances for nonresidential uses shall be designed to be visually distinct from the entrances for residential uses.
e. Neighborhood interface. The design of new in-fill development should be sensitive to the scale and design characteristics of established structures in abutting residential neighborhoods, with the objective of achieving a visually distinctive transition between the new development and existing neighborhood. Consideration shall be given to factors including, but not limited to, orientation of architectural features, building articulation, and exterior building treatments.
f. Lighting. Lighting should be incorporated along sidewalks or other pedestrian walkways, plazas, paseos, courtyards, and other common open areas to enhance the pedestrian environment and increase public safety.
g. Security. Projects shall be designed to minimize security risks to residents and to minimize the opportunities for vandalism and theft.

Item Number: 2.

Page 22 of 196 ends

C. Site Layout.

1. Location of nonresidential uses along street frontages. a. For vertical mixed-use projects, only nonresidential uses should be located on the ground floor along public/private street frontages. Supporting areas for residential uses (e.g. lobbies, common areas, or communal rooms) may be located on the ground floor. Residential uses may be located above the ground floor and in areas that do not have frontage on a street.

Up to 20 percent of the ground floor frontage may be occupied by lobby entrances to multiple residential units and pedestrian amenities (e.g., plaza, paseo, or courtyard). b. For horizontal mixed-use projects, the residential portion of the project may have frontage on a public/private street.
c. On corner parcels, the nonresidential space should wrap around the corner for a distance of at least 30 feet along secondary/side streets.

2. Primary building entrances shall be oriented to the major street on which the structure has frontage, street corner, courtyard, plaza, park, or other structures on the site.

3. Site planning should integrate the street pedestrian environment with the nonresidential uses through the provision of pedestrian-oriented features (e.g., courtyard, plaza, paseo, street furniture, enhanced walkways, lighting, and landscaping).

D. Open Space Standards. Common and private open spaces shall be provided for projects with five units or more as follows:

1. In the MU-N district, a freestanding multi -family residential project within a horizontal mixed-use development shall provide common and private open space in compliance with standards for the R- M district. In the MU-C, district, the open space standards for the R-H district shall apply.

2. Residential units that are part of a vertical mixed-use project (i.e., located above the ground floor and above nonresidential uses) shall provide open space as required below:
a. Up to 25 percent of the total open space requirement may be met by counting any private open space areas (patios and balconies) provided within the project. b. The minimum area of any private open space may be in the form of patios or balconies accessible only to the abutting unit.
c. The minimum dimension (length and width) of eligible common open space areas shall be 20 feet. These may be located at grade or above grade and may include terraces, courtyards, rooftop gardens, or other similar areas.
d. Common open space areas shall include amenities for residents. e. Sharing of common open space between residential and nonresidential uses may be allowed when it is clear that the open space will provide direct benefit to residents of the project and the public in general subject to the following limitations:
i. Up to 30 percent of the required open space for residential uses in a horizontal mixeduse project may be provided as quasi-public open space within the nonresidential component of the project.
ii. Up to 50 percent of the required open space for residential uses in a vertical mixed- use Item Number: 2.

Page 23 of 196 ends

project may be provided as quasi-public open space within the nonresidential component of the project.
iii. The minimum dimension (length and width) of shared common open space areas shall be 20 feet. These areas shall be located at grade and shall be accessible for use by the general public.
iv. Quasi-public open space areas shall not include outdoor dining areas or other outdoor activity areas for exclusive use by an individual business. v. Quasi-public open space areas are areas located on private property and accessible to the general public. These areas shall include pedestrian oriented amenities, including enhanced seating, lighting, paving, landscaping, public art, water features, and other similar features.

E. Operational Standards.

1. Outdoor nonresidential uses in a mixed-use project that includes residential uses shall be prohibited from operating between the hours of 10:00 p.m. and 6:00 a.m. Approval of a conditional use permit may modify these hours.

2. Loading and unloading activities, including refuse collection, shall not take place after 10:00 p.m. or before 7:00 a.m. on any day of the week.

3. Residents, whether owners or tenants, of a mixed-use development project shall be notified in writing before taking up residence that they will be living in an urban environment and that the noise levels may be higher than a typical residential area.

4. The location and design of recycling and refuse storage facilities shall mitigate nuisances from noise and odors when residential uses might be impacted.

5. Residential dwelling unit interiors and private open space areas shall be designed to be sound attenuated against present and future project noise. New vertical mixed-use projects shall provide an acoustical analysis report, by an acoustical engineer, describing the acoustical design features of the structure required to satisfy the exterior and interior noise standards.

17.14.050 Residential development.

A. Design Criteria. The overall design of the project shall be one that promotes a pedestrian-friendly environment and that is oriented towards adjacent streets while still maintaining adequate security for residents.

B. Open Space Design Criteria. Common and private open spaces provided for projects with five or more units shall incorporate the following in the design:

1. For multi-family projects, up to 25 percent of the total open space requirement of 17.14.040 D may be met by counting any private exterior open space areas (patios and balconies) provided within the project.

2. The private exterior open space shall be provided in the form of patios or balconies accessible Item Number: 2.

Page 24 of 196 ends

only to the abutting unit.

3. The minimum dimension (length and width) of common open space areas shall be 20 feet. Common open space areas may be located at grade or above grade and may include terraces, courtyards, rooftop gardens, or other similar areas. General open areas that provide access to buildings (e.g., walkways), and required setback areas shall not count towards the common open space requirement unless they meet the minimum dimension and contain amenities.

4. Common open space areas shall include amenities for residents.

C. Security. Projects shall be designed to minimize security risks to residents and to minimize the opportunities for vandalism and theft. This may be accomplished by:

1. Maximizing visibility to common open space areas, internal walkways, and public sidewalks. Use opportunities for natural surveillance to increase visibility.

2. Using walkways, low fences, lighting, signage, and landscaping to clearly guide people and vehicles to and from the proper entrances.

3. Eliminating areas of concealment, hiding places, and dead spaces.

4. Using lighting to improve the visibility of common areas while enhancing the pedestrian environment. Lighting should not be overly bright and should provide a uniform level of light over the subject area to eliminate dark spaces. (Ord. 712 6-2-20)

17.14.060 Commercial development.

A. General Requirements. In addition to the development standards outlined within this chapter, standalone commercial development shall comply with design criteria outlined in this section.

B. Design Criteria. The overall design of a stand-alone commercial development should:

1. Provide direct pedestrian linkages to adjacent public sidewalks.

2. Provide enhanced pedestrian amenities throughout the project, including seating, pedestrian area lighting, special paving, public art, water features, common open space, directories, and similar items to create a pleasant pedestrian experience.

3. Incorporate architectural design elements and materials that relate to a pedestrian scale.

4. Locate uses in proximity to one another without large intervening parking lots so that it is convenient for people to walk between the various uses and their vehicles parking only once.

Parking lots shall be located to the rear of buildings.

5. Create a pedestrian scale and character of development along the street by providing significant wall articulation and varying roof heights, incorporating pedestrian scale elements (e.g., doors, windows, lighting, landscaping), and locating storefronts and common open space areas (e.g., plaza, courtyard, outdoor dining) near the public sidewalk to contribute to an active street environment.

6. Incorporate variations in the front street level building plane through the use of building setbacks, variations in wall planes, and the inclusion of pedestrian amenities (e.g., plaza, courtyard, outdoor dining, landscaping). Long expanses of blank walls shall be prohibited.

Item Number: 2.

Page 25 of 196 ends

7. The design of new in-fill development should be sensitive to the scale and design characteristics of established structures in abutting residential neighborhoods, with the objective of achieving visually distinctive transition between the new development and existing neighborhood.

Consideration should be given to factors including, but not limited to, orientation of architectural features, building articulation, and exterior building treatments.

8. Lighting shall be incorporated along sidewalks or other pedestrian walkways, plazas, paseos, courtyards, and other common open areas to enhance the pedestrian environment and increase public safety.

9. Projects shall be designed to minimize security risks to residents and to minimize the opportunities for vandalism and theft by maximizing visibility to common open space areas and internal walkways and minimizing areas of concealment and dead spaces.

10. In the case of either a new single or new multiple building development, a minimum of 50 percent of the primary public street frontage should be occupied by building frontages that incorporate any of the following: storefront entrances, display windows that provide views into the interior commercial space, plazas, courtyards, outdoor dining areas, or similar features. In the case of a secondary public street frontage, a minimum of 30 percent of the street frontage shall be occupied by building frontages that provide the same amenities as described above. (Ord. 712 6-2-20) Item Number: 2.

Page 26 of 196 ends

Chapter 17.14 MIXED-USE DISTRICTS
Sections:

17.14.010 Purpose.

17.14.020 Permitted uses.

17.14.030 Land use district development standards.Development standards.

17.14.040 Mixed-use development.

17.14.050 Residential development.

17.14.060 Commercial development.

17.14.070 Live/work development.

17.14.010 Purpose.

A. The purpose of this chapter is to establish use regulations, and development standards, a n d g u i d e l i n e s for mixed- use districts. Mixed-use districts are intended to provide suitable locations for a wide variety of interrelated and compatible commercial, office, residential, civic, and entertainment uses, often in a pedestrian-oriented environment. Uses will vary in composition and intensity based on location, accessibility, and surrounding development context. In addition, it is the intent of this chapter to establish use regulations and development standards a n d g u i d e l i n e s for the provision of adequate sites to enable for the development of new and emerging housing types in compliance with the City’s adopted housing element goals and policies.

A. For purposes of this Chapter, the word “should” shall mean highly encouraged.

C. For purposes of this Chapter, the word “shall” shall mean that the act is mandatory.

B.D. The specific purpose of each individual mixed-use district is as follows:

Commercial retail uses are the primary uses allowed on the ground floor. Professional office and residential uses are also allowed, either integrated with a commercial use or as separate, freestanding use. Easy walkable access from residential neighborhoods and pedestrian orientation are key considerations in the location and site design of mixed-use developments in this zone.

1. 2. MU-C (Mixed-Use Corridor). The district is intended to provide higher-intensity, commercially oriented activity with maximum residential densities of 30 dwelling units per acre and/or maximum nonresidential intensities of 1.50 FAR. This district provides for integrated commercial retail, professional office, residential, and civic uses. Commercial retail uses are the preferred uses allowed on the ground floor. Residential development is allowed, either as part of a mixed-use project or as a freestanding use and isare encouraged to be developed at the highest allowable density. Convenient public transportation access, innovative housing options, and Item Number: 2.

Page 27 of 196 ends

pedestrian-oriented design are key considerations in the location and site design of mixed-use developments in this zone.

17.14.020 Permitted uses.

A. Table 17.14.01 lists the uses permitted in each of the mixed-use districts utilizing the following key:
“P” Use is permitted by right. (A Development Permit may be required for a new use or structure or expansion of an existing use.)
“A” Use is accessory to an established primary use.
“AUP” Use requires an Administrative Conditional Use Permit. “CUP” Use requires a Conditional Use Permit.
“T” Use requires a Temporary Use Permit.
“—” Use is prohibited.

TABLE 17.14.01
PERMITTED USES – MIXED-USE DISTRICTS

MIXED-USE DISTRICTS

USE MU-N MU-C VS-M CODE SECTION

BUSINESS, FINANCIAL, AND PROFESSIONAL OFFICE
Automated Teller Machines (ATMs) –
Drive-up A A —
Business Support Services P P —
Check Cashing and/or Payday Loans — CUP —
Financial Institutions and Related
Services (without drive-through
facilities)
P P —
Financial Institutions and Related
Services (with drive-through
facilities)
-- P
Office, Business and Professional
(excluding Medical and Dental
Office)
P P —

EATING AND DRINKING ESTABLISHMENTS

USE MU-N MU-C
Bars, Lounges, Nightclubs, and Tasting
Rooms*
— CUP — 17.12.19050
Item Number: 2.

Page 28 of 196 ends

Food Preparation/Catering
(no on-site sales or service) AUP P AUP
Food Preparation/Catering (with onsite sales or service) AUP P
Restaurant – Full or Limited Service,
Serving
Alcohol*
ACUP ACUP ACUP 17.12.19050
Restaurant – Full or Limited Service,
No Alcohol
Sales
P P P
Restaurant with Drive-through
Facilities*
CUP CUP CUP 17.12.23100
Snack Bar A A A
Mobile food vending vehicle parks* -- AUP 17.12.360 Mobile food vending parks
Mobile food vending vehicle parks -–
Ancillary*
__ AUP 17.12.360 Mobile
food vending parks

INDUSTRY, MANUFACTURING AND PROCESSING, AND WAREHOUSING

USE MU-N MU-C
Brewery, Winery, or Distillery - CUP
Data Centers - -
Hazardous Waste Facilities - -
Food Processing - -
Furniture and fixtures manufacturing,
cabinet shops, and woodworking shops
(wholesale sales only)
- -
Laboratory – Medical, Analytical,
Research, Testing
- -
Laundries and Dry-Cleaning Plants - -
Manufacturing – Heavy - -
Manufacturing – Light - -
Recycling
Small Collection Facility* - AUP 17.12.290
Large Collection Facility* - - 17.12.290
Light Processing* - - 17.12.290
Heavy Processing* - - 17.12.290
Reverse Vending Machine A A
Research and Development - -
Storage – Outdoor - -
Warehouse, Wholesaling and
Distribution
- -

LODGING

USE MU-N MU-C
Hotel or Motel (without spa) — CUP CUP
Spa Resort — CUP CUP
Item Number: 2.

Page 29 of 196 ends

Homeless Shelters – up to 20 beds — — —
Homeless Shelters – more than 20 beds — — —
Emergency Shelter/Low Barrier
Navigation Center
P P P
Camping/Glamping -- --

MARIJUANA USES

USE MU-N MU-C
Marijuana/Cannabis Non-storefront
Retail*
— — —

17.180.045
Marijuana/Cannabis Distribution* — — — 17.180.080
Marijuana/Cannabis Cultivation* — — — 17.180.050
Marijuana/Cannabis Lounge — CUP —
Marijuana/Cannabis Hotel Facilities* CUP- —CUP CUP 17.180.085 Marijuana/Cannabis Manufacturing* — — — 17.180.060
Marijuana/Cannabis Storefront Retail* — CUP — 17.180.04017.180.040 Marijuana/Cannabis Testing Facilities* — P — 17.180.07017.180.070

MEDICAL-RELATED AND CARE USES

USE MU-N MU-C
Ambulance Fleet — — —
Clinic and Urgent Care — CUP —
Day Care Center* CUP CUP CUP 17.12.220
Health Facilities, Therapy and
Rehabilitation Facilities
—AUP —AUP —
Hospital — CUP —
Office, Medical and Dental Office AUP P P
Residential Care Facilities
(Commercial Assisted Living,
Nursing Home)

AUP AUP CUP

PUBLIC AND ASSEMBLY USES

USE MU-N MU-C
Cultural Institutions AUP P P
Event Facility, Event Center, Event
Venue
-- P
Public Assembly Facilities — CUP —
Religious Assembly Facilities —CUP CUP —
Schools, Private CUP CUP CUP
Trade and Vocational Schools CUP CUP CUP
Tutoring and Education Centers P P P

RECREATION AND ENTERTAINMENT

USE MU-N MU-C
Arcade (/Electronic Game Center) CUP AUP —
Art Gallery P P CUP
Commercial Recreation – Indoors CUP CUP —
Commercial Recreation – Outdoors — CUP —
Entertainment, Indoor (motion picture
theaters, performance theatres, dance
CUP AUP —
Item Number: 2.

Page 30 of 196 ends

halls and similar)
Health/Fitness Facilities
Health/Fitness Facilities – Small AUP P A
Health/Fitness Facilities – Large CUP CUP —

RESIDENTIAL

USE MU-N MU-C
Accessory Dwelling Unit —P — P
Dwelling, Multifamily* P P P 17.0812.0400140
Dwelling, Single-Family* —P — P 17.0812.04019
Home Occupations A A A
Hotel/Motel to Residential
Conversion
— —CUP CUP
Live/Work Unit P P —
Single Room Occupancy (SRO)* — CUP — 17.0812.210
Supportive Housing (Senior
Citizens/Congregate Care Housing)
P P P
Transitional Housing P P P

RETAIL USES

USE MU-N MU-C
Alcohol Beverage Sales
For Off-Site Consumption* CUP-- CUP — 17.12.050190
For On-Site or Off-Site Consumption,
in Conjunction with an Allowed Use* —CUP CUP CUP 17.12.050190 Building Materials and Services,
Indoor
— P —
Building Materials and Services,
Outdoor
— —A —
Convenience Store, No Alcohol Sales AUP P — 17.12.080210 Convenience Store, with Alcohol Sales CUP CUP
Farmers’ Market TUP TUP TUP
Grocery Store P P CUP
Indoor Retail Concessions --P P
Mini-mall (Strip-mall) -- P
Nurseries and Garden Centers —AUP P —
Outdoor Temporary and/or Seasonal
Sales

TUP TUP TUP
Recreational Equipment Rentals –
Indoor Only
P P P
Retail Sales – General P P P
Retail Sales – Restricted (firearm and
ammunition stores, pawn shops, and
jewelry/gold exchanges)
— CUP —
Item Number: 2.

Page 31 of 196 ends

Vehicle Sales and Rental* — — — 17.12.20060
Large Vehicle, Construction, and
Heavy Equipment Sales, Service, and
Rental
— — —

SERVICE USES

USE MU-N MU-C
Animal Care, Services
Animal Boarding/Kennels, Grooming PCUP P —
Veterinary Services, Large Animal CUP-- CUP —
Veterinary Services, Small Animal AUP AUPP —
Funeral Parlors and Internment Services -- AUP
Instructional Services AUP P —
Maintenance and Repair Services –
Indoor
P P —
Moving Companies, Storage Allowed — — —
Personal Services, General P P CUP
Personal Services, Restricted
(massage establishments, day spa
with massage)

CUP CUP CUP
Recording Studio — AUP —
Social Service Facilities — P —
Storage
Personal — — —
Outdoor Recreational Vehicle Storage — — —
Vehicle Repair and Services
Service/Fueling Station* — CUP — 17.12.170310
Vehicle Washing/Detailing — —CUP —
Vehicle Service, Minor — —CUP —
Vehicle Service, Major — — —

TRANSPORTATION, COMMUNICATION, AND INFRASTRUCTURE USES

USE MU-N MU-C
Car Sharing – Parking AUP AUP CUP
Parking Facility – Temporary TUP TUP TUP
Utility Facilities – Staffed — CUP —
Utility Facility – Unstaffed CUP CUP —
Vehicle Charging Stations –
Commercial

AUP P A
Item Number: 2.

Page 32 of 196 ends

Vehicle Storage — — —
Wireless Communication Facilities –
Minor

AUP AUP AUP
Wireless Communication Facilities –
Major
CUP CUP —
Wireless Telecommunication
Facilities,
Satellite Dish Antenna
P P P

OTHER USES

USE MU-N MU-C
Caretaker Quarters —AUP —AUP AUP
Donation Boxes – Outdoors — — —
Drive-Through or Drive-Up Facilities — CUP —
Vending Machine A A A
(Ord. 728 1-19-21; Ord. 727 1-19-21; Ord. 712 6-2-20)

17.14.030 Land use district Ddevelopment sstandards.

A. Table 17.14.02 establishes the development standards applicable to mixed-use districts.General Standards. The following standards are minimum unless stated as maximum. The following standards shall apply to development in all mixed-use districts, except as otherwise provided for in this Zoning Ordinance.

3. Every parcel with a structure shall have a trash and recycling receptacle on the premises.

The trash and recycling receptacle shall comply with adopted standards and be of sufficient size to accommodate the trash and recycling generated. The receptacle(s) shall be screened from public view on at least three (3) sides by a solid wall six (6) feet in height and on the fourth side by a solid gate not less than five (5) feet in height. The gate shall be maintained in working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures. Recycling facilities and programs shall be incorporated into refuse storage/disposal areas.

Item Number: 2.

Page 33 of 196 ends

5. Elevations of all structures shall be architecturally treated to ensure compatibility with or enhancing of neighboring structures.

A. An intensity bonus of up to 12 square feet for each one (1) square foot of permanent space for properly designed and administered day care facilities may be approved by the review authority.

B. Design criteria as outlined Sections 17.14.040 through 17.14.070 applicable to the respective development type within the mixed-use districts shall apply and are in addition to the standards of Table 17.14.02.Site Development Standards
TABLE 17.14.02
SITE DEVELOPMENT STANDARDS – MIXED-USE DISTRICTS

MIXED-USE DISTRICTS

USE MU-N MU-C VS-M CODE SECTION

GENERAL PLAN DENSITY/FAR
Maximum Density – Residential 15 du/1 ac 30 du/1 ac 15 du/1 ac Minimum Density – Residential - 20.0 du/1 ac -
Maximum Floor Area Ratio (FAR)-
Nonresidential

1.00 1.50 1.00

LOT DIMENSIONS, SIZE AND COVERAGE
Minimum Lot Size (net)
Single Family
Multifamily
—7,200 sf
10,000 sf
—
20,000 sf
7,200 sf
10,000 sf
Single-family
developments shall
follow the standards of
Chapter 17.08.050
through 17.08.080
Minimum Lot Width 5100 ft 100 ft 45 ft
Minimum Lot Depth - - 90 ft
Maximum Lot Coverage
(Stand-Alone Residential) 60% 70% 50%

SETBACKS AND BUILDING SEPARATIONS
Minimum Maximum Front Yard
Setback
10 ft 5 ft 15 ft1
1 Garage front yard
setback shall be a
minimum of 20 ft.

Item Number: 2.

Page 34 of 196 ends

(From Public Right-of-way)
Minimum Maximum Side Yard
Setback
Interior
Corner or Exterior
5 ft
10 ft
50 ft
10 ft
5 ft
10 ft
Minimum Rear Yard Setback
Standard Lot
Adjacent to Alley
15 ft
10 ft
15 ft
10 ft
15 ft
10 ft
Minimum Building Separation
Between Multiple Buildings on a
Single Lot – Residential to
Residential or Residential to
Nonresidential
Window to Window Walls
Window to Non-Window Walls
Non-Window to Non-Window
Walls
3010 ft
25 ft
15 ft
2510 ft
20 ft
10 ft
15 ft
10 ft
10 ft
Minimum Building Separation
Between Multiple
Nonresidential Buildings on a Single
Lot
- - -

DWELLING UNIT SIZE AND LAND AREA
Minimum Dwelling Unit Size
Studio
One Bedroom
Two Bedroom
Three or more Bedrooms
Per R-M
District550
sf
700 sf
900 sf
1,000 sf
Per R-H
District
550 sf
700 sf
900 sf
1,000 sf
Per R-M
District
Maximum Dwelling Unit Size

BUILDING HEIGHT AND STORIES
Maximum Number of Stories 3 4 2
Maximum Building/Structure Height 45 ft 60 ft 30 ft
Item Number: 2.

Page 35 of 196 ends

OTHER DEVELOPMENT STANDARDS
Signs and Outdoor Displays Chapters 17.44 and 17.45
Off-Street Parking and Off-Street
Loading
Chapters 17.48 and 17.52
Landscaping Chapter 17.56
(Ord. 714 7-7-20; Ord. 712 6-2-20)

17.14.040 Mixed-use development.

A. General Requirements.

1. Mixed-use projects shall comply with the development criteria in this section in addition to the standards in Table 17.14.02.

3. Lighting Standards. Lighting for nonresidential uses shall be designed, located, and shielded to ensure that it does not impact the residential uses.

2.4. B. Design Criteria.

The following design criterion are highly encouraged:

1. Development within a mixed-use district. All projects shouldall be designed to:
a. Provide direct pedestrian linkages to adjacent public sidewalks and trails. b. Create enhanced pedestrian connections throughout the project between residential and nonresidential uses/structures and parking areas.
c. Provide enhanced pedestrian amenities throughout the project, including seating, pedestrian area lighting, special paving, public art, water features, common open space, directories, and similar items to create a pleasant pedestrian experience. d. Incorporate architectural design elements and materials that relate to a pedestrian scale. e. Locate uses in proximity to one another without large intervening parking lots so that it is convenient for people to walk between the various uses and park their vehicles only once.
f. Create a pedestrian scale and character of development along the street by providing significant wall articulation and varying roof heights, incorporating pedestrian-scale elements (e.g., doors, windows, lighting, landscaping), and locating storefronts and common open space areas (e.g., plaza, courtyard, outdoor dining) near the public sidewalk to contribute to an active street environment. g. Provide a transition to adjacent lower-density residential uses by reducing building Item Number: 2.

Page 36 of 196 ends

height and increasing building setbacks.

2. Consistent use of architectural details and materials. Architectural style and use of quality materials shouldall be compatible and consistent throughout an entire mixed-use project.

However, differences in architectural details and materials may occur to differentiate between the residential and nonresidential portions of the project. The overall project design and site layout shouldall be one that promotes an active pedestrian environment and street frontage. This can be accomplished by incorporating the following features into the project:
a. Street level features. Variations in the front building plane shouldall be incorporated through the use of varying building setbacks, variations in wall planes, and the inclusion of pedestrian amenities (e.g., plaza, courtyard, outdoor dining, landscaping). Long expanses of blank walls should all be avoidedprohibited. b. Pedestrian-oriented features. At least 75 percent of the building frontage facing a public street, primary pedestrian way, or parking lot shall be devoted to pedestrian-oriented features (e.g., storefronts, pedestrian entrances to nonresidential uses; transparent display windows; landscaping).
c. Upper- level features. Upper floor balconies, bays, and windows shall be provided to provide architectural accent and functional balcony space. d. Entrances. When nonresidential and residential uses are located in a vertical mixed-use structure, separate pedestrian entrances shall be provided for each use. The entrances for nonresidential uses shall be designed to be visually distinct from the entrances for residential uses. Entrances to individual residential units in a vertical mixed-use project shall not be allowed along a street frontage. Instead, shared entrances to residential units located above the ground floor shall be from lobbies that serve multiple units. e. Neighborhood interface. The design of new in-fill development shouldall be sensitive to the scale and design characteristics of established structures in abutting residential neighborhoods, with the objective of achieving a visually distinctive transition between the new development and existing neighborhood. Consideration shall be given to factors including, but not limited to, orientation of architectural features, building articulation, and exterior building treatments.
f. Lighting. Lighting shouldall be incorporated along sidewalks or other pedestrian walkways, plazas, paseos, courtyards, and other common open areas to enhance the pedestrian environment and increase public safety.
g. Security. Projects shall be designed to minimize security risks to residents and to minimize the opportunities for vandalism and theft.

C. Site Layout.

1. Location of nonresidential uses along street frontages. a. For vertical mixed-use projects, only nonresidential uses shouldall be located on the ground floor along public/private street frontages. S u p p o r t i n g a r e a s f o r r e s i d e n t i a l u s e s ( e . g . l o b b i e s , c o m m o n a r e a s , o r c o m m u n a l r o o m s ) m a y b e l o c a t e d o n t h e g r o u n d f l o o r . Residential uses may be located above the ground floor and in areas that do not have frontage on a street. Up to 20 percent of Item Number: 2.

Page 37 of 196 ends

the ground floor frontage may be occupied by lobby entrances to multiple residential units and pedestrian amenities (e.g., plaza, paseo, or courtyard). b. For horizontal mixed-use projects, the residential portion of the project may have frontage on a public/private street.
c. On corner parcels, the nonresidential space shouldall wrap around the corner for a distance of at least 30 feet along secondary/side streets.

2. Primary building entrances shall be oriented to the major street on which the structure has frontage, street corner, courtyard, plaza, park, or other structures on the site., but not to interior blocks or parking lots/structures.

3. Site planning shouldall integrate the street pedestrian environment with the nonresidential uses through the provision of pedestrian-oriented features (e.g., courtyard, plaza, paseo, street furniture, enhanced walkways, lighting, and landscaping).

D. Lighting Standards. Lighting for nonresidential uses shall be designed, located, and shielded to ensure that it does not impact the residential uses.

E.D. Open Space Standards. Common and private open spaces shall be provided for projects with five units or more as follows:

1. In the MU-N district, a freestanding m u l t i - f a m i l y residential project within a horizontal mixed-use development shall provide common and private open space in compliance with standards for the R- M district. In the MU-C, district, the open space standards for the R-H district shall apply.

Page 38 of 196 ends

shall be 20 feet. These areas shall be located at grade and shall be accessible for use by the general public.
iv. Quasi-public open space areas shall not include outdoor dining areas or other outdoor activity areas for exclusive use by an individual business. v. Quasi-public open space areas are areas located on private property and accessible to the general public. These areas shall include pedestrian oriented amenities, including enhanced seating, lighting, paving, landscaping, public art, water features, and other similar features.

F.E. Operational Standards.

2. Loading and unloading activities, including refuse collection, shall not take place after 10:00 p.m. or before 7:00 a.m. on any day of the week.

4. The location and design of recycling and refuse storage facilities shall mitigate nuisances from noise and odors when residential uses might be impacted.

G. Parking, Loading, and Circulation.

1. The total number of parking spaces shall comply with the requirements of Chapter 17.48. A mixed-use project may be required to submit a parking study for review and approval by the City to allow a different requirement through a conditional use permit.

2. Parking facilities shall be separated for nonresidential uses and residential uses, except that guest parking for the residential use may be shared with nonresidential uses.

3. If enclosed parking, including parking garages and structures, is provided for residential and nonresidential portions of a mixed-use project, separate areas/levels shall be provided for each use and separate entrances shall be provided unless it can be demonstrated to the satisfaction of the Community Development Director that this requirement cannot be achieved.

4. Loading areas for nonresidential uses shall be located as far as possible from residential units and shall be completely screened from view from the residential portion of the project and public streets. Loading areas shall be compatible in architectural design and details with the overall project. The location and design of loading areas shall mitigate nuisances from noise when residential uses might be impacted.

5. Separate site access driveways shall be provided for nonresidential and residential uses unless it Item Number: 2.

Page 39 of 196 ends

can be demonstrated to the satisfaction of the Community Development Director that this requirement cannot be achieved. Site access driveways shall incorporate distinctive design elements, landscape features, and signs to help differentiate access to nonresidential parking areas from access to residential parking areas.

6. Vehicular circulation shall be designed to direct traffic away from adjacent residential streets outside the mixed-use districts to the greatest extent feasible.

H. Trash and Recycling Enclosures.

1. Trash and recycling enclosures for nonresidential uses shall be located as far as possible from residential units and shall be completely screened from view from the residential portion of the project and public streets.

2. Trash and recycling storage facilities shall be integrated into and be compatible with the architectural design and details with the overall project.

3. The location and design of trash and recycling enclosures shall mitigate nuisances from noise and odors. (Ord. 712 6-2-20)

17.14.050 Residential development.

B. Open Space Design Criteria. Common and private open spaces provided for projects with five or more units shall incorporate the following in the design:

1. For multi-family projects, uUp to 25 percent of the total open space requirement of 1 7 . 1 4 . 0 4 0 D may be met by counting any private exterior open space areas (patios and balconies) provided within the project.

2. The private exterior open space shall be provided in the form of patios or balconies accessible only to the abutting unit.

3. The minimum dimension (length and width) of common open space areas shall be 20 feet.

Common open space areas may be located at grade or above grade and may include terraces, courtyards, rooftop gardens, or other similar areas. General open areas that provide access to buildings (e.g., walkways), and required setback areas shall not count towards the common open space requirement unless they meet the minimum dimension and contain amenities.

4. Common open space areas shall include amenities for residents.

C. Security. Projects shall be designed to minimize security risks to residents and to minimize the opportunities for vandalism and theft. This may be accomplished by:

1. Maximizing visibility to common open space areas, internal walkways, and public sidewalks.

Use opportunities for natural surveillance to increase visibility.

Item Number: 2.

Page 40 of 196 ends

2. Using walkways, low fences, lighting, signage, and landscaping to clearly guide people and vehicles to and from the proper entrances.

3. Eliminating areas of concealment, hiding places, and dead spaces.

17.14.060 Commercial development.

A. General Requirements. In addition to the development standards outlined within this chapter, stand- alone commercial development shall comply with design criteria outlined in this section.

B. Design Criteria. The overall design of a stand-alone commercial development shouldall:

1. Provide direct pedestrian linkages to adjacent public sidewalks.

3. Incorporate architectural design elements and materials that relate to a pedestrian scale.

4. Locate uses in proximity to one another without large intervening parking lots so that it is convenient for people to walk between the various uses and their vehicles parking only once.

Parking lots shall be located to the rear of buildings.

7. The design of new in-fill development shouldall be sensitive to the scale and design characteristics of established structures in abutting residential neighborhoods, with the objective of achieving visually distinctive transition between the new development and existing neighborhood. Consideration shouldall be given to factors including, but not limited to, orientation of architectural features, building articulation, and exterior building treatments.

10. In the case of either a new single or new multiple building development, a minimum of 50 percent of the primary public street frontage shouldall be occupied by building frontages that Item Number: 2.

Page 41 of 196 ends

incorporate any of the following: storefront entrances, display windows that provide views into the interior commercial space, plazas, courtyards, outdoor dining areas, or similar features. In the case of a secondary public street frontage, a minimum of 30 percent of the street frontage shall be occupied by building frontages that provide the same amenities as described above. (Ord. 712 6-2-20)

17.14.070 Live/work development.

A. General Requirements. Live/work units are structures or spaces within structures that are used jointly for commercial and residential purposes. The development of live/work units and the reuse of existing nonresidential structures to accommodate live/work opportunities shall comply with the development standards in this chapter and the use limitations and design criteria of this section.

B. Specific Requirements for Allowed Uses.

1. The nonresidential component of a live/work unit shall only be a nonresidential use allowed within the applicable mixed-use district, except that certain uses are determined to be incompatible within a shared residential environment and are therefore prohibited as provided in subsection C of this section.

2. The residential component of a live/work unit shall only be a residential use allowed within a mixed-use district.

C. Prohibited Uses. A live/work unit shall not be used for any of the following activities:

1. Adult-oriented businesses.

2. Animal care or boarding.

3. Classroom instruction (e.g., art/music lessons, tutoring, and similar uses) involving five or more students at any one time.

4. Commercial food preparation activities.

5. Industrial uses.

6. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.

7. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use.

8. Medical and dental offices, clinics, and laboratories (not including chiropractors or counselors/psychotherapists).

9. Activities or uses that are incompatible with residential activities that would clearly conflict with other live/work activities or the character of the surrounding neighborhood.

10. Activities or uses that would adversely affect the health or safety of live/work unit residents, because of dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or that would be hazardous because of materials, processes, products, or wastes.

D. Design Standards.

Item Number: 2.

Page 42 of 196 ends

1. Each live/work unit fronting a public street shall have a pedestrian-oriented frontage that allows views into the interior of the nonresidential areas of the unit.

2. Each live/work unit shall have a clearly identified, separate access from other live/work units within the structure or development. Access to individual units shall be from common access areas, parking lots, or walkways. Access to each unit shall be clearly identified to provide for emergency services.

3. The living space within the live/work unit shall be contiguous with the working space, with direct access between the two areas.

E. Operating Standards.

1. No portion of a live/work unit shall be separately sold or rented.

2. The owner or developer of a structure containing live/work units shall provide written notice to all occupants, tenants, and users that the surrounding area may be subject to higher impacts associated with nonresidential uses (e.g., noise) than exist in more predominantly residential areas.

3. All activities related to the “work” component of a live/work unit shall be conducted within a completely enclosed building.

4. Up to two additional persons who do not reside in the live/work unit may work in the unit.

5. Client and customer visits to live/work units are allowed.

6. A live/work unit shall not be converted to either entirely residential use or entirely nonresidential use.

7. A live/work use may display a window or building-mounted signup to a maximum of foursquare feet. Signs shall not be illuminated, including neon signs. (Ord. 712 6-2-20) Item Number: 2.

Page 43 of 196 ends

17.14.010 Purpose.

17.14.020 Permitted uses.

17.14.030 Development standards.

17.14.040 Mixed-use development.

17.14.050 Residential development.

17.14.060 Commercial development.

17.14.070 Live/work development.

17.14.010 Purpose.

A. The purpose of this chapter is to establish use regulations and development standards for mixeduse districts. Mixed-use districts are intended to provide suitable locations for a wide variety of interrelated and compatible commercial, office, residential, civic, and entertainment uses, often in a pedestrian-oriented environment. Uses will vary in composition and intensity based on location, accessibility, and surrounding development context. In addition, it is the intent of this chapter to establish use regulations and development standards for the provision of adequate sites for the development of new and emerging housing types in compliance with the City’s adopted housing element goals and policies.

B. The specific purpose of each individual mixed-use district is as follows:

Item Number: 2.

Page 44 of 196 ends

5/31/23, 2:26 PM Chapter 17.14 MIXED-USE DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_14?view=all 2/16

2. MU-C (Mixed-Use Corridor). The district is intended to provide higher-intensity, commercially oriented activity with maximum residential densities of 30 dwelling units per acre and/or maximum nonresidential intensities of 1.50 FAR. This district provides for integrated commercial retail, professional office, residential, and civic uses. Commercial retail uses are the preferred uses allowed on the ground floor. Residential development is allowed, either as part of a mixed-use project or as a freestanding use and are encouraged to be developed at the highest allowable density. Convenient public transportation access, innovative housing options, and pedestrianoriented design are key considerations in the location and site design of mixed-use developments in this zone.

3. VS-M (Visitor-Serving Mixed). This district is intended to provide for areas appropriate for accommodations, goods, and services intended to serve primarily visitors to the City. Also allowed are detached and attached residential uses at a maximum density of 20 dwelling units per acre.

Either commercial or residential development is allowed, but not concurrently on the same property. (Ord. 712 6-2-20)

17.14.020 Permitted uses.

A. Table 17.14.01 lists the uses permitted in each of the mixed-use districts utilizing the following key:
“P” Use is permitted by right.
“A” Use is accessory to an established primary use.
“AUP” Use requires an Administrative Conditional Use Permit. “CUP” Use requires a Conditional Use Permit.
“T” Use requires a Temporary Use Permit.
“—” Use is prohibited.

TABLE 17.14.01
PERMITTED USES – MIXED-USE DISTRICTS
USE

MIXED-USE DISTRICTS

CODE SECTION

MU-N MU-C VS-M

BUSINESS, FINANCIAL, AND

PROFESSIONAL OFFICE
Automated Teller Machines (ATMs) – Drive-up A A —
Business Support Services P P —
Item Number: 2.

Page 45 of 196 ends

5/31/23, 2:26 PM Chapter 17.14 MIXED-USE DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_14?view=all 3/16 Check Cashing and/or Payday Loans — CUP —
Financial Institutions and Related Services
(without drive-through facilities)
P P —
Office, Business and Professional (excluding
Medical and Dental Office)
P P —

EATING AND DRINKING ESTABLISHMENTS
Bars, Lounges, Nightclubs, and Tasting Rooms — CUP — 17.12.050 Food Preparation/Catering
(no on-site sales or service)

AUP P AUP
Restaurant – Full or Limited Service, Serving
Alcohol
CUP CUP CUP 17.12.050
Restaurant – Full or Limited Service, No Alcohol
Sales
P P P
Restaurant with Drive-through Facilities CUP CUP CUP 17.12.100 Snack Bar A A A

LODGING
Hotel or Motel (without spa) — CUP CUP
Spa Resort — CUP CUP
Homeless Shelters – up to 20 beds — — —
Homeless Shelters – more than 20 beds — — —
Low Barrier Navigation Center P P P

MARIJUANA USES
Marijuana Nonstorefront Retail — — —
Marijuana Distribution — — —
Marijuana Cultivation — — —
Marijuana Entertainment Facilities — CUP —
Marijuana Hotel Facilities CUP — CUP
Marijuana Manufacturing — — —
Marijuana Storefront Retail — CUP — 17.180.040
Marijuana Testing Facilities — P — 17.180.070

MEDICAL-RELATED AND CARE USES
Ambulance Fleet — — —
Clinic and Urgent Care — CUP —
Day Care Center CUP CUP CUP
Item Number: 2.

Page 46 of 196 ends

5/31/23, 2:26 PM Chapter 17.14 MIXED-USE DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_14?view=all 4/16 Health Facilities, Therapy and Rehabilitation — — —
Hospital — CUP —
Office, Medical and Dental Office AUP P P
Residential Care Facilities AUP AUP CUP

PUBLIC AND ASSEMBLY USES
Cultural Institutions P P P
Public Assembly Facilities — CUP —
Religious Assembly Facilities — CUP —
Schools, Private CUP CUP CUP
Trade and Vocational Schools CUP CUP CUP
Tutoring and Education Centers P P P

RECREATION AND ENTERTAINMENT
Arcade (Electronic Game Center) CUP AUP —
Art Gallery P P CUP
Commercial Recreation – Indoors CUP CUP —
Commercial Recreation – Outdoors — CUP —
Entertainment, Indoor CUP AUP —
Health/Fitness Facilities
Health/Fitness Facilities – Small AUP P A
Health/Fitness Facilities – Large CUP CUP —

RESIDENTIAL
Accessory Dwelling Unit — — P
Dwelling, Multifamily P P P 17.12.140
Dwelling, Single-Family — — P 17.12.190
Home Occupations A A A
Hotel/Motel to Residential Conversion — — CUP
Live/Work Unit P P —
Single Room Occupancy (SRO) — CUP — 17.12.210
Supportive Housing P P P
Transitional Housing P P P

RETAIL USES
Alcohol Beverage Sales
For Off-Site Consumption CUP CUP — 17.12.050
Item Number: 2.

Page 47 of 196 ends

5/31/23, 2:26 PM Chapter 17.14 MIXED-USE DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_14?view=all 5/16 For On-Site or Off-Site Consumption, in
Conjunction with an Allowed Use
— CUP CUP 17.12.050
Building Materials and Services, Indoor — P —
Building Materials and Services, Outdoor — — —
Convenience Store, No Alcohol Sales AUP P — 17.12.080
Farmers’ Market TUP TUP TUP
Grocery Store P P CUP
Nurseries and Garden Centers — P —
Outdoor Temporary and/or Seasonal Sales TUP TUP TUP
Recreational Equipment Rentals – Indoor Only P P P
Retail Sales – General P P P
Retail Sales – Restricted — CUP —
Vehicle Sales and Rental — — — 17.12.060
Large Vehicle, Construction, and Heavy
Equipment Sales, Service, and Rental
— — —

SERVICE USES
Animal Care, Services
Animal Boarding/Kennels, Grooming P P —
Veterinary Services, Large Animal CUP CUP —
Veterinary Services, Small Animal AUP AUP —
Instructional Services AUP P —
Maintenance and Repair Services – Indoor P P —
Moving Companies, Storage Allowed — — —
Personal Services, General P P CUP
Personal Services, Restricted CUP CUP CUP
Recording Studio — AUP —
Social Service Facilities — P —
Storage
Personal — — —
Outdoor Recreational Vehicle Storage — — —
Vehicle Repair and Services
Service/Fueling Station — CUP — 17.12.170
Vehicle Washing/Detailing — — —
Item Number: 2.

Page 48 of 196 ends

TRANSPORTATION, COMMUNICATION, AND

INFRASTRUCTURE USES
Car Sharing – Parking AUP AUP CUP
Parking Facility – Temporary TUP TUP TUP
Utility Facilities – Staffed — CUP —
Utility Facility – Unstaffed CUP CUP —
Vehicle Charging Stations – Commercial AUP P A
Vehicle Storage — — —
Wireless Communication Facilities – Minor AUP AUP AUP
Wireless Communication Facilities – Major CUP CUP —
Wireless Telecommunication Facilities,
Satellite Dish Antenna
P P P

OTHER USES
Caretaker Quarters — — AUP
Donation Boxes – Outdoors — — —
Drive-Through or Drive-Up Facilities — CUP —
Vending Machine A A A
(Ord. 728 1-19-21; Ord. 727 1-19-21; Ord. 712 6-2-20)

17.14.030 Development standards.

A. Table 17.14.02 establishes the development standards applicable to mixed-use districts.

17.14.02. TABLE 17.14.02
DEVELOPMENT STANDARDS – MIXED-USE DISTRICTS

DEVELOPMENT STANDARD MIXED-USE DISTRICTS

ADDITIONAL

REQUIREMENTS

MU-N MU-C VS-M

GENERAL PLAN DENSITY/FAR
Maximum Density – Residential 15 du/1 ac 30 du/1 ac 15 du/1 ac Item Number: 2.

Page 49 of 196 ends

1.00 1.50 1.00

LOT DIMENSIONS, SIZE AND COVERAGE
Minimum Lot Size (net)
Single Family — — 7,200 sf
Multifamily 10,000 sf 20,000 sf 10,000 sf
Minimum Lot Width 100 ft 100 ft 45 ft
Minimum Lot Depth - - 90 ft
Maximum Lot Coverage
(Stand-Alone Residential)
60% 70% 50%

SETBACKS AND BUILDING SEPARATIONS
Maximum Front Yard Setback
(From Public Right-of-way)
10 ft 5 ft 15 ft1
1 Garage front
yard setback shall
be a minimum of
20 ft.

Maximum Side Yard Setback
Interior 5 ft 0 ft 5 ft
Corner or Exterior 10 ft 10 ft 10 ft
Minimum Rear Yard Setback
Standard Lot 15 ft 15 ft 15 ft
Adjacent to Alley 10 ft 10 ft 10 ft
Minimum Building Separation Between Multiple
Buildings on a Single Lot – Residential to
Residential or Residential to Nonresidential
Window to Window Walls 30 ft 25 ft 15 ft
Window to Non-Window Walls 25 ft 20 ft 10 ft
Non-Window to Non-Window Walls 15 ft 10 ft 10 ft
Minimum Building Separation Between Multiple
Nonresidential Buildings on a Single Lot
- - -

DWELLING UNIT SIZE AND LAND AREA
Minimum Dwelling Unit Size
Per R-M
District
Per R-H
District
Per R-M
District
Maximum Dwelling Unit Size

BUILDING HEIGHT AND STORIES
Maximum Number of Stories 3 4 2
Item Number: 2.

Page 50 of 196 ends

OTHER DEVELOPMENT STANDARDS
Signs and Outdoor Displays Chapters 17.44 and 17.45
Off-Street Parking and Off-Street Loading Chapters 17.48 and 17.52 Landscaping Chapter 17.56
(Ord. 714 7-7-20; Ord. 712 6-2-20)

17.14.040 Mixed-use development.

A. General Requirements.

1. Mixed-use projects shall comply with the development criteria in this section in addition to the standards in Table 17.14.02.

B. Design Criteria.

1. Development within a mixed-use district. All projects shall be designed to:
a. Provide direct pedestrian linkages to adjacent public sidewalks and trails. b. Create enhanced pedestrian connections throughout the project between residential and nonresidential uses/structures and parking areas.
c. Provide enhanced pedestrian amenities throughout the project, including seating, pedestrian area lighting, special paving, public art, water features, common open space, directories, and similar items to create a pleasant pedestrian experience. d. Incorporate architectural design elements and materials that relate to a pedestrian scale. e. Locate uses in proximity to one another without large intervening parking lots so that it is convenient for people to walk between the various uses and park their vehicles only once. f. Create a pedestrian scale and character of development along the street by providing significant wall articulation and varying roof heights, incorporating pedestrian-scale elements (e.g., doors, windows, lighting, landscaping), and locating storefronts and common open space areas (e.g., plaza, courtyard, outdoor dining) near the public sidewalk to contribute to an active street environment.
g. Provide a transition to adjacent lower-density residential uses by reducing building height and increasing building setbacks.

Item Number: 2.

Page 51 of 196 ends

5/31/23, 2:26 PM Chapter 17.14 MIXED-USE DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_14?view=all 9/16

2. Consistent use of architectural details and materials. Architectural style and use of quality materials shall be compatible and consistent throughout an entire mixed-use project. However, differences in architectural details and materials may occur to differentiate between the residential and nonresidential portions of the project. The overall project design and site layout shall be one that promotes an active pedestrian environment and street frontage. This can be accomplished by incorporating the following features into the project:
a. Street level features. Variations in the front building plane shall be incorporated through the use of varying building setbacks, variations in wall planes, and the inclusion of pedestrian amenities (e.g., plaza, courtyard, outdoor dining, landscaping). Long expanses of blank walls shall be prohibited.
b. Pedestrian-oriented features. At least 75 percent of the building frontage facing a public street, primary pedestrian way, or parking lot shall be devoted to pedestrian-oriented features (e.g., storefronts, pedestrian entrances to nonresidential uses; transparent display windows; landscaping).
c. Upper level features. Upper floor balconies, bays, and windows shall be provided to provide architectural accent and functional balcony space. d. Entrances. When nonresidential and residential uses are located in a vertical mixed-use structure, separate pedestrian entrances shall be provided for each use. The entrances for nonresidential uses shall be designed to be visually distinct from the entrances for residential uses. Entrances to individual residential units in a vertical mixed-use project shall not be allowed along a street frontage. Instead, shared entrances to residential units located above the ground floor shall be from lobbies that serve multiple units. e. Neighborhood interface. The design of new in-fill development shall be sensitive to the scale and design characteristics of established structures in abutting residential neighborhoods, with the objective of achieving a visually distinctive transition between the new development and existing neighborhood. Consideration shall be given to factors including, but not limited to, orientation of architectural features, building articulation, and exterior building treatments.
f. Lighting. Lighting shall be incorporated along sidewalks or other pedestrian walkways, plazas, paseos, courtyards, and other common open areas to enhance the pedestrian environment and increase public safety.
g. Security. Projects shall be designed to minimize security risks to residents and to minimize the opportunities for vandalism and theft.

C. Site Layout.

1. Location of nonresidential uses along street frontages.

Item Number: 2.

Page 52 of 196 ends

5/31/23, 2:26 PM Chapter 17.14 MIXED-USE DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_14?view=all 10/16 a. For vertical mixed-use projects, only nonresidential uses shall be located on the ground floor along public/private street frontages. Residential uses may be located above the ground floor and in areas that do not have frontage on a street. Up to 20 percent of the ground floor frontage may be occupied by lobby entrances to multiple residential units and pedestrian amenities (e.g., plaza, paseo, or courtyard).
b. For horizontal mixed-use projects, the residential portion of the project may have frontage on a public/private street.
c. On corner parcels, the nonresidential space shall wrap around the corner for a distance of at least 30 feet along secondary/side streets.

2. Primary building entrances shall be oriented to the major street on which the structure has frontage, street corner, courtyard, plaza, park, or other structures on the site, but not to interior blocks or parking lots/structures.

3. Site planning shall integrate the street pedestrian environment with the nonresidential uses through the provision of pedestrian-oriented features (e.g., courtyard, plaza, paseo, street furniture, enhanced walkways, lighting, and landscaping).

D. Lighting Standards. Lighting for nonresidential uses shall be designed, located, and shielded to ensure that it does not impact the residential uses.

E. Open Space Standards. Common and private open spaces shall be provided for projects with five units or more as follows:

1. In the MU-N district, a freestanding residential project within a horizontal mixed-use development shall provide common and private open space in compliance with standards for the RM district. In the MU-C, district, the open space standards for the R-H district shall apply.

Item Number: 2.

Page 53 of 196 ends

5/31/23, 2:26 PM Chapter 17.14 MIXED-USE DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_14?view=all 11/16 i. Up to 30 percent of the required open space for residential uses in a horizontal mixed-use project may be provided as quasi-public open space within the nonresidential component of the project.
ii. Up to 50 percent of the required open space for residential uses in a vertical mixeduse project may be provided as quasi-public open space within the nonresidential component of the project.
iii. The minimum dimension (length and width) of shared common open space areas shall be 20 feet. These areas shall be located at grade and shall be accessible for use by the general public.
iv. Quasi-public open space areas shall not include outdoor dining areas or other outdoor activity areas for exclusive use by an individual business. v. Quasi-public open space areas are areas located on private property and accessible to the general public. These areas shall include pedestrian oriented amenities, including enhanced seating, lighting, paving, landscaping, public art, water features, and other similar features.

F. Operational Standards.

2. Loading and unloading activities, including refuse collection, shall not take place after 10:00 p.m. or before 7:00 a.m. on any day of the week.

4. The location and design of recycling and refuse storage facilities shall mitigate nuisances from noise and odors when residential uses might be impacted.

G. Parking, Loading, and Circulation.

Item Number: 2.

Page 54 of 196 ends

5/31/23, 2:26 PM Chapter 17.14 MIXED-USE DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_14?view=all 12/16

2. Parking facilities shall be separated for nonresidential uses and residential uses, except that guest parking for the residential use may be shared with nonresidential uses.

5. Separate site access driveways shall be provided for nonresidential and residential uses unless it can be demonstrated to the satisfaction of the Community Development Director that this requirement cannot be achieved. Site access driveways shall incorporate distinctive design elements, landscape features, and signs to help differentiate access to nonresidential parking areas from access to residential parking areas.

6. Vehicular circulation shall be designed to direct traffic away from adjacent residential streets outside the mixed-use districts to the greatest extent feasible.

H. Trash and Recycling Enclosures.

2. Trash and recycling storage facilities shall be integrated into and be compatible with the architectural design and details with the overall project.

3. The location and design of trash and recycling enclosures shall mitigate nuisances from noise and odors. (Ord. 712 6-2-20)

17.14.050 Residential development.

B. Open Space Design Criteria. Common and private open spaces provided for projects with five or more units shall incorporate the following in the design:

1. Up to 25 percent of the total open space requirement may be met by counting any private exterior open space areas (patios and balconies) provided within the project.

Item Number: 2.

Page 55 of 196 ends

5/31/23, 2:26 PM Chapter 17.14 MIXED-USE DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_14?view=all 13/16