Coachella City Council
February 26, 2025

Item 18.

Item 18.

Created: 2024-06-26 08:27:42 [EST]
(Supp. No. 26)

Title 17 - ZONING
Chapter 17.77 PRE-APPLICATION REVIEW
Chapter 17.77 PRE-APPLICATION REVIEW

17.77.010 Intent and purpose.

The purpose of a pre-application review includes the following:

A. To achieve better projects through early consultation between city staff and project proponents; B. To notify the city's executive staff of major projects that have significant impacts on the community; C. To coordinate reviews of projects among city staff, city departments, and outside agencies; D. To familiarize project proponents with the regulations and procedures that apply to the project; E. To provide project proponents with an early indication of whether a proposed development will be recommended for approval by staff;
F. To avoid significant investment in the design of a project without preliminary directions from city staff; and to identify issues that may arise during review of the projects (e.g., conformance with applicable design guidelines, conformance with goals, policies, and objectives of the general plan, environmental requirements and possible recommended mitigation measures, possible recommended conditions of approval, and requirements for public improvements).
(Ord. 1004-(2) § 4 (part), 2008)

17.77.020 Applicability.

A. Pre-application review shall be required for projects subject to one or more of the following approvals:

1. Projects involving a specific plan adoption, specific plan amendment, or planned development overlay;

2. Projects involving a general plan amendment, or change of zone;

3. Projects involving new construction of more than five thousand (5,000) square feet of commercial or institutional building area if not within the boundaries of an adopted specific plan;

4. Projects involving four or more dwelling units;

5. New construction of more than five hundred (500) square feet of building area within the boundaries of the Pueblo Viejo Master Plan;

6. New construction located within the boundaries of an adopted specific plan, if the review is required by the director;

7. Projects involving service stations, auto repair facilities, car washes, drive-thru businesses, auto dismantling, salvage yards, and outdoor storage uses;

8. New construction of more than ten thousand (10,000) square feet of industrial building area;

9. Land uses involving a conditional use permit in the industrial zones;

10. Street vacations;

Item 18.

Created: 2024-06-26 08:27:42 [EST]
(Supp. No. 26)

11. Water reservoirs and wastewater treatment plants;

12. Subdivisions of land involving five or more lots.

Coachella, California, Code of Ordinances
B. Optional Review. A project proponent may voluntarily submit a request for a pre-application review for any project involving a discretionary land use entitlement, change of zone request, or a tentative map.

C. Director-Required Review. The director reserves the right to require pre-application review for any project involving multiple-agency coordination and discretionary land use entitlements, where the proposed land uses have the potential to cause adverse impacts upon surrounding property owners. The director shall issue findings in writing requiring pre-application review, pursuant to this subsection. (Ord. 1004-(2) § 4 (part), 2008)

17.77.030 Procedure.

A. Procedure. Once the director determines that a request for pre-application review is complete, the director or designee shall process the request in the following manner.

1. Submittal Requirements. All requests for pre-application review shall be accompanied by a form to be provided by the community development department, twelve (12) copies of a site plan as specified in Chapter 17.62 of this title, and the required processing fee. Additional graphic materials may be requested by the director as part of the initial review of the pre-application submittal.

2. Notice. The director or designee shall send a written notice, with a project description and copy of site plan, to all affected city departments, outside agencies and special districts, informing of the time and place of the scheduled pre-application review.

3. Meeting. The pre-application review shall be conducted at a meeting in which the applicant for a project is invited and city departments and outside agencies are in attendance.

4. Scheduling. The director shall set the time and place of the pre-application review meeting, to be conducted within three weeks of receipt of a complete application.

5. Responsible Staff. The city manager, or designee, shall determine which city departments and outside agencies shall participate in the pre-application meeting. The director shall designate the staff person(s) responsible for scheduling and conducting the pre-application meeting.

6. Written Report. A written report from the director outlining the results of the pre-application review shall be provided to the applicant within thirty (30) days of the meeting. The written report shall be distributed to the city manager and executive staff, and shall be attached to the formal development application.
(Ord. 1004-(2) § 4 (part), 2008)

17.77.040 Pre-application review meeting.

A. Case Manager. The city manager shall appoint a case manager for the project, which shall be the primary liaison responsible for overseeing the project through the city's review and approval process. The case manager may be from the planning staff, economic development staff, public works staff, or redevelopment/housing staff, depending on the major entitlements needed and/or areas of expertise required for processing of the project.

Item 18.

Created: 2024-06-26 08:27:42 [EST]
(Supp. No. 26)

B. Coordination. The staff person assigned to conduct the meeting shall provide an overview of procedures, introduce the case manager assigned to the project, engage the applicant and agencies in discussion, and conclude the meeting. At the initiation of the meeting, the applicant shall present a brief overview of the development proposal. All staff and agencies shall be prepared to discuss the proposal in detail and identify any major issues that may arise if the proposal is processed.

C. Duration. The meeting shall be limited to one hour in duration. If additional time is required, this can be arranged at an additional cost to the applicant. If, at the end of the session, the status of certain issues remains unresolved, staff shall identify those issues and/or include any additional recommendations or study requests specified in the written report.

D. Disclaimer. Neither the pre-application meeting, the written report, nor information or pertinent policies provided by the city departments shall be construed as a city recommendation for approval or disapproval of the application/project.
(Ord. 1004-(2) § 4 (part), 2008)

17.77.050 Contents of written report.

A. Report Contents. The written report required under Section 17.77.030(A)(6) shall contain a letter from the director and copies of all staff and agency comments on the development proposal that were received as part of the pre-application review. Although the contents of the written report will depend on the type of proposal, its proposed location, the background information provided by the applicant, and other factors, the report shall generally provide the applicant with the following types of information:

1. Any applications which must be filed to process the proposal as well as any timing requirements associated with filing such applications. Applications which may be required include but are not limited to the following: general plan amendments, specific plans, changes of zone, and tentative maps.

2. Any special studies which must be filed to process the proposal as well as any timing requirements associated with filing such special studies. Special studies which may be required include but are not limited to the following: fiscal impact, private debt burden, biological, archeological, paleontological, geological, flood, traffic, air quality study and noise studies.

3. Any special plans which must be filed to process the proposal. Special plans which may be required include but are not limited to the following: conceptual grading plans, parks improvement plans, construction staging plans, dust control plans, and streetscape elevation renderings.

4. Current fees including but not limited to the following: application fees, mitigation fees (e.g., signal mitigation fees or area drainage fees), and special district fees administered by the city (e.g., MSHCP fees, TUMF fees).

5. Any major environmental issues associated with the proposal, including the possible need for an EIR subject to the anticipated environmental assessment.

6. Any major design considerations associated with the proposal (e.g., grading and drainage design, ingress/egress designs, limitations on density, requirements for public parks).

7. The availability of water, sewer, and fire flow rate.

8. The concerns remaining for the proposal, if any.

9. The changes that staff will require before making an approval recommendation, or a statement that an approval recommendation will not be made given the proposal's present configuration.

10. Findings required for the necessary permit or approval.

Item 18.

Created: 2024-06-26 08:27:42 [EST]
(Supp. No. 26)

(Ord. 1004-(2) § 4 (part), 2008)

17.77.060 Validity of agency comments.

A. Agency Comments. No issues other than those identified in the written report shall be raised by staff during processing of the development proposal unless there are changed circumstances or new information identified during the processing of entitlement applications. The written report shall be valid for two years from the date thereof, unless a shorter period is specified in the written report.

B. Changed Circumstances. Notwithstanding the provisions of this section, where the director, department head, or agency representative subsequently determine that conditions have changed or that the existing information does not fully address all significant concerns, staff may require an additional study or studies not specified in the pre-application written report. Similarly, city and special district policies may change during the report's two year life, and policy recommendations, which were valid when the written report was issued, may or may not be valid when the development proposal is filed and processed. In such cases, the development application will be subject to City and special district policies in effect at the time of filing or hearing, whichever is appropriate. State and federal policies and laws unknown or not effective at the time of pre- application review may also affect the subsequent application.

C. Amended Recommendations. Notwithstanding the provisions of this section, the written report shall not in any manner whatsoever bind any city hearing body and shall not preclude such hearing body from requiring additional information or studies or from making additional recommendations in the course of the decision making process. (Ord. 1004-(2) § 4 (part), 2008)

17.77.070 Revisions.

A. Revisions. The pre-application written report shall apply to the development proposal described in the request for pre-application and discussed at the pre-application review meeting. Substantial revisions to the proposal after issuance of the written report which do not conform to the agency comments shall invalidate the written report.

B. New Project. To process a substantially revised proposal, a new request for pre-application review and new fee will be required of the applicant. For purposes of this section, the director shall determine whether or not revisions made are substantial and constitute a new project. (Ord. 1004-(2) § 4 (part), 2008)

Item 18.

STAFF REPORT
2/12/2025
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Provide direction and approve appointments to the City’s Coachella Planning Commission, Parks and Recreation Commission and Culture and Arts Commission.

STAFF RECOMMENDATION:

Provide direction and approve appointments to fill vacancies the City’s Coachella Planning Commission, Parks and Recreation Commission and Culture and Arts Commission.

BACKGROUND:

The term has expired for various seated commissioners (highlighted below). The city advertised and accepted applications for these vacancies from December – January 7, 2025. The expired/vacant positions are highlighted below from the Planning Commission, Parks and Recreation Commission and Culture and Arts Commission.

COACHELLA PLANNING COMMISSION

APPOINTEE NOMINATED BY
(MEMBER OF COUNCIL)

ORIGINAL

APPOINTMENT

TERM EXPIRES
Diana Ramirez Councilmember Delgado March 8, 2023 November 2024 Jason Hernandez Mayor Pro-Tem Galarza March 8, 2023 November 2024 Yurema Arvizu Councilmember Figueroa March 8, 2023 November 2026 Isela Murillo Councilmember Virgen March 8, 2023 November 2026 Ruben Gonzalez Councilmember Galarza June 26, 2019 November 2024 Oscar Fonsesca (Alternate) Mayor Hernandez March 8, 2023 November 2026

Item 19.

COACHELLA PARKS AND RECREATION COMMISSION

APPOINTEE NOMINATED BY
(MEMBER OF COUNCIL)

ORIGINAL

APPOINTMENT

TERM EXPIRES
Rosalio Avila (Chair) Councilmember Galarza April 26, 2023 November 2024 Robert Antonio Caballero Councilmember Delgado April 26, 2023 November 2024 Andrew Gallegos Mayor Hernandez April 26, 2023 November 2026 Marcos Granados Jr.(Vice C) Mayor Pro Tem Virgen April 26, 2023 November 2026 Karen Hernandez Councilmember Dr. Figueroa April 26, 2023 November 2026 J. Carlos Ayala Alternate (Mayor Hernandez) April 26, 2023 November 2026

CULTURE AND ARTS COMMISSION

APPOINTEE NOMINATED BY
(MEMBER OF COUNCIL)

ORIGINAL

APPOINTMENT

TERM EXPIRES
Armando Lerma Mayor Hernandez July 26, 2023 November 2024 Clara Nieblas Mayor Pro Tem Virgen July 26, 2023 November 2026 Irene N. Rodriguez Councilmember Delgado July 26, 2023 November 2024 Juan Ponce Ramos Councilmember Dr. Figueroa July 26, 2023 November 2026 Oralia “Yaya” Ortiz
Javier Figueroa (Alt.)
Councilmember Galarza
Mayor Hernandez
July 26, 2023
July 26, 2023
November 2024
November 2024
DISCUSSION/ANALYSIS:

Per the City’s Municipal Code Section 2.26.020 Commission Member Appointment process is as follows: “. . . each council member may nominate an individual to serve on each city commission and committee subject to appointment by the mayor, with approval by the city council, at open session of a regular or special city council meeting. “ Next steps and options include:
1) vote to elect from the applicants currently on file (attached hereto) 2) choose to establish a new application period to invite additional applicants to apply for the vacant Commissioner and Alternate Commissioner positions and/or 3) provide alternate direction.

Item 19.

Candidates Applications Received Per Commission
Planning Commission (3 vacancies)
- Ruben Gonzalez
- Jesus Nunez (Planning/Parks)
- Elizabeth Aguilar
- Diana Ramirez
- Stephanie Ambriz
- Robert Caballero
- Oscar Fonseca
- Jason P. Hernandez
- Eva Lara
- Rosalio Avila (Planning/Parks)
Parks and Recreation Commission (3 vacancies)
- Rosalio Avila
- Jesus Nunez
Culture and Arts Commission (4 vacancies)
- Armando Lerma
- Irene Rodriguez
- Javier Figueroa
- Oralia Ortiz
FISCAL IMPACT:

None.

Attachments: Applications received (16)

Item 19.

STAFF REPORT
1/22/2025
TO: Honorable Mayor and City Council Members
FROM: Delia Granados, Deputy City Clerk
SUBJECT: Mayor's Appointments to Various Council Subcommittees, Coachella Valley Association of Government (CVAG) Committees, Other Agencies, etc.

STAFF RECOMMENDATION:

Appoint the members of Council to the various intergovernmental organizations, associations and City subcommittees.

BACKGROUND:

The City Council Members represent the City on various intergovernmental agencies and associations that consider policy and legislation, which directly impacts the City. In addition, Council Members serve on City subcommittees (ad hoc and standing) and as liaisons to several entities. In compliance with the requirements of the Maddy Act, Government Code 54972, the attached local appointments list shows all boards, commissions, and committees which are appointed by the legislative body of the local agency and the dates of their terms of office.

Also, attached is a completed Fair Political Practices Commission (FPPC) form 806, which has been posted to the City’s website. This form is required pursuant to FPPC Regulation 18705.5.

Each agency must post on its website Form 806, which lists all the paid appointed positions to which an official will vote to appoint themselves. This form must be posted prior to a vote (or consent item) to appoint a governing board member if the appointee will participate in the decision and the appointment results in additional income of $250 or more in a 12-month period.

The Mayor will be identifying Council appointments to these Committees.

FISCAL IMPACT:

There is no fiscal impact to the General Fund.

Attachments: Appointments List
FPPC Form 806

Item 20.

C:\Users\MeetingsOfficeUser11\AppData\Local\Temp\tmp9F8C.tmp

CITY OF COACHELLA

ELECTED/APPOINTED OFFICIALS, BOARDS, COMMITTEES AND COMMISSIONS

LOCAL APPOINTMENTS LIST
CALENDAR YEAR 2025 DRAFT

ELECTED OFFICIALS
City Council Meetings are held on the second and fourth Wednesday of each month in the Council Chamber of City Hall, beginning at 6:00 p.m.

ELECTED OFFICIALS TERM EXPIRES
Mayor Steven Hernandez November 2026
Mayor Pro Tem
Councilmember
Denise Delgado
Stephanie Virgen
November 2028
November 2026
Councilmember Dr. Frank Figueroa November 2026
Councilmember Yadira Perez November 2028
City Clerk Angela M. Zepeda November 2028
City Treasurer Mayra Perez November 2028

APPOINTED OFFICIALS
Interim City Manager Bill Pattison
City Attorney Ryan Guiboa
In compliance with the requirements of the Maddy Act, Government Code 54972, the following local appointments list shows all boards, commissions, and committees which are appointed by the legislative body of the local agency and the dates of their terms of office.

COACHELLA PLANNING COMMISSION – (Meets on the first and third Wednesday of each month at 6:00 p.m. at the Coachella Council Chambers of City Hall located at 1515 Sixth Street, Coachella.) The City Planning Commission shall consist of five regular members and one alternate member. Members of commissions shall be appointed for four-year terms or less. The term of each commission member shall continue for the term of the nominating council member and automatically terminate when the council member’s term ends. If a council member is reelected, that council member is entitled to make all new nominations or may choose to re-nominate the council member’s previous nominee.

APPOINTEE NOMINATED BY
(MEMBER OF COUNCIL)

ORIGINAL

APPOINTMENT

TERM EXPIRES
Diana Ramirez Councilmember Delgado March 8, 2023 November 2024 Jason Hernandez Mayor Pro-Tem Galarza March 8, 2023 November 2024 Yurema Arvizu Councilmember Figueroa March 8, 2023 November 2026 Isela Murillo Councilmember Virgen March 8, 2023 November 2026 Ruben Gonzalez Councilmember Galarza June 26, 2019 November 2024 Oscar Fonsesca (Alternate) Mayor Hernandez March 8, 2023 November 2026

Item 20.

City of Coachella Page 2
Committee Membership – 2024

OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY (HEALTH AND SAFETY CODE SECTION 34179-34181): – (Meetings held as needed.) The Oversight Board was created pursuant to California State law that dissolved the Coachella Redevelopment Agency, along with all 400 redevelopment agencies in California, on February 1, 2012. That law, known as AB X1 26, required the City of Coachella, as the successor agency to the Coachella Redevelopment Agency, to create a new Oversight Board to oversee certain fiscal management of former Agency funds and assets.

Oversight Boards direct the staff of the Successor Agency, have fiduciary responsibilities to holders of enforceable obligations, approves actions of the Successor Agency and establishes the Recognized Payment Obligation Payment Schedule. It takes a majority of the Oversight Board to constitute a quorum and to vote to take action.

The California Redevelopment Dissolution Laws mandated the dissolution of the 25 existing Oversight Boards within the County of Riverside and the creation of a single Consolidated Oversight Board overseeing all 25 successor agencies within the County commencing on July 1, 2018.

QUALIFICATIONS APPOINTEE ORIGINAL

APPOINTMENT

TERM EXPIRES
Authority to represent the Successor Agency
before the Countywide Oversight Board, the
Riverside County Auditor-Controller, the State
Controller, the California Department of
Finance, or any other public body with regards to
the Successor Agency business with the
Countywide Oversight Board.

Gabriel Martin
City Manager
December 8, 2021 Open
COACHELLA PARKS AND RECREATION COMMISSION – (Meets on the third Tuesday of each month at 4:30 p.m. in the upstairs conference room at the Coachella Council Chambers of City Hall located at 1515 Sixth Street, Coachella.)
The Coachella Parks and Recreation Commission shall consist of five regular members and one alternate member.

Members of commissions shall be appointed for four-year terms or less. The term of each commission member shall continue for the term of the nominating council member and automatically terminate when the council member’s term ends. If a council member is reelected, that council member is entitled to make all new nominations or may choose to re-nominate the council member’s previous nominee.

APPOINTEE NOMINATED BY
(MEMBER OF COUNCIL)

ORIGINAL

APPOINTMENT

TERM EXPIRES
Rosalio Avila (Chair) Councilmember Galarza April 26, 2023 November 2024 Robert Antonio Caballero Councilmember Delgado April 26, 2023 November 2024 Andrew Gallegos Mayor Hernandez April 26, 2023 November 2026 Marcos Granados Jr.(Vice C) Mayor Pro Tem Virgen April 26, 2023 November 2026 Karen Hernandez (Vacant) Councilmember Dr. Figueroa April 26, 2023 November 2026 J. Carlos Ayala Alternate (Mayor Hernandez) April 26, 2023 November 2026

Item 20.

City of Coachella Page 3
Committee Membership – 2024
CULTURE AND ARTS COMMISSION – (Meetings called as needed at the Corporate Yard located at 53-462 Enterprise Way, Coachella.)
The Culture and Arts Commission shall consist of five regular members. Members of commissions shall be appointed for four-year terms or less. The term of each commission member shall continue for the term of the nominating council member and automatically terminate when the council member’s term ends. If a council member is reelected, that council member is entitled to make all new nominations or may choose to re-nominate the council member’s previous nominee.

APPOINTEE NOMINATED BY
(MEMBER OF COUNCIL)

ORIGINAL

APPOINTMENT

TERM EXPIRES
Armando Lerma Mayor Hernandez July 26, 2023 November 2024 Clara Nieblas Mayor Pro Tem Virgen July 26, 2023 November 2026 Irene N. Rodriguez Councilmember Delgado July 26, 2023 November 2024 Juan Ponce Ramos Councilmember Dr. Figueroa July 26, 2023 November 2026 Oralia “Yaya” Ortiz
Javier Figueroa (Alt.)
Councilmember Galarza
Mayor Hernandez
July 26, 2023
July 26, 2023
November 2024
November 2024
YOUTH ADVISORY COMMISSION – (Meets on the second Monday of each month at 4:30 p.m. at the Council Chambers of City Hall located at 1515 Sixth Street, Coachella.) The Youth Advisory Commission shall consist of ten regular members. All members of the commission must live within the City of Coachella and be enrolled in high school. The term of a commissioner is one year from August to June; mirroring the local school district's school year. The term of each commission member shall continue for the term of the nominating council member and automatically terminate when the council member’s term ends. If a council member is reelected, that council member is entitled to make all new nominations or may choose to re-nominate the council member’s previous nominee.

APPOINTEE NOMINATED BY
(MEMBER OF COUNCIL)

ORIGINAL

APPOINTMENT

TERM EXPIRES
Christian Fausto (Chair) Full Council September 25, 2024 June 2025 Alejandro Cobos (Vice Chair) Full Council September 25, 2024 June 2025 Izabella Nunez (Secretary) Full Council September 25, 2024 June 2025 Jade Arguelles Full Council September 25, 2024 June 2025 Briana Lara-Saldivar
Ivan Mendez-Perez
Sehwa Meza
Libni H. Valle
Full Council
Full Council
Full Council
Full Council
September 25, 2024
September 25, 2024
September 25, 2024
September 25, 2024
June 2025
June 2025
June 2025
June 2025

COUNCIL SUB-COMMITTEES
Building/Code Enforcement/Public Safety Sub-Committee – (Meetings called as needed) Neftali Galarza, Councilmember
Dr. Frank Figueroa, Councilmember
City Manager
Development Services Director

Item 20.

City of Coachella Page 4
Committee Membership – 2024
City Engineer
Police Chief
Battalion Chief
Finance Director
Permit Technician (Support Staff)
Code Enforcement
Economic Development/Planning Sub-Committee – (Meetings held on the 1st Thursday of each month at 5:00 p.m. in the Council Chambers of City Hall located at 1515 Sixth Street, Coachella) Steven Hernandez, Mayor – Chair
Stephanie Virgen, Mayor Pro Tem
City Manager
Development Services Director
Economic Development Director
Finance Director
Senior Citizens Advisory Sub-Committee – (Meetings called as needed, if held, on the 3 rd Wednesday
of the month at 1:00 p.m.)
Neftali Galarza, Councilmember
Dr. Frank Figueroa, Councilmember
Public Works Director
Senior Center Coordinator (Support Staff)
Engineering/Public Works/Water-Sewer Sub-Committee – (Meetings called as needed.) Steven Hernandez, Mayor
Denise Delgado, Councilmember
City Manager
Development Services Director
Economic Development Manager
Finance Director
Utilities Department Assistant (Support Staff)
Sister City Sub-Committee – (Meetings called as needed.) Steven Hernandez, Mayor
Neftali Galarza, Councilmember
City Manager
Economic Development Manager
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS – Dark during the months of March, July, August, October and December*
Executive Committee – (Meetings held on last Monday* at 4:30 p.m.) Steven Hernandez, Mayor, Member
Neftali Galarza, Councilmember, Alternate

Item 20.

City of Coachella Page 5
Committee Membership – 2024
City Manager, Staff
CVAG COMMITTEES – (Continued)
Transportation Committee (TC) – (Meetings held on 1
st Monday* at 10:00 a.m.)
Steven Hernandez, Mayor, Member
Neftali Galarza, Councilmember, Alternate
City Engineer, Staff
Homelessness Committee – (Meetings held on 3rd Wednesday* at 10:00 a.m.) Denise Delgado, Councilmember, Member
Dr. Frank Figueroa, Councilmember, Alternate
Economic Development Manager, Staff
Development Services Director, Staff, Alternate
Energy/Environmental Resources – (Meetings held on 2nd Thursday of each month at 12:00 noon) Stephanie Virgen, Mayor Pro Tem, Member
Neftali Galarza, Councilmember, Alternate
Assistant to the City Manager, Staff
Public Safety – (Meetings held on 2nd Monday* at 9:00 a.m.) Dr. Frank Figueroa, Councilmember
Denise Delgado, Councilmember
City Manager, Staff
Police Chief
Battalion Chief
Technical Planning Sub-Committee – (Meetings held on 3rd Tuesday* at 11:00 a.m.) Development Services Director, Staff
Senior Planner, Staff, Alternate
Transportation Technical Advisory Sub-Committee – (Meetings held on 4th Monday* at 10:00 a.m.) City Engineer, Staff
Public Works Director, Staff, Alternate
Solid Waste and Recycling Technical Working Group – (Meetings are held quarterly on 2nd Monday at 3:00 p.m.)
Public Works Director, Staff
Environmental/Regulatory Program Manager, Staff, Alternate

Item 20.

City of Coachella Page 6
Committee Membership – 2024
JPA/ Coachella Valley Conservation Commission (CVCC) – (Meetings held on 2nd Thursday of each month at 11:00 a.m.) Dark each March, August, October and December.

Steven Hernandez, Mayor, Member
Dr. Frank Figueroa, Councilmember, Alternate
SUNLINE TRANSIT AGENCY – (Meetings are held on 4th Wednesday of each month at noon in the Board Room, 32505 Harry Oliver Trail, Thousand Palms)
Denise Delgado, Councilmember, Member
Dr. Frank Figueroa, Councilmember, Alternate
COACHELLA VALLEY MOSQUITO & VECTOR CONTROL DISTRICT BOARD – (Meetings are held every 2nd Tuesday of each month at 6:00 p.m. at the District's Ben Laflin Administration Building, 43-420 Trader Place, Indio. Trustees are appointed for a fixed term of either two (2) or four (4) years, Dr. Frank Figueroa, Councilmember (Term Expires January 2024) Public Works Director, Staff
PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION – (Meetings held on 3 rd Wednesday of each
month at 5:30 p.m. The City representative(s) may be council members, community members or staff.) Economic Development Director/Manager
Denise Delgado, Councilmember, Member (Term Expires June 30, 2024 RIVERSIDE COUNTY TRANSPORTATION COMMISSION – (Executive Meetings are held at 9:00 a.m. on the 2
nd Wednesday of each month; and the Budget and Implementation meetings are held at 9:30 a.m. on the 4th Monday of each month at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside. Video teleconferencing is available from La Quinta City Hall.

Steven Hernandez, Mayor, Member – Executive
Stephanie Virgen, Mayor Pro Tem, Member – Budget and Implementation City Engineer, Staff, TAC Member
Public Works Director, Staff, TAC Alternate
PUBLIC ENTITIES RISK MANAGEMENT AUTHORITY (PERMA) – (Meetings at the DoubleTree Resort 67-967 Vista Chino, Cathedral City. Held quarterly, 1st Thursday of last month of each quarter.) Human Resources Manager, Staff, Member
Finance Director, Staff, Alternate
ABANDONED VEHICLE AUTHORITY – (Meetings held quarterly. Date and location for next meeting are announced at each meeting. Locations hosted by different cities.) Finance Director, Member
Code Compliance Manager, Alternate

Item 20.

City of Coachella Page 7
Committee Membership – 2024
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS – Three assignments: 1) Community, Economic and Human Development Committee (CEHD) – (Meetings are held from 10 a.m. – 12:00 noon, followed by the 2) Regional Council (RC) from 12:15 – 2:00 p.m.) on the first Thursday of each month; and 3) Legislative/Communications and Membership Committee (LCMC) meets from 8:30 a.m. – 10:00 a.m. on the 3rd Tuesday of each month in Los Angeles at 818 W. 7th Street, 12th Floor; contact number is 213-236-1800).

Denise Delgado, Councilmember, Member
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS – General Assembly – (Meetings are held At least once every year (usually in April or May).

Denise Delgado, Councilmember, Voting Delegate
COACHELLA/INDIO WASTE TRANSFER STATION JOINT POWERS AUTHORITY – (Meetings held at as needed, at Coachella City Hall located at 1515 Sixth Street, Coachella.) Steve Hernandez, Mayor, Board Member
Dr. Frank Figueroa, Councilmember, Alternate
Public Works Director, Staff
WASTE MANAGEMENT CONTRACT AMENDMENT - AD HOC COMMITTEE – (Held as needed.) Stephanie Virgen, Mayor Pro Tem
Steven Hernandez, Mayor
NPDES TASK FORCE – (Meetings held first Wednesday of each month at 10 a.m.) Environmental/Regulatory Program Manager, Member
Sanitary Superintendent, Member
CHAMBER OF COMMERCE LIAISON – (Meetings held as needed) Neftali Galarza, Councilmember
Dr. Frank Figueroa, Councilmember
Assistant to the City Manager, Staff
Executive Assistant, Staff
JOINT WATER POLICY ADVISORY COMMITTEE MEETING – (As needed at CVWD’S Coachella office, 85-995 Avenue 52, Coachella, Rummonds Training Room.)
Steven Hernandez, Mayor, Member
Dr. Frank Figueroa, Councilmember, Alternate
Utilities Manager, Staff

Item 20.

City of Coachella Page 8
Committee Membership – 2024
COACHELLA VALLEY ANIMAL CAMPUS COMMISSION – (Meetings held on 1 st Thursday, every two
months at 9:30 a.m. at the Coachella Valley Animal Campus, 72-050 Pet Land Place, Thousand Palms, CA 92276 Denise Delgado, Councilmember, Member
Dr. Frank Figueroa, Alternate
City Manager, Staff
COACHELLA VALLEY ENERGY COMMISSION – (Meetings held at 4:00 p.m. on the second Thursday of each month. Meetings may be held at the IID Boardroom at its La Quinta Headquarters, 81-600 Avenue 58 La Quinta, or rotating at member agency locations. Commission members are appointed for one-year terms with no term limits, and must reside within the IID boundary area for the Coachella Valley. (New for 2021) Stephanie Virgen, Mayor Pro Tem, Member (Term Expires December 2024) UTILITY USERS CITIZENS OVERSIGHT COMMITTEE – (Meetings held at [time] on the [day] of each month. Meetings will be held at [location and address]
Member
Staff
COACHELLA VALLEY MOUNTAINS CONSERVANCY – (Meetings held at 3:00 p.m. on the 2nd Monday of January, March, May, July, September and November at Conference Room 115, 73-710 Fred Waring Drive, Palm Desert. Terms are for 2-years. Appointees must be either the Mayor or a Councilmember.) Denise Delgado, Councilmember, Member (Term Expires December 2024 – 2-year term) Dr. Frank Figueroa, Councilmember, Alternate
Development Services Director, Staff, non-member
VISIT GREATER PALM SPRINGS JOINT POWERS AUTHORITY – (Six (6) Meetings are held yearly on Fridays, 8:00 am to 10:30 am. [Locations and Dates TBD] Dr. Frank Figueroa, Member
Alternate: TBD

Item 20.

FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
Comment:

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13 1/16/2025
City of Coachella
City Council
Delia Granados, Deputy City Clerk
(760) 398-3502 [email protected]
Coachella Valley
Association of
Governments (CVAG)
Executive Committee
Hernandez, Steven
Galarza, Neftali 1 Year
125
■
Coachella Valley
Association of
Governments (CVAG)
Transportation Committee
Delgado, Denise
Galarza, Neftali 1 Year
100
■
Coachella Valley
Association of
Governments (CVAG)
Homelessness
Delgado, Denise
Figueroa, Frank 1 Year
100
■
Coachella Valley
Association of
Governments (CVAG)
Energy Environmental
Resource Committee
Virgen, Stephanie
Galarza, Neftali 1 Year
100
■
Delia Granados Deputy City Clerk 1/16/2025
Print Clear Page 589
Item 20.

FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
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Page _____ of _____ 23
City of Coachella
1/16/2025
Coachella Valley
Association of
Governments (CVAG)
Public Safety Committee
Figueroa, Frank
Delgado, Denise
1/24/2024
1 Year
100
■
Coachella Valley
Conservation Commission
(CVCC)
Hernandez, Steven
Figueroa, Frank
1/24/2024
1 Year
100
■
Sunline Transit Agency
1) Board
2) Finance Committee
3) Taxi Committee
4) Chairman Executive
Committee ($50x1)
Delgado, Denise
Figueroa, Frank
1/24/2024
1 Year
25 ■
Coachella Valley
Mosquito & Vector Control
District Board
Figueroa, Frank 1/24/2024
1 Year
100
■
Riverside County
Transportation
Commission (RCTC)
Hernandez, Steven
Virgen, Stephanie
1/24/2024
1 Year
120
■
Coachella/Indio Transfer
Joint Powers Authority Hernandez, Steven
Figueroa, Frank
1/24/2024
1 Year
50 ■
Print Clear Page 590
Item 20.

FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
A Public Document
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Length of Term
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Page _____ of _____ 33
City of Coachella
1/16/2025
Coachella Valley
Mountains Conservancy Delgado, Denise
Figueroa, Frank
1/24/2024
1 Year
75 ■
Southern California
Association of
Governments General
Assembly
Delgado, Denise 1/24/2024
1 Year
120
■
Palm Springs International
Airport Commission Delgado, Denise 1/24/2024
1 Year
75 ■
Print Clear Page 591
Item 20.

STAFF REPORT
2/26/2025
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Director of Economic Development
SUBJECT: Authorize the Façade Improvement Grant Program Award Recommendations in the Amount of $553,000 and Authorize the City Manager to Execute Grant Agreements with Property Owners Participating in the Program STAFF RECOMMENDATION:

Staff recommends that the City Council considers authorizing the Façade Improvement Grant Program award recommendations in the amount of $530,000 and authorize the City Manager to execute Grant Agreements with the property owners participating in the program.

BACKGROUND:

The Commercial Façade Improvement Grant Program (“Program”) is an endeavor of the City of Coachella to leverage public funds and private investment to enhance the physical appearance and economic vitality of commercial businesses in the Downtown Pueblo Viejo Area and the segments of Cesar Chavez Street between Sixth Street and Avenue 52 and Sixth Street between Cesar Chavez Street and Grapefruit Boulevard. The long‐term objective is to upgrade the Downtown Pueblo Viejo Area by improving the physical appearance of the area, encouraging the retention of existing businesses, increasing property values, tenant stability, and lease rates for the properties.

DISCUSSION/ANALYSIS:

The program received eight (8) applications from property owners requesting a total of $553,000 in this round. The program has a few more applicants who will submit their applications in the coming weeks.

Item 21.
# Business Name Business Address Request Estimated
Project Cost
1 Sooho Joe DDS Inc. 51807 Cesar Chavez Street, #102-
103
$5,000 $8,000
2 The Old Fashion Barber
Shop 51741 Cesar Chavez Street
$5,000 $7,000
3 Verde Valley Plaza 51615 – 51699 Cesar Chavez Street $43,000 $65,000 4 Meza Plaza 1697 Sixth Street $100,000 $425,000
5 Super Rancho Meat Market 1632 6th Street $100,000 $300,000 6 Lopes Hardware 1604 Sixth Street $100,000 $300,000
7 A&J Coachella Center 1014 6th Street $100,000 $350,000 8 51704 Harrison LLC 51704 Cesar Chavez Street $100,000 $385,000 TOTAL $553,000 $1,840,000
Project 1 – Sooho Joe DDS Inc.

Project 2 – The Old Fashion Barber Shop

Item 21.

Project 3 – Verde Valley Plaza
Project 4 – Meza Plaza
Project 5 – Super Rancho Meat Market

Item 21.

Project 6 – Lopes Hardware
Project 7 – A & J Coachella Center

Item 21.

Project 8 – 51704 Harrison LLC

FISCAL IMPACT
The City Council previously allocated a $1,000,000-dollar budget for implementing the Façade Improvement Program. Funding for future program years would be subject to City Council approval through the annual Budget process.

ALTERNATIVES

1. Authorize the Façade Improvement Grant Program Award Recommendations in the Amount of $553,000 and Authorize the City Manager to Execute Grant Agreements with Property Owners Participating in the Program

2. Do Not Authorize the Request
ATTACHMENTS:

1. Façade Improvement Grant Program – Grant Agreement (Mini Grant)

2. Façade Improvement Grant Program – Grant Agreement (Match Grant)

Item 21.

Insert Grantee Name Page 1
RECORDING REQUESTED BY:

WHEN RECORDED MAIL TO:

EXEMPT FROM RECORDING FEES CA GOV. CODE §27383 SPACE ABOVE THIS LINE FOR RECORDER’S USE COMMERCIAL CORRIDOR FAÇADE IMPROVEMENT GRANT PROGRAM

AGREEMENT

BETWEEN THE CITY OF COACHELLA AND

GRANTEE NAME
This Commercial Corridor Façade Improvement Grant Program Agreement (“Agreement”) is entered into this ____ day of _________________ (“Effective Date”), by and between the City of Coachella, a California municipal corporation (“City”), and Insert Grantee Name, located at Insert Business Address (“Grantee”). City and Grantee are at times individually referred to as “Party” and collectively as “Parties” herein.

RECITALS
A. City has established a Commercial Corridor Façade Improvement Grant Program (“Program”) for businesses the City of Coachella’s Downtown Pueblo Viejo District and the segments of Cesar Chavez Street between Avenue 52 and Sixth Street and Sixth Street between Cesar Chavez Street and Grapefruit Boulevard.

B. City has approved the Commercial Corridor Façade Improvement Grant Program Guidelines (“Program Guidelines”), attached hereto as Exhibit “A” and incorporated herein, governing the provision of grants under this Program.

C. Grantee is the owner or tenant of real property located at _____________, Coachella, California (“Property”), otherwise known as ________________ (building or business), as depicted in Exhibit “B,” Project Location, attached hereto and incorporated herein by reference.

D. The City shall provide a grant not to exceed $__________ for construction of the Improvements described in Exhibit “C”, Scope of Work and Schedule. All of Grantee’s agreements with contractors or vendors are found in Exhibit “D,” Contractor Agreements, attached hereto and incorporated herein by reference. Specific City requirements for Contractor Agreements are found in Exhibit “E,” Contractor Agreement Requirements, attached hereto and incorporated herein by reference.

Item 21.

Insert Grantee Name Page 2
E. The City has reviewed the application, the location of the Property, and the approvals, and has approved the Grant Application attached hereto as Exhibit “F,” and incorporated herein by reference.

NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, City agrees to grant to Grantee the amount of $_________and Grantee agrees to undertake the approved Improvements, under the following terms and conditions:

1. GRANT

1.1. Grant Amount. City hereby grants funds in the amount not to exceed XXX Dollars ($) (“Grant Funds”) to Grantee for construction of the Improvements described in Exhibits “C” and “D.”

1.2. Contract Requirements. Within ten (10) calendar days of the Effective Date, Grantee shall provide to City:
a. Taxpayer Identification Number and Certification, Form W-9 (Rev. 2024, as issued by the Internal Revenue Service).
b. Proof of Insurance.
c. Grant Deed, Proof of Ownership, or Lease Agreement. If tenant, an affidavit from the owner approving the proposed Improvements.
d. Copy of a Valid City Business License.
e. Copy of Current Property Tax Bill (Showing Paid).
f. Mailing address for notification.
g. Proof that a valid contractor will perform the work (such proof shall include applicable licenses necessary for the work, proof of contractor’s insurance, and contractor’s City Business License).

1.3. Method of Payment. The Grant Funds shall be disbursed to Grantee in a lump sum payment on a date that is after all Improvements are completed, inspected, and approved by the City (“Disbursement Date”). The Grant Funds shall be payable to Grantee as reimbursement for actual costs incurred, based on the documentation submitted to the City in accordance with subsection 1.4, as set forth below. Any expenditure(s) by Grantee which exceed the Grant Funds shall be the sole responsibility of Grantee. Grantee is responsible for direct payment to all vendors, contractors, mechanics, and suppliers utilized with respect to the Improvements.

1.4. Disbursement Requirements. Prior to disbursing the Grant Funds, Grantee shall provide the following to the City so that the reimbursement may be processed:
a. Copy of the recorded notice of completion (as defined by California Civil Code section 3093) with respect to the Improvements.

Item 21.

Insert Grantee Name Page 3
b. Copies of all billings, invoices, and other documents satisfactory to City evidencing the final costs of the Improvements.

2. TERM
The term of this Agreement shall commence on the Effective Date and shall continue in full force and effect for five (5) years, unless City terminates this Agreement or any portion thereof at an earlier date as provided herein. Notwithstanding the foregoing, certain obligations shall survive the termination of this agreement, as provided herein.

3. GRANTEE OBLIGATIONS

3.1. Use of Grant Funds. The Grant Funds shall be used exclusively for the purposes described in Exhibits “C,” Scope of Work and Schedule, and “D,” Contractor Agreements, unless otherwise approved by the City in writing.

3.2. Schedule. The Parties agree that all Improvements shall be completed according to the Schedule in Exhibit “C.” The Improvements must be completed within 12 months of building permit issuance.

3.3. Representations and Warranties. Grantee hereby represents and warrants to the City that Grantee has read and is familiar with all of the terms, conditions, and provisions of the Program Guidelines, and based thereon, Grantee represents and warrants that Grantee meets the eligibility criteria and qualifies to receive the Grant Funds under the Program Guidelines, and Grantee’s Application and all information is submitted in connection therewith is true, correct, and accurate.

3.4.Compliance with Law. Grantee shall comply with all applicable federal, state, or local ordinances, resolutions, statutes, rules, and regulations, as the same may be amended from time to time.

3.5.Licenses, Permits, Fees and Assessments. Grantee shall obtain, at its sole cost and expense, such licenses, permits and approvals as may be required for the lawful operation of Grantee’s business, and as may be required for use of Grant Funds.

3.6.Documentation and Audit Requirements. Grantee shall maintain and ensure its contractor maintains true, proper, and complete documentation that evidences Grantee’s and/or contractor’s expenditures for approved uses of Grant Funds (“Records”) through December 31, 2030. The Grantee shall make available to the City such Records within ten (10) calendar days of the City’s request. The Grantee shall use its best efforts to cooperate, promptly, in any audit by any agency or entity, including an audit by the City. This subsection shall survive the termination or expiration of this Agreement.

3.7. No Conflict of Interest. Grantee, by accepting the Grant Funds, affirms that Grantee, its officers, or employees neither are employed by the City nor does Grantee, its officers, or employees serve on any City board or commission or otherwise have a fiduciary duty to the City that is a conflict of interest, a potential conflict of interest or creates the appearance of impropriety.

Item 21.

Insert Grantee Name Page 4

3.8. Maintenance. Grantee agrees and covenants that, after the City issues its Certificate of Occupancy, Grantee shall be responsible for maintenance of the Improvements and all other improvements that may exist at the Property from time to time, including without limitation buildings, parking lots, lighting, signs, and walls in first-class condition and repair, and shall keep the Property free from any accumulation of debris or waste materials. Grantee shall also maintain all landscaping required pursuant to Property’s approved landscaping plan, if any, in a healthy condition, including replacement of any dead or diseased plants with plants of a maturity similar to those being replaced. Grantee hereby waives any notice, public hearing, and other requirements of the public nuisance laws and ordinances of the City that would otherwise apply.

4. CONTRACTOR

4.1. All work shall be completed by contractors and subcontractors licensed by the State of California.

4.2. Grantee shall provide City with at least three (3) written bids for the construction of the Improvements.

4.3. Any contract between Grantee and the selected contractor or contractors (collectively, the “Contractor”) for the Improvements, including use of the Contractor identified in such contract, must be approved by City prior to its execution by Grantee. (“Contractor Agreement”). City shall approve any Contractor Agreement that contains all of the required provisions shown on the attached Exhibit “E”. Subsequent to City’s approval of Contractor and Contractor Agreement, Grantee may change or add contractors but only with the prior written approval of the City Manager.

4.4. Grantee is solely responsible for: (i) all of Grantee’s obligations under Grantee’s contract with the Contractor; and (ii) the enforcement of Contractor’s obligations under the Grantee-Contractor Agreement.

4.5. Grantee shall deliver a copy of the fully executed Contractor Agreement(s) to City within thirty (30) calendar days following Grantee’s submittal of the bids referenced in this Section 4.

5. INDEMNIFICATION

5.1. To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the “Indemnified Parties”) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, “Claims”), which may arise from or in any manner relate (directly or indirectly) to misrepresentations by Grantee, the expenditure of Grant Funds, the Application, or the Agreement (including the negligent and/or willful acts, errors and/or omissions of the Grantee, its principals, officers, agents, employees, vendors, suppliers,

Item 21.

Insert Grantee Name Page 5
consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them).

5.2. Notwithstanding the foregoing, nothing herein shall be construed to require Grantee to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney’s fees in any action on or to enforce the terms set forth in the Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Grantee.

6. GRANTEE INDEPENDENCE
In the performance of this Agreement, the Grantee, its agents, and employees shall act in an independent capacity and shall not be considered officers, agents, or employees of the City.

The manner and means of performing under this Agreement are under the control of the Grantee, except to the extent they are limited by state, local, or federal law, and this Agreement.

Nothing in this Agreement shall be deemed to constitute approval for the Grantee, or any of the Grantee’s employees or agents, to be the agents or employees of City. The Grantee shall have the responsibility for and control over the means of performance under this Agreement, provided that the Grantee is in compliance with the terms of this Agreement.

7. NOTICES

7.1. All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided.

7.2. All notices, demands, requests or approvals from Grantee to City shall be addressed to the City at:

Attn: [***INSERT NAME***]
City of Coachella
53990 Enterprise Way,
Coachella, CA 92236

7.3. All notices, demands, requests or approvals from City to Grantee shall be addressed to Grantee at:

Attn: Name of Business Owner
Grantee Business Name
Grantee Address Line 1
Grantee Address Line 2

8. VIOLATIONS AND TERMINATION

8.1. Effect of Violations. If the City discovers that the Grantee has breached any part of this Agreement or made a material misrepresentation, or otherwise falsified its application or

Item 21.

Insert Grantee Name Page 6
any document provided to City to support the Grantee’s application or a reimbursement, or the Grantee has misused the Grant Funds or used them for an ineligible expenditure, the Grantee shall pay an amount equal to the entirety of the Grant Funds to the City within ten (10) calendar days of the City’s written notice. The City’s decision shall be final.

Additionally, the City shall have all other remedies besides the remedy provided herein to enforce this Agreement and its Program.

8.2. Specific Performance. Grantee agrees that the City has the legal right, and all necessary conditions have been satisfied, to specifically enforce Grantee’s obligations pursuant to this Agreement.

8.3. Termination. Notwithstanding anything to the contrary herein, the City shall have the right to terminate the Agreement immediately, with or without cause, at any time, by providing written notice to the Grantee. Upon termination, the City shall have no further obligation to provide any Grant Funds. The City has the sole and absolute discretion to terminate the Grant Funds or any portion thereof at any time.

9. PREVAILING WAGES, HOLD HARMLESS, AND DEFEND
Grantee agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. (“Prevailing Wage Laws”). The work to be completed under this Agreement is subject to the Prevailing Wage Laws. Grantee shall bear all risks of payment or non-payment of prevailing wages under California law, and Grantee hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

10. STANDARD PROVISIONS

10.1. Recitals. City and Grantee acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement.

10.2. Compliance With all Laws. Grantee shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted.

10.3. Prohibition Against Transfer. The Grantee shall not assign, sublease, hypothecate, or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise, without prior written consent of the City. Any attempt to do so without written consent of the City shall be null and void.

The Grantee shall be required to reimburse the City within thirty (30) calendar days for any unauthorized assignment, sublease, hypothecation, or transfer of funds. This prohibition against transfers shall survive the expiration or termination of this Agreement.

10.4. Waiver. A waiver by either Party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.

Item 21.

Insert Grantee Name Page 7

10.5. Integrated Agreement. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein.

10.6. Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Grant Application, the terms of this Agreement shall govern.

10.7. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply.

10.8. Amendment. This Agreement may be modified or amended only by a written document executed by both the Grantee and City and approved as to form by the City Attorney.

10.9. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

10.10. Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and repayment obligations, shall survive any such expiration or termination.

10.11. Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Riverside, State of California.

10.12. Equal Opportunity Employment. Grantee represents that it is an equal opportunity employer, and it shall not discriminate against any contractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age or any other impermissible basis under law.

10.13. Attorney’s Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall be entitled to attorney’s fees.

10.14. Taxes. The City and Grantee expressly agree that the Grantee shall be responsible for all taxes that are associated in any way to the Application of the Grant Funds.

10.15. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date first written above.

CITY OF COACHELLA
APPROVED BY:

Bill Pattison
Acting City Manager
ATTESTED BY:

Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
GRANTEE:
[***INSERT GRANTEE NAME***]
Signature
Name
Title
[END OF SIGNATURES]

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EXHIBIT “A”

PROGRAM GUIDELINES
[ATTACHED]

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EXHIBIT “B”

PROJECT LOCATION
[ATTACHED]

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EXHIBIT “C”

SCOPE OF WORK AND SCHEDULE
[ATTACHED]

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EXHIBIT “D”

CONTRACTOR AGREEMENTS

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EXHIBIT “E”

CONTRACTOR AGREEMENT REQUIREMENTS
All proposed contracts for the construction of the Improvements shall:

1. Identify the Improvements to be completed by Contractor and list all documents that describe the required work such as, but not limited to, drawings, specifications and negotiated changes to any of such documents.

2. List the Contractor’s California State Contractor’s License Number and the name and California State Contractor’s License Number of each proposed subcontractor.

3. State the complete contract price for the work.

4. Include the following prevailing wage compliance provision, if applicable:

Grantee and Contractor recognize that Grantee has received public funds for the construction of the Improvements, making it a public work to which section 1771 of the Labor Code applies. Contractor shall pay or cause to be paid prevailing wages for all Improvements.

For the purpose of the construction contract(s), Prevailing Wages are the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute this Agreement as ascertained by the Director of the Department of Industrial Relations of the State of California. The Prevailing Rate Schedules shall be made available to any interested party on request. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification or type of worker employed on the Improvements.

Contractor shall post the Prevailing Rate Schedule at the Property. Contractor shall comply with the payroll records requirements concerning apprentices and shall be responsible for causing all of Contractor’s subcontractors to comply with these requirements and provisions.

The Contractor and each subcontractor shall keep an accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by the Contractor or subcontractor in connection with the project. The payroll records shall be kept in accordance with the provisions of Section 1776 of the California Labor Code, and Contractor and each subcontractor shall otherwise comply with all requirements of such Section 1776.

5. Include the following indemnification provision:

To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City of Coachella, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the “Indemnified Parties”) from and against any and

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all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, “Claims”), which may arise from or in any manner relate (directly or indirectly) from this Agreement, including without limitation with regard to the construction work and/or Improvements including the negligent and/or willful acts, errors and/or omissions of the Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them.

Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney’s fees in any action on or to enforce the terms set forth in the Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor.

6. Include a Schedule of Performance and a completion date for all work.

7. Require that a conditional lien release in the form of a Conditional Waiver and Release Upon Progress Payment and a full lien release in the form of a Conditional Waiver and Release Upon Final Payment be submitted with requests for payment progress payments and the final payment respectively.

8. Include liquidated damages for unexcused delay in performance by the Contractor which shall be deducted from the Contractor’s payment under the contract. The liquidated damages for each day of unexcused delay in performance shall equal $100.

9. Require insurance and attach certificate of insurance meeting the following requirements, and completed W-9 form.

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor’s bid.

9.1 Minimum Scope of Insurance. Coverage shall be at least as broad as:

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(a) Insurance Services Office Commercial General Liability coverage (“occurrence” form CG 0001), including Products and Completed Operations, and X, C, U (Explosion, Collapse & Underground) coverage.
(b) Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 “any auto”, or code 2 “owned autos” and endorsement CA 0025. Coverage also to include code 8 “hired autos” and code 9 “nonowned autos.” (c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.

9.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(a) Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit, coverage shall also include $100,000 Fire Legal Liability. (b) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.
(c) Workers’ Compensation and Employers Liability: Workers’ Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.

EXCEPTION: If, however, the Contractor does not have any employees and does not wish to cover himself or herself for WORKERS’ COMPENSATION, the Contractor shall sign the following statement as well as the contract itself to affect a fully initiated contract:

I, as the herein designated Contractor, do not have, nor intend to have for the full term of this Agreement, any employees.

Furthermore, I do not wish to obtain or be covered under any Workers’ Compensation insurance coverage and, therefore, am signing this statement in lieu of providing the above required Workers’ Compensation coverage.

9.3 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, and its officials, employees, agents and contractors; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by the City.

9.4 Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions:
(a) General Liability and Automobile Liability Coverage.

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(i) The City of Coachella, its officials, employees, agents and contractors are to be covered as additional insureds as respects: liability arising out of activities performed by, or on behalf of, the Contractor; products and completed operations of the Contractor; premises owned, leased or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents and contractors. (ii) The Contractor’s insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and contractors. Any insurance or self-insurance maintained by the City, its officials, employees, agents or contractors shall be excess of the Contractor’s insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents, or contractors. (iv) Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(b) All Coverage. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days’ prior written notice has been given to the City.

9.5 Acceptability of Insurers. Insurance is to be placed with insurers acceptable to the City’s Risk Manager.

9.6 Verification of Coverage. Contractor shall furnish City with certificates of insurance and with original endorsements affecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

Proof of insurance, including endorsements, shall be mailed to the following address:

City of Coachella
Attn: [***INSERT NAME***]
53990 Enterprise Way,
Coachella, CA 92236

9.7 Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor.

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EXHIBIT “F”

GRANT APPLICATION

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RECORDING REQUESTED BY:

WHEN RECORDED MAIL TO:

EXEMPT FROM RECORDING FEES CA GOV. CODE §27383 SPACE ABOVE THIS LINE FOR RECORDER’S USE COMMERCIAL CORRIDOR FAÇADE IMPROVEMENT GRANT PROGRAM

AGREEMENT

BETWEEN THE CITY OF COACHELLA AND

GRANTEE NAME
This Commercial Corridor Façade Improvement Grant Program Agreement (“Agreement”) is entered into this ____ day of _________________ (“Effective Date”), by and between the City of Coachella, a California municipal corporation (“City”), and Insert Grantee Name, located at Insert Business Address (“Grantee”). City and Grantee are at times individually referred to as “Party” and collectively as “Parties” herein.

RECITALS
A. City has established a Commercial Corridor Façade Improvement Grant Program (“Program”) for businesses the City of Coachella’s Downtown Pueblo Viejo District and the segments of Cesar Chavez Street between Avenue 52 and Sixth Street and Sixth Street between Cesar Chavez Street and Grapefruit Boulevard.

B. City has approved the Commercial Corridor Façade Improvement Grant Program Guidelines (“Program Guidelines”), attached hereto as Exhibit “A” and incorporated herein, governing the provision of grants under this Program.

C. Grantee is the owner or tenant of real property located at _____________, Coachella, California (“Property”), otherwise known as ________________ (building or business), as depicted in Exhibit “B,” Project Location, attached hereto and incorporated herein by reference.

D. The City shall provide a matching grant not to exceed $__________, representing twothirds of eligible project costs (“Grant Funds”) with a one-third match contribution from the Grantee. The grant shall represent two-thirds of the amount of the actual approved expenditure for the Improvements described in Exhibit “C”, Scope of Work and Schedule.

All of Grantee’s agreements with contractors or vendors are found in Exhibit “D,” Contractor Agreements, attached hereto and incorporated herein by reference. Specific City requirements for Contractor Agreements are found in Exhibit “E,” Contractor

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Agreement Requirements, attached hereto and incorporated herein by reference.

E. The City has reviewed the application, the evidence of financial participation by Grantee, the location of the Property, and the approvals, and has approved the Grant Application attached hereto as Exhibit “F,” and incorporated herein by reference.

NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, City agrees to grant to Grantee the amount of $_________and Grantee agrees to undertake the approved Improvements, under the following terms and conditions:

1. GRANT

1.1. Grant Amount. City hereby grants funds in the amount not to exceed XXX Dollars ($) (“Grant Funds”) to Grantee, representing two-thirds of the total amount of the actual approved expenditure for the Improvements described in Exhibits “C” and “D,” with the remaining one-third of the total amount being paid for by Grantee.

1.2. Contract Requirements. Within ten (10) calendar days of the Effective Date, Grantee shall provide to City:
a. Taxpayer Identification Number and Certification, Form W-9 (Rev. 2024, as issued by the Internal Revenue Service).
b. Proof of Insurance.
c. Grant Deed, Proof of Ownership, or Lease Agreement. If tenant, an affidavit from the owner approving the proposed Improvements.
d. Copy of a Valid City Business License.
e. Copy of Current Property Tax Bill (Showing Paid).
f. Mailing address for notification.
g. Proof that a valid contractor will perform the work (such proof shall include applicable licenses necessary for the work, proof of contractor’s insurance, and contractor’s City Business License).

1.3. Method of Payment. The Grant Funds shall be disbursed to Grantee in a lump sum payment on a date that is after all Improvements are completed, inspected, and approved by the City (“Disbursement Date”). The Grant Funds shall be payable to Grantee as reimbursement for actual costs incurred, based on the documentation submitted to the City in accordance with subsection 1.4, as set forth below. Any expenditure(s) by Grantee which exceed the Grant Funds shall be the sole responsibility of Grantee. Grantee is responsible for direct payment to all vendors, contractors, mechanics, and suppliers utilized with respect to the Improvements.

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1.4. Disbursement Requirements. Prior to disbursing the Grant Funds, Grantee shall provide the following to the City so that the reimbursement may be processed:
a. Copy of the recorded notice of completion (as defined by California Civil Code section 3093) with respect to the Improvements.
b. Copies of all billings, invoices, and other documents satisfactory to City evidencing the final costs of the Improvements.

2. TERM
The term of this Agreement shall commence on the Effective Date and shall continue in full force and effect for five (5) years, unless City terminates this Agreement or any portion thereof at an earlier date as provided herein. Notwithstanding the foregoing, certain obligations shall survive the termination of this agreement, as provided herein.

3. GRANTEE OBLIGATIONS

3.1. Use of Grant Funds. The Grant Funds shall be used exclusively for the purposes described in Exhibits “C,” Scope of Work and Schedule, and “D,” Contractor Agreements, unless otherwise approved by the City in writing.

3.2. Schedule. The Parties agree that all Improvements shall be completed according to the Schedule in Exhibit “C.” The Improvements must be completed within 18 months of building permit issuance.

3.3. Representations and Warranties. Grantee hereby represents and warrants to the City that Grantee has read and is familiar with all of the terms, conditions, and provisions of the Program Guidelines, and based thereon, Grantee represents and warrants that Grantee meets the eligibility criteria and qualifies to receive the Grant Funds under the Program Guidelines, and Grantee’s Application and all information is submitted in connection therewith is true, correct, and accurate.

3.4.Compliance with Law. Grantee shall comply with all applicable federal, state, or local ordinances, resolutions, statutes, rules, and regulations, as the same may be amended from time to time.

3.5.Licenses, Permits, Fees and Assessments. Grantee shall obtain, at its sole cost and expense, such licenses, permits and approvals as may be required for the lawful operation of Grantee’s business, and as may be required for use of Grant Funds.

3.6.Documentation and Audit Requirements. Grantee shall maintain and ensure its contractor maintains true, proper, and complete documentation that evidences Grantee’s and/or contractor’s expenditures for approved uses of Grant Funds (“Records”) through December 31, 2030. The Grantee shall make available to the City such Records within ten (10) calendar days of the City’s request. The Grantee shall use its best efforts to cooperate, promptly, in any audit by any agency or entity, including an audit by the City. This subsection shall survive the termination or expiration of this Agreement.

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3.7. No Conflict of Interest. Grantee, by accepting the Grant Funds, affirms that Grantee, its officers, or employees neither are employed by the City nor does Grantee, its officers, or employees serve on any City board or commission or otherwise have a fiduciary duty to the City that is a conflict of interest, a potential conflict of interest or creates the appearance of impropriety.

3.8. Maintenance. Grantee agrees and covenants that, after the City issues its Certificate of Occupancy, Grantee shall be responsible for maintenance of the Improvements and all other improvements that may exist at the Property from time to time, including without limitation buildings, parking lots, lighting, signs, and walls in first-class condition and repair, and shall keep the Property free from any accumulation of debris or waste materials. Grantee shall also maintain all landscaping required pursuant to Property’s approved landscaping plan, if any, in a healthy condition, including replacement of any dead or diseased plants with plants of a maturity similar to those being replaced. Grantee hereby waives any notice, public hearing, and other requirements of the public nuisance laws and ordinances of the City that would otherwise apply.

4. CONTRACTOR

4.1. All work shall be completed by contractors and subcontractors licensed by the State of California.

4.2. Grantee shall provide City with at least three (3) written bids for the construction of the Improvements.

4.3. Any contract between Grantee and the selected contractor or contractors (collectively, the “Contractor”) for the Improvements, including use of the Contractor identified in such contract, must be approved by City prior to its execution by Grantee. (“Contractor Agreement”). City shall approve any Contractor Agreement that contains all of the required provisions shown on the attached Exhibit “E”. Subsequent to City’s approval of Contractor and Contractor Agreement, Grantee may change or add contractors but only with the prior written approval of the City Manager.

4.4. Grantee is solely responsible for: (i) all of Grantee’s obligations under Grantee’s contract with the Contractor; and (ii) the enforcement of Contractor’s obligations under the Grantee-Contractor Agreement.

4.5. Grantee shall deliver a copy of the fully executed Contractor Agreement(s) to City within thirty (30) calendar days following Grantee’s submittal of the bids referenced in this Section 4.

5. INDEMNIFICATION

5.1. To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the “Indemnified Parties”) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney’s fees,

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disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, “Claims”), which may arise from or in any manner relate (directly or indirectly) to misrepresentations by Grantee, the expenditure of Grant Funds, the Application, or the Agreement (including the negligent and/or willful acts, errors and/or omissions of the Grantee, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them).

5.2. Notwithstanding the foregoing, nothing herein shall be construed to require Grantee to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney’s fees in any action on or to enforce the terms set forth in the Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Grantee.

6. GRANTEE INDEPENDENCE
In the performance of this Agreement, the Grantee, its agents, and employees shall act in an independent capacity and shall not be considered officers, agents, or employees of the City.

The manner and means of performing under this Agreement are under the control of the Grantee, except to the extent they are limited by state, local, or federal law, and this Agreement.

Nothing in this Agreement shall be deemed to constitute approval for the Grantee, or any of the Grantee’s employees or agents, to be the agents or employees of City. The Grantee shall have the responsibility for and control over the means of performance under this Agreement, provided that the Grantee is in compliance with the terms of this Agreement.

7. NOTICES

7.1. All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided.

7.2. All notices, demands, requests or approvals from Grantee to City shall be addressed to the City at:

Attn: [***INSERT NAME***]
City of Coachella
53990 Enterprise Way,
Coachella, CA 92236

7.3. All notices, demands, requests or approvals from City to Grantee shall be addressed to Grantee at:

Attn: Name of Business Owner
Grantee Business Name
Grantee Address Line 1

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Grantee Address Line 2

8. VIOLATIONS AND TERMINATION

8.1. Effect of Violations. If the City discovers that the Grantee has breached any part of this Agreement or made a material misrepresentation, or otherwise falsified its application or any document provided to City to support the Grantee’s application or a reimbursement, or the Grantee has misused the Grant Funds or used them for an ineligible expenditure, the Grantee shall pay an amount equal to the entirety of the Grant Funds to the City within ten (10) calendar days of the City’s written notice. The City’s decision shall be final.

Additionally, the City shall have all other remedies besides the remedy provided herein to enforce this Agreement and its Program.

8.2. Specific Performance. Grantee agrees that the City has the legal right, and all necessary conditions have been satisfied, to specifically enforce Grantee’s obligations pursuant to this Agreement.

8.3. Termination. Notwithstanding anything to the contrary herein, the City shall have the right to terminate the Agreement immediately, with or without cause, at any time, by providing written notice to the Grantee. Upon termination, the City shall have no further obligation to provide any Grant Funds. The City has the sole and absolute discretion to terminate the Grant Funds or any portion thereof at any time.

9. PREVAILING WAGES, HOLD HARMLESS, AND DEFEND
Grantee agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. (“Prevailing Wage Laws”). The work to be completed under this Agreement is subject to the Prevailing Wage Laws. Grantee shall bear all risks of payment or non-payment of prevailing wages under California law, and Grantee hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

10. STANDARD PROVISIONS

10.1. Recitals. City and Grantee acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement.

10.2. Compliance With all Laws. Grantee shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted.

10.3. Prohibition Against Transfer. The Grantee shall not assign, sublease, hypothecate, or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise, without prior written consent of the City. Any attempt to do so without written consent of the City shall be null and void.

The Grantee shall be required to reimburse the City within thirty (30) calendar days for any unauthorized assignment, sublease, hypothecation, or transfer of funds. This prohibition against transfers shall survive the expiration or termination of this Agreement.

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10.4. Waiver. A waiver by either Party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.

10.5. Integrated Agreement. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein.

10.6. Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Grant Application, the terms of this Agreement shall govern.

10.7. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply.

10.8. Amendment. This Agreement may be modified or amended only by a written document executed by both the Grantee and City and approved as to form by the City Attorney.

10.9. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

10.10. Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and repayment obligations, shall survive any such expiration or termination.

10.11. Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Riverside, State of California.

10.12. Equal Opportunity Employment. Grantee represents that it is an equal opportunity employer, and it shall not discriminate against any contractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age or any other impermissible basis under law.

10.13. Attorney’s Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall be entitled to attorney’s fees.

10.14. Taxes. The City and Grantee expressly agree that the Grantee shall be responsible for all taxes that are associated in any way to the Application of the Grant Funds.

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10.15. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
[SIGNATURES ON NEXT PAGE]

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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date first written above.

CITY OF COACHELLA
APPROVED BY:

Bill Pattison
Acting City Manager
ATTESTED BY:

Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
GRANTEE:
[***INSERT GRANTEE NAME***]
Signature
Name
Title
[END OF SIGNATURES]

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EXHIBIT “A”

PROGRAM GUIDELINES
[ATTACHED]

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EXHIBIT “B”

PROJECT LOCATION
[ATTACHED]

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EXHIBIT “C”

SCOPE OF WORK AND SCHEDULE
[ATTACHED]

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EXHIBIT “D”

CONTRACTOR AGREEMENTS

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EXHIBIT “E”

CONTRACTOR AGREEMENT REQUIREMENTS
All proposed contracts for the construction of the Improvements shall:

1. Identify the Improvements to be completed by Contractor and list all documents that describe the required work such as, but not limited to, drawings, specifications and negotiated changes to any of such documents.

2. List the Contractor’s California State Contractor’s License Number and the name and California State Contractor’s License Number of each proposed subcontractor.

3. State the complete contract price for the work.

4. Include the following prevailing wage compliance provision, if applicable:

Grantee and Contractor recognize that Grantee has received public funds for the construction of the Improvements, making it a public work to which section 1771 of the Labor Code applies. Contractor shall pay or cause to be paid prevailing wages for all Improvements.

For the purpose of the construction contract(s), Prevailing Wages are the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute this Agreement as ascertained by the Director of the Department of Industrial Relations of the State of California. The Prevailing Rate Schedules shall be made available to any interested party on request. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification or type of worker employed on the Improvements.

Contractor shall post the Prevailing Rate Schedule at the Property. Contractor shall comply with the payroll records requirements concerning apprentices and shall be responsible for causing all of Contractor’s subcontractors to comply with these requirements and provisions.

The Contractor and each subcontractor shall keep an accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by the Contractor or subcontractor in connection with the project. The payroll records shall be kept in accordance with the provisions of Section 1776 of the California Labor Code, and Contractor and each subcontractor shall otherwise comply with all requirements of such Section 1776.

5. Include the following indemnification provision:

To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City of Coachella, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the “Indemnified Parties”) from and against any and

Item 21.

Insert Grantee Name Page 15
all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, “Claims”), which may arise from or in any manner relate (directly or indirectly) from this Agreement, including without limitation with regard to the construction work and/or Improvements including the negligent and/or willful acts, errors and/or omissions of the Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them.

Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney’s fees in any action on or to enforce the terms set forth in the Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor.

6. Include a Schedule of Performance and a completion date for all work.

7. Require that a conditional lien release in the form of a Conditional Waiver and Release Upon Progress Payment and a full lien release in the form of a Conditional Waiver and Release Upon Final Payment be submitted with requests for payment progress payments and the final payment respectively.

8. Include liquidated damages for unexcused delay in performance by the Contractor which shall be deducted from the Contractor’s payment under the contract. The liquidated damages for each day of unexcused delay in performance shall equal $100.

9. Require insurance and attach certificate of insurance meeting the following requirements, and completed W-9 form.

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor’s bid.

9.1 Minimum Scope of Insurance. Coverage shall be at least as broad as:

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Insert Grantee Name Page 16
(a) Insurance Services Office Commercial General Liability coverage (“occurrence” form CG 0001), including Products and Completed Operations, and X, C, U (Explosion, Collapse & Underground) coverage.
(b) Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 “any auto”, or code 2 “owned autos” and endorsement CA 0025. Coverage also to include code 8 “hired autos” and code 9 “nonowned autos.” (c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.

9.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(a) Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit, coverage shall also include $100,000 Fire Legal Liability. (b) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.
(c) Workers’ Compensation and Employers Liability: Workers’ Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.

EXCEPTION: If, however, the Contractor does not have any employees and does not wish to cover himself or herself for WORKERS’ COMPENSATION, the Contractor shall sign the following statement as well as the contract itself to affect a fully initiated contract:

I, as the herein designated Contractor, do not have, nor intend to have for the full term of this Agreement, any employees.

Furthermore, I do not wish to obtain or be covered under any Workers’ Compensation insurance coverage and, therefore, am signing this statement in lieu of providing the above required Workers’ Compensation coverage.

9.3 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, and its officials, employees, agents and contractors; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by the City.

9.4 Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions:
(a) General Liability and Automobile Liability Coverage.

Item 21.

Insert Grantee Name Page 17
(i) The City of Coachella, its officials, employees, agents and contractors are to be covered as additional insureds as respects: liability arising out of activities performed by, or on behalf of, the Contractor; products and completed operations of the Contractor; premises owned, leased or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents and contractors. (ii) The Contractor’s insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and contractors. Any insurance or self-insurance maintained by the City, its officials, employees, agents or contractors shall be excess of the Contractor’s insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents, or contractors. (iv) Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(b) All Coverage. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days’ prior written notice has been given to the City.

9.5 Acceptability of Insurers. Insurance is to be placed with insurers acceptable to the City’s Risk Manager.

9.6 Verification of Coverage. Contractor shall furnish City with certificates of insurance and with original endorsements affecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

Proof of insurance, including endorsements, shall be mailed to the following address:

City of Coachella
Attn: [***INSERT NAME***]
53990 Enterprise Way,
Coachella, CA 92236

9.7 Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor.

Item 21.

Insert Grantee Name Page 18
EXHIBIT “F”

GRANT APPLICATION

Item 21.

STAFF REPORT
2/26/2025
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Director of Economic Development
SUBJECT: Adopt Urgency Ordinance No. 1221 and Introduce Ordinance No. 1222 Enacting Updated Regulations for Short-Term Vacation Rentals in the City of Coachella.

STAFF RECOMMENDATION:

Staff recommends that the City Council take the following actions with respect to regulating short term vacation rental in the City:

1.) Adopt Urgency Ordinance No. 1221, which would go into effect immediately; and

2.) Introduce and waive further reading of standard Ordinance No. 1222, which would be returned to the Council at a future meeting for adoption.

BACKGROUND:

At its November 29, 2023 meeting, the City’s Planning Commission discussed various policy issues regarding short-term vacation rentals in the City and potential amendments to the City’s short-term vacation rental regulations. Those recommendations were forwarded on to the City Council.

At the July 10, 2024 Study Session, the City Council discussed policy issues and potential amendments to the City’s short-term vacation rental regulations and directed staff to return with an ordinance providing updates to those regulations.

DISCUSSION/ANALYSIS:

Per the Council’s direction, staff has drafted the attached ordinances for their consideration. Many of the amendments are simply technical updates to clarify existing terms. The principal policy amendments in these ordinances are summarized as follows:
▪ Adding clear definitions for “agents”, “hosting platforms” and “responsible parties” who are renting a short-term vacation rental.

Item 22.
▪ Clarifying that an individual room or rooms of a residence (and not necessarily the entire residence) can be short-term rented. However, porches, canopies, tents, “pop-ups” or other structures that are not a legal “dwelling unit” cannot be individually short-term rented.
▪ Creating two types of short-term vacation rental permit: One is the standard “annual” permit that is good throughout the year. The other is a “seasonal” permit that allows short-term vacation rentals from March 1 through June 1 if the rental is the owner’s primary residence. This is intended to provide a simpler and lower cost option for owners who only rent their own homes during “Festival Season”.

Corporate/absentee owners and those owners who wish to rent their primary residence at any time other than March 1 through June 1 would be required to secure an “annual” permit to allow short-term vacation rental. ▪ Providing that no owner may hold more than five permits (“annual” or “seasonal”) at any one time. Special rules are included to address corporate/business owners.

In essence, if a business already holds five permits and then forms a new business entity that is owned, controlled or affiliated with the permit holding business, that new business entity will not be eligible to obtain additional permits. It’s a collective five permit limit.
▪ Setting a limit on the number of “annual” permits that may be issued in any one neighborhood. Provides that “annual” permits cannot be issued within a particular neighborhood if 20% or more of the residential dwelling units within that neighborhood already have an issued “annual” permit. A particular “neighborhood” is defined as the area identified in the neighborhood’s final recorded subdivision map or, if there is no such map, according to the City’s official neighborhood map. This is intended to limit the proliferation of business/absentee owner permits issued in any particular neighborhood. On the other hand, to provide grace to those owners who only seek to rent out their primary residence during “Festival Season”, this 20% limit would not apply to “seasonal” permits. At present, La Colonia is the only neighborhood where the 20% limit would apply (currently at 26%). Four other neighborhoods are near the limit: Tierra del Sol (17%) Las Plumas (16%), Valencia (16%) and Sevilla (15%). All other neighborhoods are at 9% or less.
▪ Requiring the owner to sign a hold harmless/indemnity agreement with the City and to secure at least $1,000,000 general liability insurance to cover situations where someone may sue the city arising out of activities occurring at a short-term vacation rental.
▪ Provides that if there is a change in ownership of a short-term vacation rental, the existing permit automatically expires and the new owner must secure a new permit.

Special rules are included for transfers of corporate/business ownership. Further, there is an exception for transfers between spouses and family members whereby

Item 22.
the permit may continue in effect, as specified in the ordinance. ▪ Clarifies the owner’s, agent’s or hosting platform’s obligations to collect and remit proper transient occupancy tax (TOT) to the city and further provides that a permit may be denied or not renewed if there are outstanding taxes and/or fines that remain unpaid.
▪ Maintains the existing overnight occupancy limit of two persons per bedroom plus two additional persons from 10:00 p.m. until 8:00 a.m. the next morning. Clarifies the procedures whereby an owner of an unusually large lot or house may request additional overnight occupancy beyond this limit, subject to the permit administrator’s investigation and discretionary approval, as well as conditions of approval to ensure a safe and appropriate event.
▪ Sets a parking limit of one vehicle per bedroom with a maximum of four vehicles on the rented site. “Vehicles” include passenger cars, trucks, towing trailers, boats and off-road vehicles. However, the owner of an unusually large lot or house may request additional parking along with a request for increased overnight occupancy as outlined above.
▪ Clarifies that a short-term vacation rental agreement may be oral or written. If the agreement is written, the existing Code outlines provisions that must be included in such an agreement.
▪ Clarifies that no radio, musical instrument, loudspeaker or other form of amplified sound on the premises my violate the City’s Noise Ordinance. ▪ Specifies that no accessory dwelling unit (ADU) may be used as a short-term vacation rental. Under State law and local policy, ADU’s are intended to provide additional long-term housing in the community, not short-term vacation rentals. ▪ Increases administrative fines for violations of this ordinance. ◦ Currently, operating a short-term vacation rental without a city permit is subject to a fine of $1,000 for each violation. This ordinance increases the fines to $1,500 for the first violation, $3,000 for the second violation within 12 months, and $5,000 for the third and each subsequent violation within 12 months.

◦ For all other violations (i.e., noise and disturbance violations), the fines are increased from $500 to $1,000 for the first violation, from $750 to $2,000 for the second violation within 12 months, and from $1,000 to $3,000 for the third and each subsequent violation within 12 months.

Item 22.

For purposes of discussion, there are other potential policy issues that could be included into this Ordinance:
▪ Require all agreements between the owner/agent and the responsible party/renter to be in writing (no oral agreements).
▪ Require in-person check-in with the owner/agent for all responsible parties/guests (feasible?)
▪ Require all short-term vacation rentals to install a “Noise Aware” or similar sound monitor system that notifies the owner/agent if guests at the rental are exceeding legal noise levels.

Reason for Two Ordinances:

Given the timing of this item, Staff is presenting two ordinances for the Council’s consideration:

Staff is requesting the Council to adopt Urgency Ordinance No. 1221 immediately so that the City will have updated regulations in effect for “Festival Season” which will commence in just the next few weeks. Urgency findings are included in the Urgency Ordinance and a 4/5 vote of the Council will be required to adopt it this evening.

In addition, Staff is requesting the Council to introduce Ordinance No. 1222 which is substantively the same ordinance, just not an urgency ordinance. If introduced this evening with three Council votes, Staff will bring this ordinance back for Council adoption at a subsequent meeting.

FISCAL IMPACT:

None.

ALTERNATIVES:

The City Council has the following alternatives to consider:

1. Adopt the urgency ordinance and introduce the standard ordinance;

2. Provide staff with revisions to the draft ordinances and then adopt/introduce the documents; or

3. Provide alternate direction to staff.

ATTACHMENTS:

1. Urgency Ordinance No. 1221

2. Ordinance No. 1222

3. Map of Short-Term Vacation Rentals by Neighborhood

Item 22.

URGENCY ORDINANCE NO. 1221

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COACHELLA, CALIFORNIA, AMENDING CHAPTER 5.80
(“REGULATION OF SHORT-TERM VACATION RENTALS”) OF TITLE
5 (“BUSINESS LICENSES AND REGULATIONS”) OF THE COACHELLA MUNICIPAL CODE TO AMEND AND UPDATE THE CITY’S

REGULATIONS OF SHORT-TERM VACATION RENTALS, AND
DECLARING THE URGENCY THEREOF.

WHEREAS, pursuant to Chapter 5.80 of Title 5 of the Coachella Municipal Code (C.M.C. §§5.80.005 through 5.80.160), the City currently licenses owners of certain residential dwelling units within the City to lease all or some of their property as short-term vacation rentals, for a term of 30 or fewer consecutive days, subject to those conditions and regulations as provided in Chapter

5.80; and
WHEREAS, at a duly noticed public meeting on November 29, 2023, the City of Coachella Planning Commission discussed various policy issues regarding short-term vacation rentals in the City and potential amendments to the City’s short-term vacation rental regulations which recommendations were forwarded on to the City Council; and WHEREAS, at a duly noticed public Study Session on July 10, 2024, the City Council discussed policy issues and potential amendments to the City’s short-term vacation rental regulations; and
WHEREAS, as part of discussions with residents and interested parties in the City, the City Council hereby adopts these amendments to the City’s regulations for short-term vacation rentals.

WHEREAS, the City Council finds that approval of this Urgency Ordinance is necessary to provide updated, consistent and effective regulations of short-term vacation rental businesses to be implemented in time for this year’s “Festival Season”, including Coachella Fest, Stagecoach, and other events which run from March through May of each year and when the bulk of short-term vacation rentals occur in the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COACHELLA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. AMENDMENT TO MUNICIPAL CODE. Chapter 5.80 of Title 5 of the Coachella Municipal Code is hereby amended to read as follows:
(Note: strikeout is deleted text and bold underlined is new text) “Title 5 Business Licenses and Regulations
Chapter 5.80 Regulation of Short-Term Vacation Rentals

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Ordinance No. 1221

Section 5.80.005. Purpose.

A. The purpose of this chapter is to establish regulations for the use of privately owned residential dwelling units as short term vacation rentals to minimize secondary impacts of such uses on surrounding residential neighborhoods and to ensure the collection and payment of transient occupancy taxes.

B. This chapter is not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner's property that may prohibit the use of such owner's residential property for short term rental purposes as defined in this chapter.

Section 5.80.010. Definitions.

The definitions set forth in this section shall govern the meaning and construction of the words and phrases used in this chapter, except where the context of such words and phrases clearly indicates a different meaning or construction.
“Agent” means a person or entity, who does not hold any interest in the property and who has authority to act on behalf of the owner pursuant to Section 5.80.040. “Annual permit” means an annual permit issued by the city to allow an owner to rent a short term vacation rental pursuant to the regulations contained in this chapter. An annual permit shall have a term of one (1) year from issuance and then must be renewed as provided herein.
"Bedroom" shall mean an area of room within a short-term vacation rental normally occupied and being heated or cooled by any equipment for human habitation, which consists of four walls to the ceiling, at least one of which is located along an exterior wall with a window, and contains a built-in closet designed primarily for sleeping purposes that meets the definition of the applicable California Building, Housing and related Codes currently adopted by the City.
“Good neighbor guidelines” means a document or documents prepared by the city that summarizes the general rules of conduct, consideration, and respect, including, without limitation, provisions of this Code and other applicable laws, rules or regulations pertaining to the use and occupancy of short-term vacation rentals. “Hosting platform” or “hosting site” means a person or entity who participates in leasing short-term vacation rentals by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation. Examples include, but are not limited to, VRBO.com, Airbnb.com, homestay.com and other internet and non-internet based services that facilitate bookings for a fee.
"Owner of a short-term vacation rental" or “owner” shall mean the person(s) or entity(ies) that hold(s) record legal and or equitable title to the subject short term vacation rental.

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Ordinance No. 1221

As used in this chapter, the term "owner" shall include owner's authorized representative or agent as set forth in Section 5.80.040.
“Responsible party” means the lessee of a short-term vacation rental property, as set forth in any rental oral or written contract.
“Seasonal permit” means a limited-time permit issued by the city to allow an owner to rent a short term vacation rental at the owner’s primary residence pursuant to the regulations contained in this chapter. A seasonal permit shall have a limited term from March 1 to June 1 in any year and shall not allow renting of the subject short term vacation rental during any other time of year. A seasonal permit then must be renewed as provided herein to be used during the limited time period in a subsequent year. "Short-term vacation rental" shall mean a "dwelling unit" in a residential property as defined by the city's zoning ordinance, or any portion thereof, that is rented by the owner to another party for a period of not more than thirty (30) consecutive days in exchange for any form of monetary or non-monetary consideration such as but not limited to trade, fee, swap or any other means lieu of cash payments. A hotel or motel room, porch, canopy, tent, “pop-up”, or other structure that is not a “dwelling unit”, shall not constitute a short-term vacation rental.

Section 5.80.020. Administration.

The provisions of this chapter shall be administered by the finance director or such other city employee as may be designated by the city manager, hereinafter referred to as the "permit administrator". In order to facilitate orderly administration of this chapter, the permit administrator shall have the authority to make interpretations and to promulgate administrative regulations consistent with the provisions of this chapter for the purpose of interpreting, clarifying, carrying out, furthering and enforcing the requirements and provisions of this chapter.

A copy of such administrativeon regulations shall be on file in the office of the city clerk.

Section 5.80.030. Permit requirement.

A. No owner of a short-term vacation rental shall rent, offer to rent, or advertise for rent the short-term vacation rental to another person without a valid and active annual or seasonal permit approved and issued in the manner provided for by this chapter. The Annual permits shall have a term of one year from issuance and shall be required to be renewed on an annual basis in order to remain valid and active. Seasonal permits shall have a limited term from March 1 to June 1 of the year of issuance. Permits are non-transferrable. The permit shall be conspicuously posted inside the short-term vacation rental and, as set forth in Section 5.80.050, the City permit number shall be included on all advertisements or solicitations for the short-term vacation rental, including, but not limited to hosting sites, websites, social media postings, emails, and print advertisements.

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Ordinance No. 1221

B. No person shall rent, offer to rent, or advertise for rent a balcony, patio, porch, canopy, tent or other outdoor area of a short-term vacation rental property ("outdoor area") if such rental does not occur in connection with the rental of the remaining residence or dwelling unit, or indoor portion thereof, to which the outdoor area is attached.

C. No owner may hold more than five permits of any kind at any one time, except that an owner holding more than five permits as of April 1, 2025, may renew those permits unless they have been revoked or not renewed. This limit shall apply collectively to any corporation, partnership, limited liability company or business entity holding a permit as an owner under this Chapter and to any other corporation, partnership, limited liability company or business entity which is established by, owned by, controlled by, or otherwise affiliated with the permit holder. For example, if a corporation that holds five legal permits under this Chapter forms another business entity, that new business entity may not obtain a permit under this Chapter due to the collective limit already being reached.

D. The City many not issue annual permits to more than twenty percent (20%) of the residential dwelling units located within any neighborhood of the City.

1. For purposes of this subsection, a “neighborhood” shall be that area identified in a final recorded subdivision map as being in that neighborhood. If there is no final recorded subdivision map for a particular neighborhood, it shall be defined as the area identified in the official neighborhood map of the city.

2. If annual permits have already been issued to more than twenty percent (20%) of the residential dwelling units located within a particular neighborhood, the city shall issue no further annual permits for short term vacation rentals in that neighborhood until sufficient annual permits have expired or have been revoked to reduce the total of issued annual permits below this twenty percent (20%) limit.

3. This limit shall not apply to the issuance of seasonal permits, provided the owner otherwise meets the applicable requirements of this chapter.

CE. No person shall rent, offer to rent, or advertise for rent a dwelling unit, or any portion thereof, as a short-term vacation rental to any partnership, corporation, limited liability company, commercial enterprise, or similar entity.

DF. No person who has rented a short-term vacation rental shall sublease such dwelling unit, or any portion thereof, to any other person or entity.

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Ordinance No. 1221

EG. No person shall charge an admission fee or request or require a donation for entrance into any short-term vacation rental, independent of the lawful charges and fees for renting the short-term vacation rental.

Section 5.80.040. Authorized agent or representative.

A. An owner may authorize an agent or a representative to comply with the requirements of this chapter on behalf of the owner. ("agent") B. The owner shall give prior written notice to the city of any grant of such authority, including the identity and contact information for the agent. The owner shall promptly give the city written notice of any change to any such grant of authority.

BC. Notwithstanding subsection (A), the owner of the short-term vacation rental is responsible for compliance with the provisions of this chapter and the owner shall not be relieved from any personal responsibility and/or personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit, regardless of whether such non-compliance was committed by the owner's authorized agent or representative, a responsible party, or the occupants of the owner's short-term vacation rental unit or their guests. Failure of an agent to comply with this chapter shall be deemed non-compliance by the owner.

Section 5.80.050. Advertising shall include permit number.

A. No person shall offer to rent or advertise for rent a short-term vacation rental without including in the offer or advertisement (whether the advertisement is via website - based, hosting sites, social media posting, e-mail, print media, radio and/or television) the city permit number applicable to the property. in the form "Coachella Permit No._____." If the offer to rent or advertisement contains different sizes of type or fonts, the permit number shall be printed in the same size type as the large type used in the main body of the offer or advertisement. In the case of audio-only advertising, the city permit number shall be read as part of the advertising.

B. Any person advertising or causing the advertisement of a short-term vacation rental that contains information regarding the maximum overnight occupancy of the short-term vacation rental, shall advertise only the overnight maximum occupancy limit as set forth in the permit issued pursuant to this chapter.

Section 5.80.060. Short-term vacation rental permit applications.

A. The owner or the owner's agent shall submit an application for a new or renewed short-term vacation rental permit required by this chapter in a form required by the city and shall contain the following information and/or documents:

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Ordinance No. 1221

1. The name, address, and telephone number of the owner of the subject short-term vacation rental unit.

2. The name, address, and telephone number of the owner's authorized agent or representative for the subject short-term vacation rental, if any.

3. The name, address, and 24-hour telephone number of the local contact person or agent of the owner who is available twenty-four (24) hours per day, seven days per week for the purpose of responding in-person within forty-five (45) minutes to complaints regarding the occupancy, condition, operation, conduct or use of the short-term vacation rental as well as undertaking remedial action to resolve any such complaints and/or correct any violations ("local contact person"). The type of permit sought (annual or seasonal).

4. Verification that the local contact person can respond in-person to the site of the short-term vacation rental unit within forty-five (45) minutes.

54. The address of the proposed short-term vacation rental unit.

65. The number of bedrooms in the short-term vacation rental unit.

76. A nuisance response plan containing the information required by this chapter.

87. A copy of owner's transient occupancy registration certificate and city business license.

8. An agreement in a form approved by the city and signed by the owner, whereby the owner agrees to hold harmless and indemnify the city for any actual or alleged liability arising out of conduct occurring at or rental of a short-term vacation rental.

9. An insurance certificate or other written proof of not less than $1,000,000 comprehensive general liability insurance coverage in compliance with subsection .100(R) herein, to insure against claims or injuries to persons or damages to property which may arise from or in connection with conduct occurring at or rental of a short term vacation rental.

10. Such other information as the permit administrator deems reasonably necessary to administer this chapter.

B. Application Fee. The permit application and annual renewal applications shall be accompanied by an application fee in the amount established by resolution of the city council. Payment of tThe renewal fee shall be paid before a permit may be approved and before the short-term vacation rental unit may be subsequently

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Ordinance No. 1221

rented. The fee shall be non-refundable and shall be sufficient to allow for comprehensive and complete enforcement of the regulations in this chapter.

C. If an owner submits a renewal application with the city prior to the permit’s expiration date, the permit shall remain valid until the city renders a decision on the permit renewal. Any renewal of an annual permit shall have a term of one (1) year following the date of expiration of the prior permit. Any renewal of a seasonal permit shall have a term from March 1 through June 1 for the upcoming year. If an owner seeking renewal of a permit fails to provide all required application information to the city within thirty (30) days following written demand by the city, the application for renewal shall be closed out, no permit renewal shall be issued, and the owner shall be required to submit a new application and fee to the city to seek a new permit.

CD. Change in Ownership. Within fourteen (14) days of Upon a change of property ownership, change of owner's agent or representative, or any other change in material facts pertaining to the information contained in the application, the permit shall automatically expire and the successor owner or successor owner's authorized agent or representative shall submit an application for a new permit, which must be obtained prior to continuing to rent the subject unit property as a short-term vacation rental. A change in ownership of a business entity that owns a short-term vacation rental property which is subject to property tax reassessment constitutes a change of ownership for the purposes of this provision and results in the expiration of the permit. Notwithstanding the above, a change of short-term vacation-rental ownership between family members or among spouses, including as a result of death or divorce or transfer to a personal or family trust, shall not result in expiration of a permit. “Family members” shall mean spouses, as well as biological or adopted children, parents, brothers/sisters, grandparents, grandchildren, uncles, aunts, nephews or nieces of the owner. An owner shall notify the City in writing of any change in ownership, whether or not resulting in expiration of the permit, not later than fourteen (14) days after the change.

Section 5.80.070. Content of nuisance response plans.

A. Each nuisance response plan accompanying an application for a permit required by this chapter shall contain the following information and otherwise be in a form required by the permit administrator.

1. The mailing address and telephone number of the owner or owners of the residential dwelling unit or units to be used as a short-term vacation rental pursuant to the permit;

2. The name, address and telephone number of the local contact person or persons who is will be available in person and by telephone 24 hours per day, and who will be responsible for responding to or causing a prompt response to a phone call by Code Enforcement within 15 minutes and

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Ordinance No. 1221

within forty-five (45) minutes in person at the rental location to a nuisance or other complaint arising out of the occupancy, condition, operation or use of the short-term rental(s) by responsible parties, tenants occupants, their visitors and/or their guests and/or for undertaking remedial action to resolve any such nuisance or other complaint or correct a violation.
a. No more than a total of three local contact persons shall be designated in the response plan; and
b. Only one such person shall be designated as the person responsible for responding to a nuisance or other complaint during any particular hours of the day, different days in a week, and/or different weeks of the year.

B. The manner of responding to or causing a response to a nuisance complaint, including but not limited to the manner in which the complainant or complainants will be notified of the response and the method of documenting prompt responses and timely corrective action.

CB. The manner of assuring timely corrective action to remedy the conditions that caused the nuisance or other complaint. For the purposes of this chapter, "timely corrective action" shall include, at a minimum, a telephone call to the primary occupant of the short-term vacation rental responsible party within fifteen (15) minutes of being informed by the City of the initial nuisance or other complaint; D. The proposed maximum number of overnight occupants, with supporting documentation identifying unusual size, interior layout, parking or other physical characteristics, if any, that support a request for occupancy greater than two persons plus two persons per bedroom.

Section 5.80.080. Amendment of response plans.

At any time following the issuance of a permit required by this chapter, the owner of the short-term vacation rental being operated pursuant to such permit may change the content of the nuisance response plan approved incident to the issuance of the permit by filing an amended response plan with the permit administrator. Such amended response plan shall contain all of the information and be in the form required by Section 5.80.070 of this chapter, and shall be accompanied by an amended response plan fee, if any, in an amount established by the resolution of the city council to recover the costs of review and enforcement of the nuisance response plan.

Section 5.80.090. Permit approval and issuance.

A. Upon receipt of an application for a permit required by this chapter, the permit administrator will review the application and supporting documents, and will approve and issue a permit to the owner of the property or properties that are the

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subject(s) of the application that authorizes the use and occupancy of such property as a short-term vacation rental if the permit administrator finds that the required application fee has been paid, the nuisance response plan submitted with the application conforms to the requirements of this chapter and the short-term vacation rental complies with the provisions of Section 5.80.100 of this chapter.

Any permit issued shall contain on its face its annual or seasonal status and the overnight maximum occupancy limit as determined by Section 5.80.100 of this chapter.

B. An application may be denied if the applicant has had a prior short-term vacation rental application for the same unit revoked within the past twelve (12) calendar months. An application for a new or renewed permit may also be denied if the owner has any unpaid city taxes or fines outstanding that the owner is responsible for, if all administrative appeals have been exhausted, unless the owner has entered into an agreement with the city for payment of said taxes or fines that allows renewal of a permit.

C. In the event that a request is made by an applicant for increased overnight occupancy greater than the standard of two persons within each short-term vacation rental plus a number that will not exceed two persons per bedroom, as established by Section 5.80.100, the permit administrator may request an interior and/ or exterior site visit in order to verify the facts stated in the application and/ or may request additional written or photographic documentation from the owner.

The owner shall be present during any site visit. The permit administrator's determination on an application for increased occupancy shall be final. No hearing shall be required or conducted. The permit administrator shall be afforded broad discretion with respect to applications for increased occupancy. This chapter shall not be interpreted to create a property interest in potential increased occupancy.

Section 5.80.100. Operational requirements and performance standards established.

A. Each owner, and each tenant responsible party or occupant of a short-term vacation rental, shall at all times comply with or cause compliance with the operational and performance standards applicable to short-term vacation rentals they own, lease or occupy, as established by this section.

B. The owner and agent shall ensure that the short-term vacation rental complies with all applicable codes regarding fire, building and safety, and all other relevant laws and ordinances.

C. The owner shall require the responsible party primary overnight and daytime occupant of the short-term vacation rental to be an adult twenty-one (21) years of age or older ("primary occupant"). The primary occupant responsible party shall provide a telephone number to the owner and shall be accessible to the owner by telephone at all times.

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D. Prior to occupancy, the owner or agent shall obtain the name, address, and driver's license number or a copy of the passport of the primary occupant of the short-term vacation rental responsible party. The owner or agent shall also provide to the responsible party a copy of the City’s good neighbor guidelines. The primary occupant responsible party is legally responsible for compliance of all occupants of the short-term vacation rental or their guests with all provisions of this chapter and/or the Coachella Municipal Code. This information shall be readily available upon request of any police officer or employee of the city authorized to enforce this chapter or state law.

E. The owner shall limit overnight occupancy of the short-term vacation rental to the following:

1. the permitted number of occupants, with the maximum number of overnight occupants being two persons within each short-term vacation rental plus a number that will shall not exceed two persons per bedroom plus two additional persons within each short-term vacation rental ("overnight maximum occupancy limit"). The number of bedrooms in a short-term vacation rental shall be verified by the permit administrator using county assessor and/or city building records, prior to the issuance of a permit. The permit administrator in his/ her discretion may, when unusual size, interior layout, parking or other physical characteristics are shown, approve a greater maximum number of overnight occupants.

2. Notwithstanding the above, the city may permit increased overnight occupancy greater than the limits above for single family residential lots that are at least one-half (1/2) acre in area. An owner whose lot meets this criterion may apply to the city for increased overnight occupancy greater than the limits set forth above. The permit administrator may request an interior and/or exterior site visit in order to verify the facts stated in the application and/or may request additional written or photographic documentation from the owner to support the application for increased overnight occupancy. The owner shall be present during any site visit. The permit administrator may allow the increased overnight occupancy if he or she determines that it will not cause undue negative effects or otherwise be detrimental to the surrounding neighborhood. The permit administrator may impose reasonable time limits and conditions of approval for the increased overnight occupancy. The permit administrator's determination on an application for increased overnight occupancy shall be final. No hearing shall be required or conducted. The permit administrator shall be afforded broad discretion with respect to applications for increased overnight occupancy.

F. During the hours of 10:00 p.m. through 8:00 a.m. of the following day, the shortterm vacation rental shall not exceed the overnight maximum occupancy limit,

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except as allowed by the permit administrator pursuant to subsection (E) above.

G. Parking. One (1) vehicle per bedroom shall be permitted for the rented premises with a total maximum of four (4) vehicles on any rented premises.

All vehicles of occupants of the short-term residential rental shall be parked only in an approved driveway or garage on the Premises. For purposes of this chapter, a “vehicle” shall include passenger cars, trucks, towing trailers, boats and off-road vehicles. Notwithstanding the above, the permit administrator may allow for additional parking on the rented premises beyond these limits as part of an application for increased overnight occupancy under subsection (E) above.

GH. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the city's authorized waste hauler on scheduled trash collection days. The owner of the short-term vacation rental shall provide sufficient trash collection containers and service to meet the demand of the occupants. No trash container shall be placed in or adjacent to a street or public right-of-way for collection service more than twenty-four (24) hours prior to the normal collection time. Containers shall be removed from, within or adjacent to the street or right-of-way within twenty-four (24) hours after collection.

HI. Prior to the occupancy of a A short-term vacation rental may be rented pursuant to either an oral or written agreement between the owner and the responsible party shall enter into a written rental agreement with the primary occupant.

1. Each written rental agreement for a short-term vacation rental shall include the following terms, notifications and disclosures, which shall also be posted in a conspicuous location inside the unit:
a. The name, age, address of the primary occupant responsible party along with a copy of the primary occupant's responsible party’s government issued identification;
b. The maximum number of overnight occupants that are permitted pursuant to the overnight maximum occupancy limit set forth in the permit.
c. A list containing the names of all guests that will occupy the short term vacation rental provided to the owner by the primary occupant responsible party, including a list of their vehicles by make and model and license plate numbers.
d. An acknowledgment and agreement of the primary occupant responsible party that he or she is legally responsible for compliance of all occupants of the short-term vacation rental and

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their guests with all provisions of this chapter and/or the Coachella Municipal Code.
e. Notification, acknowledgement and agreement of the primary occupant responsible party that failure to comply with the maximum overnight occupancy limit and/or operational
requirements in the provisions of Section 5.80.100 and the subsequent refusal to comply with the instructions of the owner, agent and/or local contact person in order to remedy such violations, shall subject the primary occupant responsible party and his/her guests and/or other occupants to an immediate order to vacate the short-term vacation rental by the owner or local contact person in accordance with the provisions contained within the rental agreement.
f. The trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash or refuse on the exterior of the property.
g. Notification that the responsible party and/or occupant(s) may be cited or fined by the city and/or immediately evicted by the owner or agent pursuant to state law, in addition to any other remedies available at law, for creating a disturbance or for violating any provisions of this chapter.
h. Notification that failure to conform to the overnight occupancy requirements of the short-term vacation rental is a violation of this chapter.
i. Notification that amplified sound, including radios, televisions and other electronic devices are subject to the city's noise ordinance as set forth in Coachella Municipal Code Chapter 7.04.
j. A notification about the prohibition on illegal loud parties, along with notification of the city' s right to recover the costs of special enforcement needed to address certain loud parties under the circumstances described in Coachella Municipal Code Sections

7.05.010 through 7.05.060.
k. A notification about the requirement that the occupant(s) participate in neighborhood quiet hours by avoiding parties and loud social events between the hours of 10:00 p.m. and 8:00 a.m. unless otherwise allowed by the permit administrator under subsection .100(E) of this chapter.
l. The name of the managing agency owner, agent, rental manager, or local contact person, or owner of the short-term vacation rental,

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and a telephone number at which each that party may be reached at all times.
m. A copy of the "good neighbor guidelines" which may from time to time be prepared and amended by the permit administrator. These guidelines may include location - specific information, such as local speed limits.
n. Notification that the property is part of the city of Coachella's short-term vacation rental program.
o. A copy of this chapter of the Coachella Municipal Code, as it may be amended from time to time.

2. The written rental agreement and documentation of compliance with this subparagraph subsection (HI) shall be maintained by the owner and/or agent for a period of three years and be made readily available upon request of the permit administrator or any police officer or employee of the city authorized to enforce this chapter or state law.

IJ. During the rental term of each short-term vacation rental, the owner, agent or local contact person shall be available by phone and in-person twenty-four (24) hours per day, seven days per week for the purpose of: (i) responding to the city and to the responsible party by telephone within fifteen (15) minutes of complaints regarding the occupancy, condition, operation or use of the short term vacation rental; (ii) responding in-person within forty-five (45) minutes to any additional or successive complaints regarding the occupancy, condition, operation or use short-term vacation rental; and (iii) taking action to resolve any complaint and/or correct any violation as set forth in subparagraph subsection (JK) of this Section 5.80.100.

JK. Upon receipt of a nuisance complaint or such other complaint or upon notification that any occupant and/or guest of the short-term vacation rental has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of this chapter, the Coachella Municipal Code or any state law, the owner, agent or the local contact person shall promptly respond to such complaint and take corrective action to remedy the complaint and prevent a recurrence of such conduct by those occupants or guests. For purposes of this paragraph, "promptly respond" shall mean a response by telephone to the responsible party within fifteen (15) minutes of the complaint whereby the responsible party is advised of the nature of the complaint and a correction of any violation is made and a physical presence at the premises of the short-term vacation rental within forty-five (45) minutes to any unresolved, additional or successive complaints regarding the occupancy, condition, operation or use short-term vacation rental whereby in which the primary occupant responsible party or other occupantcy is advised of the nature of the complaint and a correction of any violation is made, or if contact with the primary occupant or

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other occupancy is not required, the subject of the complaint is resolved, including the correction of any violation. If the nature of the violation involves an action that would take more than an hour, "promptly respond" shall mean notifying the permit administrator of the nature of the complaint and thereafter diligently pursuing to completion the correction of the violation. Failure of the owner, agent or the local contact person to promptly respond and/or to take timely corrective action regarding the occupancy, condition, operation, or use of the short-term vacation rental shall be a violation of this chapter and shall be grounds for the imposition of penalties as set forth in this chapter and/or revocation or suspension of the permit. An owner, agent or local contact person is not required or authorized to act as a peace officer or to intervene in situations that pose a risk to personal safety. The owner, agent or the local contact person shall keep and maintain a written log or other record of the nature of the complaint or violation and the date, and time of each complaint, disturbance, response and the corrective action taken. Such written log or record shall be readily available upon request of the city, including the permit administrator, and any police officer or employee of the city authorized to enforce this chapter or state law and shall be retained for a minimum of three years.

KL. The owner, agent and/or local contact person shall order the primary occupant responsible party and his/her guests and/or other occupants to immediately vacate the short-term vacation rental in accordance with provisions contained within the rental agreement if the primary occupant responsible party and/or guests or other occupants fail to comply with the maximum overnight occupancy limit and/or violate the provisions of this Section 5.80.100 chapter and subsequently refuse to comply with the instructions of the owner, agent and/or local contact person in order to remedy or correct the violation.

LM. The owner shall keep written records documenting compliance with all elements of the performance standards and the approved nuisance response plan. Such records shall be retained for a minimum of three years and shall be available during regular business hours upon request of the city, including the permit administrator, and any police officer or employee of the city authorized to enforce this chapter or state law.

MN. The short-term vacation rental use shall not involve the use of commercial vehicles for the delivery of materials to and from the premises beyond those commercial vehicles normally associated with residential uses nor storage of delivered materials beyond those items which would normally be associated with a residential use of property.

NO. The operational requirements and performance standards may be modified by the permit administrator upon request of the owner or agent based upon site specific circumstances for the purpose of allowing reasonable accommodation of a shortterm vacation rental occupant as may be required by state or federal disability laws. All requests must be in writing and shall identify how the strict application of the standard conditions creates an unreasonable hardship to a property an

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occupant such that, if the requirement is not modified, reasonable use of the property for a short-term vacation rental by an occupant would not be allowed.

Any hardships identified must relate to physical constraints to the subject site and shall not be self-induced or economic. Any modifications of the standard conditions shall not further exacerbate an already existing problem.

O. The owner and/or the owner's authorized agent or representative shall comply with all provisions of Section 4.28.030 et. seq. of the Municipal Code concerning transient occupancy taxes, including, but not limited to, submission of a return in accordance with Section 5.80.070 of the Municipal Code, which shall be filed even if the vacation rental unit was not rented during each such reporting period.

P. The permit administrator shall have the authority to impose additional conditions on the use of any given short-term vacation rental unit to ensure that any potential secondary effects unique to the subject vacation rental unit are avoided or adequately mitigated.

Q. No radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or other any machine or device for the producing or reproducing of any sound may be operated on the vacation-rental property unless it is in compliance with the City’s Noise Ordinance.

R. The owner shall, at the owner’s expense, procure and maintain, for the duration of any permit, comprehensive general liability insurance with a limit of no less than $1,000,000 per occurrence to insure against claims for injuries to persons or damages to property which may arise from or in connection with rental or operation of a short term vacation rental. Such insurance shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

S. No accessory dwelling unit (ADU) may be rented as a short-term vacation rental in the city.

5.80.105 Payment of Transient Occupancy Taxes
A. The owner and/or the agent is responsible for collecting and remitting transient occupancy tax to the city and shall comply with all provisions of Section 4.28.030 et. seq. of the Municipal Code concerning transient occupancy taxes, including, but not limited to, submission of a return in accordance with Chapter 4.28, which shall be filed even if the vacation rental unit was not rented during each such reporting period.

B. Beginning April 1, 2025, hosting platforms shall be responsible for collecting all applicable transient occupancy taxes and remitting the same to the city.

The hosting platform shall be considered an agent of the owner/host for purposes of transient occupancy tax collections and remittance pursuant to Chapter 4.28.

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C. Owners and/or agents shall be responsible for submitting transient occupancy tax forms reporting nightly stays and gross receipts even if a hosting platform is remitting the taxes due on their behalf.

D. Permittees making two or more late submittals in a 12-month period shall not have their permit renewed upon expiration.

E. Owners shall provide all transient occupancy tax-related documents to the city within five (5) business days of the city’s written request, as more particularly set forth in Section 5.80.150. If any documents are not in the possession of an owner but are in the possession of an agent, the owner shall promptly request said documents from the agent within three (3) business days of the city’s written request and the documents shall be provided to the city within five (5) business days thereafter.

F. Timely payment of applicable transient occupancy taxes for a short-term vacation rental shall not excuse an owner’s noncompliance with any other provisions of this chapter and the city may impose fines or take other action as set forth in this chapter to address said noncompliance.

5.80.110. Terminating the use of a property as a short-term rental.

Where the owner of property used and occupied as a short-term vacation rental pursuant to a permit approved and issued in the manner provided for by this chapter determines to terminate such use and restore the property either to an owner-occupied residence or a long-term rental, the property owner shall promptly cause a notice of such determination/termination to be filed with the permit administrator. Once such notice is received by the city, the property shall not again be leased, offered for lease or otherwise occupied as a short-term vacation rental until a new permit is obtained by the owner.

5.80.120 Violations.

A. It is unlawful and a violation of this chapter for any person or entity owning, renting, leasing, occupying or having charge, control or possession of any real or improved property within the city of Coachella to cause, permit, maintain or allow any violation of this chapter to exist thereon. Any person who violates any provision of this chapter is guilty of a misdemeanor. Such violation is punishable as set forth in Section 1.08 of this code. Each and every day, or portion thereof, that a violation of this chapter exists constitutes a separate and distinct violation.

B. Alternatively, this chapter may be enforced through the issuance of an administrative citation in accordance with Chapter 1.10 1.08 of this code, except that the fine for each separate violation shall be as follows: (1) an administrative fine in an amount not to exceed five hundred one thousand dollars ($5001,000.00) for the first citation; (2) an administrative fine an amount not to exceed seven hundred and fifty two thousand dollars ($7502,000.00) for a second citation issued for the same offense within a twelve-month period of the date of the first offense;

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and (3) an administrative fine in an amount not to exceed one three thousand dollars ($13,000.00) for a third and any subsequent citation issued for the same offense within a twelve-month period of the date of the first offense. Each and every day such a violation exists shall constitute a separate and distinct violation of this chapter.

C. Notwithstanding paragraph (b) Subsection (B) of this Section 5.80.120, operating a short term vacation rental without a valid permit shall be subject to an administrative fine in the following amounts: not to exceed one thousand dollars ($1,000.00) for each citation. (1) an administrative fine in an amount not to exceed one thousand five hundred dollars ($1,500.00) for the first citation; (2) an administrative fine in an amount not to exceed three thousand dollars ($3,000.00) for a second citation issued for the same offense within a twelvemonth period of the date of the first offense; and (3) an administrative fine in an amount not to exceed five thousand dollars ($5,000.00) for a third and any subsequent citation issued for the same offense within a twelve-month period of the date of the first offense. Each and every day such a violation exists shall constitute a separate and distinct violation of this chapter.

D. In addition to the foregoing, a violation of any provision of this chapter shall constitute a public nuisance and shall be subject to abatement by the city by means of a civil action or administrative abatement pursuant to Chapter 3.10 of this code, and each day such condition continues it shall be regarded as a new and separate offense.

E. This remedies provided for in this section are in addition to, and not in lieu of, all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this chapter.

5.80.130 Permit suspension, modification or revocation.

A. In addition to any other remedy provided by this chapter, a permit issued pursuant to this chapter may be suspended, modified or revoked for any violations of this chapter, for violation of any other law on the premises of the short-term vacation rental, or for the maintenance of such other conditions as may be shown to be injurious to the public health and safety or if the applicant made any false, misleading or fraudulent statement of a material fact in the application for permit, or any report or record required to be filed pursuant to this chapter.

B. Prior to suspension, modification or revocation of a permit, a hearing shall be held thereon by the city manager permit administrator or a hearing officer designated by the city manager permit administrator or his designee. The permittee shall be notified in writing of the grounds for suspension, modification or revocation of the permit at least ten (10) days prior to the scheduled hearing. The decision of the permit administrator or hearing officer shall be rendered within five (5) days of the hearing. The decision shall be in writing, and shall set forth the findings and

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reasons for the decision. The decision of the permit administrator or hearing officer is final.

5.80.140 Specific violations. Hosting Platforms.

Any of the following acts or omissions arising out of the operation and use of a short term vacation rental is unlawful and constitutes a misdemeanor punishable as set forth in Section 1.08 of this code.

A. Rental, offering for rental, or advertising for rental of a dwelling unit located on any property within the city by the owner of the property as a short-term vacation rental without a permit authorizing such use that has been approved and issued in the manner required by this chapter.

B. Failure of the owner of a short-term vacation rental issued a permit in the manner required by this chapter or the owner's designated agent to respond to a nuisance complaint arising out of the occupancy and use of the short-term rental by a tenant, or the tenant's visitors or guests in the manner and within the time required by a nuisance response plan approved by the permit administrator incident to the issuance of such permit.

C. Failure of the owner of a short-term vacation rental issued a permit in the manner required by this chapter to keep a response plan required by the chapter on file with the permit administrator containing the name of the current person or persons responsible for responding to a nuisance complaint within the time required by this chapter.

D. Offering to rent or advertising for rent a short-term vacation rental without including in the offer or advertisement the city permit number applicable to the property in the form "Coachella Permit No._____" with the permit number printed in the same size type as the largest type used in the offer or advertisement.

E. Failure to comply with or cause compliance with any performance standard listed in Section 5.80.100.

A. Subject to applicable laws, hosting platforms shall, upon written request by the city, promptly disclose to the city each short-term vacation rental located in the city that they list, the host ID, listing ID, and names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay.

B. A hosting platform shall promptly remove any listing upon receipt of a takedown notice from the city indicating that a listing violates applicable legal requirements.

C. A hosting platform is responsible for collecting and remitting transient occupancy taxes on behalf of their hosts in accordance with this Code, either directly to the City or through the owner/agent.

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D. A hosting platform shall require all hosts to include a valid permit number in a designated field dedicated to the license number.

5.80.150 Records and Inspection.

Each owner or agent shall provide access to each short-term vacation rental and any records related to the use and occupancy of the short-term vacation rental to the city manager or his designee at any time during normal business hours, for the purpose of inspection or audit to determine that the objective and conditions of this chapter are being fulfilled.

5.80.160 Requirements not exclusive.

The requirements of this chapter shall be in addition to any license, permit or fee required under any other provision of the Coachella Municipal Code. The issuance of any permit pursuant to this chapter shall not relieve any person of the obligation to comply with all other provisions of the Coachella Municipal Code pertaining to the use and occupancy of the short-term vacation rental or the property on which it is located.”
SECTION 2. SEVERABILITY. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

SECTION 3. URGENCY DECLARED/EFFECTIVE DATE. Pursuant to California Government Code Section 36937, this Ordinance is designed to protect the health, safety and welfare of the citizens of the City of Coachella and becomes effective immediately up adoption by a four-fifths (4/5) vote of the City Council. The City Council hereby finds that there is an urgent need to adopt these regulations in order to eliminate the current and immediate threats set forth above.

SECTION 4. PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Coachella, pursuant to all legal requirements.

I hereby certify that the foregoing Ordinance was PASSED, APPROVED AND ADOPTED by the City Council of the City of Coachella on the 26th day of February, 2025.

PASSED, APPROVED and ADOPTED this 26
th day of February 2025.

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Ordinance No. 1221

___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:

BEST, BEST & KRIEGER
___________________________________
City Attorney

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Ordinance No. 1221

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Ordinance No. 1221 was duly PASSED, APPROVED, AND ADOPTED by the City Council of the City of Coachella on the 26 th day of
February, 2025.

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk

Item 22.

ORDINANCE NO. 1222

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COACHELLA, CALIFORNIA, AMENDING CHAPTER 5.80
(“REGULATION OF SHORT-TERM VACATION RENTALS”) OF TITLE
5 (“BUSINESS LICENSES AND REGULATIONS”) OF THE COACHELLA MUNICIPAL CODE TO AMEND AND UPDATE THE CITY’S
REGULATIONS OF SHORT-TERM VACATION RENTALS.

WHEREAS, pursuant to Chapter 5.80 of Title 5 of the Coachella Municipal Code (C.M.C. §§5.80.005 through 5.80.160), the City currently licenses owners of certain residential dwelling units within the City to lease all or some of their property as short-term vacation rentals, for a term of 30 or fewer consecutive days, subject to those conditions and regulations as provided in Chapter

5.80; and
WHEREAS, at a duly noticed public meeting on November 29, 2023, the City of Coachella Planning Commission discussed various policy issues regarding short-term vacation rentals in the City and potential amendments to the City’s short-term vacation rental regulations which recommendations were forwarded on to the City Council; and WHEREAS, at a duly noticed public Study Session on July 10, 2024, the City Council discussed policy issues and potential amendments to the City’s short-term vacation rental regulations; and
WHEREAS, as part of discussions with residents and interested parties in the City, the City Council hereby adopts these amendments to the City’s regulations for short-term vacation rentals.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COACHELLA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. AMENDMENT TO MUNICIPAL CODE. Chapter 5.80 of Title 5 of the Coachella Municipal Code is hereby amended to read as follows:
(Note: strikeout is deleted text and bold underlined is new text) “Title 5 Business Licenses and Regulations
Chapter 5.80 Regulation of Short-Term Vacation Rentals

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City of Coachella
Ordinance No. 1222

Ordinance No. 1222

Section 5.80.005. Purpose.

A. The purpose of this chapter is to establish regulations for the use of privately owned residential dwelling units as short term vacation rentals to minimize secondary impacts of such uses on surrounding residential neighborhoods and to ensure the collection and payment of transient occupancy taxes.

B. This chapter is not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner's property that may prohibit the use of such owner's residential property for short term rental purposes as defined in this chapter.

Section 5.80.010. Definitions.

The definitions set forth in this section shall govern the meaning and construction of the words and phrases used in this chapter, except where the context of such words and phrases clearly indicates a different meaning or construction.
“Agent” means a person or entity, who does not hold any interest in the property and who has authority to act on behalf of the owner pursuant to Section 5.80.040. “Annual permit” means an annual permit issued by the city to allow an owner to rent a short term vacation rental pursuant to the regulations contained in this chapter. An annual permit shall have a term of one (1) year from issuance and then must be renewed as provided herein.
"Bedroom" shall mean an area of room within a short-term vacation rental normally occupied and being heated or cooled by any equipment for human habitation, which consists of four walls to the ceiling, at least one of which is located along an exterior wall with a window, and contains a built-in closet designed primarily for sleeping purposes that meets the definition of the applicable California Building, Housing and related Codes currently adopted by the City.
“Good neighbor guidelines” means a document or documents prepared by the city that summarizes the general rules of conduct, consideration, and respect, including, without limitation, provisions of this Code and other applicable laws, rules or regulations pertaining to the use and occupancy of short-term vacation rentals. “Hosting platform” or “hosting site” means a person or entity who participates in leasing short-term vacation rentals by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation. Examples include, but are not limited to, VRBO.com, Airbnb.com, homestay.com and other internet and non-internet based services that facilitate bookings for a fee.

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City of Coachella
Ordinance No. 1222

Ordinance No. 1222

"Owner of a short-term vacation rental" or “owner” shall mean the person(s) or entity(ies) that hold(s) record legal and or equitable title to the subject short term vacation rental.

As used in this chapter, the term "owner" shall include owner's authorized representative or agent as set forth in Section 5.80.040.
“Responsible party” means the lessee of a short-term vacation rental property, as set forth in any rental oral or written contract.
“Seasonal permit” means a limited-time permit issued by the city to allow an owner to rent a short term vacation rental at the owner’s primary residence pursuant to the regulations contained in this chapter. A seasonal permit shall have a limited term from March 1 to June 1 in any year and shall not allow renting of the subject short term vacation rental during any other time of year. A seasonal permit then must be renewed as provided herein to be used during the limited time period in a subsequent year. "Short-term vacation rental" shall mean a "dwelling unit" in a residential property as defined by the city's zoning ordinance, or any portion thereof, that is rented by the owner to another party for a period of not more than thirty (30) consecutive days in exchange for any form of monetary or non-monetary consideration such as but not limited to trade, fee, swap or any other means lieu of cash payments. A hotel or motel room, porch, canopy, tent, “pop-up”, or other structure that is not a “dwelling unit”, shall not constitute a short-term vacation rental.

Section 5.80.020. Administration.

The provisions of this chapter shall be administered by the finance director or such other city employee as may be designated by the city manager, hereinafter referred to as the "permit administrator". In order to facilitate orderly administration of this chapter, the permit administrator shall have the authority to make interpretations and to promulgate administrative regulations consistent with the provisions of this chapter for the purpose of interpreting, clarifying, carrying out, furthering and enforcing the requirements and provisions of this chapter.

A copy of such administrativeon regulations shall be on file in the office of the city clerk.

Section 5.80.030. Permit requirement.

A. No owner of a short-term vacation rental shall rent, offer to rent, or advertise for rent the short-term vacation rental to another person without a valid and active annual or seasonal permit approved and issued in the manner provided for by this chapter. The Annual permits shall have a term of one year from issuance and shall be required to be renewed on an annual basis in order to remain valid and active. Seasonal permits shall have a limited term from March 1 to June 1 of the year of issuance. Permits are non-transferrable. The permit shall be conspicuously posted inside the short-term vacation rental and, as set forth in Section 5.80.050, the City permit number shall be included on all advertisements or solicitations for the short-term vacation rental, including,

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but not limited to hosting sites, websites, social media postings, emails, and print advertisements.

B. No person shall rent, offer to rent, or advertise for rent a balcony, patio, porch, canopy, tent or other outdoor area of a short-term vacation rental property ("outdoor area") if such rental does not occur in connection with the rental of the remaining residence or dwelling unit, or indoor portion thereof, to which the outdoor area is attached.

C. No owner may hold more than five permits of any kind at any one time, except that an owner holding more than five permits as of April 1, 2025, may renew those permits unless they have been revoked or not renewed. This limit shall apply collectively to any corporation, partnership, limited liability company or business entity holding a permit as an owner under this Chapter and to any other corporation, partnership, limited liability company or business entity which is established by, owned by, controlled by, or otherwise affiliated with the permit holder. For example, if a corporation that holds five legal permits under this Chapter forms another business entity, that new business entity may not obtain a permit under this Chapter due to the collective limit already being reached.

D. The City many not issue annual permits to more than twenty percent (20%) of the residential dwelling units located within any neighborhood of the City.

1. For purposes of this subsection, a “neighborhood” shall be that area identified in a final recorded subdivision map as being in that neighborhood. If there is no final recorded subdivision map for a particular neighborhood, it shall be defined as the area identified in the official neighborhood map of the city.

2. If annual permits have already been issued to more than twenty percent (20%) of the residential dwelling units located within a particular neighborhood, the city shall issue no further annual permits for short term vacation rentals in that neighborhood until sufficient annual permits have expired or have been revoked to reduce the total of issued annual permits below this twenty percent (20%) limit.

3. This limit shall not apply to the issuance of seasonal permits, provided the owner otherwise meets the applicable requirements of this chapter.

CE. No person shall rent, offer to rent, or advertise for rent a dwelling unit, or any portion thereof, as a short-term vacation rental to any partnership, corporation, limited liability company, commercial enterprise, or similar entity.

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DF. No person who has rented a short-term vacation rental shall sublease such dwelling unit, or any portion thereof, to any other person or entity.

EG. No person shall charge an admission fee or request or require a donation for entrance into any short-term vacation rental, independent of the lawful charges and fees for renting the short-term vacation rental.

Section 5.80.040. Authorized agent or representative.

A. An owner may authorize an agent or a representative to comply with the requirements of this chapter on behalf of the owner. ("agent") B. The owner shall give prior written notice to the city of any grant of such authority, including the identity and contact information for the agent. The owner shall promptly give the city written notice of any change to any such grant of authority.

BC. Notwithstanding subsection (A), the owner of the short-term vacation rental is responsible for compliance with the provisions of this chapter and the owner shall not be relieved from any personal responsibility and/or personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit, regardless of whether such non-compliance was committed by the owner's authorized agent or representative, a responsible party, or the occupants of the owner's short-term vacation rental unit or their guests. Failure of an agent to comply with this chapter shall be deemed non-compliance by the owner.

Section 5.80.050. Advertising shall include permit number.

A. No person shall offer to rent or advertise for rent a short-term vacation rental without including in the offer or advertisement (whether the advertisement is via website - based, hosting sites, social media posting, e-mail, print media, radio and/or television) the city permit number applicable to the property. in the form "Coachella Permit No._____." If the offer to rent or advertisement contains different sizes of type or fonts, the permit number shall be printed in the same size type as the large type used in the main body of the offer or advertisement. In the case of audio-only advertising, the city permit number shall be read as part of the advertising.

B. Any person advertising or causing the advertisement of a short-term vacation rental that contains information regarding the maximum overnight occupancy of the short-term vacation rental, shall advertise only the overnight maximum occupancy limit as set forth in the permit issued pursuant to this chapter.

Section 5.80.060. Short-term vacation rental permit applications.

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A. The owner or the owner's agent shall submit an application for a new or renewed short-term vacation rental permit required by this chapter in a form required by the city and shall contain the following information and/or documents:

1. The name, address, and telephone number of the owner of the subject short-term vacation rental unit.

2. The name, address, and telephone number of the owner's authorized agent or representative for the subject short-term vacation rental, if any.

3. The name, address, and 24-hour telephone number of the local contact person or agent of the owner who is available twenty-four (24) hours per day, seven days per week for the purpose of responding in-person within forty-five (45) minutes to complaints regarding the occupancy, condition, operation, conduct or use of the short-term vacation rental as well as undertaking remedial action to resolve any such complaints and/or correct any violations ("local contact person"). The type of permit sought (annual or seasonal).

4. Verification that the local contact person can respond in-person to the site of the short-term vacation rental unit within forty-five (45) minutes.

54. The address of the proposed short-term vacation rental unit.

65. The number of bedrooms in the short-term vacation rental unit.

76. A nuisance response plan containing the information required by this chapter.

87. A copy of owner's transient occupancy registration certificate and city business license.

8. An agreement in a form approved by the city and signed by the owner, whereby the owner agrees to hold harmless and indemnify the city for any actual or alleged liability arising out of conduct occurring at or rental of a short-term vacation rental.

9. An insurance certificate or other written proof of not less than $1,000,000 comprehensive general liability insurance coverage in compliance with subsection .100(R) herein, to insure against claims or injuries to persons or damages to property which may arise from or in connection with conduct occurring at or rental of a short term vacation rental.

10. Such other information as the permit administrator deems reasonably necessary to administer this chapter.

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B. Application Fee. The permit application and annual renewal applications shall be accompanied by an application fee in the amount established by resolution of the city council. Payment of tThe renewal fee shall be paid before a permit may be approved and before the short-term vacation rental unit may be subsequently rented. The fee shall be non-refundable and shall be sufficient to allow for comprehensive and complete enforcement of the regulations in this chapter.

C. If an owner submits a renewal application with the city prior to the permit’s expiration date, the permit shall remain valid until the city renders a decision on the permit renewal. Any renewal of an annual permit shall have a term of one (1) year following the date of expiration of the prior permit. Any renewal of a seasonal permit shall have a term from March 1 through June 1 for the upcoming year. If an owner seeking renewal of a permit fails to provide all required application information to the city within thirty (30) days following written demand by the city, the application for renewal shall be closed out, no permit renewal shall be issued, and the owner shall be required to submit a new application and fee to the city to seek a new permit.

CD. Change in Ownership. Within fourteen (14) days of Upon a change of property ownership, change of owner's agent or representative, or any other change in material facts pertaining to the information contained in the application, the permit shall automatically expire and the successor owner or successor owner's authorized agent or representative shall submit an application for a new permit, which must be obtained prior to continuing to rent the subject unit property as a short-term vacation rental. A change in ownership of a business entity that owns a short-term vacation rental property which is subject to property tax reassessment constitutes a change of ownership for the purposes of this provision and results in the expiration of the permit. Notwithstanding the above, a change of short-term vacation-rental ownership between family members or among spouses, including as a result of death or divorce or transfer to a personal or family trust, shall not result in expiration of a permit. “Family members” shall mean spouses, as well as biological or adopted children, parents, brothers/sisters, grandparents, grandchildren, uncles, aunts, nephews or nieces of the owner. An owner shall notify the City in writing of any change in ownership, whether or not resulting in expiration of the permit, not later than fourteen (14) days after the change.

Section 5.80.070. Content of nuisance response plans.

A. Each nuisance response plan accompanying an application for a permit required by this chapter shall contain the following information and otherwise be in a form required by the permit administrator.

1. The mailing address and telephone number of the owner or owners of the residential dwelling unit or units to be used as a short-term vacation rental pursuant to the permit;

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2. The name, address and telephone number of the local contact person or persons who is will be available in person and by telephone 24 hours per day, and who will be responsible for responding to or causing a prompt response to a phone call by Code Enforcement within 15 minutes and within forty-five (45) minutes in person at the rental location to a nuisance or other complaint arising out of the occupancy, condition, operation or use of the short-term rental(s) by responsible parties, tenants occupants, their visitors and/or their guests and/or for undertaking remedial action to resolve any such nuisance or other complaint or correct a violation.
a. No more than a total of three local contact persons shall be designated in the response plan; and
b. Only one such person shall be designated as the person responsible for responding to a nuisance or other complaint during any particular hours of the day, different days in a week, and/or different weeks of the year.

B. The manner of responding to or causing a response to a nuisance complaint, including but not limited to the manner in which the complainant or complainants will be notified of the response and the method of documenting prompt responses and timely corrective action.

CB. The manner of assuring timely corrective action to remedy the conditions that caused the nuisance or other complaint. For the purposes of this chapter, "timely corrective action" shall include, at a minimum, a telephone call to the primary occupant of the short-term vacation rental responsible party within fifteen (15) minutes of being informed by the City of the initial nuisance or other complaint; D. The proposed maximum number of overnight occupants, with supporting documentation identifying unusual size, interior layout, parking or other physical characteristics, if any, that support a request for occupancy greater than two persons plus two persons per bedroom.

Section 5.80.080. Amendment of response plans.

At any time following the issuance of a permit required by this chapter, the owner of the short-term vacation rental being operated pursuant to such permit may change the content of the nuisance response plan approved incident to the issuance of the permit by filing an amended response plan with the permit administrator. Such amended response plan shall contain all of the information and be in the form required by Section 5.80.070 of this chapter, and shall be accompanied by an amended response plan fee, if any, in an amount established by the resolution of the city council to recover the costs of review and enforcement of the nuisance response plan.

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Section 5.80.090. Permit approval and issuance.

A. Upon receipt of an application for a permit required by this chapter, the permit administrator will review the application and supporting documents, and will approve and issue a permit to the owner of the property or properties that are the subject(s) of the application that authorizes the use and occupancy of such property as a short-term vacation rental if the permit administrator finds that the required application fee has been paid, the nuisance response plan submitted with the application conforms to the requirements of this chapter and the short-term vacation rental complies with the provisions of Section 5.80.100 of this chapter.

Any permit issued shall contain on its face its annual or seasonal status and the overnight maximum occupancy limit as determined by Section 5.80.100 of this chapter.

B. An application may be denied if the applicant has had a prior short-term vacation rental application for the same unit revoked within the past twelve (12) calendar months. An application for a new or renewed permit may also be denied if the owner has any unpaid city taxes or fines outstanding that the owner is responsible for, if all administrative appeals have been exhausted, unless the owner has entered into an agreement with the city for payment of said taxes or fines that allows renewal of a permit.

C. In the event that a request is made by an applicant for increased overnight occupancy greater than the standard of two persons within each short-term vacation rental plus a number that will not exceed two persons per bedroom, as established by Section 5.80.100, the permit administrator may request an interior and/ or exterior site visit in order to verify the facts stated in the application and/ or may request additional written or photographic documentation from the owner.

The owner shall be present during any site visit. The permit administrator's determination on an application for increased occupancy shall be final. No hearing shall be required or conducted. The permit administrator shall be afforded broad discretion with respect to applications for increased occupancy. This chapter shall not be interpreted to create a property interest in potential increased occupancy.

Section 5.80.100. Operational requirements and performance standards established.

A. Each owner, and each tenant responsible party or occupant of a short-term vacation rental, shall at all times comply with or cause compliance with the operational and performance standards applicable to short-term vacation rentals they own, lease or occupy, as established by this section.

B. The owner and agent shall ensure that the short-term vacation rental complies with all applicable codes regarding fire, building and safety, and all other relevant laws and ordinances.

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C. The owner shall require the responsible party primary overnight and daytime occupant of the short-term vacation rental to be an adult twenty-one (21) years of age or older ("primary occupant"). The primary occupant responsible party shall provide a telephone number to the owner and shall be accessible to the owner by telephone at all times.

D. Prior to occupancy, the owner or agent shall obtain the name, address, and driver's license number or a copy of the passport of the primary occupant of the short-term vacation rental responsible party. The owner or agent shall also provide to the responsible party a copy of the City’s good neighbor guidelines. The primary occupant responsible party is legally responsible for compliance of all occupants of the short-term vacation rental or their guests with all provisions of this chapter and/or the Coachella Municipal Code. This information shall be readily available upon request of any police officer or employee of the city authorized to enforce this chapter or state law.

E. The owner shall limit overnight occupancy of the short-term vacation rental to the following:

1. the permitted number of occupants, with the maximum number of overnight occupants being two persons within each short-term vacation rental plus a number that will shall not exceed two persons per bedroom plus two additional persons within each short-term vacation rental ("overnight maximum occupancy limit"). The number of bedrooms in a short-term vacation rental shall be verified by the permit administrator using county assessor and/or city building records, prior to the issuance of a permit. The permit administrator in his/ her discretion may, when unusual size, interior layout, parking or other physical characteristics are shown, approve a greater maximum number of overnight occupants.

2. Notwithstanding the above, the city may permit increased overnight occupancy greater than the limits above for single family residential lots that are at least one-half (1/2) acre in area. An owner whose lot meets this criterion may apply to the city for increased overnight occupancy greater than the limits set forth above. The permit administrator may request an interior and/or exterior site visit in order to verify the facts stated in the application and/or may request additional written or photographic documentation from the owner to support the application for increased overnight occupancy. The owner shall be present during any site visit. The permit administrator may allow the increased overnight occupancy if he or she determines that it will not cause undue negative effects or otherwise be detrimental to the surrounding neighborhood. The permit administrator may impose reasonable time limits and conditions of approval for the increased overnight occupancy. The permit administrator's determination on an application for increased

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overnight occupancy shall be final. No hearing shall be required or conducted. The permit administrator shall be afforded broad discretion with respect to applications for increased overnight occupancy.

F. During the hours of 10:00 p.m. through 8:00 a.m. of the following day, the shortterm vacation rental shall not exceed the overnight maximum occupancy limit, except as allowed by the permit administrator pursuant to subsection (E) above.

G. Parking. One (1) vehicle per bedroom shall be permitted for the rented premises with a total maximum of four (4) vehicles on any rented premises.

All vehicles of occupants of the short-term residential rental shall be parked only in an approved driveway or garage on the Premises. For purposes of this chapter, a “vehicle” shall include passenger cars, trucks, towing trailers, boats and off-road vehicles. Notwithstanding the above, the permit administrator may allow for additional parking on the rented premises beyond these limits as part of an application for increased overnight occupancy under subsection (E) above.

GH. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the city's authorized waste hauler on scheduled trash collection days. The owner of the short-term vacation rental shall provide sufficient trash collection containers and service to meet the demand of the occupants. No trash container shall be placed in or adjacent to a street or public right-of-way for collection service more than twenty-four (24) hours prior to the normal collection time. Containers shall be removed from, within or adjacent to the street or right-of-way within twenty-four (24) hours after collection.

HI. Prior to the occupancy of a A short-term vacation rental may be rented pursuant to either an oral or written agreement between the owner and the responsible party shall enter into a written rental agreement with the primary occupant.

1. Each written rental agreement for a short-term vacation rental shall include the following terms, notifications and disclosures, which shall also be posted in a conspicuous location inside the unit:
a. The name, age, address of the primary occupant responsible party along with a copy of the primary occupant's responsible party’s government issued identification;
b. The maximum number of overnight occupants that are permitted pursuant to the overnight maximum occupancy limit set forth in the permit.

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c. A list containing the names of all guests that will occupy the short term vacation rental provided to the owner by the primary occupant responsible party, including a list of their vehicles by make and model and license plate numbers.
d. An acknowledgment and agreement of the primary occupant responsible party that he or she is legally responsible for compliance of all occupants of the short-term vacation rental and their guests with all provisions of this chapter and/or the Coachella Municipal Code.
e. Notification, acknowledgement and agreement of the primary occupant responsible party that failure to comply with the maximum overnight occupancy limit and/or operational
requirements in the provisions of Section 5.80.100 and the subsequent refusal to comply with the instructions of the owner, agent and/or local contact person in order to remedy such violations, shall subject the primary occupant responsible party and his/her guests and/or other occupants to an immediate order to vacate the short-term vacation rental by the owner or local contact person in accordance with the provisions contained within the rental agreement.
f. The trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash or refuse on the exterior of the property.
g. Notification that the responsible party and/or occupant(s) may be cited or fined by the city and/or immediately evicted by the owner or agent pursuant to state law, in addition to any other remedies available at law, for creating a disturbance or for violating any provisions of this chapter.
h. Notification that failure to conform to the overnight occupancy requirements of the short-term vacation rental is a violation of this chapter.
i. Notification that amplified sound, including radios, televisions and other electronic devices are subject to the city's noise ordinance as set forth in Coachella Municipal Code Chapter 7.04.
j. A notification about the prohibition on illegal loud parties, along with notification of the city' s right to recover the costs of special enforcement needed to address certain loud parties under the circumstances described in Coachella Municipal Code Sections

7.05.010 through 7.05.060.

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k. A notification about the requirement that the occupant(s) participate in neighborhood quiet hours by avoiding parties and loud social events between the hours of 10:00 p.m. and 8:00 a.m. unless otherwise allowed by the permit administrator under subsection .100(E) of this chapter.
l. The name of the managing agency owner, agent, rental manager, or local contact person, or owner of the short-term vacation rental, and a telephone number at which each that party may be reached at all times.
m. A copy of the "good neighbor guidelines" which may from time to time be prepared and amended by the permit administrator. These guidelines may include location - specific information, such as local speed limits.
n. Notification that the property is part of the city of Coachella's short-term vacation rental program.
o. A copy of this chapter of the Coachella Municipal Code, as it may be amended from time to time.

2. The written rental agreement and documentation of compliance with this subparagraph subsection (HI) shall be maintained by the owner and/or agent for a period of three years and be made readily available upon request of the permit administrator or any police officer or employee of the city authorized to enforce this chapter or state law.

IJ. During the rental term of each short-term vacation rental, the owner, agent or local contact person shall be available by phone and in-person twenty-four (24) hours per day, seven days per week for the purpose of: (i) responding to the city and to the responsible party by telephone within fifteen (15) minutes of complaints regarding the occupancy, condition, operation or use of the short term vacation rental; (ii) responding in-person within forty-five (45) minutes to any additional or successive complaints regarding the occupancy, condition, operation or use short-term vacation rental; and (iii) taking action to resolve any complaint and/or correct any violation as set forth in subparagraph subsection (JK) of this Section 5.80.100.

JK. Upon receipt of a nuisance complaint or such other complaint or upon notification that any occupant and/or guest of the short-term vacation rental has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of this chapter, the Coachella Municipal Code or any state law, the owner, agent or the local contact person shall promptly respond to such complaint and take corrective action to remedy the complaint and prevent a recurrence of such conduct by those occupants or guests. For purposes of this paragraph,

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"promptly respond" shall mean a response by telephone to the responsible party within fifteen (15) minutes of the complaint whereby the responsible party is advised of the nature of the complaint and a correction of any violation is made and a physical presence at the premises of the short-term vacation rental within forty-five (45) minutes to any unresolved, additional or successive complaints regarding the occupancy, condition, operation or use short-term vacation rental whereby in which the primary occupant responsible party or other occupantcy is advised of the nature of the complaint and a correction of any violation is made, or if contact with the primary occupant or other occupancy is not required, the subject of the complaint is resolved, including the correction of any violation. If the nature of the violation involves an action that would take more than an hour, "promptly respond" shall mean notifying the permit administrator of the nature of the complaint and thereafter diligently pursuing to completion the correction of the violation. Failure of the owner, agent or the local contact person to promptly respond and/or to take timely corrective action regarding the occupancy, condition, operation, or use of the short-term vacation rental shall be a violation of this chapter and shall be grounds for the imposition of penalties as set forth in this chapter and/or revocation or suspension of the permit. An owner, agent or local contact person is not required or authorized to act as a peace officer or to intervene in situations that pose a risk to personal safety. The owner, agent or the local contact person shall keep and maintain a written log or other record of the nature of the complaint or violation and the date, and time of each complaint, disturbance, response and the corrective action taken. Such written log or record shall be readily available upon request of the city, including the permit administrator, and any police officer or employee of the city authorized to enforce this chapter or state law and shall be retained for a minimum of three years.

KL. The owner, agent and/or local contact person shall order the primary occupant responsible party and his/her guests and/or other occupants to immediately vacate the short-term vacation rental in accordance with provisions contained within the rental agreement if the primary occupant responsible party and/or guests or other occupants fail to comply with the maximum overnight occupancy limit and/or violate the provisions of this Section 5.80.100 chapter and subsequently refuse to comply with the instructions of the owner, agent and/or local contact person in order to remedy or correct the violation.

LM. The owner shall keep written records documenting compliance with all elements of the performance standards and the approved nuisance response plan. Such records shall be retained for a minimum of three years and shall be available during regular business hours upon request of the city, including the permit administrator, and any police officer or employee of the city authorized to enforce this chapter or state law.

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MN. The short-term vacation rental use shall not involve the use of commercial vehicles for the delivery of materials to and from the premises beyond those commercial vehicles normally associated with residential uses nor storage of delivered materials beyond those items which would normally be associated with a residential use of property.

NO. The operational requirements and performance standards may be modified by the permit administrator upon request of the owner or agent based upon site specific circumstances for the purpose of allowing reasonable accommodation of a shortterm vacation rental occupant as may be required by state or federal disability laws. All requests must be in writing and shall identify how the strict application of the standard conditions creates an unreasonable hardship to a property an occupant such that, if the requirement is not modified, reasonable use of the property for a short-term vacation rental by an occupant would not be allowed.

Any hardships identified must relate to physical constraints to the subject site and shall not be self-induced or economic. Any modifications of the standard conditions shall not further exacerbate an already existing problem.

O. The owner and/or the owner's authorized agent or representative shall comply with all provisions of Section 4.28.030 et. seq. of the Municipal Code concerning transient occupancy taxes, including, but not limited to, submission of a return in accordance with Section 5.80.070 of the Municipal Code, which shall be filed even if the vacation rental unit was not rented during each such reporting period.

P. The permit administrator shall have the authority to impose additional conditions on the use of any given short-term vacation rental unit to ensure that any potential secondary effects unique to the subject vacation rental unit are avoided or adequately mitigated.

Q. No radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or other any machine or device for the producing or reproducing of any sound may be operated on the vacation-rental property unless it is in compliance with the City’s Noise Ordinance.

R. The owner shall, at the owner’s expense, procure and maintain, for the duration of any permit, comprehensive general liability insurance with a limit of no less than $1,000,000 per occurrence to insure against claims for injuries to persons or damages to property which may arise from or in connection with rental or operation of a short term vacation rental. Such insurance shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

S. No accessory dwelling unit (ADU) may be rented as a short-term vacation rental in the city.

5.80.105 Payment of Transient Occupancy Taxes

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A. The owner and/or the agent is responsible for collecting and remitting transient occupancy tax to the city and shall comply with all provisions of Section 4.28.030 et. seq. of the Municipal Code concerning transient occupancy taxes, including, but not limited to, submission of a return in accordance with Chapter 4.28, which shall be filed even if the vacation rental unit was not rented during each such reporting period.

B. Beginning April 1, 2025, hosting platforms shall be responsible for collecting all applicable transient occupancy taxes and remitting the same to the city.

The hosting platform shall be considered an agent of the owner/host for purposes of transient occupancy tax collections and remittance pursuant to Chapter 4.28.

C. Owners and/or agents shall be responsible for submitting transient occupancy tax forms reporting nightly stays and gross receipts even if a hosting platform is remitting the taxes due on their behalf.

D. Permittees making two or more late submittals in a 12-month period shall not have their permit renewed upon expiration.

E. Owners shall provide all transient occupancy tax-related documents to the city within five (5) business days of the city’s written request, as more particularly set forth in Section 5.80.150. If any documents are not in the possession of an owner but are in the possession of an agent, the owner shall promptly request said documents from the agent within three (3) business days of the city’s written request and the documents shall be provided to the city within five (5) business days thereafter.

F. Timely payment of applicable transient occupancy taxes for a short-term vacation rental shall not excuse an owner’s noncompliance with any other provisions of this chapter and the city may impose fines or take other action as set forth in this chapter to address said noncompliance.

5.80.110. Terminating the use of a property as a short-term rental.

Where the owner of property used and occupied as a short-term vacation rental pursuant to a permit approved and issued in the manner provided for by this chapter determines to terminate such use and restore the property either to an owner-occupied residence or a long-term rental, the property owner shall promptly cause a notice of such determination/termination to be filed with the permit administrator. Once such notice is received by the city, the property shall not again be leased, offered for lease or otherwise occupied as a short-term vacation rental until a new permit is obtained by the owner.

5.80.120 Violations.

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A. It is unlawful and a violation of this chapter for any person or entity owning, renting, leasing, occupying or having charge, control or possession of any real or improved property within the city of Coachella to cause, permit, maintain or allow any violation of this chapter to exist thereon. Any person who violates any provision of this chapter is guilty of a misdemeanor. Such violation is punishable as set forth in Section 1.08 of this code. Each and every day, or portion thereof, that a violation of this chapter exists constitutes a separate and distinct violation.

B. Alternatively, this chapter may be enforced through the issuance of an administrative citation in accordance with Chapter 1.10 1.08 of this code, except that the fine for each separate violation shall be as follows: (1) an administrative fine in an amount not to exceed five hundred one thousand dollars ($5001,000.00) for the first citation; (2) an administrative fine an amount not to exceed seven hundred and fifty two thousand dollars ($7502,000.00) for a second citation issued for the same offense within a twelve-month period of the date of the first offense; and (3) an administrative fine in an amount not to exceed one three thousand dollars ($13,000.00) for a third and any subsequent citation issued for the same offense within a twelve-month period of the date of the first offense. Each and every day such a violation exists shall constitute a separate and distinct violation of this chapter.

C. Notwithstanding paragraph (b) Subsection (B) of this Section 5.80.120, operating a short term vacation rental without a valid permit shall be subject to an administrative fine in the following amounts: not to exceed one thousand dollars ($1,000.00) for each citation. (1) an administrative fine in an amount not to exceed one thousand five hundred dollars ($1,500.00) for the first citation; (2) an administrative fine in an amount not to exceed three thousand dollars ($3,000.00) for a second citation issued for the same offense within a twelvemonth period of the date of the first offense; and (3) an administrative fine in an amount not to exceed five thousand dollars ($5,000.00) for a third and any subsequent citation issued for the same offense within a twelve-month period of the date of the first offense. Each and every day such a violation exists shall constitute a separate and distinct violation of this chapter.

D. In addition to the foregoing, a violation of any provision of this chapter shall constitute a public nuisance and shall be subject to abatement by the city by means of a civil action or administrative abatement pursuant to Chapter 3.10 of this code, and each day such condition continues it shall be regarded as a new and separate offense.

E. This remedies provided for in this section are in addition to, and not in lieu of, all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this chapter.

5.80.130 Permit suspension, modification or revocation.

Item 22.

City of Coachella
Ordinance No. 1222

Ordinance No. 1222

A. In addition to any other remedy provided by this chapter, a permit issued pursuant to this chapter may be suspended, modified or revoked for any violations of this chapter, for violation of any other law on the premises of the short-term vacation rental, or for the maintenance of such other conditions as may be shown to be injurious to the public health and safety or if the applicant made any false, misleading or fraudulent statement of a material fact in the application for permit, or any report or record required to be filed pursuant to this chapter.

B. Prior to suspension, modification or revocation of a permit, a hearing shall be held thereon by the city manager permit administrator or a hearing officer designated by the city manager permit administrator or his designee. The permittee shall be notified in writing of the grounds for suspension, modification or revocation of the permit at least ten (10) days prior to the scheduled hearing. The decision of the permit administrator or hearing officer shall be rendered within five (5) days of the hearing. The decision shall be in writing, and shall set forth the findings and reasons for the decision. The decision of the permit administrator or hearing officer is final.

5.80.140 Specific violations. Hosting Platforms.

Any of the following acts or omissions arising out of the operation and use of a short term vacation rental is unlawful and constitutes a misdemeanor punishable as set forth in Section 1.08 of this code.

A. Rental, offering for rental, or advertising for rental of a dwelling unit located on any property within the city by the owner of the property as a short-term vacation rental without a permit authorizing such use that has been approved and issued in the manner required by this chapter.

B. Failure of the owner of a short-term vacation rental issued a permit in the manner required by this chapter or the owner's designated agent to respond to a nuisance complaint arising out of the occupancy and use of the short-term rental by a tenant, or the tenant's visitors or guests in the manner and within the time required by a nuisance response plan approved by the permit administrator incident to the issuance of such permit.

C. Failure of the owner of a short-term vacation rental issued a permit in the manner required by this chapter to keep a response plan required by the chapter on file with the permit administrator containing the name of the current person or persons responsible for responding to a nuisance complaint within the time required by this chapter.

D. Offering to rent or advertising for rent a short-term vacation rental without including in the offer or advertisement the city permit number applicable to the property in the form "Coachella Permit No._____" with the permit number printed in the same size type as the largest type used in the offer or advertisement.

Item 22.

City of Coachella
Ordinance No. 1222

Ordinance No. 1222

E. Failure to comply with or cause compliance with any performance standard listed in Section 5.80.100.

A. Subject to applicable laws, hosting platforms shall, upon written request by the city, promptly disclose to the city each short-term vacation rental located in the city that they list, the host ID, listing ID, and names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay.

B. A hosting platform shall promptly remove any listing upon receipt of a takedown notice from the city indicating that a listing violates applicable legal requirements.

C. A hosting platform is responsible for collecting and remitting transient occupancy taxes on behalf of their hosts in accordance with this Code, either directly to the City or through the owner/agent.

D. A hosting platform shall require all hosts to include a valid permit number in a designated field dedicated to the license number.

5.80.150 Records and Inspection.

Each owner or agent shall provide access to each short-term vacation rental and any records related to the use and occupancy of the short-term vacation rental to the city manager or his designee at any time during normal business hours, for the purpose of inspection or audit to determine that the objective and conditions of this chapter are being fulfilled.

5.80.160 Requirements not exclusive.

The requirements of this chapter shall be in addition to any license, permit or fee required under any other provision of the Coachella Municipal Code. The issuance of any permit pursuant to this chapter shall not relieve any person of the obligation to comply with all other provisions of the Coachella Municipal Code pertaining to the use and occupancy of the short-term vacation rental or the property on which it is located.”
SECTION 2. SEVERABILITY. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Item 22.

City of Coachella
Ordinance No. 1222

Ordinance No. 1222

SECTION 3. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days from its adoption.

SECTION 4. PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Coachella, pursuant to all legal requirements.

PASSED, APPROVED and ADOPTED this 26
th day of February 2025.
___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:

BEST, BEST & KRIEGER
___________________________________
City Attorney

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Ordinance No. 1222 was PASSED, APPROVED, AND ADOPTED by the City Council of the City of Coachella on the 26 th day of
February 2025.

AYES:

NOES:

ABSENT:

ABSTAIN:

Item 22.

City of Coachella
Ordinance No. 1222

Ordinance No. 1222

___________________________________
Delia Granados
Deputy City Clerk

Item 22.

STAFF REPORT
2/26/2025
TO: Honorable Mayor and City Council Members
FROM: Jaime Arroyo, Grants Manager
SUBJECT: Authorize the City Manager to Submit an Application to the Department of Parks and Recreation Office of Grants and Local Services for the Outdoor Recreation Legacy Partnership (ORLP) Grant Program in the Amount Not-to-Exceed Fifteen Million ($15,000,000) Dollars to Supplement the Rancho Las Flores Park Project STAFF RECOMMENDATION:

Staff recommends that the City Council considers authorizing the City Manager to submit an application to the Department of Parks and Recreation Office of Grants and Local Services for the Outdoor Recreation Legacy Partnership (ORLP) grant program in the amount not-to-exceed fifteen million ($15,000,000) dollars to supplement the Rancho Las Flores Park Project.

BACKGROUND:

On February 14, 1963, President Kennedy’s Administration proposed legislation to establish a "Land and Water Conservation Fund" to assist states in planning, acquisition, and development of recreation lands. With bipartisan support, President Johnson signed it into law on September 3, 1964, as Public Law 88- 578, 16 U.S.C.460l-4. The Land and Water Conservation Fund grants provide funding for the acquisition or development of land to create new outdoor recreation opportunities for the health and wellness of Californians. Since 1965, over one thousand parks throughout California have been created or improved with LWCF assistance.

The Outdoor Recreation Legacy Partnership program was established in 2014 and is funded through the LWCF. ORLP is a nationally competitive program targeting grant assistance to help economically disadvantaged urban communities with no, or almost no, access to publicly available, close-by, outdoor recreation. These investments enable urban communities to create new outdoor recreation spaces, reinvigorate existing parks, and form connections between people and the outdoors.

DISCUSSION/ANALYSIS:

The ORLP grant funds can be used for the acquisition and/or development of, or to substantially renovate public parks and other outdoor recreation spaces. The City of Coachella is proposing to

Item 23.
submit an application not to exceed $15 million for a development project to expand the existing Rancho Las Flores Park. The development application also allows funding for major support amenities, such as restrooms, parking lots, lighting and landscaping.

The application will supplement the City’s Statewide Park Development and Community Revitalization Prop 68 grant that it received from the Department of Parks and Recreation to expand Rancho Las Flores Park by constructing a new amphitheater, park lighting, parking lot, concrete pathways, playground, splash pad, flower garden with fountain, outdoor exercise equipment, restroom/concession building, perimeter sidewalks/landscaping, picnic area with BBQ, dog park, drinking fountains, trees and landscaping.

The Rancho Las Flores Park project is a strong competitive project for this application, as it aligns with many of the grant criteria requirements, such as the construction of several new outdoor recreation features, environmental design considerations, community-based planning, and local partnerships. Since the City’s initial award of the Statewide Park Development and Community Revitalization grant, construction costs have risen significantly due to inflation. The additional ORLP funding would help cover those costs and secure the park’s successful construction.

The current budget breakdown is as follows:

Funding Source Amount
Leveraging - Prop 68 Grant $ 8,454,600
Leveraging - Park DIF $ 268,100
ORLP Grant Request $ 8,380,676
Project Total $ 17,103,376

FISCAL IMPACT
There is a 50% minimum match requirement of the total project cost. The City will be leveraging funding from its Statewide Park Development and Community Revitalization Grant to match the 50% requirement.

ALTERNATIVES:

1. Authorize the City Manager to Submit an Application to the Department of Parks and Recreation Office of Grants and Local Services for the Outdoor Recreation Legacy Partnership (ORLP) Grant Program in the Amount Not-to-Exceed Fifteen Million ($15,000,000) Dollars to Supplement the Rancho Las Flores Park Project

2. Not Authorize the City Manager to Submit an Application to the Department of Parks and Recreation Office of Grants and Local Services for the Outdoor Recreation Legacy Partnership (ORLP) Grant Program in the Amount Not-to-Exceed Fifteen Million ($15,000,000) Dollars to Supplement the Rancho Las Flores Park Project

Item 23.