Desert Hot Springs City Council
September 17, 2024

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City of Desert Hot Springs
AGENDA

REGULAR MEETING OF THE CITY COUNCIL
and the City Council Serving as the Successor Agency to the Former Redevelopment Agency Board
Tuesday, September 17, 2024
5:30 PM - Presentations
6:00 PM - Regular Session
Council Chambers/City Hall
11-999 Palm Drive
Desert Hot Springs, California, 92240

Page
PRESENTATIONS - 5:30 P.M.

Palm Springs Airport Master Plan Presentation
Grupo Folklorico Tonantzin
REGULAR SESSION - 6:00 P.M.

CALL TO ORDER

ROLL CALL

INVOCATION

PLEDGE OF ALLEGIANCE

CITY ATTORNEY REPORT ON CLOSED SESSION

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

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

PUBLIC COMMENTS

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

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

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

CITY MANAGER REPORT

MAYOR AND COUNCIL MEMBER REPORTS
PUBLIC HEARINGS:

1. Ordinance Amending Chapter of Title 17, Zoning Ordinance:
creating “Chapter 17.18 (Visitor-Serving 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 of the City Council of the City of Desert Hot Springs, California, amending Title 17, Zoning Ordinance, to create “Chapter 17.18 (Visitor-Serving Districts).”
Staff Report - SR-24-182 - Pdf
7 - 97
ADMINISTRATIVE CALENDAR:

2. Agreement for Public Improvements with Snider Investments LLC, for PODs Project, Development Permit Number 22-4, 654640 19th Avenue
Daniel Porras, Assistant City Manager
Recommendation:

Authorize the City Manager to negotiate and execute the Agreement for Public Improvements between the City and Snider Investments LLC for public improvements related to PODs Project, Development Permit Number 22-4, located at 64640 19th Avenue.

Staff Report - SR-24-198 - Pdf
119 - 165

3. Deferred Development Impact Fees Agreement with Snider Investments LLC, for PODs Project, Development Permit Number 22- 4, 654640 19th Avenue
Daniel Porras, Assistant City Manager
Recommendation:
1) Consider a request from Snider Investments LLC(Developer) to enter into a Deferred Development Impact Fee Agreement with Attached Lien Agreement (“Agreement”), which would allow the Developer to defer the development impact fees (“DIFs”) in the amount of $292,200.00, and make $25,000.00 monthly payment until paid in full; and 2) Should the City Council approve the Developer’s request to defer the DIFs and enter into the Agreement, authorize the City Manager to negotiate and execute the Agreement.

Staff Report - SR-24-197 - Pdf
99 - 117

4. Formation of Underground Utility District Area Number 2 – Indian Canyon Drive between 19th Avenue and 20th Avenue
Daniel Porras, Assistant City Manager
Recommendation:

Adopt a Resolution of the City Council calling for a public hearing on October 1, 2024 to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within Area No. 2, which is along Indian Canyon Drive between 19th Avenue and 20th Avenue.

Staff Report - SR-24-194 - Pdf
167 - 177
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.

5. City Council Regular Meeting Minutes: September 3, 2024 Jerryl Soriano, City Clerk
Recommendation: Approve the minutes as presented; or as corrected.

Staff Report - SR-24-195 - Pdf
179 - 186

6. Professional Services Agreement with JNS Media Specialist for CityWide Marketing Services Doria Wilms, Deputy City Manager
Recommendation:

Authorize the City Manager to execute a Professional Services Agreement with JNS Media Specialists, Inc. for city-wide brand development, creative and marketing services in an amount not to exceed 187 - 250

$100,000 annually, for one year, with the option to extend for two additional one-year terms subject to a duly approved budget.

Staff Report - SR-24-193 - Pdf

7. Award Professional Services Agreement to CR Associates for Professional Public Outreach and Urban Planning Services for the Active Transportation Safety and Connectivity Plan
Nicholas Haecker, Public Works Director
Recommendation:

Authorize the City Manager to execute the Professional Services Agreement to perform Professional Public Outreach and Urban Planning Services the Desert Hot Springs Active Transportation Safety and Connectivity Plan with CR Associates (CRA) in the amount not to exceed $416,130.

Staff Report - SR-24-199 - Pdf
251 - 328

8. Professional Services Agreement with 29 Palms Farmers Market for Friday Nights on Pierson
Doria Wilms, Deputy City Manager
Recommendation:

Authorize the City Manager to execute a Professional Services Agreement with 29 Palms Farmers Market to facilitate and manage Friday Nights on Pierson for a period of five years, with the City continuing to cover the costs of the event for the first year in amount not to exceed $72,500, paid out at $1500.00 per week, for each event held, to be paid monthly in an amount not to exceed $6,000.00 per month.

Staff Report - SR-24-196 - Pdf
329 - 352

9. Transportation Uniform Mitigation Fee (TUMF) Inflation Adjustment for Calendar Year 2025
Travis Clark, Community Development Director
Recommendation:

Adopt a Resolution of the City Council adjusting the Transportation Uniform Mitigation Fee (TUMF) pursuant to Coachella Valley Association of Government's request for Calendar Year 2025.

Staff Report - SR-24-183 - Pdf
353 - 365

10. Conflict of Interest Code Biennial Review and Update Jerryl Soriano, City Clerk
Recommendation:

Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, amending the City's Conflict of Interest Code.

Staff Report - SR-24-191 - Pdf
367 - 373

11. Designation of Voting Delegate and Alternate(s) for the 2024 Cal Cities Annual Conference
375

Jerryl Soriano, City Clerk
Recommendation:

Appoint one (1) voting delegate and up to two (2) alternates for the 2024 Cal Cities Annual Conference.

Staff Report - SR-24-192 - Pdf

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

ADJOURN

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

October 1 City Council Regular Meeting 6:00 p.m.

October 8 Planning Commission 6:00 p.m.

October 10 Public Safety Commission 6:00 p.m.

October 15 City Council Regular Meeting 6:00 p.m.
________________________________________________________________________________________

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

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

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

SR-24-182
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: September 17, 2024
Department: Community Development
Prepared by: Travis Clark, Community Development Director Subject: Ordinance Amending Chapter of Title 17, Zoning Ordinance: creating “Chapter 17.18 (Visitor-Serving 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 of the City Council of the City of Desert Hot Springs, California, amending Title 17, Zoning Ordinance, to create “Chapter 17.18 (Visitor-Serving Districts).”
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
Item Number: 1.

SR-24-182
DISCUSSION:

The Visitor-Serving zoning districts cover a portion of the city where the natural mineral water and hot mineral water aquifers are located. This is a great resource for the city and spurred the development of hotels and spas in the City. The purpose of these districts is to provide areas appropriate for accommodations, goods, and services intended to primarily serve visitors to the City while respecting the surrounding residential neighborhoods. The City is beginning to see a resurgence in interest in reviving the existing hotels, resorts, and spas as well as building new ones.

These zones are primarily located in two main clusters within the city. The first cluster is along either side of Palm Drive north of Downtown to approximately Mission Lakes Boulevard. This area has a mix of both large and small hotels, motels, resorts, and spas. The second cluster is centered on eastern Hacienda Avenue with both large and small hotels and spas located north and south of this main artery within the City.

There are two zoning districts within the Visitor-Serving Land Use defined in the 2020 General Plan.

The first is Visitor-Serving Mixed which is generally occupied by smaller hotels, motels, resorts, and spas amongst single-family and multi-family housing with limited commercial uses. The second is Visitor-Serving Commercial which generally contains more intensive lodging land uses amongst multifamily residential. It is home to the larger hotels, motels, resorts, and spas such as Miracle Springs Resort and Spa, the Desert Hot Springs Spa Hotel, and the Soluna (Hyundae) Resort and Spa (under renovation) on north Palm Drive. Azure Palms and Relax Hotel and Spa (closed) are located on Hacienda Avenue. The Visitor-Serving Commercial zoning district also contains a large amount of vacant land where future lodging can be developed.

This zoning text update is intended to do two things. First, combine both Visitor-Serving zoning districts into a single chapter for ease of use. Visitor-Serving Mixed was within the Mixed-Use districts chapter and Visitor-Serving Commercial was within the Commercial districts chapter. Secondly, the districts have been updated to align with the current zoning map. The previous Visitor-Serving and Visitors-Serving Village mostly became Visitor-Serving Commercial. The previous Visitor-Serving Corridor was split into Visitor-Serving Mixed (for the existing lower intensive land uses) and VisitorServing Commercial (for the more intensive land uses) in the 2020 update to the General Plan.

In updating these zoning regulations and guidelines, language was pulled from the General Plan, the existing code from both the Mixed-Use and Commercial chapters, and new language added.

The changes can be broken down into three main categories of land use for each district: residential, commercial, and lodging (resort, spa, hotel, and motel development) Residential Development
Changes to residential land uses within these districts were made to align with the requirements of Chapter 17.08 Residential Districts for both single-family and multi-family uses. Since the VisitorServing districts are surrounded by Residential-Low and Residential-Medium zoning districts, it was logical that residential development within Visitor-Serving zones follow the same standards and guidelines. Thus, Chapter 17.08, Residential Districts is referenced for new residential development in Visitor-Serving zoning districts..

Item Number: 1.

SR-24-182
Commercial Development
Limited commercial development is allowed within each Visitor-Serving zoning district but it is intended to accommodate boutique-type shops, restaurants, art galleries, gift shops, coffee shops and similar small scale specialized visitor serving commercial uses. The commercial uses are intended to complement the lodging uses within these districts. As such, the regulations and guidelines are written with this perspective. Shopping centers and strip malls are prohibited.

Lodging Development
Lodging development text was generally borrowed from the existing text but with some changes:
 Architecture. The mid-century architectural style is encouraged as it complements the existing architecture of the historic spas.
 Amenities are required. There is a number of amenities that are required based on the number of rooms or units. These can be traditional amenities such as swimming pools and mineral water spas, or newer ones such as yoga or mediation rooms. This requirement is not expected to be a burden on new development since new lodging development desires more amenities to improve the visitor experience.
 Re-establishment of hotel, motel, resort, and spa. The City is encouraging the revival of long dormant and vacant lodging without unduly burdening redevelopment and renovation of such properties. However, there are certain minimum requirements that these facilities should meet such as ADA accessibility and parking, provision of trash enclosures, etc. For these reasons, the requirement of an Administrative Use Permit is included in the use table for this use.  Establishment of height limits for Visitor-Serving Commercial. The General Plan provides for a typical building height of "2 to 5 stories for Spa/Resort uses" in the Visitor-Serving District. The maximum height is 30 feet in the current code. It impossible to build a 5 story building within 30 feet. To resolve this discrepancy, the maximum by-right building height is established at 30 feet with the ability for the Planning Commission to increase the height through a CUP. For reference, the tallest hotel structure in the City is the Soluna (Hyundae) Hotel which is four stories facing Palm Drive but it has a basement, so is 5 stories from the rear. It is estimated to be about 50+ feet tall with the basement.
 Camping/Glamping is proposed to be allowed in the Visitor-Serving Commercial district zone only and under certain conditions: The use must occur on parcels that are at least five (5) acres or more; provisions for permanent restrooms and bathrooms are made; amenities are required as in all lodging facilities, and stays are limited to 28 days. Camping/Glamping facilities would require approval by the Planning Commission with a CUP.

Planning Commission Changes
The Planning Commission made two (2) changes to the proposed ordinance. First, they recommended increasing the number of amenities required for each size of lodging development by one (1). And second, the Commission recommended against using reflective surfaces for fencing or on the building façade.

FISCAL IMPACT:

None
Item Number: 1.

SR-24-182
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) Proposed Ordinance - Chapter 17.14 Mixed-Use Districts w/ PC Changes 2) Chapter 17.14 Mixed-Use Districts- PREVIOUS
3) Chapter 17.12 Commercial Districts- PREVIOUS
Item Number: 1.

1 ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS CREATING THE FOLLOWING CHAPTER OF TITLE 17, ZONING ORDINANCE: CHAPTER 17.18 (VISITOR-SERVING

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 will add Chapter 17.18 to Title 17 of the Desert Hot Springs Municipal Code; and
WHEREAS, this Ordinance is consistent with the General Plan; 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. ADDITION OF CHAPTER 17.18 (“VISITOR-SERVING
DISTRICTS”) TO TITLE 17 (“ZONING”) OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
That the City Council hereby adds the following Chapter of the Desert Hot Springs Municipal Code as follows:
1) Chapter 17.18 “Visitor-Serving Districts) shall be created 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 Item Number: 1.

2 Code of Regulations section 15061, subsection (b)(3), in that the proposed ordinance involves a proactive measure to prohibit certain uses within the Downtown Area and does not have the potential to significantly impact the environment.

Section 4. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

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

Section 6. EFFECTIVE DATE

This ordinance shall become effective 30 days after its second reading.

PASSED AND ADOPTED by the City Council at a regular meeting held on _________________, 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: 1.

EXHIBT A
Chapter 17.18 Visitor-Serving Districts
Sections:

17.18.010 Purpose.

17.18.020 Permitted uses.

17.18.030 General development standards.

17.08.040 Visitor-Serving Mixed District developments standards and guidelines.

17.08.050 Visitor-Serving Commercial District development standards and guidelines.

17.18.010 Purpose.

A. VS-C (Visitor-Serving Commercial). This district is intended to provide areas appropriate for accommodations, goods, and services primarily intended to serve visitors to the City. The district is meant to foster increased tourist and visitor-related activities; support the maintenance and enhancement of existing hot mineral spas, and encourage development of similar new facilities, in particular “destination resort spas” and hotels that utilize the City’s subsurface hot mineral water. Allowed are small (up to 15 rooms), medium (16 to 50 rooms) to large (over 51 rooms) accommodations including hotels, motels, resorts and spas. Also allowed are attached residential uses at a maximum density of 15 dwelling units per acre.

B. VS-M (Visitor-Serving Mixed) This district is intended to provide for areas appropriate for accommodations, goods, and services intended to serve visitors to the City. Also allowed are detached and attached residential uses at a maximum density of 15 dwelling units per acre. Either commercial or residential development is allowed, but not concurrently on the same property.

17.08.020 Permitted uses.

TABLE 17. 18.01
PERMITTED USES – VISITOR SERVING DISTRICTS

USE VISITOR SERVING DISTRICTS CODE

SECTION VS-M VS-C

BUSINESS, FINANCIAL, AND PROFESSIONAL OFFICE
Automated Teller Machines(ATMs) – Driveup__ P
Business Support Services A A
Item Number: 1.

Check Cashing and/or Payday Loans __ __
Financial Institutions and Related
Services(without drive-through facilities)
__ P
Financial Institutions and Related
Services(with drive-through facilities) - -
Office, Business and Professional CUP P

EATING AND DRINKING ESTABLISHMENTS
Bars, Lounges, Nightclubs, and Tasting
Rooms

CUP CUP
Food Preparation/Catering (no on-site sales or
service)
AUP A
Food Preparation/Catering (with on-site sales
or service)
AUP A
Restaurant – Full or Limited Service, Serving
Alcohol

AUP AUP
Restaurant – Full or Limited Service, No
Alcohol Sales
P P
Restaurant with Drive-through Facilities - -
Snack Bar A A
Mobile food vending vehicle parks - -
Mobile food vending vehicle parks - Ancillary AUP AUP

INDUSTRY, MANUFACTURING AND PROCESSING, AND WAREHOUSING Brewery, Winery, or Distillery CUP 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* - A
Large Collection Facility* - -
Light Processing* - -
Heavy Processing* - -
Reverse Vending Machine - -
Research and Development - -
Storage – Outdoor - -
Warehouse, Wholesaling and Distribution - -
Item Number: 1.

LODGING
Hotel or Motel (without spa) CUP P
Spa Resort CUP P
Day Spa CUP P
Re-establishment of inactive or vacant
Hotel, Motel, or Spa Resort

AUP AUP
Emergency Shelter/Low Barrier Navigation
Center
P P
Camping/Glamping - CUP* *On
properties a
minimum of
5 acres in
size

MARIJUANA USES
Marijuana/Cannabis Non-storefront Retail - -
Marijuana/Cannabis Distribution - -
Marijuana/Cannabis Cultivation - -
Marijuana/Cannabis Lounge - Consumption
Space

CUP CUP
Marijuana/Cannabis Hotel Facilities CUP CUP
Marijuana/Cannabis Manufacturing - -
Marijuana/Cannabis Storefront Retail __ __
Marijuana/CannabisTesting Facilities - -

MEDICAL-RELATED AND CARE USES
Ambulance Fleet - -
Clinic and Urgent Care - -
Day Care Center CUP -
Therapy and Rehabilitation Facilities CUP CUP
Hospital - -
Office, Medical and Dental Office CUP CUP
Residential Care Facilities (Commercial
Assisted Living, Nursing Home)

CUP CUP

PUBLIC AND ASSEMBLY USES
Cultural Institutions P P
Event Facility, Event Center, Event Venue CUP P
Public Assembly Facilities CUP CUP
Religious Assembly Facilities CUP CUP
Schools, Private CUP -
Trade and Vocational Schools - -
Tutoring and Education Centers AUP AUP

RECREATION AND ENTERTAINMENT
Arcade/Electronic Game Center A A
Art Gallery P P
Commercial Recreation – Indoors - P
Commercial Recreation – Outdoors - CUP
Item Number: 1.

Entertainment, Indoor (motion picture
theaters, performance theatres, dance halls
and similar)
-P
Health/Fitness Facilities– SmallAP
Health/Fitness Facilities– Large- CUP

RESIDENTIAL
Accessory Dwelling UnitP-
Dwelling, MultifamilyPP
Dwelling, Single-FamilyP-
Home OccupationsA-
Hotel/Motel to Residential Conversion CUP CUP
Live/Work Unit AUP AUP
Single Room Occupancy (SRO)--
Supportive Housing(Senior
Citizens/Congregate Care Housing)
P-
Transitional HousingP-

RETAIL USES
Alcohol Beverage Sales
ForOff-Site Consumption-CUP
For On-Site orOff-Site Consumption, in
Conjunction with an Allowed Use

CUP CUP
Building Materials and Services, Indoor--
Building Materials and Services, Outdoor--
Convenience Store, No Alcohol Sales CUPP
Convenience Store, with AlcoholSales CUP CUP
Farmers’ Market TUP TUP
Grocery Store CUPP
Indoor Retail Concessions AUPP
Mini-mall (Strip-mall)--
Nurseries and Garden CentersAUPP
OutdoorTemporary and/or Seasonal Sales TUP TUP
Recreational Equipment Rentals– Indoor
Only
PP
Retail Sales– General AUPP
Retail Sales– Restricted (firearm and
ammunition stores, pawn shops, and
jewelry/gold exchanges)
--
Vehicle Sales and Rental--
LargeVehicle, Construction, and Heavy
Equipment Sales, Service, and Rental
--

SERVICE USES
Animal Care, Services
Animal Boarding/Kennels, Grooming- CUP
Veterinary Services, Large Animal--
Veterinary Services, Small Animal- CUP
Funeral Parlors and Internment Services--
Instructional Services-P
Maintenance and Repair Services– Indoor- CUP
Item Number: 1.

Moving Companies, Storage Allowed - -
Personal Services, General CUP P
Personal Services, Restricted (massage
establishments, day spa with massage)

CUP CUP
Recording Studio - CUP
Social Service Facilities - --
Storage
Personal - -
Outdoor Recreational Vehicle Storage - -
Vehicle Repair and Services
Service/Fueling Station - -
Vehicle Washing/Detailing - -
Vehicle Service, Minor - -
Vehicle Service, Major
- -

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

OTHER USES
Caretaker Quarters A A
Donation Boxes – Outdoors - -
Drive-Through or Drive-Up Facilities - -
Vending Machine A A
Adult Oriented Businesses - -

17.18.030 General development standards
A. General Standards. The following standards are minimum unless stated as maximum. The following standards shall apply to development in all Visitor-Serving 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 shall be approved with a Development Permit from the Approval Authority.

2. Outdoor storage. There shall be no visible storage of motor vehicles, trailers, airplanes, boats, recreational vehicles, or their composite parts; loose rubbish, garbage, junk, or their receptacles; Item Number: 1.

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. Trash enclosures required. Every parcel with a commercial, hospitality, or multi-family use (5 or more units), excluding single-family residential, shall have a trash and recycling enclosure on the premises. The trash and recycling enclosure shall comply with adopted standards and be of sufficient size to accommodate the trash and recycling generated by the use. 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. A trellis or roof shall be installed over the enclosure to prevent unauthorized use and debris from blowing out. 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. Screening of rooftop equipment. 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. Transit Occupancy Tax. All resorts, spas, hotels, and motels shall be subject to the transit occupancy tax (TOT) where applicable.

6. Amenities required. Amenities are required for all lodging uses. a. All hotels, motels, resorts, or spas are required to provide for a minimal amount of amenities based on room/unit count:
i. 1 – 15 rooms – 2 amenities
ii. 16- 30 rooms – 3 amenities
iii. 31- 50 rooms – 4 amenities
iv. 51 - 100 rooms - 5 amenities
v. 100 rooms or more – 6 amenities
b. Amenities can be either indoors or outdoors and include swimming pools, hot and cold water mineral spas, yoga, meditation, and exercise rooms or areas, massage rooms, courts for racquet sports, lawn bowling and bocci ball spaces, horseshoe and cornhole pits, and other wellness amenities as deemed by the Community Development Director as meeting this requirement.

7. Re-establishment of lodging.
a. Hotels, motels, resorts, and spas that have been vacant for 3 or more years or used for multi-family purposes can be re-established for a lodging use with an Administrative Use Permit.

Item Number: 1.

b. To the extent possible, these accommodations should meet ADA accessibility requirements as well as provide for a trash enclosure.
c. Such accommodations shall provide for amenities per the requirements of this chapter.

8. Design criteria as outlined Sections 17.18.040 and 17.18.050 applicable to the respective development type within the Visitor-Serving districts shall apply and are in addition to the standards of Table 17.18.02.

9. Reflective surfaces on fencing and building facades is prohibited.

TABLE 17.18.02
DEVELOPMENT STANDARDS – VISITOR SERVING DISTRICTS

DEVELOPMENT

STANDARDS

VS-M VS-C

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

1.00 1.00

LOT DIMENSIONS, SIZE

AND COVERAGE
Minimum Lot Size (net)
Non-residential 7,200 sf 7,200 sf
Single Family 7,200 sf --
Multifamily 10,000 sf 10,000 sf
Minimum Lot Width 45 ft 100 ft
Minimum Lot Depth 90 ft 90
Maximum Lot Coverage 50% 50%

SETBACKS AND

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

Minimum Side Yard Setback
Interior 5 ft 10 ft; 20 ft for
commercial
adjacent to
residential
Corner or Exterior 10 ft 10 ft.

Minimum Rear Yard Setback
Standard Lot 15 ft 10 ft; 20 ft for
commercial
Item Number: 1.

adjacent to
residential
Adjacent to Alley 10 ft 15
Minimum Building Separation 10 ft 10 ft

DWELLING UNIT SIZE

AND LAND AREA
Minimum Dwelling Unit Size Per Chapter 17.08 Per Chapter 17.08

BUILDING HEIGHT AND

STORIES
Maximum Number of Stories
Residential/Commercial 2 2
Spa/Resort Hotel 5 5
Maximum Building Height
Residential 30 ft 30
Spa/ Resort Hotel 30 ft* 30 ft* *Heights greater than
30 feet can be
approved with a CUP

OTHER DEVELOPMENT

STANDARDS
Signs and Outdoor Displays Chapters 17.44 and 17.45
Off-Street Parking and Loading
Standards
Chapters 17.48
Landscaping Chapter 17.56

17.08.040 Visitor-Serving Mixed District developments standards.

The Visitor-Serving Mixed district is assigned to two areas of the City where the natural mineral aquifer and hot mineral aquifer exist:

North of downtown on either side of Palm Drive where small to medium motels and hotels with or without spas are located amongst single-family and multi-family residences; On Hacienda Avenue in the eastern side of the City functioning as a transition zone to the more intense Visitor-Serving Commercial zone and Residential Low zoning. It also contains small and medium motels and hotels with or without spas.

The intent of this land use district is to encourage the development of small to medium sized spas/resorts including motel-type or boutique-type with spas, day visit spas, or similar limited uses/facilities with unique architecture and lush landscaping while respecting residential uses.

A. Residential development

1. General Requirements
a. Residential development within the Visitor-Serving Mixed zoning district shall follow the site planning and architecture standards and guidelines of Chapter 17.08 Residential Districts for both single-family and multi-family types of development.

Item Number: 1.

B. Commercial development

1. General Requirements
a. This use is intended to accommodate boutique-type shops, restaurants, art galleries, gift shops, coffee shops and similar small scale specialized visitor serving commercial uses the district. Stripcommercial development is not permitted in this zone.

2. Design Criteria
a. Pedestrian friendly.
i. Provide direct pedestrian linkages to adjacent public sidewalks and trails. ii. Include parking for bicycles in the site layout.
b. Architecture
i. Provide for exterior wall variation in design and setbacks to relieve monotony. ii. Incorporate unique architectural elements fostering a sense of destination and celebration consistent with the particular architectural theme.
iii. Utilize unique entry statements -i.e., raised roofs and forms, etc.—that are consistent with the particular architecture theme.
iv. Utilize unique and notable signage and address identification plaques that are consistent with the particular architectural theme.
v. Provide unique exterior building lighting that is consistent with the particular architectural theme.
c. Signage
i. Signage shall comply with Chapter 17.44 Sign Regulations ii. Signage materials should complement the materials of the main structure. iii. Where historic signage exists, it should be preserved to the extent possible d. Lighting
i. Lighting shall be provided in accordance with Chapter 17.40 Property Development Standards
ii. Lighting shall be deflected away from all adjacent properties and public streets and rights-ofway in conformance with the City’s Lighting Ordinance. iii. No lighting shall blink, flash, or be of unusually high intensity or brightness. iv. All lighting fixtures shall be appropriate in scale, intensity, and height to the use it is serving. e. Site Layout
i. Utilize contrasting colors, materials and textures for walkway and driveway areas; use of stamped, colored concrete, or pavers at drive approaches is encouraged. ii. Outdoor dining areas are encouraged and should be integrated with the building design. f. Landscaping
i. Landscaping should be provided according to the provisions of Chapter 17.56 Landscaping Standards
g. Parking, Loading, and Circulation
i. Parking shall be provided according to the provisions of Chapter 17.48 Off-Street Parking. ii. To the extent possible, parking shall be located to the side or rear of the structure.

C. Resort, spa, hotel, and motel development

1. General Requirements
a. This use is intended to accommodate small to medium hotels, motels, spas, and resorts that utilize the hot and cold mineral springs water.
b. Amenities are required per Section 17.18.030 of this chapter.

Item Number: 1.

2. Design Criteria
a. Pedestrian friendly.
i. Provide direct pedestrian linkages to adjacent public sidewalks and trails. ii. Include parking for bicycles in the site layout.
b. Architecture
i. Use of Mid-Century Modern architecture is encouraged as a tie-in to the historic architecture of Desert Hot Springs hotels, motels, resorts and spas. Mid-Century architectural features include clean lines, flat or angled roofs, large roof overhangs, floor to ceiling windows, indoor-outdoor living areas, use of breeze block for walls, etc. ii. Provide for exterior wall variation in design and setbacks to relieve monotony. iii. Incorporate unique architectural elements fostering a sense of destination and celebration consistent with the particular architectural theme.
iv. Utilize unique entry statements—i.e., raised roofs and forms, etc.—that are internally consistent with the particular architecture theme.
v. Where possible, incorporate a porte cochere and emphasize it in the design. vi. Utilize unique and notable signage and address identification plaques that are consistent with the particular architectural theme.
vii. Provide unique exterior building lighting that is consistent with the particular architectural theme.
viii. Limit the use of exposed wood.
d. Signage
i. Signage shall comply with Chapter 17.44 Sign Regulations. ii. Signage materials should complement the materials of the structure. iii. Where historic signage exists, it should be preserved to the extent possible. e. Lighting
i. Lighting shall be provided in accordance with Chapter 17.40 Property Development Standards.
ii. Lighting shall be deflected away from all adjacent properties and public streets and rights-ofway in conformance with the City’s Lighting Ordinance. iii. No lighting shall blink, flash, or be of unusually high intensity or brightness. iv. All lighting fixtures shall be appropriate in scale, intensity, and height to the use it is serving. f. Site Layout
i. Provide 6-foot high decorative walls of block, wrought iron, cut metal, or glass block to provide privacy where needed except within the traffic safety sight area (line of sight) at street intersections.
ii. Utilize contrasting colors, materials and textures for walkway and driveway areas; use of stamped, colored concrete at drive approaches is encouraged. g. Landscaping
i. Landscaping shall be provided per Chapter 17.56 Landscaping Standards h. Parking, Loading, and Circulation
i. Parking shall be provided according to the provisions of Chapter 17.48 Off-Street Parking ii. To the extent possible, parking shall be located to the side or rear of the structure.

17.08.050 Visitor-Serving Commercial development standards.

This zoning district is assigned to two areas of the City where Natural Mineral Aquifer and Hot Mineral Item Number: 1.

Aquifer exist:

North of downtown on either side of Palm Drive where medium to large motels and hotels with or without spas are located on larger lots.

On Hacienda Avenue in the eastern side of the City where medium to large hotels are located on larger lots. There is a significant area within this zone that contains larger, undeveloped lots.

The intent of this land use district is to encourage the development of medium to large spas/resorts including motel-type or boutique-type hotels with spas, day visit spas, or similar limited uses/facilities with unique architecture and lush landscaping while respecting residential uses. This designation is intended to accommodate boutique-type restaurants, art galleries, gift shops, coffee shops and similar small scale specialized visitor serving uses intermixed within the district. Strip-commercial development is not permitted within this zone.

A. Residential development

1. General Requirements
a. Residential development within the Visitor-Serving Commercial zoning district shall follow the site planning and architecture standards and guidelines of Chapter 17.08 Residential Districts for multi-family types of development.

B. Commercial development.

1. General Requirements
a. This use is intended to accommodate boutique-type shops, restaurants, art galleries, gift shops, coffee shops and similar small scale specialized visitor serving uses commercial uses the district. b. Strip-commercial development is not permitted.

2. Design Criteria
a. Pedestrian friendly.
i. Provide direct pedestrian linkages to adjacent public sidewalks and trails. ii. Include parking for bicycles in the site layout.
c. Architecture
i. Provide for exterior wall variation in design and setbacks to relieve monotony. ii. Incorporate unique architectural elements fostering a sense of destination and celebration consistent with the particular architectural theme.
iii. Utilize unique entry statements—i.e., raised roofs and forms, etc.—that are internally consistent with the particular architecture theme.
iv. Utilize unique and notable signage and address identification plaques that are consistent with the particular architectural theme.
v. Provide unique exterior building lighting that is consistent with the particular architectural theme.
vi. Limit the use of exposed wood.
d. Signage
i. Signage shall comply with Chapter 17.44 Sign Regulations. ii. Signage materials should complement the materials of the structure. iii. Where historic signage exists, it should be preserved to the extent possible. e. Lighting
Item Number: 1.

i. Lighting shall be provided in accordance with Chapter 17.40 Property Development Standards
ii. Lighting shall be deflected away from all adjacent properties and public streets and rightsof-way in conformance with the City’s Lighting Ordinance. iii. No lighting shall blink, flash, or be of unusually high intensity or brightness. iv. All lighting fixtures shall be appropriate in scale, intensity, and height to the use it is serving.
f. Site Layout
i. Provide 6-foot high decorative walls of block, wrought iron, cut metal, glass block, or similar material to provide privacy where needed except within the traffic safety sight area (line of sight) at street intersections.
ii. Utilize contrasting colors, materials and textures for walkway and driveway areas; use of stamped, colored concrete or pavers at drive approaches is encouraged. g. Landscaping
i. Landscaping shall be provided per Chapter 17.56 Landscaping Standards h. Parking, Loading, and Circulation
i. Parking shall be provided according to the provisions of Chapter 17.48 Off-Street Parking ii. To the extent possible, parking shall be located to the side or rear of the structure.

C. Resort, spa, hotel, and motel development

1. General Requirements
a. This use is intended to accommodate small, medium to large hotels, motels, spas, and resorts that utilize the hot and cold mineral springs water.
b. Amenities are required per Section 17.18.030 of this chapter.

2. Design Criteria
a. Pedestrian friendly
i. Provide direct pedestrian linkages to adjacent public sidewalks and trails. ii. Include parking for bicycles in the site layout.
b. Architecture
i. Use of Mid-Century Modern architecture is encouraged as a tie-in to the historic architecture of Desert Hot Springs hotels, motels, resorts and spas. Mid-Century architectural features include clean lines, flat or angled roofs, large roof overhangs, floor to ceiling windows, indoor-outdoor living areas, use of breeze block for walls, etc. ii. Provide for exterior wall variation in design and setbacks to relieve monotony. iii. Incorporate unique architectural elements fostering a sense of destination and celebration consistent with the particular architectural theme.
iv. Utilize unique entry statements—i.e., raised roofs and forms, etc.—that are internally consistent with the particular architecture theme.
v. Where possible, incorporate a porte cochere and emphasize it in the design. vi. Utilize unique and notable signage and address identification plaques that are consistent with the particular architectural theme.
vii. Provide unique exterior building lighting that is consistent with the particular architectural theme.
viii. Limit the use of exposed wood.
c. Signage
i. Signage shall comply with Chapter 17.44 Sign Regulations Item Number: 1.

ii. Signage materials should complement the materials of the structure. iii. Where historic signage exists, it should be preserved to the extent possible. d. Lighting
i. Lighting shall be provided in accordance with Chapter 17.40 Property Development Standards
ii. Lighting shall be deflected away from all adjacent properties and public streets and rightsof-way in conformance with the City’s Lighting Ordinance. iii. No lighting shall blink, flash, or be of unusually high intensity or brightness. iv. All lighting fixtures shall be appropriate in scale, intensity, and height to the use it is serving.
e. Site Layout
i. Provide 6-foot high decorative walls with of block, wrought iron, cut metal, glass block or similar material to provide privacy where needed except within the traffic safety sight area (line of sight) at street intersections.
ii. Utilize contrasting colors, materials and textures for walkway and driveway areas; use of stamped, colored concrete at drive approaches is encouraged. f. Landscaping
i. Landscaping shall be provided per Chapter 17.56 Landscaping Standards g. Parking, Loading, and Circulation
i. Parking shall be provided according to the provisions of Chapter 17.48 Off-Street Parking.
ii. To the extent possible, parking shall be located to the side or rear of the structure.

3. Camping/Glamping development standards
a. Notwithstanding any other provision in this code, camping or glamping uses may only occur on parcels 5 acres or more in size.
b. Camping/glamping sites shall be shielded from view to any adjacent residential use with a solid fence or block wall.
c. Such lodgings shall be connected to public water and sewer. d. Permanent restrooms and showers shall be provided if not provided in individual rooms/units onsite. e. A percentage of the rooms/units must be ADA accessible per the California Building Code. f. Amenities shall be provided per Section 17.18.030 of this chapter. g. Stays are limited to a 28 day maximum.

Item Number: 1.

5/31/23, 2:26 PM Chapter 17.14 MIXED-USE DISTRICTS
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Title 17 ZONING
Chapter 17.14 MIXED-USE DISTRICTS

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:

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.

Previous ordinance
containing language for
Visitor-Serving Mixed
Districts.

Item Number: 1.

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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.

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

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: 1.

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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: 1.

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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: 1.

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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: 1.

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Vehicle Service, Major — — —

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.

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. 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: 1.

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Maximum Floor Area Ratio (FAR) –
Nonresidential

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: 1.

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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.

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.

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: 1.

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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.

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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.

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:

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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.

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.

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.

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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 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.

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. 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.

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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.

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 shall:

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.

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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.

7. 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 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.

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 shall 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)

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.

Item Number: 1.

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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_14?view=all 15/16 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.

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.

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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) Contact:

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

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5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
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Title 17 ZONING
Chapter 17.12 COMMERCIAL DISTRICTS
Alert: This item has been affected by: Ordinance 771, Ordinance 773. Visit the CodeAlert page for more information on pending legislation.

17.12.010 Purpose.

17.12.020 Permitted uses.

17.12.030 Land use district development standards.

17.12.040 Land use district specific standards.

17.12.050 Alcohol beverage control “ABC” license.

17.12.060 Automobiles sales.

17.12.070 Bonus height.

17.12.080 Convenience stores.

17.12.090 Day care centers.

17.12.100 Drive-through restaurants.

17.12.110 Indoor retail concession malls.

17.12.120 Outdoor dining.

17.12.130 Mini-malls.

17.12.140 Multifamily housing.

17.12.150 Household recycling facilities for reusable domestic containers.

17.12.160 Senior citizen/congregate care housing standards.

17.12.170 Service station (gasoline) standards.

Previous ordinance
containing language for
Visitor-Serving Districts.

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17.12.180 Service station conversions.

17.12.190 Single-family housing, existing.

17.12.200 Single-family/office conversions.

17.12.210 Single room occupancy (SRO) facilities.

17.12.220 Visitor Serving (VS) District development standards.

17.12.230 Visitor Serving Village (V-S-V) District development standards.

17.12.240 Visitor Serving Corridor (V-S-C) District development standards.

17.12.250 Applicable regulations.

17.12.260 Commercial development design guidelines.

17.12.270 General design principles.

17.12.280 Site Planning

17.12.290 Parking and circulation.

17.12.300 Landscaping.

17.12.310 Walls and fences.

17.12.320 Screening.

17.12.330 Architectural design guidelines.

17.12.340 Roofs.

17.12.350 Awnings.

17.12.360 Signs.

17.12.370 Lighting.

17.12.380 Tattoo and body piercing establishments.

17.12.390 Mobile food vending vehicle parks.

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17.12.010 Purpose.

A. This chapter applies to all development in the commercial districts. The purpose of these zoning districts is to:

1. Allow a mixture of complementary land uses that may include retail, offices, commercial services, and civic uses, to create economic and social vitality;

2. Develop commercial areas that are safe, comfortable and attractive to pedestrians;

3. Protection of commercial and adjoining residential areas from excessive noise, illumination, unsightliness, odor, smoke, and the objectionable influences.

4. Provide flexibility in the location and design of new developments to anticipate changes in the market;

5. Reinforce streets as public places that encourage pedestrian and bicycle travel and connections to residential areas;

6. Provide both formal and informal community gathering places;

7. Provide employment opportunities for existing and future residents of the City and those of adjacent communities.

8. Provide visitor accommodations and tourism amenities.

B. The specific purpose of each individual commercial district is as follows:

1. C-N (Neighborhood Commercial). This district is intended to accommodate a limited range of neighborhood scale retail sales, business, dining, personal, and professional services conveniently located near residential areas.

2. C-G (General Commercial). This district is intended to accommodate a wide range of retail sales, business, dining, personal, and professional services, as well as entertainment and lodging.

3. C-D (Downtown Commercial). This district is intended to encourage the development of a large concentration of commercial, entertainment, and office uses in the central business area of the City, which will provide a focal point of activity for the City and the surrounding areas.

4. C-H (Highway Commercial). This district is intended to accommodate those business and retail uses which provide merchandise and services desired by motorists, directly from or for motor vehicles. The C-H district is intended to promote a unified grouping of travel-oriented uses, such as fueling stations, regional retail, entertainment, dining and hotels.

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5. C-BP (Business Park). This district is intended to facilitate a flexible administrative, medical, research, and office centers. The intent is to create, maintain, and support an environment for employment-generating businesses including administrative, professional office, limited industry, medical, research, and similar uses. It is also the intent to provide amenities, personal service, and convenient restaurant uses for people who work in the business park.

6. VS-C (Visitor-Serving Commercial). This district is intended to provide for areas appropriate for accommodations, goods, and services intended to serve primarily visitors to the City. (Ord. 712 6-2- 20; prior code § 159.06.010)

17.12.020 Permitted uses.

Alert: This item has been affected by: Ordinance 771, Ordinance 773. See the CodeAlert page for details on recent amendments and newly-added provisions.

A. Table 17.12.01 lists the uses permitted in each of the commercial and visitor-serving 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.
“TUP” Use requires a Temporary Use Permit.
“—” Use is prohibited.

B. Land uses listed in Table 17.12.01 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 the major land use categories of Commercial, Industrial, Institutional, Residential and Other.

TABLE 17.12.01
PERMITTED USES – COMMERCIAL AND VISITOR SERVING DISTRICTS USE

COMMERCIAL DISTRICTS

CODE SECTION

C-N C-G C-D C-H C-BP VS-C

BUSINESS, FINANCIAL, AND

PROFESSIONAL OFFICE
Automated Teller Machines (ATMs) –
Drive-up
AUP P P P — —
Business Support Services P P P P P P
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COMMERCIAL DISTRICTS

CODE SECTION

C-N C-G C-D C-H C-BP VS-C
Check Cashing and/or Payday Loans — P CUP — — —
Financial Institutions and Related
Services (without drive-through facilities)

P P P P P P
Office, Business and Professional P P P P P CUP

EATING AND DRINKING

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

AUP P P P P A
Restaurant – Full or Limited Service,
Serving Alcohol
CUP AUP AUP AUP AUP CUP 17.12.050
Restaurant – Full or Limited Service, No
Alcohol Sales

P P P P P P
Restaurant with Drive-through Facilities P P — P P CUP 17.12.100 Snack Bar A A A A A A

INDUSTRY, MANUFACTURING AND

PROCESSING, AND WAREHOUSING
Brewery, Winery, or Distillery — CUP CUP CUP CUP —
Data Centers — — — — AUP —
Hazardous Waste Facilities — — — — — —
Food Processing — — — — — —
Furniture and fixtures manufacturing,
cabinet shops, and woodworking shops
(wholesale sales only)
— — — — P —
Laboratory – Medical, Analytical,
Research, Testing
— — — — AUP —
Laundries and Dry-Cleaning Plants — — — — — —
Manufacturing – Heavy — — — — — —
Manufacturing – Light — — — — CUP —
Recycling
Small Collection Facility — AUP — AUP AUP —
Large Collection Facility — CUP — CUP CUP —
Light Processing — — — — — —
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COMMERCIAL DISTRICTS

CODE SECTION

C-N C-G C-D C-H C-BP VS-C
Heavy Processing — — — — — —
Reverse Vending Machine A A A A A A
Research and Development — — — — P —
Storage – Outdoor — — — — CUP —
Warehouse, Wholesaling and
Distribution
— — — — CUP —

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

MARIJUANA USES
Marijuana Nonstorefront Retail — — — — CUP1,2 — 1
In Industrial Cannabis
Overlay Zone,
marijuana use cannot
be a stand-alone use
and must in center with
other retail/commercial
uses.
2 In Overlay Zone use
Ch. 17.180 as default
regulations.

Marijuana Distribution — — — — CUP1,2 —
Marijuana Cultivation — — — — CUP1,2 —
Marijuana Entertainment Facilities CUP CUP CUP CUP CUP CUP Marijuana Hotel Facilities CUP CUP — CUP CUP CUP
Marijuana Manufacturing — — — — CUP1 —
Marijuana Storefront Retail CUP CUP — CUP CUP — 17.180.040 Marijuana Testing Facilities P P P P P P 17.180.070

MEDICAL-RELATED AND CARE
USES
Ambulance Fleet — — — — AUP —
Clinic and Urgent Care — AUP — AUP AUP —
Day Care Center — — — — — — 17.12.090
Health Facilities, Therapy and
Rehabilitation
— CUP — AUP P —
Hospital — CUP — CUP CUP —
Office, Medical and Dental Office P P P P P CUP
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COMMERCIAL DISTRICTS

CODE SECTION

C-N C-G C-D C-H C-BP VS-C
Residential Care Facilities CUP — — — — —

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

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

RESIDENTIAL USES
Accessory Dwelling Unit — — — — — —
Dwelling, Multifamily — — — — — CUP 17.12.140
Dwelling, Single-Family — — — — — —
Home Occupations — — — — — —
Single Room Occupancy (SRO) — — — — — — 17.08.200
Supportive Housing — — — — — —
Transitional Housing — — — — — —

RETAIL USES
Alcohol Beverage Sales
For Off-Site Consumption CUP AUP AUP AUP AUP AUP 17.12.050 For On-Site or Off-Site
Consumption, in Conjunction with
an Allowed Use
— CUP CUP CUP CUP CUP 17.12.050
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COMMERCIAL DISTRICTS

CODE SECTION

C-N C-G C-D C-H C-BP VS-C
Building Materials and Services, Indoor — P P P P —
Building Materials and Services,
Outdoor
— CUP — P AUP —
Convenience Store, No Alcohol Sales AUP P AUP P P P 17.12.080 Farmers’ Market TUP TUP TUP TUP TUP TUP
Grocery Store P P P P P P
Nurseries and Garden Centers — P AUP P P —
Outdoor Temporary and/or Seasonal
Sales

TUP TUP TUP TUP TUP TUP
Recreational Equipment Rentals –
Indoor Only

P P P P P A
Retail Sales – General P P P P P P
Retail Sales – Restricted — CUP CUP CUP CUP CUP
Vehicle Sales and Rental — CUP — P — — 17.12.060
Large Vehicle, Construction, and Heavy
Equipment Sales, Service, and Rental
— CUP — — CUP —

SERVICE USES
Animal Care, Services
Animal Boarding/Kennels,
Grooming

AUP P AUP P P CUP
Veterinary Services, Large Animal — P AUP P P CUP
Veterinary Services, Small Animal AUP P P P P CUP
Funeral Parlors and Internment Services — AUP — — AUP — Instructional Services P P P P P P
Maintenance and Repair Services –
Indoor

P P P P P CUP
Moving Companies, Storage Allowed — — — — AUP —
Personal Services, General P P P P P P
Personal Services, Restricted CUP CUP CUP CUP CUP CUP
Recording Studio — AUP — AUP P CUP
Social Service Facilities — P — P P P
Storage
Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 9/56 USE

COMMERCIAL DISTRICTS

CODE SECTION

C-N C-G C-D C-H C-BP VS-C
Personal — CUP — — CUP — 17.16.060
Outdoor Recreational Vehicle
Storage
— — — CUP —
Vehicle Repair and Services
Service/Fueling Station CUP CUP CUP AUP CUP — 17.12.170 Vehicle Washing/Detailing A AUP A AUP AUP —
Vehicle Service, Minor — AUP — P P —
Vehicle Service, Major — — — CUP —

TRANSPORTATION,

COMMUNICATION, AND

INFRASTRUCTURE USES
Car Sharing – Parking AUP AUP AUP AUP AUP AUP
Parking Facility – Temporary TUP TUP TUP TUP TUP TUP
Utility Facilities – Staffed — AUP — AUP AUP —
Utility Facility – Unstaffed AUP AUP — AUP AUP AUP
Vehicle Charging Stations – Commercial AUP P P P P P
Vehicle Storage — — — — CUP —
Wireless Communication Facilities –
Minor

AUP AUP AUP AUP AUP AUP
Wireless Communication Facilities –
Major

CUP CUP CUP CUP CUP CUP
Wireless Telecommunication Facilities,
Satellite Dish Antenna

P P P P P P

OTHER USES
Caretaker Quarters — — — — AUP A
Donation Boxes – Outdoors — — — — CUP —
Drive-Through or Drive-Up Facilities — AUP — AUP AUP —
Vending Machine A A A A A A
(Ord. 762 6-21-22; Ord. 728 1-19-21; ord. 727 1-19-21; Ord. 712 6-2-20; Ord. 610 5-2-17; Ord. 524 § 5, 2010; prior code § 159.06.020)

17.12.030 Land use district development standards.

Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 10/56 A. General Standards. The following standards are minimum unless stated as maximum. The following standards shall apply to development in all commercial 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 approved by the Planning Commission.

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 3 sides by a solid wall 6 feet in height and on the fourth side by a solid gate not less than 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 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 or enhancing of neighboring structures.

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

B. Site Development Standards.

1. C-N (Neighborhood Commercial) District.

Gross lot area 8 to 10 acres (min. to max.)
Individual lot area 7,200 sq. ft. (min.)
Maximum floor-area ratio 0.30
Distance between buildings 20 feet
Maximum building height 35 feet
Front setbacks 25
Rear setback
Zero (except 10 feet adjacent to a street and 20 feet
adjacent to residential)
Item Number: 1.

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Zero (except 10 feet adjacent to a street and 20 feet
adjacent to residential)

2. C-G (General Commercial) District.

Gross lot area 2.5 to 5 acres (min. to max.)
Individual lot area 5,000 sq. ft. (min.)
Maximum floor-area ratio 0.30
Distance between buildings 20 feet
Maximum building height 35 feet
Front setbacks 10 feet
Rear setback
Zero (except 10 feet adjacent to a street and 20 feet
adjacent to residential)
Side setbacks
Zero (except 10 feet adjacent to a street and 20 feet
adjacent to residential)

3. C-D (Downtown Commercial) District.

Gross lot area 2.5 to 5 acres (min. to max.)
Individual lot area 5,000 sq. ft. (min.)
Maximum floor-area ratio 0.30
Distance between buildings 20 feet
Maximum building height 35 feet
Front setbacks 10
Rear setback
Zero (except 10 feet adjacent to a street and 20 feet
adjacent to residential)

4. C-H (Highway Commercial) District.

Gross lot area 10 to 20 acres (min. to max.)
Individual lot area 10,000 sq. ft. (min.)
Maximum floor-area ratio 0.30
Distance between buildings 20 feet
Maximum building height 50 feet
Front setbacks 10
Item Number: 1.

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Zero (except 10 feet adjacent to a street and 20 feet
adjacent to residential)
Side setbacks
Zero (except 10 feet adjacent to a street and 20 feet
adjacent to residential)

5. C-BP (Business Park) District.

Gross lot area 10 to 20 acres (min. to max.)
Individual lot area 10,000 sq. ft. (min.)
Maximum floor-area ratio 0.30
Distance between buildings 20 feet
Maximum building height 50 feet
Front setbacks 10 feet
Rear setback
Zero (except 10 feet adjacent to a street and 20 feet
adjacent to residential)
Side setbacks
Zero (except 10 feet adjacent to a street and 20 feet
adjacent to residential)

6. VS-C (Visitor Serving Commercial) District.

Gross lot area 2.5 to 5 acres (min. to max.)
Individual lot area 5,000 sq. ft. (min.)
Maximum floor-area ratio 0.30
Distance between buildings 10 feet
Maximum stories 3
Maximum building height 35 feet
Front setback 20 feet
Street side setback 15 feet
Rear setback 10 feet and 20 feet if adjacent to residential Side setbacks 10 feet and 20 feet if adjacent to residential (Ord. 716 9-1-20; prior code § 159.06.030(1))

17.12.040 Land use district specific standards.

Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 13/56 In addition to the general development requirements contained in Chapter 17.40 (Property Development Standards), the following standards shall apply to specific commercial land use districts. For residential uses in commercial land use districts, see Table 17.08.01 and the standards contained in Chapter 17.08.

TABLE 17.12.02

COMMERCIAL DISTRICT SPECIFIC STANDARDS
Specific Standards C-N C-C C-G
Alcohol beverage control “ABC” license + + +
Automobile sales + + +
Bonus height + +
Convenience stores + +
Day care centers +
Drive-through restaurants + + +
Indoor retail concession malls + + +
Mini-malls + + +
Multifamily housing + +
Recycling facilities for reusable domestic containers + + + Senior citizens/congregate care housing +
Service stations + + +
Service station conversions + + +
Single-family housing, existing + + +
Single-family/office conversions + + +
Single room occupancy facilities +
Wind energy conversion systems (WECS) * * *
Key: “+” applies in the land use district.
* See Chapter 17.16, Industrial Development Standards.
(Prior code § 159.06.030(2))

17.12.050 Alcohol beverage control “ABC” license.

A business or establishment requiring issuance of an “ABC” license is subject to a Conditional Use Permit, and shall comply with the following standard(s), in addition to conditions imposed by the Commission:

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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 14/56 A. Establishments subject to an off-site “ABC” license shall not be located within 500 feet of any religious institution, school, or public park within the City; and shall not be located in such close proximity to another similar use to cause over-saturation of the neighborhood. The license application shall be reviewed by the Police Department prior to City approval.

B. Sit down restaurants whose predominant function is the service of food where the on-site sale of alcoholic beverages is incidental or secondary are exempt from the requirement for a Conditional Use Permit; an incidental bar or lounge shall be allowed for the convenience of dining patrons. (Establishments which are primarily a bar or lounge or have a bar or lounge area as a principal or independent activity are not included in this exemption.) (Prior code § 159.06.030(2)(A))

17.12.060 Automobiles sales.

Automobile sales dealerships, new and/or used, in the City must conform to the intent of this Zoning Ordinance and shall enhance and promote the image of the City. A Conditional Use Permit shall be required, and all dealerships must be constructed in the following manner:

A. The minimum site area shall be 15,000 square feet, except where a larger minimum area is required.

B. All parts, accessories, etc., shall be stored within a fully enclosed building.

C. Service and associated car storage areas shall be screened from public view.

D. All on-site lighting shall be stationary, and directed away from and sensitive to adjoining properties and public rights-of-way.

E. All landscaping shall be installed and permanently maintained pursuant to the provisions of Chapter

17.56 (Landscaping Standards).

F. All on-site signage shall comply with the provisions of Chapter 17.44 (Sign Standards).

G. All loading and unloading of vehicles shall occur on-site and not in adjoining streets or alleys.

H. All vehicles associated with the business shall be parked or stored on-site and not in adjoining streets and alleys.

I. An adequate on-site queuing area for service customers shall be provided. Required parking spaces may not be counted as queuing spaces.

J. No vehicle service or repair work shall occur except within a fully enclosed structure. Service bays with individual access from the exterior of the structure shall not directly face or front on a public right-ofway.

K. All on-site parking shall comply with provisions of Chapter 17.48 (Off-Street Parking Standards). A parking plan shall be developed as part of the permit review process.

Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 15/56 L. Every parcel with a structure shall have a trash receptacle on the premises. The trash receptacle shall comply with applicable Planning and Public Works Department standards and be of sufficient size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least 3 sides by a solid wall 6 feet in height and on the fourth side by a solid gate not less than 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 for all new development projects and all new construction in existing projects. (Prior code § 159.06.030(2)(B))

17.12.070 Bonus height.

Proposed structures shall not exceed the maximum height limit of the district. This section provides a special incentive to increase the maximum allowable height limit through a program which encourages such additional amenities as deemed desirable by the Commission. These amenities may include, but are not limited to the following:

A. Mixed use developments (i.e., residential above commercial office and retail uses, restaurants, theaters, etc.);
B. Enhanced pedestrian activities;
C. Improved signage and additional landscaping;
D. Additional parking;
E. Ground level and second floor plazas;
F. Outdoor cafes;
G. Artistic sculptures and aquatic amenities; and
H. Day care centers. (Prior code § 159.06.030(2)(C))

17.12.080 Convenience stores.

The retail sale of groceries, staples, sundry items and/or alcoholic beverages where the gross floor area is less than 5,000 square feet is subject to Development Permit review, and shall be constructed and operated in the following manner:

A. The minimum site area shall be 10,000 square feet.

B. The site shall have direct frontage along a major or secondary street. The site shall not have primary access on a local residential street.

C. One access drive may be permitted for each street frontage. The design and location of the access drive(s) shall be subject to the approval of the City Engineer and the Commission. Access drives may not be permitted on limited access roadways (including Mission Lakes Boulevard, Pierson Boulevard, Two Bunch Palm Trail, Indian Avenue, Little Morongo and Palm Drive).

Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 16/56 D. All on-site lighting shall be energy efficient, stationary and directed away from adjoining properties and public rights-of-way.

E. All on-site signage shall comply with the provisions of Chapter 17.44 (Sign Standards).

F All landscaping shall be installed and permanently maintained pursuant to the provisions of Chapter

17.56 (Landscaping Standards).

G. All on-site parking shall comply with the provisions of Chapter 17.48 (Off-Street Parking Standards).

A parking plan shall be part of the permit review process.

H. The premises shall be kept in a neat and orderly condition at all times.

I. Every parcel with a structure shall have a trash receptacle on the premises. The trash receptacle shall comply with adopted City standards and be of sufficient size to accommodate the trash generated.

The receptacle(s) shall be screened from public view on at least 3 sides by a solid wall 6 feet in height and on the fourth side by a solid gate not less than 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 for all new development projects and all new construction in existing projects.

J. If on-site dispensing of automotive fuels is provided, the design, location and operation of these facilities shall be consistent with the provisions of Section 17.12.170 (Service stations standards).

Additionally, the cashier location shall be provided with direct visual access to the pump islands and the vehicles parked adjacent to the islands.

K. A bicycle rack shall be installed in a convenient location visible from the inside of the store.

L. Each convenience store shall provide a public restroom located within the store.

M. Public pay telephones shall be prohibited.

N. On-site video games may not be installed or operated on the premises.

O. A convenience store adjacent to any residentially designated district shall have a 6-foot-high decorative masonry wall along property lines adjacent to such districts.

P. All parking, loading, circulation aisles, and pump island bay areas shall be constructed with (PCC) concrete. (Ord. 711 5-19-20; prior code § 159.06.030(2)(D))

17.12.090 Day care centers.

Refer to Section 17.08.060. (Prior code § 159.06.030(2)(E))

17.12.100 Drive-through restaurants.

This section contains standards for drive-through restaurants as well as prohibition of same in specified land use districts. Drive-through restaurants are subject to Development Permit review.

Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 17/56 A. Establishments providing drive-through facilities may be permitted in the C-N, C-C and C-G zoning districts.

B. Pedestrian walkways should not intersect the drive-through aisles, but where they do, they shall have clear visibility, and they must be emphasized by enriched paving or striping.

C. Drive-through aisles shall have a minimum 12-foot width on curves and a minimum 11-foot width on straight sections.

D. Drive-through aisles shall provide sufficient stacking area behind menu boards to accommodate a minimum of 4 cars.

E. All service areas, restrooms and ground-mounted and roof-mounted mechanical equipment shall be screened from view.

F. Landscaping shall screen drive-through or drive-in aisles from the public right-of-way and shall be used to minimize the visual impact of readerboard signs and directional signs.

G. Drive-through aisles shall be constructed with (PCC) concrete.

H. Parking areas and the drive-through aisle and structure shall be set back from the ultimate curbface a minimum of 25 feet.

I. Menu boards shall be a maximum of 30 square feet, with a maximum height of 7 feet, and shall face away from the street.

J. Drive-through restaurants within an integrated shopping center shall have an architectural style consistent with the theme established in the center. The architecture of any drive-through restaurant must provide compatibility with surrounding uses in form, materials, colors, scale, etc. Structure plans shall have variation in depth and angle to create variety and interest in its basic form and silhouette.

Articulation of structure surface shall be encouraged through the use of openings and recesses which create texture and shadow patterns. Structure entrances shall be well articulated and project a formal entrance through variation of architectural plane, pavement surface treatment, and landscape plaza.

K. No drive-through aisles shall exit directly onto a public right-of-way. (Prior code § 159.06.030(2)(F))

17.12.110 Indoor retail concession malls.

Indoor retail concession malls are subject to a Conditional Use Permit and shall comply with the following standards:

A. Additional refuse containers may be required.

B. A centralized loading area is required.

C. A parking study may be required which addresses available off-street parking for establishments which are proposed for tenant suites within existing multi-tenant, commercial centers.

Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 18/56 D. Indoor retail concession malls shall be considered to be 1 tenant for purposes of Zoning Ordinance sign standards. (Prior code § 159.06.030(2)(G))

17.12.120 Outdoor dining.

Outdoor dining shall be a development permitted use (Development Permit required) in all zoning districts in which restaurant uses are permitted or conditionally permitted within the City. In addition to meeting all standards necessary for the approval of a Development Permit, such use shall further comply with all of the following standards and conditions:

A. Parking shall be provided pursuant to the off-street parking standards set forth in Chapter 17.48 of this code.

B. No area used for open air dining shall be located in the public right-of-way except as provided in this section.

C. Any lighting in outdoor dining areas shall comply with all applicable City ordinances regulating outdoor lighting and shall be of a design that is directed away from and avoids disruptions to nearby properties and uses. Flame lighting such as Tiki torches shall only be permitted if encased in a design that eliminates fire safety hazards in a manner satisfactory to the City’s Fire Department.

D. Reviewing Authority.

1. Unless otherwise specified herein, the reviewing authority for a Development Permit for outdoor dining shall be the Director of Community Development. If, in the opinion of the Director, an application merits review by the Planning Commission, the Director may refer such application to the Planning Commission, and the Commission shall serve as the reviewing authority and shall conduct a noticed public hearing regarding the request consistent with Chapter 17.104.

2. Notwithstanding the provisions of subsection (D)(1) of this section, if the application for a Development Permit for outdoor dining accompanies an application for any other type of discretionary approval from the Planning Commission or City Council for the same site area, the Planning Commission or City Council, as appropriate, shall be the reviewing authority for the application for a Development Permit for outdoor dining and shall conduct a noticed public hearing regarding the request.

E. Outdoor Dining in the Public Rights-of-Way. No outdoor dining use shall be established in the public right-of-way without further complying with the following conditions:

1. A minimum distance of not less than a 5-foot-wide wheelchair accessible path of travel pedestrian aisle shall be maintained on the public right-of-way at all times: to assure the required pedestrian travel aisle, all outdoor dining areas shall be set back a minimum of 5 feet from the edge of the curb and any fixed sidewalk obstruction including, without limitation, curblines, tree wells, street trees, parking meters, water hydrants, light poles, utility equipment boxes, newspaper racks and bus benches.

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2. Umbrellas located in the outdoor dining area shall have a minimum 7-foot clearance from the ground to the lowest element of the umbrella and shall be located completely within the outdoor dining area’s permitted boundaries. No writing or graphic of any type shall be permitted upon the umbrella or upon any other furniture located in the outdoor dining area.

3. Portable heaters shall be located a minimum of 3 feet from any combustible material and shall be located completely within the outdoor dining area’s permitted boundaries.

4. Unless a permanent structure is approved pursuant to the Development Permit, all fixtures and furniture used in an outdoor dining area shall be removed from the public right-of-way and stored out of public view during non-business hours. At the discretion of the reviewing authority, outdoor dining areas with more than 8 chairs that present increased safety risks due to their configuration may be required to provide a permanent barrier delineating the usable open air dining area from the public right-of-way.

5. The outdoor dining area must be immediately adjacent to and abutting the associated restaurant space. Areas used for outdoor dining shall not extend beyond the building frontage for the associated restaurant space.

6. The material and design of the furniture (including umbrellas) and barrier, if any, shall be reviewed and approved by the reviewing authority prior to installation. The reviewing authority shall consider whether the design of the furniture and barrier are integrated and compatible in terms of color, shape and size with the adjacent restaurant and shall further ensure that all outdoor furniture and other permitted structures are of a size, shape and weight that can resist being moved in severe wind conditions.

7. An encroachment permit allowing establishment of an outdoor dining area shall be issued by the Public Works Department in a form satisfactory to the City Attorney. Such permit shall be conditioned in a manner acceptable to the City Attorney to protect the health, safety and welfare of the City and its citizens, and shall include, without limitation, reasonable insurance requirements and indemnification provisions acceptable to the City Attorney to protect persons and the City from injury and risks associated with the outdoor dining use.

8. Areas used for outdoor dining in the public right-of-way shall comply with all applicable provisions of the City’s building codes, including, but not limited to, maintaining proper building egress and ingress at all times, observing maximum seating capacities, providing proper circulation, and providing appropriate handicap access.

9. An annual rental fee payable to the City shall be imposed on the use or operation of outdoor dining areas located in the public right-of-way. The rental fee schedule shall be set by resolution of the City Council. In the event that a permit is suspended pursuant to this section, rental fees shall not be required to be paid during the period of suspension.

10. Areas used for outdoor dining in the public right-of-way shall at all times be maintained in a neat and orderly manner free from any visible signs of disrepair.

Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
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11. Music, whether live or prerecorded, and any other form of live or prerecorded entertainment, shall not be broadcast or performed within outdoor dining areas occupying the public right-of-way.

Electronic sound amplification equipment (e.g., speakers, microphones, amplifiers, sound receivers) is prohibited within outdoor dining areas occupying the public right-of-way.

12. Alcohol served in outdoor dining areas in the public right-of-way shall only be served in its original container or in nondisposable drinkware. A permittee serving alcohol within a sidewalk dining area shall place a notation on the menus provided to patrons that states in bold lettering of a size that is no smaller than 1/4 of an inch in height:
“People consuming alcohol on the public sidewalk or other public place outside of this outdoor dining area are subject to arrest. DHSMC Section 9.08.040.” Any outdoor dining area located in the public right-of-way that intends to serve alcohol shall be required to have a barrier satisfactory to the reviewing body cordoning off the entire outdoor dining area from the public sidewalk or other public areas.

13. All outdoor dining areas located in the public right-of-way shall remain free of litter at all times.

14. There shall be no modification of the texture of the surface of the public right-of-way to accommodate the outdoor dining facilities.

15. Outdoor dining areas located in the public right-of-way shall not interfere with visibility, vehicular or pedestrian mobility.

16. Use, occupation and obstruction of the public right-of-way for outdoor dining purposes is a revocable privilege. As such, a Development Permit may be suspended or revoked according to procedures of this chapter when, in the discretion of the Director of Community Development, the Police Chief, the Fire Chief, the City Engineer, the Public Works Director, or the City Manager, any such use, occupation or obstruction may interfere with public safety efforts or programs, street improvement activities, construction activities, public utility installations, cleaning efforts or other similar activities or with the health, welfare or safety of the citizens of the City.

17. Consistent with Section 17.44.060 of the City’s Zoning Ordinance, no signs, including, without limitation, portable signs or A-frame signs, shall be permitted in the outdoor dining area occupying the public right-of-way.

F. In addition to any other noticing requirements provided in this Zoning Ordinance, the following noticing requirements shall apply to Development Permit applications for outdoor dining uses:

1. A notice of application, in a form approved by the City, shall be posted in a conspicuous place on the subject site of any proposed outdoor dining use within 3 days after an application for an outdoor dining permit has been deemed complete. Such notice shall be visible from a distance of 60 feet and shall remain posted in such conspicuous place for no less than 10 days. Within 5 days of posting, the applicant for an outdoor dining permit shall submit an affidavit to the City certifying such notice has been posted in compliance with this provision.

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2. A notice of intended decision regarding an application for an outdoor dining permit shall be mailed at least 10 days prior to any decision rendered by the Director of Community Development to all property owners and residential occupants within 100 feet of the exterior boundaries of a project site.

3. A notice of public hearing shall be mailed at least 10 days prior to any hearing held by a reviewing authority other than the Director of Community Development, by United States mail, postage paid, to all property owners and occupants within 100 feet of the exterior boundaries of a project site, as shown on the latest equalized assessment roll.

4. When a decision regarding a Development Permit for outdoor dining is rendered by the Director of Community Development, then a notice of decision shall be mailed in the same manner as the notice of intended decision.

G. All outdoor dining areas shall comply with the City’s noise ordinances, including, without limitation, Section 17.40.180 (Noise) of this code.

H. In approving a Development Permit for outdoor dining, the reviewing authority may impose such conditions as may be reasonably necessary to protect the public health, safety and general welfare, and to ensure that the proposed outdoor dining use is established and conducted in a manner that is consistent with this section and the development standards for the underlying commercial zone. The conditions imposed by the reviewing authority may include, but shall not be limited to:

1. The appropriate setback for the proposed outdoor air dining use;

2. Pedestrian access and safety;

3. Barrier requirements surrounding the proposed open air dining use;

4. The time limit on the permit;

5. Restrictions governing the hours the proposed outdoor dining use may operate;

6. Design restrictions to ensure neighboring properties and uses are not negatively impacted by noise, light or other attributes of the outdoor dining use.

I. Revocation or suspension of a Development Permit for outdoor dining shall occur pursuant to the standards and procedures set forth in applicable sections of Chapter 4.36 of the Desert Hot Springs Municipal Code.

J. Any violation of subsection A, B, C, D, E, or G of this section shall constitute a public nuisance and an infraction, subject to all remedies available by law. (Ord. 695 10-15-19; prior code § 159.06.030(2)(G1))

17.12.130 Mini-malls.

Mini-malls (small scale, up to 30,000 square feet, multi-tenant shopping centers) are subject to a Development Permit and shall comply with the following standards.

Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 22/56 A. All development and operational standards outlined in Section 17.12.080 (Convenience Stores), except for items in subsections D and Q, shall apply.

B. The development shall provide internal continuity, uniformity, and compatibility relating to architectural design, vehicular and pedestrian access, and on-site provisions for landscaping, loading, parking and signage.

C. To the extent feasible, the on-site vehicular circulation system shall provide continuity with adjacent and similar commercial developments.

D. No outdoor displays or sale of merchandise shall be permitted. However, limited outdoor sales may be allowed subject to the issuance of a Temporary Use Permit.

E. Every parcel with a structure shall have a trash receptacle on the premises. The trash receptacle shall comply with adopted Public Works Department standards and be of sufficient size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least 3 sides by a solid wall 6 feet in height and on the fourth side by a solid gate not less than 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 for all new development projects and all new construction in existing projects. (Prior code § 159.06.030(2)(H))

17.12.140 Multifamily housing.

Refer to Section 17.08.140. (Prior code § 159.06.030(2)(I))

17.12.150 Household recycling facilities for reusable domestic containers.

A. Household recycling facilities are subject to permit review in all commercial and industrial land use districts according to the following schedule:

Type of Facility Districts Permitted Permit Required
Reverse vending machine(s)
and machine(s) vending
All commercial and all
industrial
Development Permit up to 5
reverse vending machines
Small collection C-G, C-N, C-C Development Permit
Large collection C-N, C-C and all industrial Conditional Use Permit Light processing All industrial Conditional Use Permit
Heavy processing All industrial Conditional Use Permit
B. For the purposes of this section, the following definitions shall apply:

Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 23/56 “Collection facility” means a center for the acceptance by donation, redemption or purchase of recyclable materials from the public, which may include the following:

1. Reverse vending machine(s).

2. Small collection facilities which occupy an area of less than 500 square feet and may include:
a. A mobile unit;
b. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet; and
c. Kiosk-type units which may include permanent structures.

3. Large collection facilities which may occupy an area of more than 500 square feet and may include permanent structures.
“Convenience zones” means an area within a 1/2 mile radius of a supermarket. “Mobile recycling unit” means an automobile, truck, trailer, or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials, including bins, boxes, or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials. “Processing facility” means a building or enclosed space used for the collection and processing of recyclable materials to prepare for either efficient shipment or to an end user’s specifications by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Processing facilities include the following:

1. Light processing facility occupies an area of under 45,000 square feet of collection, processing and storage area, and averages 2 outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.

2. A heavy processing facility is any processing facility other than a light processing facility. “Recycling facility” means a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers located on a residential, commercial or manufacturing designated parcel used solely for the recycling of material generated on the parcel. “Recycling or recyclable material” means reusable domestic containers, including, but not limited to, metals, glass, plastic and paper which are intended for reuse, remanufacture, or reconstitution for the purpose of using in altered form. Recyclable material does not include refuse or hazardous materials.

Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 24/56 “Reverse vending machine” means an automated mechanical device which accepts at least 1 or more types of empty beverage containers, including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the State. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than 1 container at a time and will pay by weight instead of by container. “Supermarket” means a full-service, self-service retail store with gross annual sales of $2,000,000 or more, and which sells a line of grocery, canned goods, or non-food items and some perishable items.

C. The standards for recycling facilities are as follows:

1. Reverse vending machine(s) located within a commercial structure shall require a Development Permit, shall not require additional parking spaces for recycling customers, and may be permitted in all commercial and industrial land use districts subject to compliance with the following standards:
a. Shall be installed as an accessory use to a commercial use which is in full compliance with all applicable provisions of this Zoning Ordinance and the municipal code; b. Shall be located within 30 feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation;
c. Shall not occupy parking spaces required by the primary use; d. Shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than 8 feet in height; e. Shall be constructed and maintained with durable waterproof and rustproof material; f. Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;
g. Shall have a sign area of a maximum of 4 square feet per machine, exclusive of operating instructions;
h. Shall be maintained in a clean, sanitary, and litter-free condition on a daily basis; i. Shall have operating hours consistent with the operating hours of the primary use; j. Shall be illuminated to insure comfortable and safe operation if operating hours are between dusk and dawn; and
Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 25/56 k. Shall maintain an adequate on-site refuse container for disposal of nonhazardous waste.

2. Small collection facilities located within applicable commercial and industrial land use districts shall be subject to a Development Permit, and comply with the following standards:
a. Shall be installed as an accessory use to an existing commercial use which is in full compliance with all applicable provisions of this Zoning Ordinance and the municipal code; b. Shall be no larger than 500 square feet and occupy no more than 5 parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;
c. Shall be set back at least 10 feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation;
d. Shall accept only glass, metals, plastic containers, papers and reusable items; e. Shall use no power-driven processing equipment except for reverse vending machines; f. Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule;
g. Shall store all recyclable material in the mobile unit vehicle and shall not leave materials outside of the unit when attendant is not present;
h. Shall be maintained in a clean and sanitary manner free of litter and any other undesirable materials, including mobile facilities;
i. Shall not exceed noise levels of 65 dBA as measured at the property line of adjacent residential land use districts;
j. Attended facilities shall not be located within 100 feet of any residential land use district; k. Collection containers, site fencing, and signage shall be of such color and design so as to be compatible with and to harmonize with the surrounding uses and neighborhood; l. Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation and display a notice stating that no material shall be left outside the recycling enclosure of containers;
m. Signs may be provided as follows:
i. Recycling facilities may have identification signs with a maximum of 15% per side of a structure or 16 square feet, whichever is greater. In the case of a wheeled facility, the side will be measured from the ground to the top of the container, Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 26/56 ii. Signs shall be consistent with the character of their location, and iii. Directional signs, consistent with Chapter 17.44 (Sign Standards), bearing no advertising message may be installed with the approval of the Director if found necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way; n. The facility shall not impair the landscaping required by Chapter 17.56 (Landscaping Standards) for any concurrent use;
o. No additional parking space shall be required for customers of a small collection facility located at the established parking lot of the primary use. One space will be provided for the attendant, if needed;
p. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present; q. Occupation of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required for the primary use unless all of the following conditions exist:
i. A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site, and ii. The permit shall be reviewed at the end of 18 months; r. Small collection facilities shall not be 24-hour operations; s. Small collection facilities may be subject to landscaping and/or screening as determined by the review authority; and
t. Shall maintain adequate refuse containers for the disposal of nonhazardous waste.

3. A large collection facility which is larger than 500 square feet, or on a separate parcel not accessory to a “primary” use, which has a permanent structure is permitted in the commercial, and industrial land use districts, subject to a Conditional Use Permit, and the following standards:
a. The facility does not abut a parcel designated or planned for residential use; b. The facility shall be screened from the public right-of-way, within an enclosed structure; c. Structure setbacks and landscape requirements shall be those provided for the land use district in which the facility is located;
d. All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition. Outdoor storage shall be screened by a 6-foot, solid decorative masonry wall. No storage, excluding truck trailers shall be visible above the height of the wall. No outdoor storage shall be permitted in the land use districts, which do not permit outdoor storage;
Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 27/56 e. The site shall be maintained clean, sanitary and free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis; f. Space shall be provided on-site for 6 vehicles to circulate and to deposit recyclable materials;
g. Four parking spaces for employees plus 1 parking space for each commercial vehicle operated by the recycling facility shall be provided on-site; h. Noise levels shall not exceed 65 dBA as measured at the property line of adjacent residential land use districts;
i. If the facility is located within 500 feet of property designated, or planned for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.; j. Any containers provided for after hours donation of recyclable materials shall be at least 50 feet from any residential land use district permanently located, of sturdy rustproof construction, and shall have sufficient capacity to accommodate materials collected and be secure from unauthorized entry or removal of materials; k. Donation areas shall be kept free of litter and any other undesirable material and the containers will be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers;
l. The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs shall meet the standards of the land use district; and directional signs bearing no advertising message may be installed with the approval of the Director, if necessary to facilitate traffic circulation; and m. Adequate refuse containers for the disposal of non-hazardous waste shall be permanently maintained on-site.

4. Light processing facilities and large processors shall be permitted in all industrial land use districts subject to a Conditional Use Permit, and shall comply with the following standards:
a. The facility shall not abut a residentially designated parcel; b. In the I-L land use district, processors shall operate within a completely enclosed structure;
c. Power-driven processing shall be permitted provided all noise level requirements are met.

Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials;
Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 28/56 d. A light processing facility shall be no larger than 45,000 square feet and shall have no more than an average of 2 outbound truck shipments of material per day and shall not shred, compact or bale ferrous metals other than food and beverage containers; e. Structure setbacks and landscaping requirements shall be those provided for the land use district in which the facility is located;
f. All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition. Storage containers for flammable materials shall be constructed of nonflammable material. No storage excluding truck trailers shall be visible above the height of the required walls; g. The site shall be maintained in a clean manner and free of litter and any other undesirable material(s). Loose debris shall be collected on a daily basis and the site shall be secured from unauthorized entry and removal of materials when attendants are not present; h. Space shall be provided on-site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, a parking area shall be provided for a minimum of 10 customers at any 1 time; i. One employee space shall be provided for each commercial vehicle operated by the processing center;
j. Noise levels shall not exceed 65 dBA as measured at the property line of residential land use districts;
k. If the facility is located within 500 feet of property designated or planned for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility shall be administered by on-site personnel during the hours the facility is open; l. Any containers provided for after-hours donation of recyclable materials shall be at least 100 feet from any residential land use district parcel, and shall be sturdy, rustproof construction, with sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials;
m. Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers;
n. Signs shall be installed pursuant to Chapter 17.44 (Sign Standards). Additionally, the facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation;
o. No dust, fumes, smoke, vibration or odor above ambient level shall be detectable from adjacent residentially designated parcels; and
Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 29/56 p. The facility shall maintain adequate on-site refuse containers for the disposal of nonhazardous waste. (Prior code § 159.06.030(2)(J))

17.12.160 Senior citizen/congregate care housing standards.

Refer to Section 17.08.180. (Prior code § 159.06.030(2)(K))

17.12.170 Service station (gasoline) standards.

Service stations are subject to a Development Permit and shall comply with the following standards:

A. New service stations shall be permitted only at the intersections of major and secondary arterials, their intersections with freeway off-ramps, and as tenants of multi-tenant shopping centers, provided that they are integrated into the design of the shopping centers. A maximum of 2 service stations shall be permitted at each intersection. The use shall not adjoin a residential land use district.

B. The minimum parcel size shall be 15,000 square feet, with a minimum structures footage of 100 feet on each street.

C. All activities and operations shall be conducted entirely within an enclosed structure, except as follows:

1. The dispensing of petroleum products, water and air from pump islands;

2. The provision of emergency service of a minor nature;

3. The sale of items via vending machines which shall be placed next to the main structure in a designated area not to exceed 32 square feet, and which must be screened from public view.

D. Pump islands shall be located a minimum of 20 feet from a street property line, however, a canopy or roof structure over a pump island may encroach up to 10 feet within this distance. Additionally, the cashier location shall provide direct visual access to the pump islands and the vehicles parked adjacent to the islands.

E. The maximum number of points of ingress/egress to any 1 street shall be 2.

F. There shall be a minimum distance of 30 feet between curb cuts along a street frontage.

G. No driveway may be located closer than 35 feet to the curb return.

H. The width of a driveway may not exceed 36 feet at the sidewalk.

I. On-site parking shall be provided at 1 space for each pump island, plus 1 space for each service bay.

J. Outside storage of motor vehicles is prohibited.

K. No vehicles may be parked on sidewalks, parkways, driveways or alleys.

L. No vehicle may be parked on the premises for the purpose of offering it for sale.

Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 30/56 M. Landscaping shall comprise a minimum of 15% of the service station-site area, exclusive of required setbacks, and shall be provided and permanently maintained according to the following regulations, as well as those contained in Chapter 17.56 (Landscaping Standards).

1. A minimum 5-foot-wide (inside dimension), 6-inch-high planter area shall be provided along interior property lines, except for openings to facilitate vehicular circulation to adjacent properties.

Where adjacent to a periphery wall, trees planted not more than 16 feet apart shall be included in the planter areas.

2. A planter area of not less than 200 square feet shall be provided at the corner of 2 intersecting streets. Landscaping shall not exceed a height of 30 inches.

3. A minimum of 50 square feet of planter area shall be located along those portions of the main structure fronting on a public street.

4. Additional landscaping may be required to screen the service station from adjacent properties.

N. All on-site signage shall comply with the provisions of Chapter 17.44 (Sign Standards).

O. Openings of service bays shall not face the public right-of-way and shall be designed to minimize the visual intrusion onto adjoining properties.

P. No used or discarded automotive parts or equipment, or disabled, junked or wrecked vehicles may be located in any open area outside the main structure.

Q. Every parcel with a structure shall have a trash receptacle on the premises. The trash receptacle shall comply with adopted Public Works Department standards and be of sufficient size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least 3 sides by a solid wall 6 feet in height and on the fourth side by a solid gate not less than 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 for all new development projects and all new construction in existing projects.

R. All light sources, including canopy, perimeter, and flood shall be energy efficient, stationary and shielded or recessed within the roof canopy so that the service station shall be indirectly visible and light is deflected away from adjacent properties and public rights-of-way. Lighting shall not be of such a high intensity as to cause a traffic hazard or adversely affect adjoining properties. No luminary shall be higher than 15 feet above finished grade.

S. Where an existing service station adjoins property in a residential land use district, a 6-foot-high decorative masonry wall shall be constructed at the time the station requires a permit for the on-site improvement/modification. Materials, textures, colors and design of the wall shall be compatible with onsite development and adjoining properties. When the wall reaches the established frontyard setback line of a residentially designated lot abutting or directly across an alley from the service station, it shall decrease to a height of 30 inches.

Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 31/56 T. Restroom entrances viewable from adjacent properties or public rights-of-way shall be concealed from view by planters or decorative screening.

U. Noise from bells or loudspeakers shall not be audible beyond the property line at any time.

V. All parking, loading, circulation aisles, and pump island bay areas shall be constructed with (PCC) concrete. (Prior code § 159.06.030(2)(L))

17.12.180 Service station conversions.

A structure originally constructed as a service station and which is proposed for conversion to another allowable use shall require upgrading and remodeling for such items as, but not limited to, removal of all gasoline appurtenances, removal of canopies, removal of pump islands, removal of gas tanks, removal of overhead doors, additional street improvements or modification of existing improvements to conform to access regulations, exterior remodeling, and any additional standards as required by this Zoning Ordinance. (Prior code § 159.06.030(2)(M))

17.12.190 Single-family housing, existing.

Additions, alterations and expansion to single-family units which legally existed in the commercial and industrial districts prior to October 2000, shall comply with the R-L-1 District Standards. (Prior code § 159.06.030(2)(N))

17.12.200 Single-family/office conversions.

A structure originally constructed as a family residence which is proposed for conversion to a low intensity office use shall require the following:

A. The building elevations and the landscaping between the front property line and the building front shall be maintained in their residential character.

B. Parking shall be provided to the rear of the structure. Access may be permitted from the original driveway if there is a minimum width of 10 feet.

C. Any trees with a trunk diameter greater than 6 inches shall be preserved. If it becomes necessary to remove a tree with a trunk diameter greater than 6 inches, each tree removed shall be replaced on a 2:1 ratio with 36-inch box trees.

D. If the rear property line abuts an alley, access to parking shall be provided from the alley whenever possible.

E. Where 2 or more single-family residences adjacent to one another are converted to office uses, reciprocal access and parking may be required.

F. Parking spaces shall be provided as determined at project review. To the greatest extent possible professional office parking requirements shall be met. Landscaping requirements may be reduced to provide adequate parking.

Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 32/56 G. Unattended tandem parking will be permitted if it is determined such parking would be appropriate and effectively used.

H. Parking lot landscaping may be reduced to 5% of the parking area (plus setbacks) if it is deemed necessary in order to provide adequate parking spaces.

I. Loading spaces are not required.

J. A monument sign shall be permitted with the following standards:

1. Maximum height: 4 feet.

2. Maximum area: 16 square feet

3. Minimum distance from property line: 10 feet.

4. No illumination shall be permitted.

K. The structure shall be made to conform to the provisions of the Uniform Fire Code and the Uniform Building Code for commercial structures.

L. Trash receptacles should be placed to the rear of the structure and screened from view. Location and size of receptacles will be determined at project review. Recycling facilities and programs shall be incorporated into refuse storage/disposal areas for all new development projects and all new construction in existing projects. (Prior code § 159.06.030(2)(O))

17.12.210 Single room occupancy (SRO) facilities.

Refer to Section 17.08.200. (Prior code § 159.06.030(2)(P))

17.12.220 Visitor Serving (VS) District development standards.

A. This district is meant to foster increased tourist and visitor-related activities; support the maintenance and enhancement of existing hot mineral water spas and encourage development of similar new facilities in particular, “destination resort spas” and hotels that utilize the City’s subsurface hot mineral waters.

B. Uses other than those specifically mentioned in this section may be permitted, including but not limited to recreational, educational and public assembly facilities including 301C nonprofit organizations, provided such uses can be shown, in the opinion of the Planning Commission, as evidenced by resolution, to make up the “hot water spa experience.”
C. Development within this district will be subject to approval of a Conditional Use Permit (CUP) and utilize those visitor serving development standards/regulations contained in Section 17.12.030(A), Table

17.12.01 of Section 17.12.020, Section 17.12.220, Sections 17.12.260 through 17.12.370 (where applicable); and

1. Shall be those which the City Council deems appropriate to:

Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 33/56 a. Ensure the continued quality and image of the City as an international destination hot water spa/resort community;
b. Ensure the continued integrity of the low density residential and resort character of the City;
c. Ensure the internal integrity, over time, of the proposed resort complex.

2. Other standards and/or regulations that the Director may determine to be necessary.

D. All development in this zone shall be in accordance with a Master Development Plan.

E. Residential development is not a permitted use within this district.

F. Structure height shall be limited to a maximum of 3 stories or 35 feet, except as may be provided for under a Conditional Use Permit.

G. Existing lots of record within this district shall not be subdivided to less than 1 acre (net), but may be merged with adjacent properties for purposed of creating larger resort development sites.

H. Accessory uses may include commercial uses operated as an integral part of a hot water spaoriented resort, hotel, motel or other similar visitor serving industry use as long as it remains accessory to the primary use, subject to the following standards:

1. Street Entrances. There shall be no street entrances directly to such commercial uses.

2. Percentage of Commercial Uses Allowed. Such commercial uses shall occupy not more than 20% of the ground floor area of the resort, hotel, motel or other similar visitor use.

3. Signs. All signs shall be for the use of the resort, hotel, motel or other similar visitor use only; the signs may state that a restaurant or the commercial facility is available.

I. Review Required. New or proposed building, modification, expansions, repainting with a different color shall be subject to design review before the Planning Commission. This requirement shall also apply to proposed improvement to existing uses not otherwise listed in this chapter.

J. Building Materials/Colors. Unless otherwise approved by the Planning Commission color schemes sympathetic with desert surroundings (such as sands, grays, shades of brown) shall be utilized for all exterior finishes of a residence including door and window trim colors, roof tile, and garden walls.

K. Construction Times. Construction activities within a VS District will be subject to the following restrictions:

1. Summer months (June—November): 7:00 a.m. till 6:00 p.m. No construction on Sundays or national holidays.

2. Winter months (December—May): 8:00 a.m. till 5:00 p.m. No construction on Saturdays, Sundays or national holidays.

Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 34/56 L. Exemptions. Parcels with residential land uses and/or structures which were established prior to the adoption of the ordinance codified in this section shall be exempt from the provisions of the VS District and the abatement of nonconforming uses as specified in Section 17.124.040. (Prior code § 159.06.030(2)(Q))

17.12.230 Visitor Serving Village (V-S-V) District development standards.

A. This district is meant to include numerous spa-type hotels and foster the development of the area in the concept of a pedestrian-friendly European village with small to medium-sized spas/resorts intermixed with limited (boutique) retail and restaurants, unique streetscape, parks and similar compatible uses.

B. Uses other than those specifically mentioned in this section may be permitted, including but not limited to recreational, educational and public assembly facilities including 301C nonprofit organizations, provided such uses can be shown, in the opinion of the Planning Commission, as evidenced by resolution, to make up the “hot water spa experience.”
C. Development within this district will be subject to approval of a Conditional Use Permit (CUP) and utilize those visitor serving development standards/regulations contained in Section 17.12.030(A), Table

17.12.01 of Section 17.12.020, Section 17.12.220, Sections 17.12.260 through 17.12.370 (where applicable); and

1. Shall be those which the City Council deems appropriate to:
a. Ensure the continued quality and image of the City as an international destination hot water spa/resort community;
b. Ensure the continued integrity of the low density residential and resort character of the City;
c. Ensure the internal integrity, over time, of the proposed spa/visitor serving facility; d. Ensure the development of the district in the concept of a pedestrian-friendly European village with small to medium-sized spas/resorts intermixed with limited (boutique) retail and restaurants, unique streetscape, parks and similar compatible uses.

2. Other standards and/or regulations that the Director may determine to be necessary.

D. All development in this zone shall be in accordance with a specific plan.

E. Residential development is not a permitted use within this district.

F. Structure height shall be limited to a maximum of 2 stories or 24 feet, except as may be provided for under a Conditional Use Permit.

G. Existing lots of record within this district shall not be subdivided to less than 1 acre (net), but may be merged with adjacent properties for purposes of creating larger resort development sites.

Item Number: 1.

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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 35/56 H. Accessory uses may include commercial uses operated as an integral part of a hot water spaoriented resort, hotel, motel or other similar visitor serving industry use as long as it remains accessory to the primary use, subject to the following standards:

1. Street Entrances. There shall be no street entrances directly to such commercial uses.

2. Percentage of Commercial Uses Allowed. Such commercial uses shall occupy not more than 20% of the ground floor area of the resort, hotel, motel or other similar visitor use.

3. Signs. All signs shall be for the use of the resort, hotel, motel or other similar visitor use only; the signs may state that a restaurant or the commercial facility is available.

I. Review Required. New or proposed building, modification, expansions, repainting with a different color shall be subject to design review before the Planning Commission. This requirement shall also apply to proposed improvement to existing uses not otherwise listed in this chapter.

J. Building Materials/Colors. Unless otherwise approved by the Planning Commission color schemes sympathetic with desert surroundings (such as sands, grays, shades of brown) shall be utilized for all exterior finishes of a residence including door and window trim colors, roof tile, and garden walls.

K. Construction Times. Construction activities within a V-S-V District will be subject to the following restrictions:

1. Summer months (June—November): 7:00 a.m. till 6:00 p.m. No construction on Sundays or national holidays.

2. Winter months (December—May): 8:00 a.m. till 5:00 p.m. No construction on Saturdays, Sundays or national holidays.

L. Exemptions. Parcels with residential land uses and/or structures which were established prior to the adoption of this section shall be exempt from the provisions of the V-S-V District and the abatement of nonconforming uses as specified in Section 17.124.040. (Prior code § 159.06.030(2)(R))

17.12.240 Visitor Serving Corridor (V-S-C) District development standards.

1. This district is assigned to a small portion of Hacienda Drive and meant to include numerous small to medium sized spas/resorts. The intent of this land use district is to encourage the development with small to medium sized spas/resorts including motel-type or boutique-type of spas, day visit spas, or similar limited uses/facilities with unique streetscape, landscaping and small mini-parks forming an open space belt through the district.

This designation is intended to accommodate boutique-type restaurants, art galleries, gift shops, coffee shops and similar small scale specialized visitor serving uses intermixed within the district and along Hacienda Drive. Strip-commercial development along Hacienda Drive is not permitted.

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2. Uses other than those specifically mentioned in this section may be permitted, including but not limited to recreational, educational and public assembly facilities including 301C nonprofit organizations, provided such uses can be shown, in the opinion of the Planning Commission, as evidenced by resolution, to make up the “hot water spa experience.”

3. Development within this district will be subject to approval of a Conditional Use Permit (CUP) and utilize those visitor serving development standards/regulations contained in Section 17.12.030(A), Table

17.12.01 of Section 17.12.020, Section 17.12.220, Sections 17.12.260 through 17.12.370 (where applicable); and
a. Shall be those which the City Council deems appropriate to:
i. Ensure the continued quality and image of the City as an international destination hot water spa/resort community;
ii. Ensure the continued integrity of the low density residential and resort character of the City;
iii. Ensure the internal integrity, over time, of the proposed spa/visitor serving facility; iv. Ensure the development of the district in the concept of a pedestrian-friendly corridor with small to medium sized spas/resorts including motel-type or boutique-type of spas, day visit spas, or similar limited uses/facilities with unique streetscape, landscaping and small miniparks forming an open space belt through the district. b. Other standards and/or regulations that the Director may determine to be necessary.

4. All development in this zone shall be in accordance with a specific plan.

5. Residential development is not a permitted use within this district.

6. Structure height shall be limited to a maximum of 1 story or 20 feet, except as may be provided for under a Conditional Use Permit.

7. Accessory uses may include commercial uses operated as an integral part of a hot water spaoriented resort, hotel, motel or other similar visitor serving industry use as long as it remains accessory to the primary use, subject to the following standards:
a. Street Entrances. There shall be no street entrances directly to such commercial uses. b. Percentage of Commercial Uses Allowed. Such commercial uses shall occupy not more than 20% of the ground floor area of the resort, hotel, motel or other similar visitor use. c. Signs. All signs shall be for the use of the resort, hotel, motel or other similar visitor use only; the signs may state that a restaurant or the commercial facility is available.

8. Review Required. New or proposed building, modification, expansions, repainting with a different color shall be subject to design review before the Planning Commission. This requirement shall also ally to proposed improvement to existing uses not otherwise listed in this chapter.

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9. Building Materials/Colors. Unless otherwise approved by the Planning Commission color schemes sympathetic with desert surroundings (such as sands, grays, shades of brown) shall be utilized for all exterior finishes of a residence including door and window trim colors, roof tile, and garden walls.

10. Lot Size. Existing lots of record within this district shall not be subdivided to less than 1 acre (net), but may be merged with adjacent properties for purposes of creating larger resort development sites.

11. Visual Impact. Building locations and height must demonstrate that their placement on the lot will minimally obstruct visibility of scenic vistas, impacting surrounding or proposed facilities, structures or improvements.

12. Off-Street Parking. Spa-oriented facilities such as motel-type or boutique-type of spas, day visit spas, or similar limited uses/facilities with less than 15 guest suites shall be allowed the following exceptions:
a. The restriction of locating required parking spaces in the front, side or rear setback area as specified by Section 17.48.060(H) (Location of Required Parking Spaces) may be adjusted on an individual project basis, subject to a parking study, as approved by Planning Commission. b. The minimum number of parking spaces as specified in Section 17.48.040 for accessory commercial areas, assembly rooms, and other such ancillary uses may be adjusted on an individual project basis, subject to a parking study, as approved by Planning Commission. c. The required parking lot landscaping requirements as specified by Section 17.48.060(F) (Landscaping) may be adjusted on an individual project basis, subject to a parking study, as approved by Planning Commission.

13. Minimum Dwelling Size Standards. Spa-oriented facilities such as motel-type or boutique-type of spas, day visit spas, or similar limited uses/facilities with less than 15 guest suites shall be allowed the following exceptions:

14. Minimum size of guest rooms in as specified by Section 17.08.110(C) (Minimum Dwelling Size Standards) may be adjusted on an individual project basis, as approved by Planning Commission.

15. Lighting. Lighting shall be deflected away from all adjacent properties and public streets and rightsof-way in conformance with the City’s Lighting Ordinance. a. No lighting shall blink, flash, or be of unusually high intensity or brightness. b. All lighting fixtures shall be appropriate in scale, intensity, and height to the use it is serving.

16. Signage/Landscaping. Proposed signage and landscaping shall be an integral architectural feature which does not overwhelm or dominate the structure or property.

17. New lighted signage including neon signage within this district will be subject to Development Permit review before the Planning Commission in a manner consistent with the requirements contained in Chapter 17.44 (Development Permits).

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18. Site Specific Design Guidelines.
a. Provide 6-foot high decorative block walls with the option of integrated decorative wrought iron, stain glass, or glass block elements 10 feet inside of property lines (except within the traffic safety sight area (line of sight) at street intersections).
b. Provide for exterior wall variation in design and setbacks to relieve monotony. c. Incorporate unique architectural elements fostering a sense of destination and celebration— i.e., cupolas, balconies, stain glass, glass block elements, etc.—consistent with the particular architectural theme.
d. Utilize unique entry statements—i.e., raised roofs and forms, etc.—that are internally consistent with the particular architecture theme.
e. Utilize unique and notable signage and address identification plaques that are consistent with the particular architectural theme.
f. Provide unique exterior building lighting that is consistent with the particular architectural theme.
g. Utilize contrasting colors, materials and textures for walkway and driveway areas; use of stamped, colored concrete at drive approaches.
h. Provide unique and notable mailboxes.
i. Limit the use of exposed wood.
j. Conceal all mechanical equipment.

19. Site Landscaping.
a. All structures shall be landscaped to provide a mature appearance so as to blend with existing neighborhoods and enhance the overall appearance of the residential areas. b. Landscaping shall be required within the front or side front building setback areas, undeveloped portion of a road right-of-way, and within any other portions of the lot visible from offsite views.

20. To assure a “mature” look within a reasonable amount of time, the following minimum plant sizes shall be used:
a. Canopy trees (African Sumacs, Carobs, etc.) – 24-inch box; and palm trees (Mexican Fan Palm, Queen Palm, etc.) – 8-foot trunk height.
b. Shrubs (Natal Plum, Hibiscus, etc.) and vines (Carolina Jasmine, Bougainvillea, etc.) in front and rear yard areas visible from a street or golf course (public or private):
i. 30% or more of plants selected should be 15-gallon plants.

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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 39/56 ii. 50% or more of plants selected should be 5-gallon plants. iii. Up to 20% of plants selected should be 1-gallon plants. c. Groundcovers (Star Jasmine, Verbena, Mock Strawberry, etc.) in front and rear yard areas visible from a street or golf course (public or private):
i. 25% or more of plants selected should be 1-gallon plants planted at 24 inches on center. ii. 50% or more of plants selected should be flats planted at 12 inches on center. iii. Up to 25% or more of plants selected should be flats planted at 6 inches on center.

21. Front yard landscaping shall include a minimum of two 24-inch box trees or one 36-inch box tree.

Palm trees shall be counted toward this minimum if 8 feet or higher. Corner lots shall have this minimum number and size of trees on each frontage. Trees existing on the site at the time of construction shall not be counted toward the minimum tree installation.

22. Use of bare earth or decomposed granite in lieu of ground cover plantings or decorative rock may not exceed 20% of the total front yard landscaped area excluding driveways, decks, pools, or walkways.

When walkways, pools, or deck areas exceed 60% of the total rear yard area, the preceding limitation shall not be in effect.

23. Construction Times. Construction activities within this district will be subject to the following restrictions:
a. Summer months (June—November): 7:00 a.m. till 6:00 p.m. No construction on Sundays or national holidays.
b. Winter months (December—May): 8:00 a.m. till 5:00 p.m. No construction on Saturdays, Sundays or national holidays.

24. Noise. No loudspeaker, bells, gongs, buzzers, mechanical equipment or other sounds, attentionattracting, or communication device associated with any use shall be discernible beyond any boundary line of the parcel, except fire protection devices, burglar alarms.

25. Roof Design. Nearly vertical roofs and piecemeal mansard roofs (used on a portion of the structure perimeter only) are prohibited. Mansard roofs, if utilized, shall be as low as possible and shall not exceed a height of 3 feet above the roof deck. Roof pitch for any structure within a HWO District shall not exceed a 4 in 12 pitch.

26. Waste Disposal.
a. Prior to the issuance of any building permits the applicant shall submit to the Desert Hot Springs Building Department, for review and approval, a plot plan showing the proposed water/sewage or waste disposal system location with respect to any subsurface hot mineral waters well within a radius of 500 feet from the water/sewage or waste disposal system.

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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 40/56 b. Every water/sewage or waste disposal system shall be located an adequate distance from a subsurface hot mineral water well as follows:
i. Sewer: 50-foot minimum.
ii. Watertight septic tank: 100-foot minimum.
iii. Subsurface sewage leach line or leach field: 100-foot minimum. iv. Cesspool or seepage pit: 150-foot minimum.
v. Animal or fowl enclosures: 100-foot minimum.
vi. Any surface sewage disposal system discharging 2,000 gallons per day or more: 200-foot minimum.
c. Minimum distances from other sources of pollution or contamination shall be as determined by the Department upon investigation and analysis of the probable risks involved.

27. Exemptions. Parcels with residential land uses and/or structures which were established prior to the adoption of the ordinance codified in this section shall be exempt from the provisions of the V-S-C District and the abatement of nonconforming uses as specified in Section 17.124.040. (Prior code § 159.06.030(2)(S))

17.12.250 Applicable regulations.

All uses shall be subject to the applicable regulations of this Zoning Ordinance, including, but not limited to Chapters 17.64 through 17.140, Administration Provisions. (Prior code § 159.06.050)

17.12.260 Commercial development design guidelines.

A. General.

1. The following design guidelines in Sections 17.12.270 through 17.12.370 are intended as a reference framework to assist the designer in understanding the City’s goals and objectives for high quality development within the commercial land use districts. The guidelines complement the mandatory site development regulations contained in this chapter by providing good examples of appropriate design solutions and by providing design interpretations of the various mandatory regulations.

2. The design guidelines are general and may be interpreted with some flexibility in their application to specific projects. The guidelines will be utilized during the City’s design review process to encourage the highest level of design quality while at the same time providing the flexibility necessary to encourage creativity on the part of project designers.

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3. Unless there is a compelling reason, these design guidelines shall be followed. If a guideline is waived by the Development Review Committee, the Mayor and City Council shall be notified. An appeal, which does not require a fee, may be filed by the Mayor or any Council person within 15 days of the waiver approval.

B. Applicability. The provisions of this section shall apply to all commercial development within the City, except when the subject property is under the regulation of an approved specific plan, which is subject to the guidelines contained in Chapters 17.20 and 17.28. Any addition, remodeling, relocation, or construction requiring a building permit within any commercial land use district subject to review by the Development Review Committee shall adhere to these guidelines where applicable. (Prior code § 159.06.060(1) and (2))

17.12.270 General design principles.

A. Desirable Elements of Project Design. The qualities and design elements for commercial structures that are most desirable include:

1. Richness of surface and texture;

2. Significant wall articulation (insets, canopies, wing walls, trellises);

3. Multiplaned, pitched roofs;

4. Roof overhangs, arcades;

5. Regular or traditional window rhythm;
6 Articulated mass and bulk;

7. Significant landscape and hardscape elements;
8 Prominent access driveways;
9 Landscaped and screened parking;

10. Comprehensive sign program.

B. Undesirable Elements. The elements to avoid or minimize include:

1. Large blank, unarticulated stucco wall surfaces;

2. Unpainted concrete precision block walls;

3. Highly reflective surfaces;

4. Metal siding on the main façade;

5. Plastic siding;

6. Square “boxlike” structures;
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7. Mix of unrelated styles (i.e. rustic wood shingles and polished chrome);

8. Large, out of scale signs with flashy colors;

9. Visible outdoor storage, loading, and equipment areas;

10. Disjointed parking areas and confusing circulation patterns. (Prior code § 159.06.060(3))

17.12.280 Site Planning
Placement of structures shall consider the existing built context of the commercial area, the location of incompatible land uses, the location of major traffic generators, and consideration of specific site characteristics and surrounding influences.

A. Structures shall be sited in a manner that respects the orientation, privacy and access of adjacent structures.

B. New structures shall be clustered unless site conditions prevent clustering, as determined by the responsible review authority. The purpose is to create plazas or pedestrian malls and prevent long “barracks like” rows of structures. When clustering is impractical, a visual link between separate structures shall be established. This link can be accomplished through the use of an arcade system, trellis, or other open structure.

C. Structures and on-site circulation systems shall be placed and integrated to avoid pedestrian/vehicle conflicts. Textured paving, landscaping, and trellises shall be provided to physically and visually connect structures to the public sidewalk.

D. The importance of spaces between structures as “outdoor rooms” on the site shall be emphasized through use of clear, recognizable shapes that reflect careful planning and are not simply left-over areas between structures. Such spaces shall provide pedestrian amenities such as shade, benches, fountains, etc.

E. Freestanding, singular commercial structures shall be oriented with their major entry toward the street where access is provided, as well as having their major façade parallel to the street.

F. Loading facilities shall be located at the rear of structures and not visible from a public right-of-way.

G. Open space areas shall be clustered into larger, predominant landscape areas rather than be equally distributed into areas of low impact such as at building peripheries, behind a structure, or areas of little impact to the public view, where they are not required as land use buffer or as a required yard setback.

H. Downtown Commercial Site Planning Standards. Development within a Downtown Commercial (CD) district shall be designed to:

1. Provide direct pedestrian linkages to adjacent public sidewalks and trails.

2. Create enhanced pedestrian connections throughout the project between commercial buildings and parking areas.

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3. 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.

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

5. 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.

6. 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.

7. Provide a transition to adjacent lower-density residential uses by reducing building height and increasing building setbacks adjacent to the residential uses. (Ord. 712 6-2-20; prior code § 159.06.060(4))

17.12.290 Parking and circulation.

Parking lot design can be a critical factor in the success or failure of a commercial use. In considering the possibilities for developing a new parking area, a developer should analyze the following factors:
ingress and egress with consideration to possible conflicts with street traffic; pedestrian and vehicular conflicts; on-site circulation and service vehicle zones; and the overall configuration and appearance of the parking area.

A. Separate vehicular and pedestrian circulation systems should be provided. Pedestrian linkages between uses in commercial developments should be emphasized, including distinct pedestrian access from parking areas in large commercial developments, such as shopping centers.

B. Parking aisles should be separated from vehicle circulation routes whenever possible.

C. Common driveways which provide vehicular access to more than 1 site are encouraged.

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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 44/56 D. Angled parking is preferred over 90% parking.

E. Parking areas shall be landscaped, receiving interior as well as perimeter treatment in accordance with the requirements of this Zoning Ordinance.

F. Parking areas should be separated from structures by either a raised concrete walkway or landscaped strip, preferably both. Situations where parking spaces directly abut the structures should be avoided.

G. Shared parking between adjacent businesses and/or developments is highly encouraged whenever practical.

H. Where parking areas are connected, interior circulation should allow for a similar direction of travel and parking bays in all areas to reduce conflict at points of connection.

I. Whenever possible, locate site entries on side streets in order to minimize pedestrian/vehicular conflicts. When this is not possible, design the front site entry with appropriately patterned concrete or pavers to differentiate it from the sidewalks.

J. Parking access points, whether located on front or side streets should be located as far as possible from street intersections so that adequate stacking room is provided. The number of access points should be limited to the minimum amount necessary to provide adequate circulation.

K. Design parking areas to that pedestrians walk parallel to moving cars. Minimize the need for the pedestrian to cross parking aisles and landscape areas.

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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 45/56 L. Frontage roads should be provided for large projects on major arterials whenever possible.

M. Parking areas and pedestrian walkways should be visible form structures to the greatest degree possible.

N. The parking area should be designed in a manner which links the structures to the street sidewalk system as an extension of the pedestrian environment. This can be accomplished by using design features such as walkways with enhanced paving, trellis structures, or a special landscaping treatment.

O. Parking areas which accommodate a significant number of vehicles should be divided into a series of connected smaller lots. Landscaping and offsetting portions of the lot are effective in reducing the visual impact of large parking areas.

P. The first parking stall which is perpendicular to a driveway or first aisle juncture, should be at least 40 feet back from the curb. With larger centers, significantly more setback area may be required.

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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 46/56 Q. Utilize a 36-inch-high opaque wall or landscaping to screen any parking at the street periphery. A combination of walls, berms, and landscape material is highly recommended. Where practical, lowering the grade of the parking lot from existing street elevations may aid in obscuring views of automobiles while promoting views of architectural elements of the structures beyond. (Prior code § 159.06.060(5))

17.12.300 Landscaping.

A. Landscaping for commercial uses should be used to define specific areas by helping to focus on entrances to buildings and parking lots, define the edges of various land uses, provide transition between neighboring properties (buffering), and provide screening for loading and equipment areas.

B. Landscaping should be in scale with adjacent structures and be of appropriate size at maturity to accomplish its intended purpose.

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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 47/56 C Landscaping around the entire base of structures is recommended to soften the edge between the parking lot and the structure. This should be accented at entrances to provide focus.

D. Trees should be located throughout the parking lot and not simply at the ends of parking aisles. In order to be considered within the parking lot trees should be located in planters that are bounded on at least 3 sides by parking area paving.

E. Landscaping should be protected form vehicular and pedestrian encroachment by raised planting surfaces, depressed walks, or the use of curbs. Concrete mow stripes separating turf and shrub areas are required per the development regulations.

F. Vines and climbing plants integrated upon buildings, trellises, and perimeter garden walls are strongly encouraged. A few plants to consider for this purpose are: bougainvillea, grape ivy, and wisteria vines.

G. Use boxed and tubbed plants in clay or wood containers, especially for enhancement of sidewalk shops, plazas, and courtyards.

H. At maturity, trees should be able to be trimmed 10 feet above ground and shrubs should be maintained at a height of approximately 3 feet to provide adequate visibility. (Prior code § 159.06.060(6))

17.12.310 Walls and fences.

A. If not required for a specific screening or security purpose, walls should not be utilized within commercial areas. The intent is to keep the walls as low as possible while performing their screening and security functions.

B. Where walls are used at property frontages, or screen walls are used to conceal storage and equipment areas, they should be designed to blend with the site’s architecture. Both sides of all perimeter walls or fences should be architecturally treated. Landscaping should be used in combination with such walls whenever possible.

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D Long expanses of fence or wall surfaces should be offset and architecturally designed to prevent monotony. Landscape pockets should be provided.
(Prior code § 159.06.060(7))

17.12.320 Screening.

A. Screening for outdoor storage should be a minimum of 6 feet and a maximum of 10 feet high. The height should be determined by the height of the material or equipment being screened. Chain link fencing with redwood or neutral colored slatting is an acceptable screening material for areas of any lot not visible from the street. Exterior storage should be confined to portions of the site least visible to public view.

B. Where screening is required, a combination of elements should be used including solid masonry walls, berms, and landscaping. Chain link fencing with wood or metal slatting is not permitted when visible from the public right-of-way.

C. Any outdoor equipment, whether on a roof, side of a structure, or on the ground, shall be appropriately screened from view. The method of screening shall be architecturally integrated with the adjacent structure in terms of materials, color, shape, and size. Where individual equipment is provided, a continuous screen is desirable.

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17.12.330 Architectural design guidelines.

A. Heights of structures should relate to adjacent open spaces to allow maximum sun and ventilation, protection from prevailing winds, enhance public views of surrounding mountains and minimize obstruction of view from adjoining structures.

B. Height and scale of new development should be compatible with that of surrounding development.

New development height should “transition” from the height of adjacent development to the maximum height of the proposed structure.

C. Large buildings which give the appearance of “box-like” structures are generally unattractive and detract from the overall scale of most buildings. There are several ways to reduce the appearance of large scale, bulky structures.

1. Vary the planes of the exterior walls in depth and/or direction. Wall planes should not run in 1 continuous direction for more than 50 feet without an offset.

2. Vary the height of the buildings so that it appears to be divided into distinct massing elements.

3. Articulate the different parts of a buildings facade by use of color, arrangement of facade elements, or a change in materials.

4. Use landscaping and architectural detailing at the ground level to lessen the impact of an otherwise bulky building.

5. Avoid blank walls at the ground floor levels. Utilize windows, trellises, wall articulation, arcades, change in materials, or other features.

6. All structure elevations should be architecturally treated.

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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 50/56 D. Scale, for purposes here, is the relationship between the size of the new structure and the size of adjoining permanent structures. It is also how the proposed building’s size relates to the size of a human being (human scale). Large scale building elements will appear imposing if they are situated in a visual environment which is predominantly smaller in scale.

1. Building scale can be reduced through the proper use of window patterns, structural bays, roof overhangs, siding, awnings, moldings, fixtures, and other details.

2. The scale of buildings should be carefully related to adjacent pedestrian areas (i.e., plazas, courtyards) and other structures.

3. Large dominating structures should be broken up by:
a. Creating horizontal emphasis through the use of trim; b. Adding awnings, eaves, windows, or other architectural ornamentation; c. Use of combinations of complementary colors;
d. Landscape materials.

E. The use of standardized “corporate” architectural styles associated with chain-type restaurants is strongly discouraged.

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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 51/56 F. Much of the existing color in the City is derived from the primary building’s finish materials such as brick, wood, stucco, and terra cotta tile. Also dominant are earth tones that match these natural materials.

1. Large areas of intense white color should be avoided. While subdued colors usually work best as a dominant overall color, a bright trim color can be appropriate.

2. The color palette chosen for new structures should be compatible with the colors of adjacent structures. An exception is where the colors of adjacent structures strongly diverge from these design guidelines.

3. Whenever possible, minimize the number of colors appearing on the structure’s exterior. Small commercial structures should use no more than 3 colors.

4. Primary colors should only be used to accent elements, such as door and window frames and architectural details.

5. Architectural detailing should be painted to complement the facade and tie in with adjacent structures.
(Prior code § 159.06.060(9))

17.12.340 Roofs.

A. The roofline at the top of the structure should not run in continuous plane for more than 50 feet without offsetting or jogging the roof plane.

B. All roof-top equipment shall be screened from public view by screening materials of the same nature as the structure’s basic materials. Mechanical equipment should be located below the highest vertical element of the building.

C. The following roof materials should not be used:

1. Corrugated metal (standing rib metal roofs are permitted);

2. Highly reflective surfaces (copper roofs may be considered); Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 52/56

3. Illuminated roofing. (Prior code § 159.06.060(10))

17.12.350 Awnings.

A. The use of awnings along a row of contiguous structures should be restricted to awnings of the same form and location. Color of the awnings should be consistent and a minimum of 8-foot vertical clearance should be maintained.

B. Signs on awnings should be printed on and be limited to the awning’s flap (valance) or to the end panels of angled, curved or box awnings.

C. Plexiglas, metal, and glossy vinyl illuminated awnings are strongly discouraged. Canvas, treated canvas, matte finish vinyl, and fabric awnings are encouraged.

D. Internally lit awnings should not be used. (Prior code § 159.06.060(11))

17.12.360 Signs.

A. Every structure and commercial complex should be designed with a precise concept for adequate signing. Provisions for sign placement, sign scale in relationship with the building, and sign readability should be considered in developing the signing concept. All signing should be highly compatible with the building and site design relative to color, material, and placement.

B. Monument-type signs are the preferred alternative for business identification whenever possible.

Where several tenants occupy the same site, individual wall mounted sign are appropriate in combination with a monuments sign identifying the development and address.

C. The use of backlit individually cut letter signs is strongly encouraged.

D. Each development site should be appropriately signed to give directions to loading and receiving areas, visitor parking and other special areas.
(Prior code § 159.06.060(12))

17.12.370 Lighting.

Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 53/56 A Lighting should be used to provide illumination for the security and safety of on-site areas such as parking, loading, shipping, and receiving, pathways, and working areas.

B. The design of light fixtures and their structural support should be architecturally compatible with the main structures on-site. Illuminators should be integrated within the architectural design of the structures.

C. As a security device, lighting should be adequate but not overly bright. All building entrances should be well lighted.

D. All lighting fixtures must be shielded to confine light spread within the site boundaries. (Prior code § 159.06.060(13))

17.12.380 Tattoo and body piercing establishments.

A. Applicability. The standards and criteria established in this section apply to any business enterprise in the City of Desert Hot Springs that engages in tattooing and/or body piercing.

B. Definitions.

1. The following words and phrases shall have the same meanings as set forth in California Health and Safety Code Section 119300 et seq., as the same may be amended from time to time, and whenever used in this section shall be construed as defined in this section:
“Body piercing” means the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration. This includes, but is not limited to, piercing of an ear, lip, tongue, nose, or eyebrow. “Body piercing” does not include piercing an ear with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.

Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 54/56 “Permanent cosmetics” means the application of pigments to or under the skin of a human being for the purpose of permanently changing the color or appearance of the skin. This includes, but is not limited to, permanent eyeliner, eye shadow, or lip color. “Tattooing” means to insert pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce an indelible mark or figure visible through the skin.

2. Other Defined Terms. The following terms and phrases, whenever used in this section shall be construed as defined in this section:
“Body piercing establishment” or “parlor” means any establishment where body piercing is conducted.
“Branding” means any method, including, but not limited to, the use of heat, cold, chemical compound, or cauterizing to apply a scar to the body for the purpose of creating a permanent mark or design on the skin.
“Extreme body modification” means the practice of modifying the physical body using the techniques of branding and scarification.
“Scarification” means any method used to alter skin texture by cutting the skin and controlling the body’s healing process in order to produce wounds which result in permanently raised welts or bumps, or any other technique that changes the contour, or level plane of the skin and/or results in a scar on the skin.
“Tattoo establishment” or “parlor” means any establishment where tattooing is conducted.

C. Extreme Body Modification Services Prohibited. Business enterprises which engage in the performance of extreme body modification services, as defined in this section, are prohibited in all zones throughout the City of Desert Hot Springs. No permit or any other applicable license or entitlement for use, including but not limited to the issuance of a business license, shall be approved or issued for the establishment, maintenance or operation of any business enterprise that engages in the performance of extreme body modification services within the City limits of the City of Desert Hot Springs. The establishment, maintenance or operation of any business enterprise which conducts extreme body modification services within the City limits is declared to be a public nuisance and may be abated by the City either pursuant to Chapter 4.16 of the Desert Hot Springs Municipal Code or any available legal remedies, including but not limited to, Title 4 (Code Enforcement) of the Desert Hot Springs Municipal Code and/or civil injunctions.

D. Permitted Use. Business enterprises which engage in tattooing and/or body piercing are permitted in the City’s C-G (General Commercial), C-C (Community Commercial), and C-N (Neighborhood Commercial) zoning districts, subject to the provisions of this section.

E. Conditional Use Permit Required. A conditional use permit, pursuant to the provisions in Chapter

17.76 of the City’s Municipal Code, shall be required prior to operating a tattoo establishment and/or body piercing establishment.

Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 55/56 F. Business License Required. A business license, pursuant to the provisions in Chapter 5.04 of the City’s Municipal Code, shall be required prior to operating a tattoo establishment and/or body piercing establishment. A business license shall not be authorized unless sufficient evidence is provided that proprietors of tattoo and/or body piercing establishments have registered with Riverside County Health Department pursuant to Section 119303 of the California Health and Safety Code.

G. Location Criteria. A proposed tattoo establishment and/or body piercing establishment shall be located in compliance with the following requirements:

1. The use shall not be located within a 1,000-foot radius of any other tattoo establishment and/or body piercing establishment.

2. A tattoo establishment and/or body piercing establishment shall not be located within a 500- foot radius of a church, temple, or other place used exclusively for religious worship, or a playground, park, child day care facility, or school that is located within or outside the city. For the purposes of this requirement, “school” shall mean any property containing a structure which is used for education or instruction, whether public or private, from preschool through grade 12.

3. The use shall not be located within a 1,000-foot radius of any adult business.

4. The use shall not be located within a 500-foot radius of any existing residence.

5. The use shall not be located within a 250-foot radius of any business selling alcoholic beverages for on-site consumption.

6. For the purposes of separation requirements, the distance measured shall be from the main entrance of the tattoo establishment and/or body piercing establishment to the main entrance of any other tattoo establishment and/or body piercing establishment; church, temple, or other place used exclusively for religious worship, or a playground, park, child day care facility, or school; any adult business; any residence; and any business selling alcoholic beverages for off-site consumption.

H. Development and Operational Standards. Tattoo establishments and body piercing establishments shall operate in conformance with the following standards.

1. Hours of operation shall be limited to: Monday—Saturday, 8:00 a.m.—9:00 p.m. and Sunday, 10:00 a.m.—9:00 p.m.

2. Adequate security and lighting shall be provided to ensure the safety of persons at all times.

3. There shall be no on-site consumption, sale and/or possession of alcoholic beverages.

4. There shall be no on-site consumption or sale of tobacco.

5. All employees shall be at least 18 years of age.

Item Number: 1.

5/31/23, 2:14 PM Chapter 17.12 COMMERCIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_12?view=all 56/56 I. Enforcement. The establishment, maintenance or operation of a tattoo establishment and/or body piercing establishment in violation of this section, is declared to be a public nuisance and may be abated by the City either pursuant to Chapter 4.16 of the Desert Hot Springs Municipal Code or any available legal remedies, including, but not limited to, Title 4 (Code Enforcement) of the Desert Hot Springs Municipal Code and/or civil injunctions. In addition, in the event the tattoo establishment or body piercing establishment operates or is maintained in violation of and/or in noncompliance with the City’s regulations, as set forth in this section, Health and Safety Code Section 119300 et seq., Chapter 6.1 of the California Health and Safety Code, also known as the Medical Waste Management Act (MWMA) of 1991, or the conditions of approval, the City may commence conditional use permit revocation proceedings, as provided in Chapter 17.76 of the City’s Municipal Code. (Ord. 524 § 3, 2010)

17.12.390 Mobile food vending vehicle parks.

A. For purposes of this section, “mobile food vending vehicle park” means a commercial private property, excluding existing shopping centers, allowing vendors to vend on its premises on an ongoing basis with approval of a development permit. “An ongoing basis” means longer than 3 consecutive days.

B. Mobile food vending vehicle parks may be established within the City and shall comply with the following additional requirements:

1. All mobile food vendors shall obtain a mobile food vending vehicle permit and abide by all regulations in Desert Hot Springs Municipal Code Chapter 5.52.

2. Maintain permanent restroom facilities.

3. Provide at least 3 paved parking spaces per mobile food vending vehicle.

4. Maintain sufficient trash receptacles and trash removal services.

5. Tables, chairs, carts, shade structures, or other vending-related installations may be erected.

6. Sufficient lighting shall be required if the vendor remains open for business after dusk.

7. Shall comply with all requirements of Title 17 of the Desert Hot Springs Municipal Code. (Ord. 690 9-3-19)
Contact:

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

Item Number: 1.

SR-24-197
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: September 17, 2024
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Deferred Development Impact Fees Agreement with Snider Investments LLC, for PODs Project, Development Permit Number 22-4, 654640 19th Avenue RECOMMENDATION:
1) Consider a request from Snider Investments LLC(Developer) to enter into a Deferred Development Impact Fee Agreement with Attached Lien Agreement (“Agreement”), which would allow the Developer to defer the development impact fees (“DIFs”) in the amount of $292,200.00, and make $25,000.00 monthly payment until paid in full; and
2) Should the City Council approve the Developer’s request to defer the DIFs and enter into the Agreement, authorize the City Manager to negotiate and execute the Agreement.

BACKGROUND:

On March 28th, 2023, the Planning Commission approved Development Permit Number 22-4, for the development of a 60,000 square feet warehouse facility on a 4.86-acre parcel, along with parking, landscaping, and other associated improvements to be located on Assessor’s Parcel Number (APN) 666-360-017(Project). This building will be utilized by the PODs Moving and Storage Company.

DISCUSSION:

The City imposes Development Impact Fees(DIF) pursuant to Chapter 17.144 of the Desert Hot Springs Municipal Code requiring developers to pay for their fair share of the costs to construct the infrastructure that will be necessary to accommodate and mitigate the impacts and burdens on the public generally generated by new development and that are necessary to protect the safety, health and welfare of persons in the City. The total corresponding DIFs for the PODs Project is $292,200.00, the breakdown of the DIFs are as follows:

Circulation System = $166,800.00
Fire Suppression Facilities = $5,400.00
General Facilities = $6,600.00
Law Enforcement Facilities = $5,400.00
Storm Drainage Improvements = $108,000.00
Total = $292,200.00.

The Developer is requesting that the City Council entertain and approve the proposed Development Impact Fee Deferment Agreement with Lien Agreement.

Item Number: 2.

SR-24-197
The proposed Development Impact Fee Deferment Agreement will allow the payment of the DIFs to be deferred for a term not to exceed one year, and to be made in payments in an amount of TwentyFive Thousand Dollars and Zero Cents ($25,000.00) per month, until paid in full. The following is the payment schedule.

October 1, 2024: $25,000.00
November 1, 2024: $25,000.00
December 1, 2024: $25,000.00
January 1, 2025: $25,000.00
February 1, 2025: $25,000.00
March 1, 2025: $25,000.00
April 1, 2025: $25,000.00
May 1, 2025: $25,000.00
June 1, 2025: $25,000.00
July 1, 2025: $25,000.00
August 1, 2025: $25,000.00
September 1, 2025: $17,200.00
The Developer will be required to pay all applicable administrative fees for processing this agreement.

FISCAL IMPACT:

Developer must pay a total of $292,200.00 in DIFs. Developer is required to pay DIFs in accordance with the fee schedule.

ATTACHMENTS:
1) Deferred Development Impact Fee Agreement - Snider Investments, LLC Item Number: 2.

DEFERRED DEVELOPMENT IMPACT FEE AGREEMENT
THIS DEFERRED DEVELOPMENT IMPACT FEE AGREEMENT (“Agreement”) is entered into as of , 2024 (the “Effective Date”), by and between the CITY OF DESERT HOT SPRINGS, a California municipal corporation and charter city existing under the Constitution of the State of the California (“City”), and Snider Investments, LLC, a California limited liability company (“Developer”). The City and Developer are occasionally referred to herein collectively as the "Parties." In consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the Parties do hereby agree as follows:

1. RECITALS
A. WHEREAS, Developer is the owner of certain real property located at 64640 19th Avenue Desert Hot Springs, California 92240 (the "Property"). The Property is legally described on Exhibit A attached hereto.

B. WHEREAS, the City imposes Development Impact Fees pursuant to Chapter 17.144 of the Desert Hot Springs Municipal Code requiring developers to pay for their fair share of the costs to construct the infrastructure that will be necessary to accommodate and mitigate the impacts and burdens on the public generally generated by new development and that are necessary to protect the safety, health and welfare of persons in the City. Impact Fees are collected as a condition to the development of land prior to the issuance of building permits.

C. WHEREAS, the Parties estimate that Developer must pay a total of $292,200.00 in development impact fees associated with the development of the Property (the “DIF”).

D. WHEREAS, the Developer has requested deferment of the DIF for the Circulation System, Fire Suppression Facilities, General Facilities Expansion, Law Enforcement Facilities, and Storm Drainage Facilities at the Property.

E. WHEREAS, subject to approval by the City Council, the City Manager may defer the payment of the DIFs and structure payments based on equal monthly installments.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

2. Recitals. All of the above recitals are true and correct and are fully incorporated into this Agreement by reference and made a part hereof.

Item Number: 2.

3. DEFERRED DIF COLLECTION
A. Total DIF Amount and DIF Components. The DIF amount is comprised of the following components:

Circulation System = $166,800.00
Fire Suppression Facilities = $5,400.00
General Facilities = $6,600.00
Law Enforcement Facilities = $5,400.00
Storm Drainage Improvements = $108,000.00
Total = $292,200.00.

B. Payment of DIF Amount. Developer shall pay City the DIF amounts payable in cashier’s or certified check in accordance with the following payment schedule:

October 1, 2024: $25,000.00
November 1, 2024: $25,000.00
December 1, 2024: $25,000.00
January 1, 2025: $25,000.00
February 1, 2025: $25,000.00
March 1, 2025: $25,000.00
April 1, 2025: $25,000.00
May 1, 2025: $25,000.00
June 1, 2025: $25,000.00
July 1, 2025: $25,000.00
August 1, 2025: $25,000.00
September 1, 2025: $17,200.00

4. CERTIFICATES OF OCCUPANCY
A. The Parties understand and agree that no certificate of occupancy shall be issued by the City for any structure or improvement upon the Property unless and until all Parties have approved the Agreement.

B. The Parties further understand and agree that no certificate of occupancy shall be issued for future buildings on the Property if Developer is in default of this Agreement until such default is cured by Developer or is waived by City in writing.

5. SECURITY AND LIEN

A. Developer shall, concurrently with the execution hereof and to the extent not already completed, enter into and record herewith the attached Lien Agreement, attached hereto and made part hereof as Exhibit B, in an amount equal to Two Item Number: 2.

Hundred Ninety-Two Thousand and Two Hundred Dollars and Zero Cents ($292,200.00), as security of the payment of all DIFs owed the City in connection with this Agreement. As payments are made, the Lien Agreement can be amended by the City Manager with approval by the City Engineer, to reflect the amount due and owing.

The Lien Agreement shall remain in force and shall not be released until full payment of the DIFs, in accordance with the terms of this Agreement.

B. This Agreement shall be recorded against the Property in the Office of the Riverside County Recorder’s Office and shall constitute a lien for the payment of the DIFs binding upon, and running with, the Property, which shall be enforceable against successors in interest to the Developer at the time the DIFs become due, in accordance with the schedule described in this Agreement. If Developer sells any portion of the Property, the Property shall not be released of any obligations under this Agreement relating to the Property or the portion of the Property which is being acquired. This Agreement shall be binding upon, and the benefits of this Agreement shall inure, to the Parties and all successors in interest to the Parties. The Parties understand and agree that the City may take any and all actions necessary to enforce the lien, as described in this Section.

6. SALE OF PARCELS

Developer shall provide reasonable notice to City of the opening of any escrow to sell the Property. Prior to sale of the parcel, Developer shall pay to the City outstanding DIFs associated with that parcel immediately upon closing or transfer.

7. DEFAULT

A. Failure of Developer to pay the DIFs pursuant to this Agreement shall constitute a default under this Agreement; provided, however, if Developer cures, corrects or remedies the alleged default within fifteen (15) business days after receipt of written notice specifying such default, Developer shall not be deemed to be in default hereunder.

B. City shall give written notice of default to Developer specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, City shall have no right to exercise any remedy for default hereunder without delivering the written default notice as specified herein.

C. Any failure or delay by City in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with the default.

D. In the event that a default of Developer may remain uncured for more than fifteen (15) business days following written notice, as provided above, a “breach” shall be deemed to have occurred. In the event of a breach, City shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.

Item Number: 2.

8. INDEMNIFICATION
To the fullest extent permitted by law, Developer shall defend, indemnify, and hold harmless the City, its officials, agents, employees and volunteers from and against all claims, damages, actions, losses, damage, injuries, and liability, direct or indirect (including without limitation reasonable attorneys’ fees and costs), arising from, or alleged to have arisen from, this Agreement, except for any such claim arising out of the sole negligence, recklessness, or willful misconduct of the City, its officials, agents, employees, or volunteers. Developer’s obligations under this Section shall continue after the termination of this Agreement.

9. MISCELLANEOUS
A. Administrative Fees. The Developer is required to pay all administrative fees required to process this agreement.

B. Notices. All notice permitted or required hereunder must be in writing and shall be effected by: (i) personal delivery; (ii) first class mail, registered or certified, postage fully prepaid; or (iii) reputable same-day or overnight delivery service that provides a receipt showing date and time of delivery, addressed to the following Parties, or to such other address as any party may from time to time designate in writing in the manner as provided herein:

To City: Office of the City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Attn: City Manager
Notice to Owner: Snider Investments, LLC
730 Arcady Road
Santa Barbara, CA 93108
Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail.

C. Binding Effect. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the Parties, any subsequent owner of all or any portion of the Property or the Property, and their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Property.

Item Number: 2.

This section shall not be construed as an authorization for any Party to assign any right or obligation.

D. No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

E. Independent Entity. The Parties acknowledge that, in entering into and performing this Agreement, each of Developer and City is acting as an independent entity and not as an agent of the other in any respect.

F. Nonliability of City Officers and Employees. No official, officer, employee, agent or representative of City, acting in his/her official capacity, shall be personally liable to the Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection with this Agreement, or for any act or omission on the part of City.

G. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the Parties.

H. Construction. This terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa.

I. Entire Agreement. This Agreement, including all exhibits attached hereto, constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the Parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof.

J. Counterpart Signature Pages. For convenience the Parties may execute and acknowledge this Agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement.

K. Interpretation and Governing Law. The language in all parts of this Agreement shall, in all cases, be construed as a whole and in accordance with its fair meaning. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. The Parties understand and agree that this Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of the City, and in particular, the City's police powers. In this Item Number: 2.

regard, the Parties understand and agree that this Agreement shall not be deemed to constitute the surrender or abnegation of the City's governmental powers over the Property.

L. Time is of the Essence. Time is of the essence with respect to this Agreement.

M. Authorized Signatory. Thrive has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party represents and warrants to each other Parties that its signature to this Agreement has the authority to bind the Party, and this Agreement does in fact bind the Party.

N. Amendments. This Agreement may be modified or amended only by a written instrument signed by both Parties.

O. Attorney’s Fees and Costs. In the event that any action is instituted to enforce payment or performance under this Agreement, the non-prevailing party shall be responsible for and shall pay all costs, including expert witness fees, and all attorneys’ fees incurred by the prevailing party in enforcing this Agreement. [SIGNATURES TO FOLLOW]
Item Number: 2.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.

CITY OF DESERT HOT SPRINGS
_____________________________
Frank Luckino, City Manager
ATTEST:
_____________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_____________________________
Tuan-Anh Vu, City Attorney

SNIDER INVESTMENTS, LLC
_____________________________
Name:

Title:

Item Number: 2.

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY
Address:

Assessors Parcel Number: 666-360-017
Owner: Snider Investments LLC, 730 Arcady Rd Montecito CA 93108

EXHIBIT B

LIEN AGREEMENT
Item Number: 2.

THIS LIEN AGREEMENT is entered into this _____day of_______ 2024, by and among the City of Desert Hot Springs, a municipal corporation and California charter city, hereinafter called “CITY” and Snider Investments, LLC, hereinafter called “OWNER”.

CITY and OWNER are collectively referred to hereinafter as the “PARTIES,” and individually as a “PARTY”.

RECITALS
A. OWNER is the record fee owner of that certain real property situated in the City of Desert Hot Springs, County of Riverside, State of California, as more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference. Said real property is hereinafter called the “Property”.

B. The City and Owner entered into that certain Deferred Development Impact Fee Agreement dated _______ (“DIF Deferment Agreement”).

D. This Lien Agreement secures the DIF Deferment Agreement of the full amount of the DIFs in same.

E. OWNER warrants that OWNER has fee title interest to all of the individual lots in the Property.

F. OWNER has provided an updated title insurance policy and current title report from a title company approved by the CITY and warrants that it is the OWNER is the record owner of the Property, as evidenced in Exhibit “B”, which is attached hereto and incorporated herein.

NOW, THEREFORE, incorporating the above recitals, and for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the PARTIES hereto mutually agree as follows:

I. OWNER’s Performance and Obligations:

A. OWNER hereby grants to CITY, in accordance with the terms and conditions of this Lien Agreement and the DIF Deferment Agreement, a lien upon the Property described in Exhibit “A”, attached hereto, as security for the DIF Deferment Agreement.

B. Notwithstanding the above, fee title to the entire Property encumbered by this Lien Agreement, or to all lots designated on the subdivision of this Property, may be sold in the aggregate to a single purchaser, provided that the proposed purchaser, prior to assuming title to the Property, executes a new lien agreement or provides alternative security acceptable to the CITY.

C. OWNER agrees that it shall maintain any portion of Property that has been graded, including but not limited to dust control; erosion control; fencing; Item Number: 2.

maintenance for purposes of the health, safety or welfare of the public; and any other maintenance as reasonably required by the CITY.

D. OWNER agrees to appear in and defend any action or proceeding purporting to affect the City’s lien upon the Property or the rights or powers of the City with respect to the Property; and also, if at any time the City is a party to or appears in any such action or proceeding, or in any action or proceeding to enforce any obligation hereby secured, to pay all costs and expenses paid or incurred by the City in connection therewith, including, but not limited to, cost of evidence of title and reasonable attorneys’ fees. OWNER further agrees that upon entry of any judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered.

E. OWNER agrees to indemnify, and hold harmless, the CITY, its officers, employees and agents from any liability whatsoever based or asserted upon any act or omission of OWNER, its officers, employees and agents relating to or in any way connected with the obligations arising under this Lien Agreement. As part of the foregoing indemnity, OWNER agrees to protect and defend at its own expense, including attorneys’ fees, the CITY, its officers, employees and agents in any legal action based upon such alleged acts or omissions
F. OWNER agrees to pay when due any and all taxes and assessments affecting the Property, and all encumbrances, charges and liens, with interest, on the Property or any part thereof, which appear to be prior or superior to the lien created by this Lien Agreement.

G. OWNER agrees at its sole cost and expense, to maintain and keep the Property in good condition and repair, including but not limited to maintaining storm water facilities, erosion control and fire prevention maintenance activities on the Property; to comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the Property; not to commit or permit any waste thereof or any act upon the Property in violation of the law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of the Property may be reasonably necessary, the specific enumerations herein not excluding the general.

H. OWNER agrees that the choice of remedy or remedies for OWNER’s default or breach of this Lien Agreement shall be in the sole discretion of the CITY.

I. OWNER has provided the City with sufficient evidence that amount contemplated in the DIF Deferment Agreement does not exceed the fair market value of the property based on a recent opinion of an independent, licensed real estate appraiser.

II. City’s Performance and Obligations:

A. Upon delivery by OWNER and acceptance by the City Council, of a replacement of this Lien Agreement and upon OWNER’s request, the CITY shall release all remaining amounts of deposits paid.

Item Number: 2.

B. In no instance shall this Lien Agreement compel the City to undertake any obligation whatsoever.

III. Effect of Lien Agreement.

A. This Lien Agreement creates and constitutes a secured obligation in the form of a lien against the Property for the purposes of securing OWNER’s performance of the DIF Deferment Agreement. From the date of recordation of this Lien Agreement, a lien shall attach to the entire Property which shall have the priority of a judgment lien in an amount necessary to discharge all obligations contained in the DIF Deferment Agreement and this Lien Agreement. CITY shall agree to subordinate the lien so long as the total debt on the entire property does not exceed the then-current appraised value, appraised by an MAI appraiser at the sole cost of the Owner.

B. OWNER shall have the right to convey fee title of the entire Property encumbered by this Lien Agreement to a single purchaser, so long as the proposed purchaser, prior to assuming title to the Property,
(1) executes a new lien agreement or provides alternative security acceptable to the CITY, and
(2) purchaser agrees in writing to accept and be bound by the terms and provisions of this Lien Agreement and the DIF Deferment Agreement, so long as this Lien Agreement is utilized for security as described herein.

IV. Events of Default; Breach. Upon the occurrence of any one of the following events, OWNER shall be deemed in default hereunder if OWNER fails to cure such occurrence within thirty (30) days after receipt of written notice of default from the CITY; provided, however, that if such event is of such a nature that it cannot be cured within such thirty (30) day period, then OWNER shall not be in default if it commences a cure in good faith within such thirty (30) day period and thereafter diligently prosecutes the cure to completion:

A. Filing of any proceedings or action by or against OWNER to declare OWNER bankrupt or to appoint a receiver or trustee for OWNER or to reorganize OWNER or to make an assignment for the benefit of creditors or to do anything else of a similar nature or purpose under any state or federal bankruptcy or insolvency laws, if such proceedings or actions are not discharged within sixty (60) days; B. Levy of any attachment or writ of execution against OWNER and the Property whereby the Property is taken or occupied or attempted to be taken or occupied by someone other than OWNER and such attachment or execution is not released within sixty (60) days;
C. Sale of any lot shown on the Property prior to release of the lien created by this Lien Agreement, except as otherwise provided herein; Item Number: 2.

D. Request by OWNER of issuance by the Department of Real Estate of the Final Subdivision Public Report for the Property;
E. Allowing the Property to be maintained in manner that falls below the required maintenance satisfactory to the CITY or as required herein; F. The attachment of any subsequent lien or judgment lien upon the Property;
G. Breach by OWNER of any other term or condition of this Lien Agreement or of the DIF Deferment Agreement or OWNER’s failure to fully and faithfully discharge its obligations hereunder within the time specified herein.

All references to OWNER in this Section shall be deemed to include OWNER’s successors, assignees and transferees.

V. CITY’s Remedies. Upon the occurrence of any of the events described in Section IV, above, CITY may declare a breach of this Lien Agreement if OWNER fails to cure or to diligently prosecute the cure to completion, and the CITY, at CITY’s option, may exercise any one or more of the following remedies, and any remedy available to it under law:

A. Pursue any or all of the remedies provided in this Lien Agreement, the DIF Deferment Agreement and all remedies available to it by law; B. Enforce this lien by appropriate action in court or as provided by law and in the event the enforcement is by action in court, the OWNER agrees that the amount of said lien shall include reasonable attorneys’ fees which shall be taxed as a cost in any suit for such enforcement;
C. Rescind the approval of any and all entitlements, permits or licenses associated with the project;
D. Pursue any other remedy, legal or equitable, for the foreclosure of a lien.

OWNER, its heirs and assigns, shall pay reasonable attorneys’ fees to be taxed as a cost in said proceedings.

The failure of the CITY to take an enforcement action with respect to a default, or to declare a default or breach, shall not constitute a waiver of that default or breach, or any subsequent default or breach of OWNER.

VI. General Provisions.

A. Recordation. This Lien Agreement shall be recorded by CITY in the office of the County Recorder of Riverside County immediately following execution of this Lien Agreement.

Item Number: 2.

B. Contingency. This Lien Agreement shall not take effect until it has been approved by the CITY and it has been recorded against the Property.

C. Final Integrated Agreement. This Lien Agreement is intended to be the final expression of understanding between the Parties and supersedes any and all prior restrictions, promises, representations, warranties, agreements, understandings and undertakings between the Parties with respect to the within subject matter. No other statement or representation, written or oral, express or implied, has been received or relied upon entering into this Lien Agreement. All prior discussions, statements and negotiations shall be deemed merged into this Lien Agreement.

D. Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Lien Agreement and the intentions of the Parties.

E. Governing Law. This Lien Agreement shall be governed, interpreted, construed and enforced in accordance with the laws of the State of California. The Parties agree that all actions or proceedings arising in connection with this Lien Agreement shall be tried and litigated only in the state courts located in the County of Riverside, State of California, or federal courts located in the Central District of California.

F. Headings. The captions and Section headings used in this Lien Agreement are inserted for convenience of reference only and are not intended to define, limit or affect the construction or interpretation of any term or provision hereof.

G. Modification, Waiver and Amendment. No breach of this Lien Agreement or of any provision herein may be waived except by an express written waiver executed by the Party waiving such breach. Waiver of any one breach shall not be deemed a waiver of any other breach or provision of this Lien Agreement. This Lien Agreement may be amended, altered, modified or otherwise changed only by a writing duly executed by the Parties hereto or their authorized representatives, which the City Council authorizes the City Manager to negotiate and make modifications to this Lien Agreement, in a form approved by the City Attorney. No modification, waiver, amendment or discharge of this Lien Agreement shall be valid unless the same is in writing and signed by all Parties.

H. No Other Inducement. The making, execution and delivery of this Lien Agreement by the Parties hereto has been induced by no representations, statements, warranties or agreements other than those expressed herein.

I. Severability. If any term, provision, covenant or condition of this Lien Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Lien Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Lien Agreement shall be valid and enforceable to the fullest extent permitted by law.

Item Number: 2.

J. Successors and Assigns. This Lien Agreement shall run with the land and inure to the benefit of and bind all Parties hereto, their heirs, devisees, administrators, executors, successors and assigns.

K. Attorney Fees. In the event any action at law or in equity is brought to enforce the terms of this Lien Agreement, the prevailing Party shall be entitled to litigation costs and reasonable attorney fees
L. OWNER not Agent of CITY. Neither OWNER nor any of OWNER’s officers, directors, agents, employees, contractors, or successors in interest are or shall be considered to be agents of the CITY in connection with the performance of any of the OWNER’s obligations under this Lien Agreement.

M. Notice. All notices required by or provided under this Lien Agreement shall be in writing and delivered in person or sent by certified or registered mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail.

Notice to CITY: City of Desert Hot Springs
Attention: City Manager
11999 Palm Drive
Desert Hot Springs, CA 92240
Notice to Owner: Snider Investments, LLC
730 Arcady Road
Santa Barbara, CA 93108
N. Counterparts. This Lien Agreement may be executed in counterparts, each of which shall be deemed as original but all of which shall constitute one and the same instrument.

O. Authority. Each person signing this Lien Agreement warrants that s/he is duly authorized to execute this Lien Agreement on behalf of and bind the Party each purports to represent.
[SIGNATURES TO FOLLOW]
Item Number: 2.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.

CITY OF DESERT HOT SPRINGS
_____________________________
Frank Luckino, City Manager
ATTEST:
_____________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_____________________________
Tuan-Anh Vu, City Attorney

SNIDER INVESTMENTS, LLC
_____________________________
Name:

Title:

Item Number: 2.

EXHIBIT A
Legal Description
Item Number: 2.

EXHIBIT B

TITLE REPORT
Item Number: 2.

SR-24-198
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: September 17, 2024
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Agreement for Public Improvements with Snider Investments LLC, for PODs Project, Development Permit Number 22-4, 654640 19th Avenue RECOMMENDATION:

Authorize the City Manager to negotiate and execute the Agreement for Public Improvements between the City and Snider Investments LLC for public improvements related to PODs Project, Development Permit Number 22-4, located at 64640 19th Avenue.

BACKGROUND:

On March 28th, 2023, the Planning Commission approved Development Permit Number 22-4, for the development of a 60,000 square feet warehouse facility on a 4.86-acre parcel, along with parking, landscaping, and other associated improvements to be located on Assessor’s Parcel Number (APN) 666-360-017(Project). This building will be utilized by the PODs Moving and Storage Company.

DISCUSSION:

This Project has been under construction and is now close to completion.

The Developer is now seeking to obtain a Temporary Certificate of Occupancy but there are still outstanding improvements that have not been completed, therefore per the City’s Municipal Code

16.08.050, and the Project’s Condition of Approval Number 30, the Developer is requesting that the City Council approve the attached Improvement Agreement with corresponding Security.

The proposed Improvement Agreement will authorize the issuance of a Temporary Certificate of Occupancy and allow the Developer up to three (3) months to complete all of the Projects’ improvements. The Developer has submitted Security in the form of a Bond in an amount of One Hundred Eighty-One Thousand, Two Hundred Twenty-Four Dollars and Zero Cents ($181,224.00), which is equal to the total estimated construction cost of the outstanding improvements. Below is a list of the outstanding improvements and corresponding costs; Offsite Asphalt = $80,891.00
Offsite Concrete (curb and gutter, sidewalk, cross gutter) = $88,580.00 Offsite Pavement Markings and Signages = $11,753.00
Total = $181,224.00
Item Number: 3.

SR-24-198
The Developer will be required to pay all applicable administrative fees for processing this agreement.

FISCAL IMPACT:

The developer will submit security in the forms of bonds in an amount of One Hundred Eighty-One Thousand, Two Hundred Twenty-Four Dollars and Zero Cents ($181,224.00), which is equal to the total construction cost of the outstanding improvements ATTACHMENTS:
1) Improvement Agreement PODS Snider FINAL
2) Project Plans
3) Conditions of Approval
Item Number: 3.

1 AGREEMENT FOR

PUBLIC IMPROVEMENTS

BETWEEN

CITY OF DESERT HOT SPRINGS AND

SNIDER INVESTMENTS, LLC
Development Permit No. 22-4
This Public Improvement Agreement (“Agreement”), is made on September , 2024 by and between the City of Desert Hot Springs, a municipal corporation of the State of California and the County of Riverside, hereinafter referred to as “City,” and Snider Investments, LLC, hereinafter referred to as “Developer”, hereby acknowledge the following:

WHEREAS, the City of Desert Hot Springs on or about March 28, 2023, granted approval to a certain project designated as Development Permit No. 22-4 hereinafter referred to as “Development Permit”; and
WHEREAS, the Development Permit authorizes the development of a 60,000 square feet warehouse facility on a 4.86-acre parcel, along with parking, landscaping, and other associated improvements to be located on 64640 19th Avenue, Assessor’s Parcel Number (APN) 666-360-017 (“Project”); and
WHEREAS, the Project is close to completion and the Developer seeks a Temporary Certificate of Occupancy, but there several improvements have not been constructed; and
WHEREAS, in order to secure approval of said a Temporary Certificate of Occupancy, Developer will post a performance security bond in the amount of One Hundred Eighty-One Thousand, Two Hundred Twenty-Four Dollars and Zero Cents ($181,224.00) for the completion of all of the improvements as set forth in this Agreement; and
WHEREAS, this Agreement is executed pursuant to Section 16.08.050 Improvement agreement of the City of Desert Hot Springs Municipal Code.

NOW THEREFORE, for and in consideration of the approval of the Project, and in order to insure satisfactory performance by Developer of Developer’s obligations under said Development Permit and said ordinances of the City of Desert Hot Springs, the parties, for themselves, their successors and assigns, hereby agree as follows:

Section 1. Incorporation by Reference. The original development application and present development application, all maps on file, construction plans, detail maps and state laws, present City ordinances, and the other City rules, regulations and official acts with respect to this Project and all the terms and conditions of the Development Permit No. 22-4 are incorporated herein by reference as if set forth at length, except as expressly modified herein.

Item Number: 3.

2 Section 2. Installation/Replacement of Improvements.
(a) Developer shall construct as provided for in the original Development Permit, all curb and gutter, asphalt and base material, street striping and signage, landscaping, trash enclosure, and perimeter wrought iron fencing, and other improvements of any nature whatsoever as required by the Development Permit and shown on various plans approved by the City.

Section 3. Modification of Approved Plans. Developer agrees that if during the course of construction and installation of improvements it shall be determined by the City Engineer that revision of the approved plans is necessary in the public interest, it will undertake such design and construction changes as may be reasonable and are indicated by the City Engineer and approved by City. Said changes, if any, shall be confined to the premises owned by Developer.

Section 4. Security.
(a) Pursuant to Section 16.08.050 Improvement agreement of the City of Desert Hot Springs Municipal Code, Developer shall, concurrently with the execution hereof, furnish a surety bond or deposit in accordance with the General Guidelines On Use Of Financial Assurances and Security Provided by the Municipal Code in an amount equal to One Hundred Eighty-One Thousand, Two Hundred Twenty-Four Dollars and Zero Cents ($181,224.00) for the cost of improvements as approved by the City Engineer as security for the faithful performance of this Agreement. (b) Concurrently with the execution hereof, Developer shall furnish a surety bond or deposit in an amount equal to at least fifty percent (50%) of the estimated cost of improvements as approved by the City Engineer as security of the payment of all persons performing labor and furnishing materials in connection with this Agreement. (c) The surety on each bond and the form thereof shall be satisfactory to the City Attorney.
(d) Pursuant to Section 16.08.110 of the City of Desert Hot Springs Municipal Code, a surety bond or deposit shall be released upon final inspection and acceptance by the City Engineer.
(e) In the event of completion by Developer and acceptance by the City Engineer of a portion of the work in accordance with Section 16.08.140 of the Desert Hot Springs Municipal Code, the City Manager, with concurrence of the City Engineer, may amend this Agreement to allow for security reductions in proportion to the total amount of work accepted.

Section 5. Timing of Performance.
(a) At least fifteen (15) calendar days prior to the commencement of work hereunder, Developer shall notify the City Engineer in writing of the date fixed by Developer for Item Number: 3.

3 commencement thereof, so that the City Engineer shall be able to provide services of inspection.
(b) It is agreed that the work to be performed shall be completed (three months) from the date of commencement indicated above.

Section 6. Time of Essence.
(a) Time is of the essence in the performance of this Agreement. (b) In the event good cause is shown, the City Engineer may extend the time for completion of the improvements. The City Engineer shall be the sole and final judge as to whether or not cause has been shown to entitle Developer to an extension. (c) Any such extension may be granted without notice to the Developer’s surety, and extensions so granted shall not relieve the surety’s liability on the bond to secure the faithful performance of the Agreement.

Section 7. Work Performance.
(a) Developer will do and perform, or cause to be done and performed, at Developer’s own expense, in a good and workmanlike manner, and furnish all required materials, all under the direction and to the satisfaction of the City Engineer, all the work and improvements, within or without the project, necessary to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by the City Engineer, which in his/her opinion are necessary or required to complete the work. (b) All work shall be conducted and completed in accordance with present state codes and local laws, ordinances and regulations, and all maps, plans and specifications on file with City. Where any such construction has been partially completed prior to this Agreement, developer agrees to complete them in accordance with this paragraph. (c) Neither Developer nor any of Developer’s agents or contractors are or shall be considered to be agents of City in connection with the performance of Developer’s obligations under this Agreement.

Section 8. City Held Harmless From Liability.
(a) Developer hereby agrees to, and shall hold City, its elective and appointive boards, commissions, officers, agents, and employees harmless from any liability for claims for damages arising from personal injury, including death, as well as from claims for property damage which may arise from Developer’s or Developer’s contractors’, subcontractors’, agents’, or employees’ activities or operations conducted or alleged to have been conducted pursuant to this Agreement.
(b) Developer agrees to, and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity Item Number: 3.

4 for damages caused, or alleged to have been caused, by reason of any of the aforementioned activities or operations conducted or alleged to have been conducted pursuant to this Agreement.
(c) City shall be held harmless by Developer for all claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the activities or operations arising, or alleged to have arisen, from this Agreement, excluding, however, any claims arising from the sole negligence or willful misconduct of the City, regardless of whether or not City has prepared, supplied or approved of, plans and/or specifications for the Development Permit, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. (d) Acceptance by City of said improvements, the deposit of certain monies made pursuant to this Agreement by Developer, or the existence of any of the insurance policies described in this Agreement do not and shall not waive any rights City may otherwise have against Developer.

Section 9. Liability Insurance Required.
(a) Developer shall take out and maintain during the life of this Agreement comprehensive general liability insurance as shall insure City, its elective and appointive boards, commissions, officers, agents, and employees, Developers and any contractor or subcontractor performing work covered by this Agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Developer’s or any contractor’s or subcontractor’s operations hereunder, whether such operations be by Developer or any contractor or subcontractor, or by anyone directly or indirectly employed by either Developer or any contractor or subcontractor.
(b) Developer agrees to carry a comprehensive general liability policy with limits of $1,000,000.00 for bodily injury and $1,000,000.00 for property damage. Said policy shall include coverage for manufacturers and contractors, independent contractors, products and completed operations and personal injury. Developer also agrees to name City as an additional named insured.
(c) A certificate of insurance, as described in Section 11, covering the above items shall be filed with the City Clerk. Such insurance shall have been approved by the City Attorney as to form and carrier.

Section 10. Workmen’s Compensation Insurance.
(a) Developer shall maintain, during the life of this Agreement, Workmen’s Compensation Insurance for all Developer’s employees employed at the work site(s), and in case any work is sublet, Developer shall require any contractor or subcontractor similarly to provide Workmen’s Compensation Insurance for all contractor’s or subcontractor’s employees, unless such employees are covered by the protection afforded by Developer.

Item Number: 3.

5 (b) In case any class of employees engaged in work under this Agreement at the work site(s) is not protected under any Workmen’s Compensation law, Developer shall provide and shall cause each contractor or subcontractor to provide, adequate insurance for the protection of employees not otherwise protected.
(c) Developer hereby indemnifies City for any damage resulting to it from failure of either Developer or any contractor of subcontractor to take out or maintain such Insurance.

Section 11. Certificate of Insurance.
(a) Developer shall furnish City concurrently with the execution hereof, with satisfactory evidence of insurance required and evidence that each carrier is required to give City at least thirty (30) days prior notice of the cancellation or reduction in coverage of any policy during the effective period of this Agreement. (b) Developer shall not commence work under this Agreement until Developer shall have obtained all insurance required pursuant to this Section, and such insurance has been approved by City.
(c) Developer shall not allow any contractor or subcontractor to commence work on his/her contract or subcontract until all similar insurance required of the contractor or subcontractor has been obtained and approved by City.

Section 12. Necessary Permits and Requisite Fees
(a) Prior to proceeding with the work, Developer shall, at Developer’s expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices, and pay all fees and taxes required by law. (b) Developer agrees to procure, at its expense, any necessary permits required for the opening of any state or county roads or easements outside the jurisdiction of City.

Section 13. Utility Deposits Statement.

Developer shall file with the City Clerk, prior to the commencement of any work to be performed within the area delineated on the project maps, a written statement signed by Developer, and each public utility corporation involved, to the effect that Developer has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision.

Section 14. On-Site Supervision.
(a) Developer shall provide an on-site supervisor, satisfactory to the City Engineer, on the work site(s) at all times during the construction of said improvements, with the authority to act for Developer.

Item Number: 3.

6 (b) Developer shall maintain improvements until acceptance by City. Prior to acceptance, City shall not be responsible for road or other improvements, maintenance or care until the same shall be accepted, nor shall City exercise any control over the improvements.
(c) In the event of default of these obligations by Developer, City without notice to the Developer, may do the same at Developer’s expense.

Section 15. City Inspections.

Developer shall at all times maintain proper facilities, and provide safe access for inspection by the City, to all parts of the work site(s) including any workshops or plants where work related to the subdivision project is being conducted.

Section 16. Acceptance of Improvements by City.
(a) Upon the proper completion of these improvements and their approval by the City Engineer, and if these improvements then comply with all present state laws, present City ordinances and other City rules, regulations and requirements, City will then accept the public improvements.
(b) Title to, and ownership of, all public improvements constructed hereunder by Developer or City shall vest absolutely in City, upon completion and acceptance of such improvements by City.

Section 17. Defective Construction.
(a) If within one year after final acceptance of the work performed under this Agreement, any structure or part of any structure furnished and/or installed or constructed, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Developer shall, without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. (b) If Developer fails to act promptly or in accordance with the requirements set forth in this Section, or should the exigencies of the case require repairs or replacements to be made before Developer can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Developer shall pay to City the actual cost of such repairs plus fifteen percent (15%).

Section 18. Notice.
(a) All notices shall be sent to the City at:

City of Desert Hot Springs
City Manager
11-999 Palm Drive
Desert Hot Springs, CA 92240
Item Number: 3.

7 (b) All notices shall be sent to the Developer at:
(c) All notices herein required shall be in writing and delivered in person or sent by registered mail, postage prepaid.
(d) If one party provides written notice to the other party of a change of address, all further notices shall be addressed and transmitted to the new address.

Section 19. Noncompliance.

If City determines that there is a violation of present state laws, City ordinances, other City rules, regulations and requirements, and/or the terms and provisions of this Agreement, it may issue a cease and desist order.

Section 20. Notice of Breach and/or Default.

If Developer refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if Developer should be adjudged a bankrupt, or Developer should make a general assignment for the benefit of Developer’s creditors, or if a receiver should be appointed in the event of Developer’s insolvency, or if Developer, or any of Developer’s contractors, subcontractors, agents, or employees should violate any of the provisions of this Agreement, the City Engineer or City may serve written notice upon Developer and Developer’s surety of breach of this Agreement, or of any portion thereof, and default of Developer.

Section 21. Performance by Surety or City.
(a) In the event of a breach and/or default, Developer’s surety shall have the duty to take over and complete the work and the improvements herein specified. (b) If the surety within five (5) days after receiving notice of Developer’s breach and/or default does not provide City written notice of its intention to take over the performance of the contract and does not commence performance thereof within five (5) days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any method City may deem advisable, for the account and at the expense of Developer, and Developer’s surety shall be liable to City for any excess cost or damages occasioned by City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Developer as may be on the work site(s) and necessary therefor.

Section 22. Successors in Interest.

This Agreement shall run with the land, as shall also the covenants herein contained, and shall be to the benefit of City and its successor and assigns.

Item Number: 3.

8 Section 23. General Provisions.
(a) Administrative Fees. The Developer is required to pay all administrative fees required to process this agreement.
(b) Severability. If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.
(c) Governing Law. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law. (d) Cumulative Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other party. (e) Venue. All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.
(f) Litigation Expenses and Attorney’s Fees. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. In no such action, suit, or proceeding shall the award of attorney’s fees to a prevailing party exceed the amount of attorney’s fees incurred by the City in the action, suit, or proceeding.
(g) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original.
(h) Entire Agreement. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and supersedes any and all other agreements, either oral or written, between the City and Developer.

Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.

Item Number: 3.

9 (i) Conflicts of Interest. Developer covenants that it does not have any interest, nor shall it acquire an interest, directly or indirectly, which would conflict in any manner with the performance of Developer’s services under this Agreement. In the event the City officially determines that Developer must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Developer shall file the subject Form 700 with City Hall, as specified under the Notice provisions of this Agreement, pursuant to the written instructions provided by the City.
(j) Effective Date. This Agreement is effective as of the effective date written in the first paragraph.
(k) Amendments. This Agreement may be modified or amended only by a written instrument signed by both Parties.
(l) General Release. Except as set forth in this Agreement, Thrive releasees the City, and its elected officials, directors, officers, employees, agents, contractors, attorneys, and successors and assigns from any and all claims, demands, liabilities, obligations, costs, expenses, fees, actions, and/or causes of action that Thrive has or has had as of the effective date of this Agreement arising out of, or connected to, this Agreement. (m) Termination. This Agreement may be terminated by the City immediately for cause. The City may terminate this Agreement without cause upon thirty (30) days’ written notice of termination. Upon termination, Contractor shall be entitled to compensation for services performed up to the effective date of termination. (THIS AREA LEFT INTENTIONALLY BLANK)
Item Number: 3.

10 IN WITNESS WHEREAS, the undersigned have affixed their signatures at Desert Hot Springs, California the day and year first above written.

CITY OF DESERT HOT SPRINGS
_________________________________
Scott Matas
Mayor

SNIDER INVESTMENTS, LLC
Name:

Its:

ATTEST:

Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
___________________________________
Tuan-Anh Vu, City Attorney
Item Number: 3.

SCOPE OF WORK PROPERTY OWNER SHEET INDEX VICINITY MAP THE DESIGNER SHALL BE ADVISED OF ANY DISCREPANCIES OR CONFLICTS IN THE DRAWINGS PRIOR TO BEGINNING CONSTRUCTION. IT IS THE RESPONSIBILITY OF THE CONTRACTOR / SUB-CONTRACTORS TO VERIFY ALL DIMENSIONS, DETAILS, AND FIELD CONDITIONS PRIOR TO THE COMMENCEMENT OF WORK, AND TO ADVISE THE DESIGNER OF ANY DISCREPANCIES BETWEEN THE CONSTRUCTION DOCUMENTS AND SITE CONDITIONS. THE GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR INSURING THAT ALL MATERIALS, WORKMANSHIP, AND METHODS OF CONSTRUCTION ARE IN STRICT CONFORMANCE WITH THE APPLICABLE EDITIONS OF THE UNIFORM BUILDING CODE, THE UNIFORM ELECTRICAL CODE, THE UNIFORM MECHANICAL CODE, THE UNIFORM PLUMBING CODE, THE UNIFORM FIRE CODE, AND THE NATIONAL ELECTRICAL CODE, AS WELL AS ALL APPLICABLE LAWS AND ORDINANCES OF THE LOCAL GOVERNING AGENCY AND BUILDING OFFICIAL. DETAILS AND CONDITIONS NOTED AS "TYPICAL" SHALL BE CAREFULLY CONSIDERED PRIOR TO CONSTRUCTION, AND THE CONTRACTOR / SUB-CONSTRACTOR SHALL NOTIFY THE DESIGNER OF ANY POTENTIAL CONFLICT. ENCROACHMENT PERMITS FROM THE PROPER GOVERNING AGENCY ARE REQUIRED PRIOR TO CONSTRUCTION OF ANY SUBSURFACE, SURFACE, OR OVERHEAD STRUCTURES IN THE PUBLIC RIGHT-OF-WAY. IT IS REQUIRED THAT THE ENCROACHMENT PERMITS BE APPROVED AND OBTAINED PRIOR TO THE ISSUANCE OF ANY GRADING AND/OR BUILDING PERMITS. IT IS THE RESPONSIBILITY OF ALL SUB-CONTRACTORS INVOLVED WITH THE WORK TO PROPERLY COORDINATE WITH THE WORK OF OTHER TRADES, AND TO NOTIFY THE GENERAL CONTRACTOR OF ANY DEFECTS OR DEFICIENCIES IN PREVIOUS WORK BY OTHERS WHICH IS NOT IN CONFORMANCE WITH THE CONSTRUCTION DOCUMENTS OR WHICH ADVERSELY AFFECTS THE QUALITY OF SUBSEQUENT WORK. THE GENERAL CONTRACTOR AND SUB-CONTRACTORS SHALL BE AT ALL TIMES IN COMPLIANCE WITH THE CONTRACTOR'S LICENSE LAW, AND SHALL MAINTAIN CURRENT LICENSES THROUGHOUT THE ENTIRE COURSE OF WORK. THE CONTRACTOR SHALL PROVIDE THE OWNER UPON THE COMPLETION OF THE WORK, ALL APPLICABLE WARRANTIES, GUARANTIES, MANUALS, REGISTRATION FORMS, AND OPERATING INSTRUCTIONS FOR ALL MATERIALS, EQUIPMENT, AND INSTALLATIONS ON THE JOB. PREPARATION AND TREATMENT OF SOIL AT THE SITE SHALL BE AT THE DIRECTION OF A QUALIFIED GENERAL CONTRACTOR. IT IS THE RESPONSIBILITY OF THE OWNER TO UNDERTAKE ALL SITEWORK, GRADING AND FOUNDATION PREPARATION IN CONFORMANCE WITH RECOMMENDATIONS OF PLANS. GRADING OPERATIONS SHALL AT NO TIME ALLOW DRAINAGE TO FLOW TO ADJACENT PROPERTIES. FINISH GRADE OF THE SITE, SUBSEQUENT TO COMPLETION OF ALL STRUCTURES, IMPROVEMENTS, AND LANDSCAPING, SHALL DIRECT SURFACE WATER AWAY FROM THE BUILDING FOUNDATIONS A MINIMUM DISTANCE OF FIVE FEET, THENCE, VIA SURFACE SWALES AND/OR UNDERGROUND DRAINS, TOWARD AND INTO APPROVED DRAINAGE WAYS. ALL SITE PREPARATION AND GRADING SHALL BE IN CONFORMANCE WITH THE CONSTRUCTION DOCUMENTS AND CHAPTERS 18 AND 33 OF THE UNIFORM BUILDING CODE. DESIGNER J. VILLA & COMPANY INC. 29433 COLE GRADE ROAD VALLEY CENTER, CA 92082 PH: (760)-688-7430 E-MAIL: [email protected] JVillaCompany.com BUILDER GENERAL PLAN NOTES DESIGN CRITERIA AREA TABULATIONS PROJECT INFORMATION SITE THIS PROJECT SHALL COMPLY WITH THE FOLLOWING CITY ADOPTED CODES AND AMENDMENTS: 2019 CALIFORNIA BUILDING CODE (CBC) AND/OR 2019 GREEN BUILDING STANDARD CODE (CALGREEN) 2019 CALIFORNIA ELECTRICAL CODE (CEC) 2019 CALIFORNIA MECHANICAL CODE (CMC) 2019 CALIFORNIA PLUMBING CODE (CPC) 2019 CALIFORNIA FIRE CODE (CFC) 2019 CALIFORNIA ENERGY EFFICIENCY STANDARDS (CBEES) PROPOSED FRONT EXTERIOR PERSPECTIVE LEGAL DESCRIPTION T1 TITLE 24 ENERGY CALCULATION Revisions Description Date TITLE SHEET ZONE LIGHT INDUSTRIAL (I-L) CONSTRUCTION TYPE 3B SPRINKLED OCCUPANCY S-1 NON SEPARATED MIXED USE PER 2019 CBC TABLE 506.2 MAX ALLOWABLE BUILDING AREA = 75,000 S.F. OCCUPANCY S-1, TYPE 3B, SPRINKLED SINGLE STORY BUILDING HEIGHT & SETBACKS PER ALLOWED ZONING "LI" ON SHEET A001 PROPOSED BUILDING HEIGHT = 36'-0" VBuilding Design & Planning
J. Villa & Company Inc.
29433 Cole Grade Road, Valley Center, Ca 92082 760-688-7430 JVillaCompany.com M.E.P. ENGINEERING & DESIGN ALPHA MEP ENGINEERING JEREMY HATFIELD, PE 714-982-1787 [email protected] C
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jVillaCompany.com LOT AREA: A.P.N. 663-270-004 14.62 AC. NET 19 th AVENUE , DESERT HOT SPRINGS, CALIF. 92240 PROPOSED NEW 1 STORY CONCRETE TILT-UP BUILDINGS FOR MOVING & STORAGE PODS AND DISTRIBUTION OFFICE 13310 LITTLE MORONGO ROAD. DESERT HOT SPRINGS, CA 99401 APN 663-270-004 BLOCK 270 MAP 663 N.T.S - SEE SHEET A001 T1 TITLE / INFO SHEET A001 SITE PLAN L1 CONCEPTUAL LANDSCAPE PLAN ESO1 SITE LIGHTING PLAN ES02 PHOTOMETRIC LIGHT DISTRIBUTION A101 OVERALL FLOOR PLAN A102 OFFICE FLOOR PLAN DETAIL A103 ROOF PLAN A201 EXTERIOR ELEVATIONS A202 EXTERIOR PERSPECTIVES A203 COLORED ELEVATIONS A204 COLORED ELEVATIONS A301 BUILDING SECTIONS E101 FLOOR PLAN - POWER E201 FLOOR PLAN - LIGHTING E401 ENLARGED FLOOR PLAN ELECTRICAL S1 STRUCTURAL NOTES AND LEGENDS S2 FOUNDATION PLAN S3 INTERIOR WALL PANEL ELEVATIONS S4 INTERIOR WALL PANEL ELEVATIONS SNIDER INTERESTS, LLC DAVID SNIDER 730 ARCADY ROAD SANTA BARBARA, CA 93108 (216) 785-0011 [email protected] 19th AVENUE DESERT HOT SPRINGS, CA 99401 ENGINEER OF WORK PODS MOVING AND STORAGE DISTRIBUTION CENTER TENANT INFORMATION PRELIM 5-04-2022

SNIDER INTERESTS, LLC

DAVID SNIDER
730 ARCADY ROAD
SANTA BARBARA, CA 93108
(216) 785-0011
[email protected]
SNIDER INTERESTS, LLC DAVID SNIDER 730 ARCADY ROAD SANTA BARBARA, CA 93108 (216) 785-0011
[email protected] TO BE DETERMINED: LEASED BY: SNIDER INTERESTS, LLC MR. DAVID SNIDER 730 ARCADY ROAD SANTA BARBARA, CA 93108 (216) 785-0011
[email protected] BUILDING LEVEL 1 60,000 S.F. GROSS AREA

NEW COMMERCIAL WAREHOUSE BUILDING
DESERT HOT SPRINGS, CA 92240
PODS MOVING & STORAGE, D.H.S ALPHA MEP ENGINEERING JEREMY HATFIELD, PE 714-982-1787 [email protected] DENMARK ENGINEERING CLIFFORD T. DENMARK, PE 619-565-5942 [email protected]

Item Number: 3.
19TH AVENUE

PROPOSED BUILDING

POD WAREHOUSE
60,000 SF (TOTAL)
Ex. C/L & Project Boundary NO PARKING NO PARKING NO PARKING CALLE DE LOS RAMOS 32' 5' 7' 23.6' 44' Prop. Sidewalk
28' 5' 6' 7' 30' 18' 10' 9' TYP.

Prop. Gate 18' 6.5' 30'
9'
TYP. 210' 67.3'
260' 6' 30' 27.705' 18' 128.1' 34.3' 6'
18' 9' TYP. 35.2'
143' 64.5' 68.5'
Ex. Project Boundary
Ex. Sewer Main
Prop. Curb & Gutter
Prop. Project Boundary Ex. Project Boundary
Prop. Sidewalk
Prop. Curb & Gutter
Ex. Gas
Ex. C/L
Ex. Water Main
Prop.

Gate
Prop. Underground
Retention (Typ.)
5' 5' 5' 6'
3 30' 244'
A
10'
1 39'
N 00°30'43" E 425.19'
N 88°51'06" E 382.93'
N 00°44'53" W 451.33'
N 89°15'29" E 368.28' N 46°18'24" W 33.60'
Prop. Wrought Iron or
Tubular Steel Fence (Typ.)
Prop. Wrought Iron or
Tubular Steel Fence (Typ.)
Prop. Retention Basin
Prop. UndergroundRetention (Typ.)
18' 19' 18' 269' 18' 6.1'
13' 30' 35.1'
93 39'
B
B
A A
10' 12' 12'
39' IMPROVEMENTS BY OTHERS
78' ULTIMATE R/W
39' PROPOSED IMPROVEMENTS
12' 10' 11'
5' 6' 6' 5'
11'

SECTION A-A

CALLE DE LOS ROMOS
(Industrial Collector)
N.T.S.
(PER RIVERSIDE COUNTY STANDARD 111)

FUTURE R/W

BY OTHERS
PROP.

R/W
PROP. PAINTED
MEDIAN

LANE LANE LANE LANE
& GUTTER
PROP. CURB
PROP.

SIDEWALK
PROP. LANDSCAPE

PARKWAY
CL
12' 12' 12'
44' IMPROVEMENTS BY OTHERS
88' ULTIMATE R/W
44' PROPOSED IMPROVEMENTS CL
PROP. SIDEWALK
PROP. CURB &
GUTTER

FUTURE SIDEWALK

FUTURE CURB &
GUTTER
8' 12' 12' 12' 8'

SECTION B-B
19TH AVENUE
(Major Arterial)
N.T.S.
(PER CITY OF DESERT HOT SPRINGS GENERAL PLAN)
PROP.

R/W

FUTURE R/W

BY OTHERS

LANE LANE LANE LANE BIKE
LANE
BIKE
LANE
PROP. LANDSCAPE

PARKWAY

TECHNICAL SITE PLAN

DATA TABLE
ASSESSOR'S PARCEL NUMBER: 666-360-017
EXHIBIT DATE: JULY 13, 2022
SOURCE OF TOPOGRAPHY:

ADDRESS:

INLAND AERIAL SURVEYS, INC.
7117 ARLINGTON AVENUE, SUITE "A"
RIVERSIDE, CALIFORNIA 92503
DATE OF TOPOGRAPHY: FEBRUARY 20, 2015
EXHIBIT PREPARER:

ADDRESS:

MSA CONSULTING, INC.
34200 BOB HOPE DRIVE
RANCHO MIRAGE, CALIFORNIA 92270
CONTACT: PAUL DEPALATIS, AICP TELEPHONE: (760) 320-9811

REVISIONS
NO. DATE

IN THE CITY OF DESERT HOT SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LEGAL DESCRIPTION:

DESCRIPTION
MSA CONSULTING, INC.
> PLANNING > CIVIL ENGINEERING > LAND SURVEYING
34200 Bob Hope Drive, Rancho Mirage, CA 92270
760.320.9811 msaconsultinginc.com
SHEET
SHEETS
1 OF
1 TELEPHONE: (951) 687-4252
APPLICANT:

ADDRESS:

CONTACT:
730 ARCADY ROAD
MONTECITO, CALIFORNIA 93108

DAVID SNIDER

ALMAR MANAGEMENT, LLC
PUBLIC UTILITY PURVEYORS:

SOUTHERN CALIFORNIA EDISON

SOUTHERN CALIFORNIA GAS COMPANY

FRONTIER COMMUNICATIONS

MISSION SPRINGS WATER DISTRICT

SPECTRUM

COACHELLA VALLEY WATER DISTRICT

UNDERGROUND SERVICE ALERT

EXISTING GROSS ACREAGE -
EXISTING ZONING:

PROPOSED ZONING:

EXISTING GENERAL PLAN LAND USE:

PROPOSED GENERAL PLAN LAND USE:

LIGHT INDUSTRIAL (I-L)

INDUSTRIAL (I)
LAND USE DESCRIPTION: ACREAGE
ZONE "X": 0.2% ANNUAL CHANCE FLOOD & AREAS OF MINIMAL FLOOD HAZARD

AS SHOWN ON RIVERSIDE COUNTY, CALIFORNIA, FLOOD INSURANCE RATE MAP, COMMUNITY PANEL MAP NUMBER: 06065C0895G
FEMA FLOOD ZONE DESIGNATION:

EFFECTIVE DATE: AUGUST 28, 2008.

LIQUEFACTION: MODERATE LIQUEFACTION ZONE
NOTE: 1.

INDUSTRIAL (I)
(760) 324-4991
(800) 427-2200
(800) 921-8101
(760) 329-6448
(877) 719-3278
(760) 398-2651
(800) 227-2600
ELECTRIC:

GAS:

TELEPHONE:

WATER:

CABLE:

SEWER:

USA:

THIS MAP INCLUDES THE ENTIRE CONTIGUOUS OWNERSHIP OF THE LAND DIVIDER.

PROPOSED NET ACREAGE 100%
PROPOSED PUBLIC RIGHT OF WAY DEDICATION - (CALLE DE LOS RAMOS & 19TH AVENUE)

LIGHT INDUSTRIAL (I-L)
A PORTION OF THE NORTHEAST 1/4, SECTION 14, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN.

POD WAREHOUSE 80 STALLS
TOTAL PARKING PROVIDED 93 STALLS
COUNT
1 STALL PER 750 SF
-

PARKING RATIO
60,000 SF
-

BUILDING SF
100%
ONSITE PARKING DATA: PERCENTAGE

PROPOSED BUILDING (POD WAREHOUSE)
LANDSCAPE AREAS & RETENTION BASIN 23,771 SF 0.54 AC. 13% LAND USE DATA: SF AREA PERCENTAGE
SURROUNDING LAND USES:

NORTH: VACANT LAND (ZONED: LIGHT INDUSTRIAL)
SOUTH: VACANT LAND (ZONED: LIGHT INDUSTRIAL)
EAST: VACANT LAND (ZONED: LIGHT INDUSTRIAL)
WEST: COMMERCIAL (ZONED: SPECIFIC PLAN)
ACCESS ROADS, HARDSCAPE & PARKING 90,457 SF 2.08 AC. 52% TOTAL PARKING REQUIRED - - 80 STALLS 100%
-
EAST
NORTH
SOUTH
WEST

CENTERLINE

EASEMENT

EXISTING
(E)
(N)
(S)
(W)
C/L
ESMT.

EX.

ABBREVIATIONS

AC ACREAGE

C&G CURB AND GUTTER

APN ASSESSORS PARCEL NUMBER

E/P EDGE OF PAVEMENT
A.C. ASPHALT CONCRETE
MIN. MINIMUM
MAX. MAXIMUM

EXISTING IRRIGATION

EXISTING GAS

EXISTING EASEMENT

EXISTING ELECTRIC

EXISTING IRRIGATION DRAIN LINE

EXISTING CABLE

EXISTING CONTOURS

EXISTING SPOT ELEVATIONS
LEGEND
X

EXISTING EASEMENT DELTA

EXISTING LOT LINE

EXISTING TELEPHONE

BNDRY BOUNDARY

EXISTING EDGE OF PAVEMENT
M.B. MAP BOOK
1 EXISTING EASEMENT NOTES:

DESERT HOT SPRINGS PER P.M. 248/90-92. (PLOTTED HEREON) 39' EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES DEDICATED TO THE CITY OF

EXISTING SEWER

EXISTING RIGHT OF WAY

PROPOSED CURB

PROPOSED EASEMENT

EXISTING SEWER FORCE MAIN

EXISTING WATER

PROPOSED LOT LINE

PROPOSED RIGHT OF WAY

PROPOSED AND EXISTING CENTER LINE

TENTATIVE TRACT MAP BOUNDARY
NUMBER

PROPOSED

RIGHT OF WAY

TYPICAL
NO.

PROP.

R/W
TYP.

P.U.E. PUBLIC UTILITY EASEMENT

SF SQUARE FEET

R RADIUS
STD. STANDARD

P/L PROPERTY LINE
N.T.S. NOT TO SCALE

R-L LOW DENSITY (RESIDENTIAL)

UG UNDERGROUND

O/H OVERHEAD

OS/PP OPEN SPACE / PARKS
PG. PAGE

EXISTING OVERHEAD TELEPHONE
60,000 SF 1.38 AC. 35%
2 DESERT HOT SPRINGS PER P.M. 248/90-92. (PLOTTED HEREON) 44' EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES DEDICATED TO THE CITY OF 3 WATER DISTRICT REC. 4/3/2018 AS DOC NO. 2018-0223211. (PLOTTED HEREON) 30' EASEMENT FOR SEWER AND INCIDENTAL PURPOSES IN FAVOR OF MISSION SPRINGS

A (PLOTTED HEREON)
10' PRIVATE WATER EASEMENT.

LAND OWNER:

ADDRESS: 730 ARCADY ROAD
MONTECITO, CALIFORNIA 93108

ALMAR MANAGEMENT, LLC

X PROPOSED PARKING STALLS

4.84 AC.

ACREAGE

4.00 AC.

0.84 AC.
211,032 SF

ACREAGE
174,228 SF
36,804 SF
N.T.S.

VICINITY MAP
19TH AVE. INDIAN CANYON DR.
18TH AVE.
20TH AVE.

INDIAN
GARNET AVE.

AVE.

INTERSTATE CALLE DE
CITY OF 10 LOS ROMOS

SITE LITTLE MORONGO ROAD

PALM SPRINGS

CITY OF

DESERT HOT

SPRINGS

COUNTY OF

RIVERSIDE
R:\2767\Acad\Planning\Site Plan\2767 Technical Site Plan.dwg, 7/13/2022 7:41:59 AM, dgallerani, MSA Consulting, Inc.

Item Number: 3.

X X X X X X X X X X X X
X
X
X

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X

X X X X X X

X X X X X X X

X X X X X X

X X X X X X

X X X X X X

X X X X X X X

X X X X X X

X X X X X X

X X X X X X

X X X X X X X X X X X X X X X X X X X X X X X X X X

X X X X X X X X

X X X X
X X X
CL

DESERT HOT SPRINGS, CALIFORNIA
LANDSCAPE PLANS FOR:

S H E E T
SCALE:

REVISION

L A N D S C A P E D E S I G N

DESERT MODERN
LANDSCAPE ARCHITECTURAL SERVICES BY: Calle De Los Romos and 19th Avenue
Commercial Building
0' 40'
SCALE 1"=20'-0"
20' 60' 80'