Desert Hot Springs City Zoning Code

"Accessory structures" means a structure that is located upon the same site as the structure or use to which it is accessory. Accessory structures may consist of detached structures or additions to primary structures. The use of an accessory structure is incidental and subordinate to the use of the principal structure, or to the primary land use of the site. Does not include habitable accessory structures such as accessory dwelling units (ADUs).

"Accessory uses" means a use that is customarily associated with, and is incidental and subordinate to, the primary use and located on the same parcel as the primary use. Accessory use includes active or passive solar heating systems and cogeneration facilities.

Extremely low income - 0-30% of AMI.

Very low income - 30-50% of AMI.

Low income - 50-80% of AMI.

Moderate income - 80-120% of AMI.

Above moderate income - 120%+ of AMI.

"Alcohol sales, off-site" means any business selling alcoholic beverages as a primary use, including beer, wine, distilled spirits, hard liquor, and/or any other alcoholic beverages. Does not include grocery stores, convenience stores, warehouse stores, or other alcohol sales authorized as part of an off-site wine tasting room or food and beverage product manufacturing.

"Alcoholic beverage sales, for on-site or off-site consumption, in conjunction with an allowed use" means any business selling alcoholic beverages as an accessory use for on-site or off-site consumption, including beer, wine, distilled spirits, hard liquor, and/or any other alcoholic beverages. Does not include grocery stores, convenience stores, warehouse stores, or other alcohol sales authorized as part of an off-site wine tasting room or food and beverage product manufacturing.

"Animal boarding/kennels" means the commercial provision of shelter and care for dogs, cats, other household animals, and horses (where allowed); including overnight boarding and activities associated with such shelter and care (e.g., feeding, exercising, grooming, and incidental medical care).

"Animal grooming" means the commercial provision of bathing and trimming services for dogs, cats, and other household animals permitted by the Municipal Code. Overnight boarding is not included with this use (see "Animal boarding/kennels").

"Animal shelter" means an establishment that provides a temporary home for dogs, cats, and other animals that are commonly offered for adoption with the provision of adequate heat, ventilation, sanitary shelter and wholesome and adequate food and water, in each case consistent with the normal requirements and feeding habits of the animal's size, age, species, breed, and physical condition.

"Veterinary services, large animal" means veterinary services for livestock, farm animals, and other large animals. This classification allows 24-hour accommodation of animals receiving medical services.

"Veterinary services, small animal" means veterinary services for household pets. This classification allows 24-hour accommodation of animals receiving medical services but does not include kenneling of animals not receiving medical services (see "Animal boarding/kennels").

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

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

Arcades.

Archery and gun ranges.

Batting cages.

Bowling alleys.

Billiard parlors/poolhalls.

Dance halls.

Darts and axe throwing.

Handball.

Ice rinks.

Laser tag.

Racquetball.

Skateboarding, skating, and roller hockey rinks.

Theaters.

Amphitheaters.

Amusement parks.

Badminton.

Batting cages.

Bocce ball.

Drive-in theaters.

Go-cart and miniature auto racetracks.

Golf driving ranges (separate from golf courses).

Miniature golf courses.

Motorcycle racing and drag strips.

Pickleball.

Racetracks.

Shooting ranges.

Skateboard parks.

Stadiums and coliseums.

Swim and tennis clubs.

Swimming pools.

Tennis courts.

Water slides.

Zoos.

"Dwelling, multiple family" means 2 or more dwelling units attached or detached on a site or lot, which does not include an accessory dwelling unit. Types of multiple unit dwellings include a duplex, triplex, fourplex, townhouses, common interest subdivisions, garden apartments, senior housing developments, and multistory apartment buildings. Multiple-unit dwellings may also be combined with nonresidential uses as part of a mixed-use development.

"Dwelling, single-family" means a dwelling unit designed for occupancy by 1 household which is not attached to or located on a lot with commercial uses or other dwelling units, other than an accessory dwelling unit. This definition also includes individual manufactured housing units installed on a foundation system pursuant to Health and Safety Code Section 18551.

"Bars, lounges, nightclubs, and tasting rooms" means any establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premises license from the State Department of Alcoholic Beverages and in which persons under 21 years of age are restricted from the premises. References to the establishment shall include any immediately adjacent area that is owned, leased, or rented, or controlled by the licensee. This use includes wine tasting rooms and micro-breweries where alcoholic beverages are sold and consumed on site and any food service is subordinate to the sale of alcoholic beverages. Does not include adult entertainment businesses.

"Food preparation/catering (no on-site sales or service)" means businesses preparing and/or packaging food for off-site consumption, excluding those of an industrial character in terms of processes employed, waste produced, water used, and traffic generation. Typical uses include catering kitchens, bakeries, and small-scale specialty food production. Food preparation may also be considered accessory to allowed restaurant uses.

"Restaurant

Full or limited service, no alcohol sales" means establishments where food and beverages may be consumed on the premises, taken out, or delivered.

"Restaurant

Full or limited service, serving alcohol" means a restaurant that provides alcohol service.

Restaurant — with Drive-Through Facilities. See "Drive-through or drive-up facilities."

"Snack bar" means a food facility limited to serving labeled prepackaged food, including, but not limited to, candy, chips, prepackaged cookies, canned beverages, hot dogs, sandwiches, or comparable items which are considered non-potentially hazardous and limited to single service utensils.

"Large family daycare home" means a facility that provides care, protection, and supervision for 7 to 14 children, inclusive, including children under 10 years of age who reside at the home, as set forth in California Health and Safety Code Section 1597.465 and as defined in regulations.

"Small family daycare home" means a facility that provides care, protection, and supervision for 8 or fewer children, including children under 10 years of age who reside at the home, as set forth in California Health and Safety Code Section 1597.44 and as defined in regulations.

"Off-site hazardous waste facility" means any structures, other appurtenances, and improvements on the land, and all contiguous land serving more than one producer of hazardous waste and used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste including, but not limited to:

"Specified hazardous waste facility" means a specific off-site facility project proposal.

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

Large. A full-service fitness center, gymnasium, or health and athletic club which is over 2,500 square feet in size and may include any of the following: sauna, spa, or hot tub facilities; weight rooms; indoor tennis, handball, or racquetball courts; rock climbing wall, boxing ring, cheerleading, aerobic classes; and other indoor sports activities; and locker rooms and showers.

"Clinic/urgent care" means a facility other than a hospital providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis, including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes licensed facilities such as blood banks and plasma centers and emergency medical services offered exclusively on an outpatient basis such as urgent care centers. Typically operates beyond standard medical office hours and may provide emergency treatment. May include educational aspects such as medical instruction and/or training as well as house a lab, radiology, pharmacy, rehabilitation, and other similar services as accessory uses. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale; see "Office, medical and dental office."

"Hospital" means a facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.

"Bed and breakfast establishment" means a building or group of buildings providing 15 or fewer bedrooms or suites that are rented for overnight lodging, with a common eating area for guests. Does not include room rental, which is separately defined (see "Boarding house").

"Hotel and motel (without spa)" means an establishment with guest rooms or suites with a bathroom, with or without kitchen facilities, rented to the general public for overnight lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, personal services, retail services, or recreational facilities available to guests or to the general public. This use classification includes short-term residential rental, which is a dwelling unit that is shared, in whole or in part, for transient occupancy for periods of up to 30 consecutive days as a way of generating rental income. This use classification does not include boarding or rooming housings (see "Boarding houses") or bed and breakfasts (see "Bed and breakfast establishments").

"Spa resort" means a development providing visitor-oriented accommodations, including overnight lodging, restaurants, recreational and physical fitness amenities, spa facilities, and meeting facilities, which are designed to provide mainly for the needs of visitors.

"Mobile home" means a trailer, transportable in 1 or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over 8 feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach, or factory-built housing. A mobile home on a permanent foundation is included under the definition of "Single family dwelling."

"Mobile home parks" means a parcel of land under 1 or more ownerships that has been planned and improved for the placement of 2 or more mobile homes, as the term "mobile home" is defined in Civil Code Section 798.3 or successor provision of the State Mobile Home Residency Law, for non-transient use.

"Prefabricated home" or "modular home" means a part, or all of the house is built in a factory before being shipped to a site and set on a permanent foundation. Prefabricated is a general term used for a prefabricated building or building component that is manufactured in a factory prior to its final assembly at the construction site, whereas modular refers to something built or organized in self-contained units—like building blocks. These houses must meet all local building codes and regulations.

"Marijuana or cannabis cultivation" means a facility wherein marijuana is propagated, planted, grown, harvested, dried, cured, graded, labeled, tagged for tracking, or trimmed, or wherein all or any combination of those activities takes place.

"Marijuana or cannabis distribution" means any facility or location, the primary function of which is the procurement, sale, and/or transport of marijuana and/or marijuana products between entities operating in strict accordance with State law, as may be amended from time to time, and subject to the provisions of this chapter and this Code.

"Marijuana or cannabis lounge facility" means a commercial establishment or business that either sells, or otherwise permits marijuana for on-site consumption that possesses permit(s) issued pursuant to this Code.

"Marijuana or cannabis manufacturing" means a facility where the production of marijuana concentrate, and/or the preparation, propagation, or compounding of manufactured marijuana, either directly or indirectly or by extraction methods or independently by means of chemical synthesis, or the packaging or repackaging of marijuana or marijuana products, or the labeling or relabeling of its containers, occurs, provided the facility holds a valid marijuana manufacturing facility license, a marijuana Regulatory Permit, and a Conditional Use Permit all issued in accordance with this chapter and this Code, and provided that the facility will qualify for a valid State license when the State of California begins issuing State licenses to marijuana manufacturers.

"Marijuana or cannabis storefront retail" has the same meaning as in Business and Professions Code Section 26070(a)(1), as may be amended, and further defined by Sections 5400 to 5413 et seq., in the California Code of Regulations, as may be amended. This is a retail facility which sells and/or delivers marijuana or marijuana products to customers. A storefront retail facility shall have a licensed premises which is a physical location from which commercial cannabis activities are conducted.

"Marijuana or cannabis testing facilities" has the same definition as in the Business and Professions Code Section 26001, as may be amended, which currently means a laboratory, facility, or entity in the State that offers or performs tests of cannabis or cannabis products and that is both of the following: (1) accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State; and (2) licensed by the Bureau of Cannabis Control and regulated by Section 5700 et seq., as may be amended of Title 16 of the California Code of Regulations.

"Business and professional (non-medical and dental office)" means offices of firms or organizations providing professional, executive, management, or administrative services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, legal offices, and tax preparation offices, but excluding banks and savings and loan associations (see "Financial institutions and related services" and "Check cashing and/or payday loans").

"Medical and dental office" means office use providing consultation, diagnosis, therapeutic, preventive, or corrective treatment services by doctors, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, medical and dental laboratories within medical office buildings, but excluding clinics or independent research laboratory facilities and hospitals (see "Hospitals and clinics") and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Incidental medical and/or dental research within the office is considered part of the office use, where it supports the on-site patient services.

Barber shops, hair salon.

Cosmetology services.

Clothing rental shops.

Day spa without massage.

Dry-cleaning pick-up stores with limited on-site cleaning equipment.

Fortunetelling, palm reading, card reading, and psychic services.

Laundromats (self-service laundries).

Locksmiths.

Nail salon.

Shoe repair shops.

Tailors and seamstresses.

Tanning salons.

Tattoo and body piercing services.

Day spa with massage.

Massage establishments.

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

A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separately owned parcel, or area in compliance with Civil Code Section 1367.

Banquet rooms.

Civic and private auditoriums.

Community centers.

Conference/convention facilities.

Meeting halls for clubs and other membership organizations.

"Collection facility" means a facility available for the general public for the recycling of California Redemption Value (CRV) products such as glass, aluminum cans, and plastic beverage containers as defined by the State's Department of Resources Recycling and Recovery. Also includes reverse vending machines, where an automated mechanical device that accepts, sorts, and processes recyclable materials and issues a cash refund or a redeemable credit slip. Processing and sorting are not conducted on site.

"Large collection facility" means a facility that occupies an area of more than 500 square feet and/or includes permanent structures where the public may donate, redeem, or sell recyclable materials.

"Reverse vending machine(s)" means an automated mechanical device which accepts at least 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 of not less than the container's redemption value as determined by the State. A "reverse vending machine" may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all 3 container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

"Small collection facility" means a facility that occupies an area of 500 square feet or less where the public may donate, redeem, or sell recyclable materials and may include:

"Processing facility" means a facility used for the collection and processing of recyclable materials for shipment, or to an end user's specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing and shredding. Processing facilities include the following types, both of which are included under the definition of "Recycling facilities—Scrap and dismantling yards":

"Retail sales

Art gallery" means a retail use that includes sales and exhibition of artwork with small-scale production of artwork and instruction on site.

"Retail sales

Restricted" means the retail sale of firearm and ammunition stores, pawn shops, smoke shops, and business offering payment for valuable goods such as jewelry and gold (e.g., cash for gold facilities).

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

"Schools, K

12, private" means a private academic educational institution, including boarding schools; elementary, middle/junior, and high schools; military academies; and businesses providing instruction in arts and languages. This definition does not include "trade and vocational schools," "tutoring and education centers," or non-tuition part-time instruction at religious assembly facilities.

"Schools, private" means a private academic educational institution, including boarding schools; colleges and universities; elementary, middle/junior, and high schools; military academies; and businesses providing instruction in arts and languages. This definition does not include "trade and vocational schools," "tutoring and education centers," or non-tuition part-time instruction at religious assembly facilities.

"Storage

Accessory" means the indoor storage of materials accessory and incidental to the primary use is not considered a land use separate from the primary use.

"Storage

Outdoor" means the storage of various materials outside of a structure other than fencing, either as an accessory or primary use.

"Storage

Outdoor recreational vehicle storage" means the storage of operative or inoperative recreational vehicles. These uses include storage of towed recreational vehicles, impound yards, and storage lots for recreational vehicles, but do not include recreational vehicle dismantling.

"Storage

Personal" means a structure containing a separate storage space that is designed to be leased or rented individually. "Indoor storage" shall mean that access to all storage spaces shall be from common interior corridors, and the facility has only shared loading areas. This use does not include outdoor storage of any kind. Further, such storage does not involve any manufacturing, office or business services, or human habitation in any storage space or anywhere on site. Also known as mini-storage.

"Storage

Vehicles" means the storage of operative or inoperative vehicles. These uses include storage of towed vehicles, impound yards, and storage lots for buses and recreational vehicles, but do not include vehicle dismantling.

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

Supportive and/or transitional housing may be designed as a residential group living facility or as a regular residential use, provided the facility appears as and meets the design standards for residential structures in the zone in which it is located. Supportive and/or transitional housing may include facilities that provide both on-site and off-site services, and such use may or may not be licensed by the State. This classification includes group homes (small and large).

"Rehabilitation" means planning and administering educational, recreational, and social activities designed to help patients or individuals with disabilities regain physical or mental functioning or to adapt to their disabilities.

"Specialized sensory treatments" means diagnosing and treating speech, language, or hearing problems.

"Therapy" means administering medically prescribed physical therapy treatment for patients suffering from injuries or muscle, nerve, joint, and bone disease.

"Staffed" means utility facilities that include office and/or working space for employees, and/or that require employees to be located on site for general operation of the facility.

"Unstaffed" means utility facilities that do not include office and/or working space for employees, and where on-site staff are required intermittently only for maintenance and/or infrequent monitoring.

"Solar farm" means a large-scale utility with capabilities of generating and distributing solar energy to multiple points of connections and users.

"Wind machines and wind farms" means a large-scale utility with capabilities of generating and distributing wind energy to multiple points of connections and users.

"Service/fueling station" means an establishment engaged in the retail sale of vehicle fuels or the retail sale of these fuels in combination with activities, such as providing minor vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or ancillary retail and grocery sales. Does not include body and fender work or "heavy" repair of trucks or other motor vehicles (see "Vehicle service, major").

"Vehicle service, major" means major repair of automobiles, motorcycles, recreational vehicles, or trucks including light-duty trucks (i.e., gross vehicle weights of less than 10,000 pounds) and heavy-duty trucks (i.e., gross vehicle weights of more than 10,000 pounds). Examples of uses include full-service motor vehicle repair garages; body and fender shops; brake shops; machine shops, painting shops; towing services, and transmission shops. Does not include vehicle dismantling or salvage and tire retreading or recapping.

"Vehicle service, minor" means minor repair of automobiles, motorcycles, recreational vehicles, or light trucks, vans or similar size vehicles (i.e., vehicles that have gross vehicle weights less than 10,000 pounds) including installation of electronic equipment (e.g., alarms, audio equipment, etc.); servicing of cooling and air conditioning, electrical, fuel and exhaust systems; brake adjustments, relining and repairs; oil and air filter replacement; wheel alignment and balancing; tire sales, service, and installation shops; shock absorber replacement; chassis lubrication; smog checks; engine tune-ups; and installation of window film, and similar accessory equipment.

"Vehicle washing/detailing" means washing, waxing, detailing, or cleaning of automobiles or similar light vehicles, including self-serve washing facilities.

"Major facility" means a commercial wireless facility, either ground mounted or roof mounted, whether or not the facility employs stealth design or shielding. Exception: a roof-mounted facility that is screened on all 4 sides by a solid material that does not exceed the maximum height of the applicable zoning district shall be deemed a "minor facility."

"Minor facility" means a commercial wireless facility that is wall mounted, utility mounted, or roof mounted and the entire facility is either: (a) designed using a stealth approach to integrate the facility into the architectural design of the building on which it is located; (b) screened by solid material on 4 sides and does not exceed the maximum height of the applicable zoning district; or (c) co-located on an existing wireless communication facility tower.

"Satellite dish antenna" means a device incorporating a reflective surface that is solid, open mesh, or bar-configured and is in the shape of a shallow dish, cone, horn, or cornucopia, that is used to transmit and/or receive radio, microwave, or other electromagnetic waves between terrestrially and/or orbitally based use.