Definitions for land uses are provided below. If a definition is not provided, the definitions in the Tribal Municipal Code shall apply. The TBD shall interpret the definitions; make a similar use determination in compliance with Section TBD Specific Plan Administration; and/or refer any questions to the for its determination. For the purposes of this Specific Plan, the following definitions shall apply:
"Land Use"
means the occupation or utilization of land or water area for any human activity or any purpose defined in the Specific Plan:
Agriculture Use (AG):
Activities involving crop production
Mixed Use (MU):
Activity involving a combination of potential industrial and/or commercial uses, namely commercial uses such as hotel, restaurants or the sale of goods / services. Industrial uses would mirror those of Light Industrial designation (defined below).
Light Industrial (LI):
Those fields of economic activity including construction; distribution; manufacturing; transportation, communication, electric, gas, and sanitary services; and wholesale trade.
Industrial Energy & Utilities (IE):
those fields of developing energy resources such as wind, solar, and/or uses allowed within the light industrial designations outlined above. Uses may include, vermiculite, or other recycling uses as well. Additionally, IE designated planning areas will include the water well and storage reservoir, temporary septic and some other public or private utility-related industrial uses
"Agricultural uses"
means crop production.
"Agriculture products processing"
means the act of changing an agricultural crop after harvest from its natural state to the initial stage of processing in order to prepare it for market and for further processing at an off-site location. Examples of this processing include nut hulling and shelling, bean cleaning, corn shelling and sorting, grape sorting and crushing, primary processing of fruits to juice and initial storage of the juice, without fermentation, and cleaning and packing of fruits.
"Amphitheater and Concert Venue"
means any facility intended for live performances with an audience of any kind. These may include music, or other sorts of live performances and shall be considered same intended functional use "Theaters & Meeting Halls" per Council ordinances.
"Ancillary structure"
means a building which is subordinate and customarily incidental to a principal building and is located on the same lot as the principal building.
"Ancillary use"
means a use incidental to and customarily associated with a specific principal use, located on the same lot or parcel.
"Antenna"
means a device for transmitting or receiving radio, television, or any other transmitted signal.
"Bank and financial services"
mean a financial institution such as a bank or trust company, credit agency, holding (but not primarily operating) company, lending and thrift institution, or investment company. Also includes automated teller machines (ATM).
"Bar, lounge"
means any lounge, or similar establishment, which may also provide some minor live entertainment (e.g., music) in conjunction with alcoholic beverage sales. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include the brewing of beer as part of a brew pub or microbrewery. Bars may include outdoor food and beverage areas. These facilities do not include bars that are part of a larger restaurant. A use that includes a dance floor, dance hall, discotheque, or stage for musical, comedy, or other performance acts is not included in this use classification.
"Bed and breakfast"
mean a transient/short term lodging establishment primarily engaged in providing overnight or otherwise temporary lodging for the general public and may provide meals to the extent otherwise permitted by law.
"Business support services"
means establishments primarily within buildings, providing other businesses with services such as maintenance, repair and service, testing, rental, etc.
"Cannabis concentrate"
means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this division. A cannabis concentrate is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by the Tribal Health and Safety Code.
"Cannabis or Marijuana"
shall have the same meaning as provide in Health and Safety Code Section 11018, as amended (which code section used to define Marijuana). The terms Cannabis and Marijuana shall be used interchangeably in this Chapter.
"Clinic"
means a place for outpatient medical services to human patients.
"Club"
means an association of persons (whether or not incorporated) organized for some common purpose, but not including a group organized primarily to render a service customarily carried on as a business.
"Condominium"
means a development consisting of an undivided interest in common for a portion of a parcel coupled with a separate interest in space in a residential or commercial building on the parcel.
"Crop production and horticulture"
means raising and harvesting of plants, tree crops, row crops, or field crops on an agricultural or commercial basis, including packing and processing. Includes horticulture establishments engaged in the cultivation of cannabis, flowers, fruits, vegetables, or ornamental trees and shrubs for wholesale and incidental retail sales. Excludes uses for which other garden, nursery, or landscape merchandise are stored and sold on the site.
"Cultivation"
means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
"Cultivator"
shall mean Cannabis Facilities licensed as a Cultivation Site or as a Cultivator pursuant to California Business and Professions Code section 19300 et seq. or pursuant to California Business and Professions Code section 26000 et. seq.
"Data center"
means a facility used to house computer systems and associated components, such as telecommunications and storage systems. It generally includes redundant or backup power supplies, redundant data communications connections, environmental controls (e.g., air conditioning, fire suppression) and security devices. Data centers may also include related office space and personnel.
"Delivery"
means the commercial transfer of cannabis or cannabis products from a state licensed distributor or retailer wherever located, to an adult twenty one years of age or older, qualified patient, or primary caregiver located in the City of Desert Hot Springs, and shall include the use of any technology platform that enables adults twenty one years of age or older, qualified patients, or primary caregivers located in Desert Hot Springs to arrange for or facilitate the commercial transfer of cannabis or cannabis products.
"Dispensary"
shall mean Cannabis Facilities licensed as a Dispensary pursuant to Tribal Business and Professions.
"Distribution"
means the procurement, sale, or transport of cannabis or cannabis products either within the City limits, or to and from the Council from a place outside the Tribes limits, from a permitted business location of a licensed entity to a permitted business location of another licensed entity subject to State laws and regulations and subject to the provisions of this Chapter and the Council Municipal "Educational institution" means a school, college, or university, supported wholly or in part by public funds or giving general academic instruction equivalent to the standards prescribed by the Tribal Board of Education.
"Electric substation"
means a moderate to large-scale facility serving a sub-area, entire city, or region, including power substations, water transmission lines, wireless base stations, sewer collectors and pump stations, switching stations, gas transmission lines, water storage tanks and reservoirs, and similar structures.
"Entertainment, Live. "Live entertainment"
means any act, play, revue, pantomime, scene, dance, art, or song and dance act, or any combination thereof, performed by 1 or more persons whether or not they are compensated for the performance. These performances may take place in concert venue related areas, such as an amphitheater or other stage-oriented concert facilities.
"Greenbelt"
means any area of undeveloped natural land that has been set aside near urban or developed land to provide open space, offer light recreational opportunities, or contain development.
"Hotel"
means guest rooms or suites occupied on a transient/short term basis, with most rooms gaining access from an interior hallway.
"Legal parcel"
means a parcel of land for which one (1) legal title exists. Where contiguous legal parcels are under common ownership or control, such legal parcels may at the option of the property owner be counted as a single parcel for purposes of this Chapter.
"Manufacturer"
means a person or entity that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.
"Manufacturing (minor)"
means manufacturing, fabrication, processing, and assembly of materials from parts that are already in processed form and that, in their maintenance, assembly, manufacture, or plant operation, do not create excessive amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on site or on an adjacent site.
"Marijuana Cultivation Facility"
means a facility wherein cannabis 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 Distribution Facility"
means any facility or location, the primary function of which is the procurement, sale, and/or transport of cannabis and/or cannabis 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 the City's Municipal Code.
"Marijuana Facility"
means collectively any cannabis dispensary, cannabis cultivation facility, cannabis distribution facility, cannabis testing facility or cannabis manufacturing facility, as those terms are defined in this Chapter.
"Marijuana Manufacturing Facility"
means a facility where the production of cannabis concentrate, and/or the preparation, propagation, or compounding of manufactured cannabis, either directly or indirectly or by extraction methods or independently by means of chemical synthesis, or the packaging or repackaging of cannabis or cannabis products, or the labeling or relabeling of its containers, occurs, provided the facility holds a valid cannabis Manufacturing Facility license, a cannabis Regulatory Permit, and a Conditional Use Permit all issued in accordance with this Chief Municipal Code, and provided that the facility will qualify for a valid Tribal ID when the Tribal Governance begins issuing Tribal licenses to cannabis Manufacturers.
"Marijuana Testing Facility"
shall mean a facility where test of cannabis includes research and development, product safety, diagnostics, and potency, including laboratory testing.
"Medical clinic"
means an establishment where patients, who are not lodged overnight, are seen for examination and treatment by one or more of a group of physicians, dentists, psychologists, or social workers, practicing together. May also include laboratories that are ancillary to the primary use.
"Medical laboratory"
means an establishment primarily engaged in providing professional analytic or diagnostic services to the medical profession, or to the patient, on direction of a physician.
"Medicinal cannabis" or "medicinal cannabis product"
means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Tribal Council who possesses a physician's recommendation.
"Mixed use development"
means the development of a parcel(s) or structure(s) with 2 or more different land uses such as, but not limited to a combination of residential, office, retail commercial, public, or entertainment in a single or physically integrated group of structures and support (parking, etc.) facilities.
"Nightclub"
means a commercial establishment dispensing alcoholic beverages for consumption on the premises and in which dancing and musical entertainment are permitted.
"Private club"
means a building or premises used by an association of persons, whether incorporated or unincorporated, organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
"Processing"
means the preparation of material for efficient shipment or to an end-user's specifications by such means as baling, briquette, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and re-manufacturing.
"Public art"
means any visual work of art, accessible to public view, including but not limited to sculptures, statues, murals, monuments, frescoes, fountains, paintings, stained glass, or ceramics, and which does not contain advertising.
"Tribal utility structure"
means a fixed-base structure or facility serving as a junction point for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities: electrical substations and switching stations; telephone switching facilities; natural gas regulating and distribution facilities; public water system wells, treatment plants, and storage; and community wastewater treatment plants, settling ponds, and disposal fields. These uses do not include uses that are not directly and immediately used for the production, generation, storage, or transmission of water, wastewater, or electrical power such as an office or customer service center.
"Recycling facility, processing"
means a recycling facility located in a building or enclosed space and used for the collection and processing of recyclable materials.
"Research and development"
mean an indoor facility for scientific research and the design, development, and testing of electrical, electronic, magnetic, optical, and mechanical components in advance of product manufacturing that are not associated with a manufacturing facility on the same site. Includes, but is not limited to, chemical and biotechnology research and development.
"Resort hotel"
means a group of buildings containing guest rooms and providing outdoor recreational activities.
"Retail, accessory"
means the retail sales of various products (including food service) in a store or similar facility that is located within an industrial complex. These uses include, but are not limited to, food service establishments within industrial complexes. This use category also includes retail associated with industrial uses for the products sold, distributed, or manufactured on site. The permitted retail area of the accessory use is based on the total square footage of the tenant space of a single-use development or the combined floor area of an integrated development in a mixeduse project.
"Solar facilities"
means the airspace over or adjacent to a parcel that provides access for a solar energy system to absorb energy from the sun.
"Specific plan"
means a plan consisting of text, maps, and other documents and exhibits regulating development within a defined area of the , consistent with the General Plan and the provisions of Government Facilities" are only allowed in the Mendocino Indian Reserve Industrial Cultivation & Ancillary Canna-Business Park under the following circumstances: property has an approved Development Permit; permanent facility plans must be in the plan check process; special approval has been granted; and d) temporary facilities are limited to 18 months of operation, after obtaining a Temporary Certificate of Occupancy from the Council. Should the property owner wish to make the temporary facilities permanent, then an administrative approval process may proceed, and an updated development permit must be obtained.
"Variance"
means a discretionary entitlement which permits the departure from the strict application of the development standards contained in this Tribal Specific Plan.
"Non-storefront Retail Facility"
shall have the same meaning as in Business and Profession as may be amended, and further defined by Regulations, as may be amended. Currently, this is a deliver only retail facility which sells cannabis to a customer solely and exclusively by delivery.
"Storefront Retail Facility"
shall have the same meaning as in Business (a), as may be amended, and further defined by in the , as may be amended. Currently, this is a retail facility which sells and/or delivers cannabis or cannabis products to customers. A storefront retail facility shall have a licensed premise which is a physical location which commercial cannabis activities are conducted.