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Desert Hot Springs City Zoning Code

CHAPTER 17

14 MIXED-USE DISTRICTS

§ 17.14.010 Purpose.

A. 
The purpose of this chapter is to establish use regulations, development standards, and guidelines for mixed-use districts. Mixed-use districts are intended to provide suitable locations for a wide variety of interrelated and compatible commercial, office, residential, civic, and entertainment uses, often in a pedestrian-oriented environment. Uses will vary in composition and intensity based on location, accessibility, and surrounding development context. In addition, it is the intent of this chapter to establish use regulations and development standards and guidelines for the provision of adequate sites to enable development of new and emerging housing types in compliance with the City's adopted Housing Element Goals and Policies.
B. 
For purposes of this chapter, the word "should" means highly encouraged.
C. 
For purposes of this chapter, the word "shall" means that the act is mandatory.
D. 
The specific purpose of each individual mixed-use district is as follows:
1. 
MU-N (Mixed-Use Neighborhood). The district is intended to provide local- and neighborhood-supporting 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, freestanding use. Easy walkable access from residential neighborhoods and pedestrian orientation are key considerations in the location and site design of mixed-use developments in this zone.
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 is encouraged to be developed at the highest allowable density. Convenient public transportation access, innovative housing options, and pedestrian-oriented design are key considerations in the location and site design of mixed-use developments in this zone.
(Ord. 712 6-2-20; Ord. 799, 4/16/2024)

§ 17.14.020 Permitted uses.

A. 
Table 17.14.01 lists the uses permitted in each of the mixed-use districts utilizing the following key:
"P" Use is permitted by right. (A Development Permit may be required for a new use or structure or expansion of an existing use.)
"A" Use is accessory to an established primary use.
"AUP" Use requires an Administrative Use Permit.
"CUP" Use requires a Conditional Use Permit.
"T" Use requires a Temporary Use Permit.
"—" Use is prohibited.
B. 
Land uses listed in Table 17.14.01 use definitions from the North American Industry Classification System (NAICS) unless otherwise defined specifically by this title. The individual land uses permitted in each of the mixed-use districts are grouped in Table 17.14.01 using broad land use categories.
TABLE 17.14.01
PERMITTED USES - MIXED-USE DISTRICTS
Use
Mixed Use Districts
Code Section
MU-N
MU-C
BUSINESS, FINANCIAL, AND PROFESSIONAL OFFICE
Automated Teller Machines (ATMs) - Drive-Up
A
A
Business Support Services
P
P
Check Cashing and/or Payday Loans
CUP
Financial Institutions and Related Services (without drive-through facilities)
P
P
Financial Institutions and Related Services (with drive-through facilities)
P
Office, Business and Professional (excluding Medical and Dental Office)
P
P
EATING AND DRINKING ESTABLISHMENTS
MU-N
MU-C
Bars, Lounges, Nightclubs, and Tasting Rooms*
CUP
17.12.190
Food Preparation/Catering (no on-site sales or service)
AUP
P
Food Preparation/Catering (with on-site sales or service)
AUP
P
Restaurant - Full or Limited Service, Serving Alcohol*
AUP
AUP
17.12.190
Restaurant - Full or Limited Service, No Alcohol Sales
P
P
Restaurant with Drive-Through Facilities*
CUP
CUP
17.12.230
Snack Bar
A
A
Mobile Food Vending Vehicle Parks*
AUP
17.12.360
Mobile Food Vending Vehicle Parks - Ancillary*
AUP
17.12.360
INDUSTRY, MANUFACTURING AND PROCESSING, AND WAREHOUSING
Brewery, Winery, or Distillery
CUP
Data Centers
Hazardous Waste Facilities
Food Processing
Furniture and Fixtures Manufacturing, Cabinet Shops, and Woodworking Shops (wholesale sales only)
Laboratory — Medical, Analytical, Research, Testing
Laundries and Dry-Cleaning Plants
Manufacturing — Heavy
Manufacturing — Light
Recycling
Small Collection Facility*
AUP
17.12.290
Large Collection Facility*
17.12.290
Light Processing*
17.12.290
Heavy Processing*
17.12.290
Reverse Vending Machine
A
A
Research and Development
Storage - Outdoor
Warehouse, Wholesaling and Distribution
LODGING
Hotel or Motel (without spa)
CUP
Spa Resort
CUP
Emergency Shelter/Low Barrier Navigation Center
P
P
Camping/Glamping
MARIJUANA USES
Marijuana/Cannabis Non-Storefront Retail*
17.180.045
Marijuana/Cannabis Distribution*
17.180.080
Marijuana/Cannabis Cultivation*
17.180.050
Marijuana/Cannabis Lounge
CUP
Marijuana/Cannabis Hotel Facilities*
CUP
17.180.085
Marijuana/Cannabis Manufacturing*
17.180.060
Marijuana/Cannabis Storefront Retail*
CUP
17.180.040
Marijuana/Cannabis Testing Facilities*
P
17.180.070
MEDICAL-RELATED AND CARE USES
Ambulance Fleet
Clinic and Urgent Care
CUP
Day Care Center*
CUP
CUP
17.12.220
Therapy and Rehabilitation Facilities
AUP
AUP
Hospital
CUP
Office, Medical and Dental Office
AUP
P
Residential Care Facilities (commercial assisted living, nursing home)
AUP
AUP
PUBLIC AND ASSEMBLY USES
Cultural Institutions
AUP
P
Event Facility, Event Center, Event Venue
P
Public Assembly Facilities
CUP
Religious Assembly Facilities
CUP
CUP
Schools, Private
CUP
CUP
Trade and Vocational Schools
CUP
CUP
Tutoring and Education Centers
P
P
RECREATION AND ENTERTAINMENT
Arcade/Electronic Game Center
CUP
AUP
Art Gallery
P
P
Commercial Recreation — Indoors
CUP
CUP
Commercial Recreation — Outdoors
CUP
Entertainment, Indoor (motion picture theaters, performance theatres, dance halls and similar)
CUP
AUP
Health/Fitness Facilities — Small
AUP
P
Health/Fitness Facilities — Large
CUP
CUP
RESIDENTIAL
Accessory Dwelling Unit
P
Dwelling, Multifamily*
P
P
17.08.040
Dwelling, Single-Family*
P
17.08.040
Home Occupations
A
A
Hotel/Motel to Residential Conversion
CUP
Live/Work Unit
P
P
Single Room Occupancy (SRO)*
CUP
Supportive Housing (senior citizens/congregate care housing)
P
P
Transitional Housing
P
P
RETAIL USES
Alcohol Beverage Sales
For Off-Site Consumption*
CUP
17.12.190
For On-site or Off-Site Consumption, in Conjunction with an Allowed Use*
CUP
CUP
17.12.190
Building Materials and Services, Indoor
P
Building Materials and Services, Outdoor
A
Convenience Store, No Alcohol Sales*
AUP
P
17.12.210
Convenience Store, with Alcohol Sales
CUP
CUP
Farmers' Market
TUP
TUP
Grocery Store
P
P
Indoor Retail Concessions
P
P
Mini-Mall (Strip-mall)
P
Nurseries and Garden Centers
AUP
P
Outdoor Temporary and/or Seasonal Sales
TUP
TUP
Recreational Equipment Rentals - Indoor Only
P
P
Retail Sales — General
P
P
Retail Sales — Restricted (firearm and ammunition stores, pawn shops, and jewelry/gold exchanges)
CUP
Vehicle Sales and Rental*
17.12.200
Large Vehicle, Construction, and Heavy Equipment Sales, Service, and Rental
SERVICE USES
Animal Care, Services
Animal Boarding/Kennels, Grooming
CUP
P
Veterinary Services, Large Animal
CUP
Veterinary Services, Small Animal
AUP
P
Funeral Parlors and Interment Services
AUP
Instructional Services
AUP
P
Maintenance and Repair Services - Indoor
P
P
Moving Companies, Storage Allowed
Personal Services, General
P
P
Personal Services, Restricted (massage establishments, day spa with massage)
CUP
CUP
Recording Studio
AUP
Social Service Facilities
P
Storage
Personal
Outdoor Recreational Vehicle Storage
Vehicle Repair and Services
Service/Fueling Station*
CUP
17.12.310
Vehicle Washing/Detailing
CUP
Vehicle Service, Minor
CUP
TRANSPORTATION, COMMUNICATION, AND INFRASTRUCTURE USES
Car Sharing — Parking
AUP
AUP
Parking Facility — Temporary
TUP
TUP
Utility Facilities — Staffed
CUP
Utility Facility — Unstaffed
CUP
CUP
Vehicle Charging Stations — Commercial
AUP
P
Vehicle Storage
Wireless Telecommunication Facilities — Minor
AUP
AUP
Wireless Telecommunication Facilities — Major
CUP
CUP
Wireless Telecommunication
Facilities, Satellite Dish Antenna
P
P
OTHER USES
Caretaker Quarters
AUP
AUP
Donation Boxes — Outdoors
Drive-Through or Drive-Up Facilities
CUP
Vending Machine
A
A
(Ord. 712 6-2-20; Ord. 727 1-19-21; Ord. 728 1-19-21; Ord. 799, 4/16/2024)

§ 17.14.030 Land use district development standards.

A. 
General Standards. The following standards are minimum unless stated as maximum. The following standards shall apply to development in all mixed-use districts, except as otherwise provided for in this Zoning Ordinance.
1. 
All indoor uses shall be conducted within a completely enclosed structure. Limited outside uses (e.g. patio dining areas and nursery sales limited to plants and trees) shall be approved with a Development Permit from the approval authority.
2. 
There shall be no visible storage of motor vehicles (except display area for sale or rent of motor vehicles), trailers, airplanes, boats, recreational vehicles, or their composite parts; loose rubbish, garbage, junk, or their receptacles; tents; equipment; or building materials in any portion of a lot. No storage shall occur on any vacant parcel. Building materials for use on the same premises may be stored on the parcel during the time that a valid Building Permit is in effect for construction.
3. 
Every parcel with a structure shall have a trash and recycling receptacle on the premises. The trash and recycling receptacle shall comply with adopted standards and be of sufficient size to accommodate the trash and recycling generated. The receptacle(s) shall be screened from public view on at least 3 sides by a solid wall 6 feet in height and on the 4th 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 parapet or screened in a manner which is architecturally integrated with the main structure(s).
5. 
Elevations of all structures shall be architecturally treated to ensure compatibility with neighboring structures.
B. 
Site Development Standards.
TABLE 17.14.02
SITE DEVELOPMENT STANDARDS
USE
MIXED USE DISTRICTS
Code Section
MU-N
MU-C
GENERAL PLAN DENSITY/FAR
Maximum Density — Residential
15 du/1 ac
30 du/1 ac
Minimum Density — Residential
20.0 du/1 ac
Maximum Floor Area Ratio (FAR) — Nonresidential
1.00
1.50
LOT DIMENSIONS, SIZE AND COVERAGE
Minimum Lot Size (net)
Single-family developments shall follow the standards of §§ 17.08.050 through 17.08.080
Single-Family
7,200 sf
—20,000 sf
Multifamily
10,000 sf
Minimum Lot Width
50 ft
100 ft
Minimum Lot Depth
Maximum Lot Coverage (Stand-Alone Residential)
60%
70%
SETBACKS AND BUILDING SEPARATIONS
Minimum Front Yard Setback (from public right-of-way)
10 ft
5 ft
1 garage front yard setback shall be a minimum of 20 ft.
Minimum Side Yard Setback
Interior
5 ft
5 ft
Corner or Exterior
10 ft
10 ft
Minimum Rear Yard Setback
Standard Lot
15 ft
15 ft
Adjacent to Alley
10 ft
10 ft
Minimum Building
Separation
10 ft
10 ft
DWELLING UNIT SIZE AND LAND AREA
Minimum Dwelling Unit Size
Studio
550 sf
550 sf
One Bedroom
700 sf
700 sf
Two Bedroom
900 sf
900 sf
Three or More Bedrooms
1,000 sf
1,000 sf
BUILDING HEIGHT AND STORIES
Maximum Number of Stories
3
4
Maximum Building/Structure Height
45 ft
60 ft
OTHER DEVELOPMENT STANDARDS
Signs and Outdoor Displays
Chapters 17.44 and 17.45
Off-Street Parking and Off-Street Loading
Chapters 17.48
Landscaping
Chapter 17.56
(Ord. 712 6-2-20; Ord. 714 7-7-20; Ord. 799, 4/16/2024)

§ 17.14.040 Mixed-use development.

A. 
General Requirements.
1. 
Mixed-use projects shall comply with the development criteria in this section in addition to the standards in Table 17.14.02.
2. 
If a proposed mixed-use development is located in an area covered by a specific plan, the development standards of the specific plan shall take precedence over the standards in this section unless otherwise stated to the contrary.
3. 
Lighting Standards. Lighting for nonresidential uses shall be designed, located, and shielded to ensure that it does not impact the residential uses.
B. 
Design Criteria. The following design criterion are highly encouraged:
1. 
Development Within a Mixed-Use District. All projects should be designed to:
a. 
Provide direct pedestrian linkages to adjacent public sidewalks and trails.
b. 
Create enhanced pedestrian connections throughout the project between residential and nonresidential uses/structures and parking areas.
c. 
Provide enhanced pedestrian amenities throughout the project, including seating, pedestrian area lighting, special paving, public art, water features, common open space, directories, and similar items to create a pleasant pedestrian experience.
d. 
Incorporate architectural design elements and materials that relate to a pedestrian scale.
e. 
Locate uses in proximity to one another without large intervening parking lots so that it is convenient for people to walk between the various uses and park their vehicles only once.
f. 
Create a pedestrian scale and character of development along the street by providing significant wall articulation and varying roof heights, incorporating pedestrian-scale elements (e.g., doors, windows, lighting, landscaping), and locating storefronts and common open space areas (e.g., plaza, courtyard, outdoor dining) near the public sidewalk to contribute to an active street environment.
g. 
Provide a transition to adjacent lower-density residential uses by reducing building height and increasing building setbacks.
2. 
Consistent Use of Architectural Details and Materials. Architectural style and use of quality materials should be compatible and consistent throughout an entire mixed-use project. However, differences in architectural details and materials may occur to differentiate between the residential and nonresidential portions of the project. The overall project design and site layout should be one that promotes an active pedestrian environment and street frontage. This can be accomplished by incorporating the following features into the project:
a. 
Street Level Features. Variations in the front building plane should be incorporated through the use of varying building setbacks, variations in wall planes, and the inclusion of pedestrian amenities (e.g., plaza, courtyard, outdoor dining, landscaping). Long expanses of blank walls should be avoided.
b. 
Pedestrian-Oriented Features. At least 75% of the building frontage facing a public street, primary pedestrian way, or parking lot shall be devoted to pedestrian-oriented features (e.g., storefronts, pedestrian entrances to nonresidential uses; transparent display windows; landscaping).
c. 
Upper-Level Features. Upper floor balconies, bays, and windows shall be provided to provide architectural accent and functional balcony space.
d. 
Entrances. When nonresidential and residential uses are located in a vertical mixed-use structure, separate pedestrian entrances shall be provided for each use. The entrances for nonresidential uses shall be designed to be visually distinct from the entrances for residential uses.
e. 
Neighborhood Interface. The design of new in-fill development should be sensitive to the scale and design characteristics of established structures in abutting residential neighborhoods, with the objective of achieving a visually distinctive transition between the new development and existing neighborhood. Consideration shall be given to factors, including, but not limited to, orientation of architectural features, building articulation, and exterior building treatments.
f. 
Lighting. Lighting should be incorporated along sidewalks or other pedestrian walkways, plazas, paseos, courtyards, and other common open areas to enhance the pedestrian environment and increase public safety.
g. 
Security. Projects shall be designed to minimize security risks to residents and to minimize the opportunities for vandalism and theft.
C. 
Site Layout.
1. 
Location of Nonresidential Uses Along Street Frontages.
a. 
For vertical mixed-use projects, only nonresidential uses should be located on the ground floor along public/private street frontages. Supporting areas for residential uses (e.g. lobbies, common areas, or communal rooms) may be located on the ground floor. Residential uses may be located above the ground floor and in areas that do not have frontage on a street. Up to 20% of the ground floor frontage may be occupied by lobby entrances to multiple residential units and pedestrian amenities (e.g., plaza, paseo, or courtyard).
b. 
For horizontal mixed-use projects, the residential portion of the project may have frontage on a public/private street.
c. 
On corner parcels, the nonresidential space should wrap around the corner for a distance of at least 30 feet along secondary/side streets.
2. 
Primary building entrances shall be oriented to the major street on which the structure has frontage, street corner, courtyard, plaza, park, or other structures on the site.
3. 
Site planning should integrate the street pedestrian environment with the nonresidential uses through the provision of pedestrian-oriented features (e.g., courtyard, plaza, paseo, street furniture, enhanced walkways, lighting, and landscaping).
D. 
Open Space Standards. Common and private open spaces shall be provided for projects with 5 units or more as follows:
1. 
In the MU-N District, a freestanding multi-family residential project within a horizontal mixed-use development shall provide common and private open space in compliance with standards for the R-M District. In the MU-C District, the open space standards for the R-H District shall apply.
2. 
Residential units that are part of a vertical mixed-use project (i.e., located above the ground floor and above nonresidential uses) shall provide open space as required below:
a. 
Up to 25% of the total open space requirement may be met by counting any private open space areas (patios and balconies) provided within the project.
b. 
The minimum area of any private open space may be in the form of patios or balconies accessible only to the abutting unit.
c. 
The minimum dimension (length and width) of eligible common open space areas shall be 20 feet. These may be located at grade or above grade and may include terraces, courtyards, rooftop gardens, or other similar areas.
d. 
Common open space areas shall include amenities for residents.
e. 
Sharing of common open space between residential and nonresidential uses may be allowed when it is clear that the open space will provide direct benefit to residents of the project and the public in general subject to the following limitations:
i. 
Up to 30% 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% of the required open space for residential uses in a vertical mixed-use project may be provided as quasi-public open space within the nonresidential component of the project.
iii. 
The minimum dimension (length and width) of shared common open space areas shall be 20 feet. These areas shall be located at grade and shall be accessible for use by the general public.
iv. 
Quasi-public open space areas shall not include outdoor dining areas or other outdoor activity areas for exclusive use by an individual business.
v. 
Quasi-public open space areas are areas located on private property and accessible to the general public. These areas shall include pedestrian oriented amenities, including enhanced seating, lighting, paving, landscaping, public art, water features, and other similar features.
E. 
Operational Standards.
1. 
Outdoor nonresidential uses in a mixed-use project that includes residential uses shall be prohibited from operating between the hours of 10:00 p.m. and 6:00 a.m. Approval of a conditional use permit may modify these hours.
2. 
Loading and unloading activities, including refuse collection, shall not take place after 10:00 p.m. or before 7:00 a.m. on any day of the week.
3. 
Residents, whether owners or tenants, of a mixed-use development project shall be notified in writing before taking up residence that they will be living in an urban environment and that the noise levels may be higher than a typical residential area.
4. 
The location and design of recycling and refuse storage facilities shall mitigate nuisances from noise and odors when residential uses might be impacted.
5. 
Residential dwelling unit interiors and private open space areas shall be designed to be sound attenuated against present and future project noise. New vertical mixed-use projects shall provide an acoustical analysis report, by an acoustical engineer, describing the acoustical design features of the structure required to satisfy the exterior and interior noise standards.
(Ord. 712 6-2-20; Ord. 799, 4/16/2024)

§ 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 5 or more units shall incorporate the following in the design:
1. 
For multifamily projects, up to 25% of the total open space requirement of Section 17.14.040(D) may be met by counting any private exterior open space areas (patios and balconies) provided within the project.
2. 
The private exterior open space shall be provided in the form of patios or balconies accessible 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; Ord. 799, 4/16/2024)

§ 17.14.060 Commercial development.

A. 
General Requirements. In addition to the development standards outlined within this chapter, stand- alone commercial development shall comply with design criteria outlined in this section.
B. 
Design Criteria. The overall design of a stand-alone commercial development should:
1. 
Provide direct pedestrian linkages to adjacent public sidewalks.
2. 
Provide enhanced pedestrian amenities throughout the project, including seating, pedestrian area lighting, special paving, public art, water features, common open space, directories, and similar items to create a pleasant pedestrian experience.
3. 
Incorporate architectural design elements and materials that relate to a pedestrian scale.
4. 
Locate uses in proximity to one another without large intervening parking lots so that it is convenient for people to walk between the various uses and their vehicles parking only once. Parking lots shall be located to the rear of buildings.
5. 
Create a pedestrian scale and character of development along the street by providing significant wall articulation and varying roof heights, incorporating pedestrian scale elements (e.g., doors, windows, lighting, landscaping), and locating storefronts and common open space areas (e.g., plaza, courtyard, outdoor dining) near the public sidewalk to contribute to an active street environment.
6. 
Incorporate variations in the front street level building plane through the use of building setbacks, variations in wall planes, and the inclusion of pedestrian amenities (e.g., plaza, courtyard, outdoor dining, landscaping). Long expanses of blank walls shall be prohibited.
7. 
The design of new in-fill development should be sensitive to the scale and design characteristics of established structures in abutting residential neighborhoods, with the objective of achieving visually distinctive transition between the new development and existing neighborhood. Consideration should be given to factors, including, but not limited to, orientation of architectural features, building articulation, and exterior building treatments.
8. 
Lighting shall be incorporated along sidewalks or other pedestrian walkways, plazas, paseos, courtyards, and other common open areas to enhance the pedestrian environment and increase public safety.
9. 
Projects shall be designed to minimize security risks to residents and to minimize the opportunities for vandalism and theft by maximizing visibility to common open space areas and internal walkways and minimizing areas of concealment and dead spaces.
10. 
In the case of either a new single or new multiple building development, a minimum of 50% of the primary public street frontage should be occupied by building frontages that incorporate any of the following: storefront entrances, display windows that provide views into the interior commercial space, plazas, courtyards, outdoor dining areas, or similar features. In the case of a secondary public street frontage, a minimum of 30% of the street frontage shall be occupied by building frontages that provide the same amenities as described above
(Ord. 712 6-2-20; Ord. 799, 4/16/2024)