Desert Hot Springs City Zoning Code
CHAPTER 17
40 PROPERTY DEVELOPMENT STANDARDS
§ 17.40.010 Purpose.
These standards shall ensure that new or modified uses and development will produce an urban environment of stable, desirable character which is harmonious with the existing and future development, consistent with the General Plan.
(Prior code § 159.20.010)
§ 17.40.020 Applicability.
Any permit which authorized new construction or modifications to an existing structure in excess of 25% of the structure floor area shall be subject to the standards set forth in this chapter.
(Prior code § 159.20.020)
§ 17.40.030 General standards.
No permit shall be approved unless it conforms to all of the following standards set forth in this chapter:
Access | Additional height restrictions |
Antennae, vertical and satellite dish | Design considerations |
Dust and dirt | Environmental resources/constraints |
Exterior building walls | Fences, walls and hedges |
Fire protection | Fumes, vapor and gases |
Glare | Hazardous materials |
Height determination (buildings and structures) | Lighting |
Noise | Odor |
Projections into setbacks | Public street improvements |
Radioactivity | Refuse storage/disposal |
Screening | Signs, off-street parking, off-street loading and landscaping |
Solar energy | |
Toxic substances | Storage |
Vibration | Undergrounding utilities |
These standards apply to more than 1 land use district, and therefore are combined in this chapter. Also, these standards are to be considered in conjunction with those standards and design guidelines located in the specific land use district chapters.
(Prior code § 159.20.030)
§ 17.40.040 Access.
Every structure or use shall have frontage upon a public street or permanent means of access to a public street by way of a public or private easement, or recorded reciprocal access agreement.
(Prior code § 159.20.030(1))
§ 17.40.050 Additional structural setback restrictions.
Where the maximum permitted height of a new structure exceeds 35 feet, the following provisions shall apply:
A.
Enhanced buffering to surrounding properties and the appropriateness of understructure parking shall be evaluated.
B.
A visual analysis relating structure proportions, massing, height and setback shall be conducted to preserve and enhance the scenic viewshed.
C.
The need and appropriateness of the additional height shall be demonstrated.
D.
Compatibility and harmony with surrounding development, and land use designations shall be demonstrated.
E.
Above 35 feet, additional structural setbacks (step back) may be required.
(Prior code § 159.20.030(2))
§ 17.40.060 Antennae, vertical and satellite dish design standards.
All antennae, including portable units, but exempting residential satellite dish installations which are 10.5 feet or less in diameter, 12 feet or less in height, located in the rear yard, and are ground mounted; and, exempting residential single pole or tower roof or ground mounted television or amateur radio antennae, where the boom or any active element of the antenna array is 30 feet or less and the height does not exceed 75 feet, shall be installed in the following manner:
A.
The subject location shall conform to all standards of the land use district in which it is proposed.
B.
The antennae shall not be located in the following areas:
1.
Front setback;
2.
Street side setback;
3.
On any structure, unless architecturally screened and approved by the Planning Commission. The screening restriction on antennae may be modified by the Commission, if there is no alternative to maintain line of sight clearance for satellites or amateur radio antennas.
C.
The maximum overall height for a ground mounted antennae shall be 75 feet above grade.
D.
The operation of the antennae shall not cause interference with any electrical equipment in the surrounding neighborhoods (e.g., television, radio, telephone, computer, etc.), unless exempted by Federal regulation.
E.
The antennae shall be a single, non-glossy color (e.g., off-white crème, beige, grey).
F.
The antennae shall be sited to assure compatibility with surrounding development and not adversely impact the neighborhood.
G.
The installation and maintenance of television antennae shall be consistent with all other applicable provisions of the municipal code.
(Prior code § 159.20.030(3))
§ 17.40.070 Design considerations.
The following standards are in addition to the specific design guidelines contained in the individual land use districts:
A.
The proposed development shall be of a quality and character which is consistent with the community design goals and policies including but not limited to scale, height, bulk, materials, cohesiveness, colors, roof pitch, roof eaves and the preservation of privacy.
B.
The design shall improve community appearance by avoiding excessive variety and monotonous repetition.
C.
Proposed signage and landscaping shall be an integral architectural feature which does not overwhelm or dominate the structure of property.
D.
Lighting shall be stationary and deflected away from all adjacent properties and public streets and rights-of-way.
E.
Mechanical equipment, storage, trash areas, and utilities shall be architecturally screened from public view.
F.
With the intent of protecting sensitive land uses, the proposed design shall promote a harmonious and compatible transition in terms of scale and character between areas of different land uses.
G.
Parking walls and structures shall be architecturally compatible with the primary and surrounding structures.
H.
Nearly vertical roofs (A-frames) and piecemeal mansard roofs (used on a portion of the structure perimeter only) are prohibited. Mansard roofs, if utilized on commercial structures, shall wrap around the entire structure perimeter.
(Prior code § 159.20.030(4))
§ 17.40.080 Dust and dirt.
In addition to the provisions of the City Grading and PM10 Ordinances, all land use activities (e.g., construction, grading, and agriculture) shall be conducted so as not to create any measurable amount of dust or dirt emission beyond any boundary line of the parcel. To ensure a dust-free environment, appropriate grading procedures shall include, but are not limited to, the following:
A.
Schedule all grading activities to ensure that repeated grading will not be required, and that implementation of the desired land use (e.g., planting, paving or construction) will occur as soon as possible after grading.
B.
Disturb as little native vegetation as possible.
C.
Water graded areas as often as necessary to prevent blowing dust or dirt, hydro seeding with temporary irrigation, adding a dust palliative, and/or building wind fences.
D.
Revegetate graded areas as soon as possible.
E.
Construct appropriate walls or fences to contain the dust and dirt within the parcel subject to the approval of the City Engineer.
(Prior code § 159.20.030(5))
§ 17.40.090 Environmental resources/constraints.
All development proposals shall be evaluated in compliance with the California Environmental Quality Act (CEQA) and all General Plan environmental policies including, but not limited to biological resource management; rare, threatened and/or endangered species; air quality; mineral resources, archaeological resources; high wind areas; and geologic hazards. Development within 50 feet of an active or potentially active fault shall be prohibited. Development within these areas shall be subject to the submittal of appropriate report(s) prepared by qualified professionals which address the impacts of the proposed project; the identification of mitigation measures necessary to eliminate the significant adverse impacts; and, the provision of a program for monitoring, evaluating the effectiveness of, and insuring the adequacy of the specified mitigation measures.
(Prior code § 159.20.030(6))
§ 17.40.100 Exterior building/structure walls.
The following standards shall apply to all exterior building/structure wall construction:
A.
Since walls will always be a main architectural and visual feature in any major development, restraint must be exercised in the number of permissible finish materials. The harmony of materials and particularly color treatment is essential to achieve unity in the project.
B.
The following designs are deemed unacceptable in any development and therefore shall be prohibited:
1.
Nonanodized and unpainted aluminum finished window frames.
2.
Metal grills and façades. However, grills and façades of unique design and in keeping with the general decor of the development and neighborhood may be permitted subject to prior approval by the Director.
3.
Aluminum or other metal panels are not permitted on the street elevation; unless it can be demonstrated that they are consistent with a structure’s overall design character, and do not adversely effect the pedestrian environment.
(Prior code § 159.20.030(7))
§ 17.40.110 Fences, walls and hedges.
The following standards shall apply to the installation of all fences, walls and hedges:
A.
Height and Type Limits.
1.
Perimeter fences, walls, and hedges located on property lines shall conform to the limitations outlined in Table 17.40.01.
2.
Required perimeter fences and walls shall be constructed at the top of slope, adjacent property lines.
3.
The following fence materials are permitted in any location on the lot:
a.
Solid masonry fencing (i.e., block rock, brick with and without stucco covering), provided the color of the masonry or stucco matches or compliments the adjacent walls or structures.
b.
Solid vinyl fencing.
c.
Corrugated metal fencing.
d.
Wrought iron fencing.
e.
Precision concrete block wall, to match or compliment existing structures on the lot.
f.
Post and wire (not to exceed 48 inches) or split rail (not to exceed 6 feet fencing, may be used along the perimeter of vacant property.
4.
Other fence or wall materials may be approved by the Planning Commission through the design review process. The Planning Commission shall approve or deny the application.
5.
Nonconforming Fences. Any fence which does not meet the standards of this section but which was legally established prior to the adoption of these standards may be maintained, provided such a fence which is destroyed or damaged to the extent of more than 25 percent of its replacement (i.e., side, rear, front) shall not be repaired, rebuilt, or reconstructed except in conformance with these standards.
6.
Measurement of Fence Height. Fence heights shall be measured from finish grade at the base of the fence to the highest point of the fence on the interior or exterior side, whichever is higher.
7.
Prohibited Materials. Chain link material is prohibited for perimeter fencing. Exposed wood, unless specially approved by the Planning Commission, is prohibited for perimeter walls.
TABLE 17.40.01 FENCES, WALLS, AND HEDGES HEIGHT AND TYPE LIMITS | ||
|---|---|---|
Districts | Max. Permitted Height* | Comments |
Residential | ||
Front/street-facing yard setback | 4 feet | Hedges and plants shall be no higher than 4 feet for the first 10 feet of yard |
Rear or side yard area | 6 feet | |
Commercial, Industrial | ||
Front/street facing yard setback | 4 feet | Solid structures or plants |
6 feet | Open work structures or plants | |
Abutting residential district | 8 feet | Solid, decorative masonry wall |
Rear or side yard area | 6 feet | Commercial |
Outdoor storage areas visible from public right-of-way (located behind required setbacks) | 8 feet | Commercial or Industrial |
All districts traffic safety site area | 30 inches | |
Vacant lots | 48 inches | Post and wire split rail |
6 feet | Chain-link as permitted in this section. Must be set back 5 feet from street side property line | |
* | The limitations shall not apply in the following instances: |
—Where a greater height is required by any other provision of the municipal code, State, or Federal requirements; or | |
—Where a greater height or type of fence, wall or hedge is required by a condition of approval. | |
—Refer to Section 17.40.100(E) regarding residential fencing and wall standards. | |
** | Solid structures to include: decorative masonry wall constructed of slumpstone, split faced or other similar materials as approved by the Planning Director. |
B.
Traffic Safety Site Area. On a corner lot, no fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over 30 inches in height above the nearest street curb elevation shall be erected, placed, planted, or allowed to grow within a Traffic Safety Sight Area. The foregoing provision shall not apply to public utility poles; trees trimmed (to the trunk) to a line at least 6 feet above the level of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave at all seasons a clear and unobstructed cross view; supporting members of appurtenances to permanent structures existing on the date this Zoning Ordinance becomes effective; and official warning signs or signals.
C.
Prohibited Fence Materials/Chain Link Fencing.
1.
The use of barbed wire, electrified fence or razor wire fence in conjunction with any fence, wall, roof, hedge, or by itself within any land use district, is prohibited unless required by any law or regulation of the City, the State of California, Federal Government, or agency thereof. Agricultural uses may use electrical fences if approved by the Director.
2.
Chain link fencing shall be permitted only as follows:
a.
In Residential Districts, but only as follows:
i.
Where the lot is 1 acre or greater, and when the fencing is located only on the side and/or rear property lines and must not be visible from public right-of-way; or
ii.
Where the lot is 10,000 square feet or greater, and the chain link fencing is only along the rear property line and which is not adjacent to public right-of-way, which chain link fencing must be screened with adequate landscaping.
iii.
Vacant property 5 acres or greater in size, as needed to security the property from any nuisance, including vandalism or trespass, as determined by the Compliance Manager, or his or her designee. However, chain link shall not be along the frontage of the property. Split rail or post and wire fencing may be used along the frontage of the property.
b.
In Industrial (I-L, I-M, I-E) districts, but only when the fencing is located only on the side and/or rear property lines and is not visible from public right-of-way. The exception to the chain link fence requirements in the industrial districts is:
i.
Vacant property 5 acres or greater in size, as needed to security the property from any nuisance, including vandalism or trespass, as determined by the Compliance Manager, or his/her designee. However, chain link shall not be along the frontage of the property. Split rail or post and wire fencing may be used along the frontage of the property.
c.
All chain link fencing must have top rail, bottom wire and caps on the poles.
d.
All chain link fencing must be properly maintained at all times, including being free from holes, tears, or bent or otherwise disfigured.
D.
Wall Design Standards. Perimeter walls may be required to have articulated planes by providing at a minimum for every 100 feet of continuous wall an 18-inch deep by 8-foot long landscaped recession. Walls shall be constructed with pilasters provided at every change in direction, every 5 feet difference in elevation and at a minimum of every 25 feet of continuous wall.
E.
Residential Fencing/Wall Requirement. Fencing or walls are required between individual residential units, and residential developments if adjacent to parks, open spaces, and/or major rights-of-way. All fencing and walls are to be provided by each developer at the time of construction.
(Prior code § 159.20.030(8); Ord. 605 3-21-17; Ord. 622 7-18-17; Ord. 707 5-19-20)
§ 17.40.120 Fire protection.
All structures shall meet the requirements of the City Fire Marshal.
(Prior code § 159.20.030(9))
§ 17.40.130 Fumes, vapor, gases, and other forms of air pollution.
No emission which can cause damage to human health, animals, vegetation or other forms of property shall be discharged into the atmosphere. No other forms of emission shall be measurable at any point beyond the boundary line of the parcel. Emissions shall be in compliance with Air Quality Management District and Regional Water Quality Control Board permits.
(Prior code § 159.20.030(10))
§ 17.40.140 Glare.
No glare incidental to any use shall be visible beyond any boundary line of the parcel.
(Prior code § 159.20.030(11))
§ 17.40.150 Hazardous materials.
The following standards are intended to ensure that the use, handling, storage and transportation of hazardous materials comply with all applicable requirements of Government Code Section 65850.2 and Health and Safety Code Section 25505, Article 80 Uniform Fire Code, et seq. It is not the intent of these regulations to impose additional restrictions on the management of hazardous wastes, which would be contrary to State law, but only to require reporting of information to the City that must be provided to other public agencies.
For the purposes of this section, “hazardous materials” shall include all substances on the comprehensive master list of hazardous materials compiled and maintained by the California Department of Health Services.
A.
A Conditional Use Permit shall be required for any new commercial, industrial, or institutional or accessory use, or major addition to an existing use, that involves the manufacture, storage, handling, or processing of hazardous materials in sufficient quantities that would require permits as hazardous chemicals under the Uniform Fire Code, with the following exceptions:
B.
All businesses required by Chapter 6.95 of the California Health and Safety Code to prepare hazardous materials release response plans shall submit copies of these plans, including revisions to the Director at the same time these plans are submitted to the administrating agency which is responsible for administering these provisions.
C.
Underground storage of hazardous materials shall comply with all applicable requirements of Chapter 6.7 of the California Health and Safety Code, and Article 79 of the Uniform Fire Code. Any business that uses underground storage tanks shall comply with the following:
1.
Notify the City Fire Marshal of any unauthorized release of hazardous materials immediately, after the release has been detected and the steps taken to control the release; and
2.
Notify the City Fire Marshal and the Director of any proposed abandoning, closing or ceasing operation of an underground storage tank and the actions to be taken to dispose of any hazardous substances.
D.
Above-ground storage tanks for any flammable liquids shall meet all standards of the City Fire Marshal.
E.
1.
All structures subject to the provisions of this Zoning Ordinance and all newly created lots shall be designed to accommodate a setback of at least 100 feet from a pipeline conveying flammable materials. This setback may be reduced, where the Director finds that:
a.
The structure would be protected from the radiant heat of an explosion by berming or other physical barriers;
b.
A 100-foot setback would be impractical or unnecessary because of existing topography, streets, lot lines, or easements; and
c.
There shall be construction of hazardous liquid containment system or other mitigating facility where the City Engineer finds that a leak would accumulate within the reduced setback area. The design shall be approved by the City Engineer and a surety instrument shall be approved by the City Attorney to ensure the construction of the system.
2.
A proposed structure (including a residence) on an undeveloped existing lot of record that cannot be constructed only because of this restriction, shall be allowed to be constructed if the structure is located so as to comply with the setback regulation as closely as possible. The Director may require a hazardous liquid containment system, to be approved by the City Engineer.
3.
A pipeline is defined as follows:
a.
A pipe with a nominal diameter of 6 inches or more, that is used to transport hazardous liquids, but does not include a pipe used to transport a hazardous liquid by gravity and a pipe used to transport or store a hazardous liquid within a refinery, storage, or manufacturing facility; or
b.
A pipe with a nominal diameter of 6 inches or more operated at a pressure of more than 275 pounds per square inch that carries gas.
4.
A subdivider of a development within 500 feet of a pipeline shall notify a new owner at the time of purchase agreement and at the close of escrow of the location, size, and type of pipeline.
(Prior code § 159.20.030(12))
§ 17.40.160 Height determination (structures).
All structures shall meet the following standards relating to height:
A.
The structure’s height shall not exceed the standard for the land use district in which it is located. The structure height shall be determined from the finished grade to the highest point of the structure, excluding chimneys and vents.
B.
Pad elevations shall be determined by the Director and the City Engineer based on the following criteria:
1.
Flood control;
2.
Site drainage;
3.
Viewshed protection from both public and private property;
4.
Protection of privacy of surrounding properties including consideration of the location of windows, doors, balconies, and decks;
5.
Structure setback in relationship to structure height and property lines;
6.
Sightline and structure envelope analysis;
7.
Sewer line grade and location; and
8.
Necessary slopes and retaining walls.
C.
Perimeter fences, or walls, shall not exceed 6 feet in height, unless as otherwise provided in this Zoning Ordinance. The height shall be measured from the finished grade of the property.
D.
Architectural walls integral to the structure design, attached to the structure may exceed 6 feet in height, subject to review by the Director.
E.
To assure safe sight distance for vehicular movement, sight-obscuring fences, or walls, or other obstruction shall not exceed 30 inches in height when located in a front setback.
F.
Freestanding flagpoles and radio and television antennas may not exceed the structure height restrictions of the land use district in which they are located, except as otherwise provided in this Zoning Ordinance.
(Prior code § 159.20.030(13))
§ 17.40.170 Outdoor lighting standards.
A.
Intent and Purpose. This section is intended to provide standards for outdoor lighting so as to maintain ambient lighting levels as low as possible in order to enhance the City’s community character and charm and maintain dark skies; provide for good visibility while maintaining minimum glare and spillage onto other properties or into the sky; and maintain safety, utility, security and productivity while enhancing nighttime enjoyment of property and the night skies.
B.
Applicability. All outdoor artificial lighting devices shall be installed and operated in accordance with the provisions of this section, plus any Uniform Building or Uniform Electrical Codes, NEC codes, NFPA codes or any other code presently or subsequently administered or adopted by the City. Any language contained therein which may conflict with this section shall be construed in a manner that is consistent with this section.
C.
Alternative Materials and Methods of Installation. The provisions of this section are not intended to prevent the use of any material or method of installation not specifically prescribed by this section provided any such alternative has been approved by the Building Official. Any alternative method must meet the following:
D. "Display lighting" "Individual" "Installed" "Outdoor lighting ware"
Definitions. For the purposes of this section, certain terms are defined as follows:
means a beam of light projected into the sky.
means any private individual, tenant, lessee, owner, or any commercial entity including, but not limited to, companies, partnerships, joint ventures or corporations.
means the initial installation of outdoor light fixtures defined in this section following the effective date of the ordinance codified in this section.
means outdoor artificial illuminating devices, outdoor fixtures, lamps and other devices, permanent or portable, used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot and flood lights for:
E.
General Requirements.
1.
Shielding. All exterior illuminating devices, except those exempt from this section and those regulated by subsection F of this section shall be fully or partially shielded as required in Table 17.40.170 of this section.
a.
“Fully shielded” means the fixture shall be shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted, thus preventing the emission of light above the horizontal.
b.
“Partially shielded” means the fixture shall be shielded in such a manner that the bottom edge of the shield is below the plane centerline of the light source (lamp), minimizing the emission of light rays above the horizontal.
2.
Filtration. Those outdoor light fixtures requiring a filter per Table 17.40.170, shall be equipped with a filter consisting of a glass, acrylic or translucent enclosure. Quartz glass does not meet this requirement.
3.
Requirements for Shielding and Filtering. The requirements for shielding and filtering light emission from outdoor light fixtures shall be as set forth in Table 17.40.170.
TABLE 17.40.170 REQUIREMENTS FOR SHIELDING AND FILTERING OF OUTDOOR LIGHTING (see also footnotes following table) | ||
|---|---|---|
Fixture Lamp Type | Shielding Requirement | Filtering Requirement |
Low pressure sodium(1) | Partially | None |
High pressure sodium | Fully | None |
Metal halide(2) | Fully | Yes |
Fluorescent | Fully(3) | Yes(4) |
Quartz(5) | Fully | None |
Incandescent, greater than 160 watts | Fully | None |
Incandescent, 160 watts or less | None | None |
Mercury vapor | Fully(6) | Yes |
Fossil fuel | None | None |
Glass tubes filled with neon, argon or krypton | None | None |
Other sources | As required by the Building Official | As required by the Building Official |
(1) | This is the preferred light source to minimize undesirable light into the night sky affecting astronomical observations. |
(2) | Metal halide display lighting shall not be used for security lighting after 11:00 p.m. (or after closing hours if before 11:00 p.m.) unless fully shielded. Metal halide lamps shall be in enclosed luminaries. |
(3) | Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding. |
(4) | Warm white and natural lamps are preferred to minimize detrimental effects. |
(5) | For the purposes of this section, quartz lamps shall not be considered an incandescent light source. |
(6) | Recommended for existing mercury vapor fixtures. The installation of new mercury fixtures is prohibited. |
F.
Prohibited Lighting.
1.
Outdoor Building/Landscaping Illumination. The unshielded outdoor illumination of any building, landscaping, signing, or other purpose is prohibited except with incandescent fixtures less than 160 watts, fossil fuels, and/or glass tubes (see Table 17.40.170 in this section).
2.
New Mercury Vapor Installations. The installation of mercury vapor fixtures is prohibited. All existing mercury vapor lights installed shall be fully shielded.
3.
Illuminated Awnings. The use of lighting inside a transparent or translucent ground or wall mounted awning is prohibited.
G.
Procedures for Compliance.
1.
Applications.
a.
Any individual intending to install outdoor lighting fixtures (other than incandescent lights of 160 watts or less) shall submit an application to the Building Department providing evidence that the proposed work will comply with this section.
b.
Any individual applying for a building permit and intending to install outdoor lighting fixtures (other than incandescent lights of 160 watts or less) shall, as a part of the application, submit such evidence as may be requested to assure that the proposed work complies with this section.
c.
Utility companies, lighting or improvement districts entering into a duly approved contract with the City in which they agree to comply with the provisions of this section shall be exempt from applying for and obtaining a permit for the installation of outdoor light fixtures, including residential security lighting.
2.
Contents of Application. The application shall contain, but shall not necessarily be limited to, the following:
a.
Plans indicating the location on the premises, the height of the supports and fixtures, and the type of illuminating devices, fixtures, lamps, supports and other devices.
b.
Description of the illuminating devices, fixtures, lamps, supports, shielding, filtering and other devices. This description may include, but is not limited to, wattage, lighting output, manufacturer’s catalog cuts, and drawings (including sections where required).
c.
The above required plans and descriptions shall be sufficiently complete to enable the Building Official to readily determine whether compliance with the requirements of this section will be secured. If such plans and descriptions cannot enable this ready determination, by reason of the nature or configuration of the devices, fixtures or lamps proposed, the applicant shall submit evidence of compliance by certified test reports as performed by a recognized testing lab.
3.
Issuance of a Permit. Upon the determination that the installation will be in compliance with the requirements of this section, the Building Official shall issue a permit for installation of the outdoor lighting fixtures, to be installed per the approved application.
4.
Appeals. Any decisions of the Building Official may be appealed within 15 days of the decision. Selection of a Hearing Officer and the conduct of the hearing shall be pursuant to applicable sections of Chapter 4.36 of the Desert Hot Springs Municipal Code, as may be amended. The decision of the Hearing Officer shall be final.
5.
Amendment to Permit. Should the applicant desire to substitute outdoor light fixtures or lamps after a permit has been issued, the applicant must submit all changes to the Building Official for approval. Such application for amendment shall contain adequate information to assure compliance with this section.
H.
Exemptions.
1.
Nonconforming Fixtures. All outdoor light fixtures existing and fully and legally installed, prior to September 1, 2002, may indefinitely remain in use as nonconforming structures provided that no change in use, replacement, structural alteration, or restoration of outdoor light fixtures, other than bulb replacement, is made unless such change conforms to the regulations of this section.
2.
Fossil Fuel Light. Light fixtures using fossil fuel (i.e., light produced directly or indirectly from the combustion of natural gas or other utility type fossil fuel) are exempt from the requirements of this section.
3.
Government Facilities. Those facilities and lands owned and operated or protected by the Federal government, the State of California, the County of Riverside, the Palm Springs Unified School District or the City of Desert Hot Springs are exempted by law from all requirements of this section. Voluntary compliance with the intent of this section at those facilities is encouraged.
4.
Recreational Facilities. The illumination of outdoor recreational facilities, public and private, is exempt from the requirements of this section with the following limitations:
a.
The light fixtures for outdoor recreational facilities shall meet the shielding requirements in Table 17.40.170 of this section.
b.
No such outdoor recreational facility shall be illuminated by nonconforming means after 10:00 p.m. except to conclude a specific recreation or sporting event or any other activity conducted at a ballpark, outdoor amphitheater, arena, or similar facility in progress prior to 10:00 p.m.
I.
Temporary and Special Exemptions.
1.
Request for Temporary Exemptions. Any individual may submit application for a minor use permit, on a form prepared by the Community Development Department, to the Building Official for a temporary exemption to the requirements of this section. Such exemptions shall be valid for 30 days. The request for temporary exemption shall contain, at a minimum, the following information:
a.
Specific exemptions and justification for the exemptions requested;
b.
Type, use and hours of operation of the exterior light involved;
c.
Duration of time for the requested exemption;
d.
Type of lamp and calculated lumens;
e.
Total wattage of the lamp or lamps;
f.
Proposed location and height of exterior lights;
g.
Physical size of the exterior lights and the type of shielding and/or filtering provided;
h.
Previous temporary exemptions, if any.
2.
Special Exemption. The Community Development Director may grant a special exemption to the requirements of Table 17.40.170 in this section only by approval of a minor exception permit which includes, in addition to the findings required in Section 17.116.040 of the Zoning Ordinance, a written finding that there are extreme geographic or geometric conditions warranting the exemption and that there are no conforming fixtures that will otherwise suffice. The request for a special exemption shall contain, at a minimum, the information specified in subsections (I)(1)(a) through (g) of this section.
3.
Additional Information. In addition to the information required in subsection (I)(1) of this section, the Building Official or Community Development Director may request any additional information which would enable the Building Official or Community Development Director to make a reasonable evaluation of the request for temporary exemption or special exemption.
4.
Appeal of a Temporary Exemption or Special Exemption. The Building Official or Community Development Director, within 5 days from the date of the properly completed request for an exemption, shall approve or reject in writing the request. If rejected, the individual making the request shall have the right to appeal for review pursuant to the applicable sections of Chapter 4.36 of the Desert Hot Springs Municipal Code, as may be amended. The decision of the Hearing Officer shall be final.
5.
Extension of Time for a Temporary Exemption. Any individual requesting a temporary exemption for a period greater than 30 days, or an extension beyond the original 30-day period for a temporary exemption, shall apply to the Planning Commission for an extension. The extension request shall contain (in addition to other permit requirements) the information specified in subsection G of this section.
J.
Display Lighting Use. With the approval of the City Council, searchlights and laser lights may be used. This type of lighting shall comply with the following requirements:
1.
Permits shall be issued for grand openings only or in conjunction with an entertainment event or similar activity. A grand opening shall commemorate an initial building or project opening, a change in ownership of an existing business, or remodel/enlargement of over 50% of the floor area or a new business in an existing building.
2.
The only uses allowed to apply for this permit are: shopping centers with not less than 50,000 square feet of leased area, hotel with 50 rooms or more or automobile dealerships that sell new cars.
3.
The application for a permit must be received 30 days prior to the event commencing.
4.
Hours of operation shall be limited from dusk to 10:00 p.m.
5.
Use of the display light(s) is limited to a maximum period of 10 days per calendar year.
6.
Approval of the Federal Aviation Agency, if required, shall be obtained prior to each event.
K.
Public Nuisance. Any light fixture installed after December 1, 2002 which violates the provisions of this section constitutes an infraction and a public nuisance and shall be abated.
(Prior code § 159.20.030(14); Ord. 695 10-15-19)
§ 17.40.180 Noise.
No loudspeaker, bells, gongs, buzzers, mechanical equipment or other sounds, attention attracting, or communication device associated with any use shall be discernible beyond any boundary line of the parcel, except fire protection devices, burglar alarms and church bells. The following provisions shall apply:
A.
In residential areas, no exterior noise level shall exceed 65dBA and no interior noise level shall exceed 45dBA.
B.
All residential developments shall incorporate the following standards to mitigate noise levels:
1.
Increase the distance between the noise source and receiver.
2.
Locate land uses not sensitive to noise (i.e., parking lots, garages, maintenance facilities, utility areas, etc.) between the noise source and the receiver.
3.
Bedrooms should be located on the side of the structure away from major rights-of-way.
4.
Quiet outdoor spaces may be provided next to a noisy right-of-way by creating a U-shaped development which faces away from the right-of-way.
C.
The minimum acceptable surface weight for a noise barrier is 4 pounds per square foot (equivalent to 3/4-inch plywood). The barrier shall be of a continuous material which is resistant to sound including: (1) masonry block; (2) precast concrete; or (3) earth berm or a combination of earth berm with block concrete.
D.
Noise barriers shall interrupt the line of sight between noise source and receiver.
(Prior code § 159.20.030(15))
§ 17.40.190 Odor.
No use shall emit any obnoxious odor or fumes.
(Prior code § 159.20.030(16))
§ 17.40.200 Projections/construction and equipment permitted into setbacks.
A.
The following list represents the only projections, construction, or equipment that shall be permitted within the required setbacks:
1.
Front Setback. Roof overhangs, fireplace chimney, and awnings may project up to 3 feet into the required setback.
2.
Rear Setback. Roof overhangs, patio covers, tennis courts, gazebos, awnings and canopies, and other structures that are not enclosed, provided there is no projection within 10 feet of the property line. Pools and equipment shall be no closer than 5 feet from the property line.
3.
Side Setback. Roof overhangs, fireplace chimney, awnings, and air conditioning or pool equipment, may project up to 3 feet into the required setback, provided that such structures are not closer than 3 feet to the property line.
B.
Building code requirements may further restrict the distance required to be maintained from the property lines and other structures.
(Prior code § 159.20.030(17); Ord. 717 9-1-20)
§ 17.40.210 Public street improvements.
A.
Any new construction or remodel construction valued at 25% or more of the assessed valuation of the primary structure shall require the dedication and improvement of public right-of-way for public street purposes. In addition, the property owner shall be required to irrevocably agree to participate in any future assessment district that may be formed to construct public street improvements in accordance with the policies, procedures and standards of the Director of Public Works and City Engineer.
B.
Whenever street improvements are required along a parcel as a condition of approval, and the off-site drainage pattern requires it, the entire street section shall be improved in accordance with the policies, procedures and standards of the Director of Public Works and City Engineer.
(Prior code § 159.20.030(18))
§ 17.40.220 Radioactivity or electric disturbance.
No activity shall be permitted which emits radioactivity or electrical disturbance.
(Prior code § 159.20.030(19))
§ 17.40.230 Refuse storage/disposal.
Every parcel with a multifamily, commercial or industrial structure shall have a trash receptacle on the premises. The trash receptacle shall be of sufficient size to accommodate the trash generated. The receptacle 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, in compliance with adopted Public Works Department Standards. The gate shall be maintained in good working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures. Trash receptacles for single-family homes should be stored within the enclosed garage or behind a fence.
(Prior code § 159.20.030(20))
§ 17.40.240 Screening.
Any equipment, whether on the roof, side of structure, or ground, shall be screened. The method of screening shall be architecturally compatible in terms of materials, color, shape, and size. The screening design shall blend with the building design and include landscaping when on the ground.
(Prior code § 159.20.030(21))
§ 17.40.250 Signs, off-street parking, off-street loading and landscaping.
§ 17.40.260 Solar energy design standards.
Passive heating and cooling opportunities should be incorporated in all developments in the following manner:
A.
Future structures should be oriented to maximize solar access opportunities.
B.
Streets, lot sizes, and lot configurations should be designed to maximize the number of structures oriented so that the south wall and roof area face within 45 degrees of due south.
C.
The proposed lot size and configuration should permit structures to receive cooling benefits from both prevailing breezes and existing and proposed shading.
D.
Any pool or spa facilities owned and maintained by a homeowners association should be equipped with a solar cover and solar water heating system.
E.
No structure (building, wall or fence) shall be constructed or vegetation placed so as to obstruct solar access on an adjoining parcel.
F.
Roof-mounted solar collectors shall be placed in the most obscure location without reducing the operating efficiency of the collectors. Wall-mounted and ground-mounted collectors shall be screened from public view.
G.
Roof-mounted collectors shall be installed at the same angle or as close as possible to the pitch of the roof.
H.
Appurtenant equipment, particularly plumbing and related fixtures, shall be installed in the attic.
I.
Exterior surfaces of the collectors and related equipment shall have a matte finish and shall be color coordinated to harmonize with roof materials or other dominated colors of the structure.
(Prior code § 159.20.030(23))
§ 17.40.270 Storage.
A.
There shall be no visible storage of motor vehicles, trailers, airplanes, boats, or their composite parts; loose rubbish, garbage, junk, or their receptacles; tents; or building or manufacturing materials in any portion of a lot, except as allowed under the provisions of this Zoning Ordinance. No storage shall occur on any vacant parcel.
B.
No vehicles may be stored or displayed for sale on any vacant lot or at any vacant business location.
C.
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.
(Prior code § 159.20.030(24))
§ 17.40.280 Toxic substances and wastes.
No use may operate that utilized toxic substances or produces toxic waste without the approval of a Conditional Use Permit pursuant to the provisions of Chapter 17.76 (Conditional Use Permits). Prior to consideration of a Conditional Use Permit, the operator must prepare a toxic substance and waste management plan which will provide for the safe use and disposal of these substances.
(Prior code § 159.20.030(25))
§ 17.40.290 Undergrounding of utilities.
Utilities shall be placed underground pursuant to Section 16.04.110. In the event an above-ground electrical transformer is located outdoors on any site, it shall be screened from view with a solid wall and landscaping and not located in any setback area. If it cannot be screened, it shall be located in an underground vault. Exceptions to the undergrounding of utilities requirements are as follows:
A.
Transformers, pedestal-mounted terminal boxes, meter cabinets and concealed ducts may be placed above ground, if they are used solely in connection with the underground transmission or distribution lines.
B.
Poles supporting street lights, and the electrical lines within the poles, may be situated above the surface of the ground.
C.
The City Council may waive any requirement of this section if topographical, soil or similar physical conditions make such underground installation unreasonable or impractical.
D.
Any parcel map with a maximum of 4 residential parcels, no parcel of which has previously been exempted from this section; and where at least 50% of the surrounding area within a radius of 500 feet has been previously developed without undergrounding utilities.
E.
That portion of a previously developed nonresidential parcel map.
F.
The requirement to underground shall apply to all utility lines traversing a subdivision, or installed along either side of the streets and alleys adjoining the subdivision, except for electrical lines of 33 kVA or more. Where 1 line is exempt, all parcel lines on that same pole shall be exempt.
G.
Any single lot development on an R-E, R-L-1 and R-L-2 designated parcel; or any single lot development of 1 net acre or less in any land use district, may be exempted from this requirement. This exemption shall not apply where the requirement to underground utilities is imposed as a condition of approval of a subdivision map.
H.
The remodeling of existing structures where the cost of remodeling is less than 50% of the replacement cost of the existing structure as determined for building permit fees shall be exempt.
(Prior code § 159.20.030(26))
§ 17.40.300 Vibration.
No vibration associated with any use shall be permitted which is discernible beyond the boundary line of the property.
(Prior code § 159.20.030(27))