Indio City Council
June 1, 2022

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ORDINANCE NO. 1779
AN ORDINANCE OF THE CITY OF INDIO AMENDING CHAPTER 159
(ZONING REGULATIONS) OF THE INDIO MUNICIPAL CODE TO ALLOW

CANNABIS STOREFRONT RETAILER AND CANNABIS NON-

STOREFRONT RETAILER BUSINESSES IN COMMERCIAL LAND USE

DISTRICTS EXCEPT FOR THE NEIGHBORHOOD COMMERCIAL ZONE,

MIXED USE LAND USE DISTRICTS AND ON PROPERTIES REGULATED

BY A SPECIFIC PLAN OR PROJECT MASTER PLAN THAT PERMIT

COMMERCIAL LAND USES EXCLUDING ANY PROPERTIES
DESIGNATED AS NEIGHBORHOOD COMMERCIAL; AMENDING THE
SUBCHAPTER ENTITLED CANNABIS ACTIVITY (159.565 ET. SEQ.);

AND MAKING A DETERMINATION THAT THE ORDINANCE IS EXEMPT

FROM REVIEW UNDER CEQA PURSUANT TO CEQA GUIDELINES
SECTION 15061(B)(3)

THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings. Pursuant to Indio Municipal Code Section 159.875, the City Council the City Council hereby determines and makes the following finding: the proposed change to the zoning code set forth in this Ordinance is consistent with the objectives of Title XV (Land Usage) of the Indio Municipal Code. In addition, the proposed zoning code amendment is consistent with the City of Indio 2040 General Plan Land Use Element Policy LU-2.2 (Balanced Land Uses), Economic Development Policy ED-6.1 (New Retailers) and Economic Development Policy ED-6.2 (Retail Development).

Section 2.Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code is hereby amended by amending the title of the subchapter currently entitled “Cannabis Activity” and renaming said subchapter as “Commercial Cannabis.”
Section 3.Section 159.565 of Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code is hereby amended in its entirety to read as follows:
Ҥ 159.565. Permitted Commercial Cannabis Uses.

A. Definitions. The technical terms and phrases used in Sections 159.565 and 159.566 are defined in Section 123.06 of Chapter 123 (Cannabis Business Activities) of Title XI (Business Regulations) of the Indio Municipal Code.

B. Uses Permitted. Cannabis Storefront Retailer and Cannabis Non- Storefront Retailer businesses are permitted land uses in the following land use districts subject to the location requirements set forth herein:

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1. All commercial land use districts except on properties zoned Neighborhood Commercial.

2. All Mixed-Use land use districts.

3. On properties regulated by a Specific Plan or Project Master Plan that permit commercial land uses except for properties zoned or designated as Neighborhood Commercial within the applicable Specific Plan or Project Master Plan.

All other commercial cannabis activities are expressly prohibited.

C. Location Requirement. A Cannabis Storefront Retailer and Cannabis Non-Storefront Retailer shall be no closer than six hundred (600) feet from any zoned parcel in the City designated as a sensitive use pursuant to Indio Municipal Code Section 123.32(B)(2) or 250 feet from any church located in a residential zone, that is in existence at the time the Cannabis Business Permit is issued. The distance shall be determined by the horizontal distance measured in a straight line from the closest property line of the sensitive use to the closest property line of the lot on which the Cannabis Business is to be located, without regard to intervening structures.

D. Regulatory Permit Required. In order to operate in the areas set forth in paragraph B, a Cannabis Storefront Retailer and a Cannabis Non-Storefront Retailer must obtain and maintain at all times the following permits and licenses: a valid Cannabis Business Permit as required by Chapter 123 of the Indio Municipal Code; a valid business license from the City; and a valid State of California Seller’s Permit.” Section 4.Section 159.566 of Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code is hereby amended in its entirety to read as follows:
Ҥ 159.566. Personal Indoor Cultivation.

A. Notwithstanding Section 159.565, engaging in the indoor cultivation of six or fewer live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is a fully enclosed and secure structure, to the extent such cultivation is authorized by Cal. Health and Safety Code, §§ 11362.1 and 11362.2, as the same may be amended from time to time, is hereby permitted. The outdoor cultivation, however, of six or fewer live cannabis plants upon the grounds of a private residence is prohibited.” B. For purposes of this Section 159.566, the following definitions shall apply:
“Cultivation” shall mean any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of cannabis.
“Fully enclosed and secure structure” shall mean a space within a building, greenhouse or other structure which has a complete solid roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against

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unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors. “Indoor” shall mean within a fully enclosed and secure structure. “Outdoor” shall mean any location that is not within a fully enclosed and secure structure.”
“Private residence” shall mean a house, an apartment unit, a condominium unit, a mobile home or other similar dwelling that is lawfully used as a residence.” Section 5.Section 159.567 and Section 159.568 are hereby repealed in their entirety.

Section 6.The City Council, through an exercise of its independent judgement, finds and determines that this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Adoption of this Ordinance is covered by the commonsense exemption in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the Ordinance allows cannabis retailers as a permitted uses in commercial areas of the City including mixed use zones and in area regulated by a specific plan or project master plan that authorizes commercial land uses. These areas already allows for uses akin to cannabis retailers such as general retail outlets and drug stores and the like. Accordingly, the City Council directs City staff to file a Notice of Exemption.

Section 7. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 8.The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.

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PASSED, APPROVED, and ADOPTED this 1st day of June 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________

WAYMOND FERMON, MAYOR
ATTEST:
__________________________

CYNTHIA HERNANDEZ

CITY CLERK
APPROVED AS TO FORM:
__________________________

ROXANNE DIAZ

CITY ATTORNEY

AGENDA ITEM #8.15
Second Reading of Ordinance No. 1779 Amending Chapter 159 (Zoning Regula... Page 148 of 260 City of Indio
City Council
June 1, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Roxanne Diaz, City Attorney
Subject: Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title XI of the Indio Municipal to regulate and permit commercial cannabis activities in the City; and making a determination that the Ordinance is not subject to the Guidelines CEQA to pursuant Environmental Quality California Act 15060(c)(3)

RECOMMENDATION:

Adopt Ord inance No. 1780 adding a new Chapter 123 to Title XI of the Indio Municipal Code to regulate and permit commercial cannabis activities in the City, introduce the ordinance by title only and request the City Clerk to read the title.

SUMMARY:

Ordinance No. 1780 establishes a regulatory framework to permit commercial cannabis activities in the City. If adopted, the ordinance will permit only cannabis retail activity. Staff and the City’s consultant will return with proposed policies and procedures for the processing, review and selection of the applications at a later date. Separately, the City Council also has before it a related land use ordinance that establishes the locations in the City where retail commercial cannabis businesses are permitted.

BACKGROUND INFORMATION:

In the later part of 2021, the City Council requested that the City Manager bring forward the discussion on permitting cannabis uses in the City. To that end, the City engaged Hinderliter, De Llamas and Associates (“HdL”) to assist the City with the discussion and potential drafting of an ordinance. HdL is a leader in cannabis consulting services, providing jurisdictions in California, with assistance or development of regulations and/or ordinances, application process develo pment, application review, tax administration including audit services and other services related to the cannabis industry. HdL proceeded with meeting with staff in addition to providing an overview of the economic market conditions and approach to the Ci ty Council at various study sessions. The result is the proposed ordinance which has previously been reviewed with the Council and the Planning Commission for the City Council’s formal consideration.

Ordinance No. 1780 provides the regulatory framework for permitting commercial cannabis activities in the City. As proposed, the ordinance permits cannabis retail activity, establishes sensitive use buffers and establishes requirements regarding security, recordkeeping, signage, odor and customer access. This ordinance does not establish the locations where cannabis retail businesses can locate.

The location for such businesses is set forth in a separate land use ordinance that will also be reviewed AGENDA ITEM #8.16
Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 149 of 260 by the City Council at the May 18, 2022 meeting. This ordinance also does not establish the process by which applications for permits will be processed, reviewed or selected. This will be further delineated in a resolution to be adopted by the City Council at a later date as authorized by Section 123.13 of Ordinance No. 1780.

As stated above, this regulatory ordinance provides detailed general operating requirements in the following areas: odor control, age -verification, signage, background checks, record keeping and inventory tracking. In addition, hours of operation for the retail businesses are limited to 9:00 am through 9:00 p.m., seven days a week and no on -site consumption is allowed. The ordinance also contains detailed security requirements such as exterior lighting, alarm system, 24-hour video camera surveillance, panic buttons and requires the business owner to establish emergency response protocols. Last, each commercial cannabis business will be required to enter into an operating agreement with the City prior to opening that will include a negotiated public benefit fee and any other community benefits that is offered by the business.

Staff reviewed Ordinance No. 1780 and determined that as a regulatory ordinance, Ordinance No. 1780 is not subject to the California Environmental Quality Act (“C EQA”) as it is not a project as defined by CEQA.

ATTACHMENTS:

Attachment 1: Ordinance No. 1780

AGENDA ITEM #8.16
Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 150 of 260 1 ORDINANCE NO. 1780

AN ORDINANCE OF THE CITY OF INDIO ADDING A NEW CHAPTER
123 ENTITLED CANNABIS BUSINESS ACTIVITIES TO TITLE XI,

BUSINESS REGULATIONS, OF THE INDIO MUNICIPAL CODE TO

REGULATE COMMERCIAL CANNABIS USES IN THE CITY
THE CITY COUNCIL OF THE CITY OF INDIO DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 123 (Cannabis Activities) of Title XI (Business Regulations) of the Indio Municipal Code is hereby repealed in its entirety.

SECTION 2. A new Chapter 123 entitled “Cannabis Business Activities” is hereby added to Title XI (Business Regulations) of the Indio Municipal Code to read as follows:
“CHAPTER 123

CANNABIS BUSINESS ACTIVITIES
123.01 Title
123.02 Purpose and Intent
123.03 Legal Authority
123.04 Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter
123.05 Compliance with State and Local Laws and Regulations 123.06 Definitions
123.07 Cannabis Business Permit Required to Engage in Cannabis Business Activity
123.08 Cannabis Owners Criminal Background
123.09 Persons Prohibited from Holding a Permit
123.10 Maximum Number and Type of Authorized Cannabis Businesses Permitted
123.11 Community Benefits
123.12 City’s Reservation of Rights
123.13 Procedure Guidelines and Review Criteria to Evaluate Cannabis Business Permit Applications
123.14 Exercise of a Cannabis Business Permit
123.15 Abandonment of Permit
123.16 Reapplying for a Cannabis Business Permit
123.17 Term of a Cannabis Business Permit
123.18 Renewal of Cannabis Business Permits
123.19 Suspension, Revocation, or Modification of Permits 123.20 Effect of State License Suspension

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123.23 Appeals and Contents of Appeal
123.24 Appointment of Hearing Officer or Body
123.25 Appeal Hearing Process and Proceedings
123.26 Change in location; Updated Application Form
123.27 Transfer of Cannabis Business Permit
123.28 City Business License
123.29 Building Permits and Inspection
123.30 Authorization from the Community Development Director 123.31 Right to Occupy and to Use Property
123.32 Location and Design of Cannabis Businesses
123.33 Limitations on City’s Liability
123.34 Records and Recordkeeping
123.35 Security Measures
123.36 Fees and Charges
123.37 General Operating Requirements
123.38 Operating Requirements for Store Front Retail Facilities 123.39 Operating Requirements for Non-Store Front Retail (Delivery-Only) Facilities.
123.40 Store Front and Non-Store Front Retail Delivery Requirements. 123.41 Operating Requirements for Out-of-City Delivery Services 123.42 Permissible Delivery Locations and Customers
123.43 Promulgation of Regulations, Standards and Other Legal Duties 123.44 Community Relations
123.45 Fees Deemed Debt to the City
123.46 Permit Holder Responsible for Violations
123.47 Inspection and Enforcement
123.48 Violations Declared a Public Nuisance
123.49 No Vested Rights
123.01 Title.

This Chapter shall be known as the Cannabis Activities Ordinance of the City of Indio. 123.02 Purpose and Intent.

It is the purpose and intent of this Chapter to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) to accommodate the needs of medically-ill persons in need of cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to same. It is also the purpose and intent of this Chapter to provide access to adult-use cannabis for persons aged 21 and over as authorized by the MAUCRSA, while imposing sensible regulations on the use of land to protect the City’s residents, neighborhoods, and businesses from disproportionately negative impacts. It is the

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Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 152 of 260 3 purpose and intent of this Chapter to regulate the commercial sale and delivery of cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of the City and to enforce rules and regulations consistent with state law. 123.03 Legal Authority.

This Chapter is adopted pursuant to the authority granted to the City by Section 7 of Article XI of the California Constitution, Title 4, Division 19 of the California Code of Regulations, and the provisions of the MAUCRSA.
123.04 Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter.

Except as specifically authorized by this Chapter, the commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, sale, delivery, distribution, or transportation, of cannabis or cannabis products is expressly prohibited in the City. 123.05 Compliance with State and Local Laws and Regulations.

It is the responsibility of the owners and/or operators of any Commercial Cannabis Business within the City limits to ensure that they operate in a manner compliant with this Chapter, all applicable state and local laws, and any regulations promulgated thereunder, including but not limited to the MAUCRSA.
123.06 Definitions.
(A) “Applicant” means a person or entity that submits an application for a Cannabis Business Permit under this Chapter.
(B) “Cannabis” shall have the same meaning as that appearing in Business and Professions Code Section 26001(e).
(C) “Cannabis Products” shall have the same meaning as that appearing in Business and Professions Code Section 26001(h).
(D) “City” shall mean the City of Indio, California.
(E) “City Manager” shall mean the City of Indio City Manager or his or her designee. (F) “Commercial Cannabis Business” or “Cannabis Business” means any business or operation which engages in medicinal or adult-use commercial cannabis activity authorized by this Chapter.
(G) “Cannabis Business Permit” means a regulatory permit issued by the City pursuant to

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Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 153 of 260 4 this Chapter, to a Commercial Cannabis Business and is required before any commercial cannabis activity may be conducted in the City. The initial permit and annual renewal of a permit is made expressly contingent upon the business’ ongoing compliance with all of the requirements of this Chapter and any regulations adopted by the City governing the commercial cannabis activity at issue.
(H) “Cannabis Business Permittee” or “Permittee” means a person or entity that has received a Cannabis Business Permit from the City as authorized under this Chapter (I) Delivery shall have the same meaning as that appearing in Business and Professions Code Section 26001(o).
(J) “Dispensing” means any activity involving the retail sale of cannabis or cannabis products from a retailer.
(K) “Limited-access area” means an area in which cannabis is stored or held and is only accessible to a permittee and authorized personnel.
(L) “Medicinal cannabis” or “Medicinal cannabis product” shall have the same meaning as that appearing in Business and Professions Code Section 26001(ai). (M) “Non-Storefront retailer” is a subset of “Retailer” and is a permitted retail business that is closed to the public and provides product to customers solely by means of a delivery service which the retailer owns and controls.
(N) “Owner” means any of the following:
(1) A person with an aggregate ownership interest of 10 percent or more in the Commercial Cannabis Business, unless the interest is solely a security, lien or encumbrance.
(2) An individual who manages, directs, or controls the operations of the Commercial Cannabis Business, including but not limited to:
(a) A member of the board of directors of a nonprofit.
(b) A general partner of a Commercial Cannabis Business that is organized as a partnership.
(c) A non-member manager or manager of a Commercial Cannabis Business that is organized as a limited liability company.
(d) The trustee(s) and all persons who have control of the trust and/or the Commercial Cannabis Business that is held in trust.
(e) An individual with the authority to provide strategic direction and oversight for the overall operations of the Commercial Cannabis Business, such as the chief executive officer, president or their equivalent, or an officer, director,

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Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 154 of 260 5 vice president, general manager or their equivalent.
(f) An individual with the authority to execute contracts on behalf of the Commercial Cannabis Business.
(g) When an entity is an owner in a Commercial Cannabis Business, all entities and individuals with a financial interest in the entity shall be disclosed to the City and may be considered owners of the Commercial Cannabis Business.

For example, this includes all entities in a multi- layer business structure, as well as the chief executive officer, members of the board of directors, partners, trustees and all persons who have control of a trust and managing members or non-member managers of the entity. Each entity disclosed as having a financial interest must disclose the identities of persons holding financial interests until only individuals remain.
(O) “Package” means any container or receptacle used for holding cannabis or cannabis products.
(P) “Person” shall mean any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.
(Q) “Physician’s recommendation” shall have the same meaning as that appearing in Business and Professions Code Section 26001(ap).
(R) “Premises” all have the same meaning as that appearing in Business and Professions Code Section 26001(aq).
(S) “Retailer” or “Storefront Retailer” shall have the same meaning as that contained in Section 26070(a)(1) of the California Business and Professions Code. (T) “State license” means a permit or license issued by the State of California, or one of its departments or divisions, under the MAUCRSA and any subsequent related State of California legislation, to engage in cannabis activity. A state license alone will not authorize the holder to operate a Cannabis Business, as state law also requires a license or other authorization issued by a local jurisdiction.
(U) “Youth center” means any:
(1) Public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to:
(a) Private youth membership organizations or clubs,
(b) Social service teenage club facilities,
(c) Video arcades where 10 or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business, or

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(e) Must be used for youth activities at least 60 percent of the time in a calendar year.
(2) It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on City, county, or state parks.
(3) This definition shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor’s office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations.
123.07 Cannabis Business Permit Required to Engage in Cannabis Business Activity.

No person may engage in any Cannabis Business within the City, including cultivation, manufacture, processing, laboratory testing, distributing, dispensing, or sale of cannabis or a cannabis product, unless the person meets all of the following requirements:
(A) Possess a valid Cannabis Business Permit from the City; (B) Possess a valid business license from the City;
(C) Possess a valid State of California Seller’s Permit; and (D) Is currently in compliance with all applicable state and local laws and regulations pertaining to the Cannabis Business and the cannabis activities, including the duty to obtain any required state licenses.
123.08 Cannabis Owners Criminal Background.
(A) Any person who is an owner of a Cannabis Business must be legally authorized to do so under applicable state law.
(B) Cannabis Business owners shall be required to submit to a criminal background check for themselves. Business owners shall be required to complete a criminal background check prior to issuance or transfer of a Cannabis Business Permit. (C) The City shall conduct criminal background checks which must, at a minimum, identify the following:

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Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 156 of 260 7 (1) Whether the owner has ever been convicted of a violent felony as defined by California Penal Code 667.5 or equivalent offense in other states; (2) Whether the owner has ever been convicted of a serious felony, as defined by California Penal Code 1192.7 or equivalent offense in other states; (3) Whether the owner as ever been convicted of a felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor;
(4) Whether the owner has ever been convicted of a felony for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the Health and Safety Code; or
(5) Whether the owner has ever been convicted of a felony involving fraud, deceit, or embezzlement.
(D) Evidence of a conviction of any the offenses enumerated in Section 123.08(c) of this Code shall be grounds for denial or revocation of a Cannabis Business Permit. 123.09 Persons Prohibited from Holding a Permit.
(A) A person is prohibited from holding or maintaining a Cannabis Business Permit if any of the following apply:
(1) The applicant has been denied a cannabis license or permit, or has had a cannabis license or permit suspended or revoked by any city, county, city and county or any other state cannabis licensing authority; (2) The applicant was notified by the state, county, or city that it was conducting cannabis activity in violation of State law or City ordinances, codes, and requirements, and failed to cure the violation in a timely manner; (3) Evidence that the applicant is delinquent in payment of federal, state, or local taxes and/or fees, and took no steps to cure the delinquency when notified by the appropriate agencies;
123.10 Maximum Number and Type of Authorized Cannabis Businesses Permitted.

This section is intended to create a maximum number and types of Cannabis Businesses that may be issued permits to operate in the City.

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Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 157 of 260 8 (A) The following cannabis license types are authorized to operate in the City of Indio. (1) Cannabis Storefront Retailer.
(2) Cannabis Non-Storefront Retailer.
(B) Cannabis license types not identified in Section 123.10 (A) are prohibited from obtaining a Cannabis Business Permit in the City of Indio.
(C) The number of each type of Cannabis Business that shall be permitted to operate in the City shall be established by resolution by the City Council. (D) Notwithstanding Section 123.10 (C), the total number of allowable Cannabis Storefront Retail permits established by City Council resolution shall be no more than one (1) permit for every fifteen thousand (15,000) residents in the City of Indio, and no less than one (1) permit for every twenty-five thousand (25,000) residents in the City of Indio.

The population of the City of Indio shall be based on the official census population estimate, as periodically updated by the US Department of Commerce, Census Bureau. (E) Each year following the City’s initial award of permits, if any, or at any time in the City Council’s discretion, the City Council may reassess the number of Cannabis Business Permits which are authorized for issuance and make any changes by resolution. (F) The City Council, at its sole discretion, may determine that the number and/or types of Cannabis Business Permits should remain the same or be modified. 123.11 Community Benefits.
(A) The application Procedure Guidelines and Review Criteria, set forth in Section 123.13 of this Chapter, shall include a component on community benefits. (B) Any community benefits that a Cannabis Business agrees to provide shall be incorporated into the terms and conditions under which the Cannabis Business will operate with the City’s approval, if and when a Cannabis Business Permit is issued. Such terms and conditions shall be in addition to the requirements of this Chapter. 123.12 City’s Reservation of Rights.

The City reserves the right to reject any or all applications for a Cannabis Business Permit. Prior to permit issuance, the City may modify, postpone, or cancel any request for applications, at any time without liability, obligation, or commitment to any party, firm, or organization, to the extent permitted under California law. Persons submitting applications assume the risk that all or any part of the Cannabis Business Permit program, or any particular category of permit potentially authorized under this Chapter, may be cancelled at any time prior to permit

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Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 158 of 260 9 issuance. The City further reserves the right to request and obtain additional information from any candidate submitting an application. In addition to a failure to comply with other requirements in this Chapter, an application may be rejected for any of the following reasons:
(A) The application was received after the designated time and date of the deadline. (B) The application did not contain the required elements, exhibits, or was not organized in the required format.
(C) The application was considered not fully responsive to the request for a permit application, i.e. was substantially incomplete.
123.13 Procedure Guidelines and Review Criteria to Evaluate Cannabis Business Permit Applications.
(A) By resolution, the City Council shall adopt Procedure Guidelines and Review Criteria for the City’s evaluation of Cannabis Business permit applications and subsequent issuance. (B) The Procedure Guidelines shall provide the process for soliciting applications including time frames, limitations, requirements, forms, and rules for completing applications. (C) The Review Criteria shall include detailed instructions on the methodology to be used to evaluate applications on a point, or other evaluation system, tied to particular sets of criteria.
(D) The Review Criteria shall be used to determine which candidates will be eligible to proceed to the final selection process as determined by City Council resolution. (E) The City Manager shall be authorized to prepare any necessary forms and adopt any necessary rules to implement the Procedure Guidelines and Review Criteria. (F) At the time of filing, each applicant shall pay an application fee established by resolution of the City Council to cover all costs incurred by the City in the application process. (G) For applicants with ten or more employees, the applicant shall attest that the applicant will enter into a labor peace agreement as defined in Business and Professions Code Section 26001(y) and will abide by the terms of the agreement, and the applicant shall provide a copy thereof to the City. For applicants that have not yet entered into a labor peace agreement, the applicant shall provide a notarized statement indicating that within 30-days of cannabis permit from the City, the applicant will enter into and abide by the labor peace agreement.
123.14 Exercise of a Cannabis Business Permit.

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Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 159 of 260 10 (A) A Cannabis Business Permit shall be exercised within twelve (12) months of the final selection process, as defined by the Procedure Guideline and Review Criteria. A Cannabis Business Permit shall be considered exercised shall be when any of the following occur:
(1) A Certificate of Occupancy has been issued,
(2) The permitted use(s) has commenced on the site, and (3) A City Building Permit or Grading Permit is secured, and construction lawfully commenced.
(B) Failure to exercise a Cannabis Business Permit within the timeframe established in Section 123.14 (A) shall result in denial of the application. (C) The City Manager, in his/her sole discretion, may extend the timeframe established in Section 123.14 (A), if he/she determines that the applicant has made a good faith effort to exercise the Cannabis Business Permit within the defined timeframe. 123.15 Abandonment of Permit.

If the Cannabis Business has not been in regular and continuous operation in the preceding four (4) months at the permitted location, the Cannabis Business Permit shall be considered abandoned, unless mitigating circumstance occur which was beyond the control of the permittee and an extension has been authorized by the City Manager. 123.16 Reapplying for a Cannabis Business Permit.

If an applicant is denied a permit due to a disqualifying factors including, but not limited to, failing a background check or not complying with any state, or local jurisdictions regulatory requirements in which legal or administrative action has been taken, a new application may not be filed by the applicant for one (1) year from the date of the denial. This section shall not apply to an approved applicant not awarded a permit resulting from the City not selecting them for one of the permits in the application process.
123.17 Term of a Cannabis Business Permit.

All permits issued under the provisions of this chapter shall be effective for a period not to exceed one (1) year from the date of issuance. The City Manager may renew a permit through the procedures identified in Section 123.18 of this Code. 123.18 Renewal of Cannabis Business Permits.
(A) An application for renewal of a Cannabis Business Permit shall be filed by the Cannabis

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Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 160 of 260 11 Business Permittee at least sixty (60) calendar days prior to the expiration date of the current permit.
(B) The renewal application shall contain all the information required for new applications. (C) The applicant shall pay a fee in an amount to be set by the City Council to cover the costs of processing the renewal permit application, together with any costs incurred by the City to administer the program created under this Chapter. (D) An application for renewal of a Cannabis Business Permit may be rejected if any of the following exists:
(1) The application is filed less than sixty (60) days before its expiration or a shorter time period which shall be at the discretion of the City Manager. (2) The Cannabis Business Permit is suspended or revoked at the time of the application.
(3) The Cannabis Business has not been in regular and continuous operation in the four (4) months prior to the renewal application or the approved extension of the deadline from the City Manager.
(4) The Cannabis Business has failed to conform to the requirements of the Cannabis Business Permit or this Chapter or any regulations adopted pursuant to this Chapter.
(5) The permittee fails or is unable to renew its State of California license. (6) If the state has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of the state rules and regulations and the state has determined that the violation is grounds for termination or revocation of the Cannabis Business Permit.
(7) Violation of Section 123.08 of this Code.
(E) The City Manager is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the City Manager is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety, or welfare. Appeals from the decision of the City Manager shall be handled pursuant to this Chapter.
(F) If a renewal application is denied, a person may file a new application pursuant to this Chapter not sooner than one (1) year from the date of the denial.

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Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 161 of 260 12 123.19 Suspension, Revocation or Modification of Permits.

Cannabis Business Permits may be suspended, revoked or modified for any violation of this Chapter, any state or local laws, rules, and/or any standards, policies, procedures, or regulations adopted pursuant to this Chapter relating to Cannabis Businesses. A decision of the City to suspend, revoke or modify a Cannabis Permit is appealable as set forth in this Chapter.
123.20 Effect of State License Suspension.

Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the Cannabis Business Permit of the Cannabis Business. If the State of California or its respective department or division reinstates or reissues the State license, the Cannabis Business may seek reinstatement of its Cannabis Business Permit if the business can demonstrate that the grounds for revocation of the license by the state no longer exist or that the underlying deficiency has otherwise been cured. Any Cannabis Business Permittee shall inform the City of any suspension of a state license.

123.21 Effect of State License Revocation or Termination.

Revocation or termination of a license issued by the State of California, or by any of its departments or divisions, shall immediately revoke or terminate the Cannabis Business Permit of the Cannabis Business. Any Cannabis Business Permittee shall inform the City of any revocation or termination of a state license.
123.22 Appeals.

Appeals relating to denial of an application; to revoke, suspend or modify a permit; to deny renewal of an application for a permit; or to add conditions to a permit shall be conducted as prescribed in this Chapter.
123.23 Appeals and Contents of Appeal
(A) Within ten (10) calendar days after service of the notice of the decision of the City to deny advancement to the final selection process; to revoke, suspend or modify a permit; to deny a renewed application for a permit; or to add conditions to a permit, an applicant or permittee may appeal such action by filing a written appeal with the City Clerk setting forth the reason why the decision was not proper. For appeals of a denial of an application prior to the final decision process, reasons shall be stated with specificity and shall address the issues outlined in Section 123.24 (A). Date of service shall mean the date when a notice or written decision was personally delivered to the applicant or permittee or the date when the notice was caused to be delivered by certified, first class mail. In cases in which the city can verify delivery of a notice to an applicant or in which an applicant is documented as refusing delivery, lack of receipt of

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Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 162 of 260 13 the notice cannot form the basis for an appeal.
(B) The Notice of Appeal shall be in writing and signed by the person making the appeal (“Appellant”), or their legal representative, and shall contain the following:
(1) Name, address, and telephone number of the appellant. (2) Specify decisions, actions, or a particular part thereof, made that are the subject of the appeal.
(3) Include a true and correct copy of the notice issued by the City Manager for which the appellant is appealing.
(4) State with specificity the reasons and grounds for making the appeal, including, but not limited to, a statement of facts upon which the appeal is based in sufficient detail to enable the City Council, or any appointed hearing officer, to understand the nature of the controversy, the basis of the appeal, and the relief requested. (5) All documents or other evidence pertinent to the appeal that the appellant requests the hearing officer or body to consider at the hearing. (6) An appeal fee as established by Resolution of the City Council. (A) Failure of the City Clerk to receive a timely appeal constitutes a waiver of the right to appeal the notice issued by the City Manager. In this event, the City Manager’s notice of revocation, nonrenewal, or suspension shall be final.
(B) In the event a written Notice of Appeal is timely filed, the nonrenewal, suspension, or revocation shall not become effective until a final decision has been rendered and issued by the City Council or appointed hearing officer. Notices of appeal not served in a timely manner or served by non-operational business shall not serve to allow such business to operate pending appeal.
(C) If no appeal is timely filed in the event of a decision of nonrenewal, the Cannabis Businesses Permit shall expire at the conclusion of the term of the permit. If no appeal is timely filed in the event of a decision supporting suspension or revocation, the suspension or revocation shall become effective upon the expiration of the period for filing a written Notice of Appeal.
123.24 Appointment and Scope of Hearing Officer or Body. (A) Denial of Application Prior to Final Decision Process. The City Manager, or an appointed hearing officer, as set forth by City Council Resolution, will hear appeals that address the following issues:

AGENDA ITEM #8.16
Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 163 of 260 14 (1) Any deviation from the City’s published Procedure Guidelines and Review Criteria that adversely affected the applicant by altering the outcome of the City’s decision on the application. Examples of appealable deviations include, but are not limited to:
i. Failure on the part of the City to provide appropriate notification regarding changes to the application process via website postings and/or email to the applicant prior to the time the application was submitted; ii. Failure on the part of the City to provide an applicant an equal opportunity to modify an application where that opportunity was provided to other applicants;
iii. Failure on the part of the City to correctly apply the Review Criteria, as established by City Council resolution, in reviewing the application; (2) Any appeal based upon this section must be supported by a preponderance of the evidence that the applicant presented the relevant information with completeness and in the appropriate section of the application. Information presented in the application that is incomplete in nature or that is relevant to a question posed by the City on the application form but appears in the incorrect section, even if complete, may be grounds for the dismissal of the appeal. (B) All Other Appeals. The City Council, or an appointed hearing officer or body, as set forth by City Council Resolution, shall hear appeals relating the denial of a renewed application, revocation, suspension or modification a permit, or addition of conditions to a permit.
(C) Notwithstanding Section 123.24 (A) (1), an applicant that is eligible to participate in the final selection process, as set forth in the Procedure Guidelines and Review Criteria, but is not selected during the final selection process, shall not be eligible to appeal the outcome of the process.
123.25 Appeal Hearing Process and Proceedings.
(A) Review by City Council, City Manager, Appointed Hearing Officer or Body. (1) Appellants who file a timely written Notice of Appeal will be entitled to an administrative hearing before the City Council, City Manager, hearing officer or body, as set forth by the City Council by Resolution.
(2) Upon receipt by the City Clerk of a timely-filed Notice of Appeal, the City Clerk shall forward such appeal to the hearing officer who shall schedule a hearing

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Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 164 of 260 15 within thirty days (30) days. In the event such hearing cannot be heard within that time period or a mutually agreed upon time with the appellant, then the City Clerk shall schedule the appeal to be heard within forty-five (45) days or as reasonably possible.
(3) The appellant(s) listed on the written Notice of Appeal shall be notified in writing of the date, time, and location of the hearing at least ten (10) days before the date of the hearing (“Notice of Appeal Hearing”).
(4) A request by an appellant or by the City to continue a hearing must be submitted to the City Clerk in writing no later than three (3) business days before the date scheduled for the hearing. The City Council, City Manager, appointed hearing officer or body may continue a hearing for good cause or on its own motion; however, in no event may the hearing be continued for more than thirty (30) calendar days, unless there is a stipulation by all parties to do so. (B) At the date, time and location set forth in the Notice of Appeal Hearing, the City Council, City Manager, appointed Hearing Officer or body shall hear and consider the testimony of the appellant(s), City staff, and/or their witnesses, as well as any documentary evidence properly submitted for consideration.
(C) The following rules shall apply at the appeal hearing:
(1) Appeal hearings are informal, and formal rules of evidence and discovery do not apply. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, collateral, undue, and repetitious testimony may be excluded.
(2) The City bears the burden of proof to establish the grounds for nonrenewal, suspension, revocation, modification of the permit, or adding conditions to the permit by a preponderance of evidence. Appellant(s) bear the burden of proof regarding denial of an application or denial of advancement to the final selection process established by the City Council.
(3) The issuance of the City’s notice constitutes prima facie evidence of grounds for the denial, nonrenewal, suspension or revocation.
(4) The hearing officer or body may accept and consider late evidence not submitted initially with the Notice of Appeal upon a showing by the appellant of good cause.

The hearing officer or body shall determine whether a particular fact or set of facts amount to good cause on a case-by-case basis.
(5) The appellant may bring a language interpreter to the hearing at their sole expense.

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Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 165 of 260 16 (6) The City may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording. If the appellant requests from the City that a court reporter, stenographer, or videographer be used, appellant shall bear the costs of same and shall deposit such fees prior to commencement of the administrative hearing.
(D) If the appellant, or their legal representative, fails to appear at the appeal hearing, the City Council, City Manager, appointed hearing officer or body, may cancel the appeal hearing and send a notice thereof to the appellant by certified, first class mail to the address(es) stated on the Notice of Appeal. A cancellation of a hearing due to non- appearance of the appellant shall constitute the appellant’s waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the City’s notice of decision is final and binding.
(E) Final Decision. Following the conclusion of the hearing, the City Council, City Manager, appointed hearing officer or body shall issue a written decision within twenty (20) days which (i) determines if the action appealed from is affirmed or overturned and (ii) specifies the reasons for the decision.
(F) The written decision of the City Council, City Manager, appointed hearing officer or body shall provide that it is final and conclusive and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review. (G) A copy of the written decision shall be served by certified, first class mail on the appellant. If the appellant is not the owner of the real property in which the Cannabis Business is located, or proposed to be located, a copy of the final decision may also be served on the property owner by first class mail to the address shown on the last equalized assessment roll. Failure of a person to receive a properly addressed final decision shall not invalidate any action or proceeding by the City pursuant to this Chapter.
123.26 Change in Location; Updated Application Form.
(A) Any time the business location specified in the regulatory permit is changed, the permittee shall submit an updated application form to the City Manager for approval prior to the change in location. The process and the fees for the processing of the application form shall be the same as the process and fees set forth in Sections 123.18 and 123.27.
(B) Within fifteen (15) calendar days of any other change in the information provided in the updated application form or any change in status of compliance with the provisions of this Chapter, including any change in the Cannabis Business ownership or management members, the applicant shall file an updated application form with the City Manager for

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Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 166 of 260 17 review along with an application amendment fee.
123.27 Transfer of Cannabis Business Permit.
(A) The owner of a Cannabis Business Permit shall not transfer ownership or control of the permit to another person or entity unless and until the transferee obtains an amendment to the permit from the City Manager stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City Manager in accordance with the provisions of this Chapter (as though the transferee were applying for an original Cannabis Business Permit). The proposed transferee’s application shall be accompanied by a transfer fee in an amount set by resolution of the City Council (or if not set, shall be the same amount as the application fee). The transferee’s application will be treated as a new application, and will be evaluated according to procedures adopted by the City Manager, pursuant to Section 123.43.
(B) Cannabis Business Permits issued through the grant of a transfer by the City Manager shall be valid for a period of one year beginning on the day the City Manager approves the transfer of the permit. Before the transferee’s permit expires, the transferee shall apply for a renewal permit and pay the appropriate fee in the manner required by this Chapter.
(C) A Cannabis Business Permit shall not be transferred when the City has notified the permittee in writing that the permit has been or may be suspended or revoked. (D) Any attempt to transfer a Cannabis Business Permit either directly or indirectly in violation of this section is hereby declared a violation of the permit and this Chapter.

Such a purported transfer shall be deemed a ground for revocation of the permit. 123.28 City Business License.

Prior to commencing operations, a Cannabis Business shall obtain a City of Indio business license.
123.29 Building Permits and Inspection.

Prior to commencing operations, a Cannabis Business permittee shall be subject to a mandatory building inspection and must obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permit(s), Fire Department approvals, Police Department approval, Code Enforcement, Planning, and County Health Department approvals, and any other applicable zoning and land use permit(s) and approvals. 123.30 Authorization from the Community Development Director.

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Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 167 of 260 18 Prior to commencing operations, a Cannabis Business must obtain authorization from the Community Development Director certifying that the business is located on a site that meets all of the requirements of Sections 123.29, 123.31 and 123.32 of this Code. 123.31 Right to Occupy and to Use Property.

Prior to the City ’s issuance of a Cannabis Business Permit pursuant to this Chapter, any person intending to open and to operate a Cannabis Business shall first provide sufficient evidence of the legal right to occupy and to use the proposed location. If the proposed location will be leased from the property owner, the applicant shall be required to provide a signed and notarized statement from the owner of the property, acknowledging that the property owner has read this Chapter and consents to the operation of the Cannabis Business on the owner’s property.
123.32 Location and Design of Cannabis Businesses.

(A) A Cannabis Business must meet land use and building standards pursuant to Title 15 of this Code, including:
(1) Conform with the City ’s general plan, any applicable specific plan, master plan, and design requirements.
(2) Comply with all applicable zoning and related development standards. (3) Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties.
(B) A Cannabis Business must meet the following rules relating to proximity to sensitive uses:
(1) Shall be no closer than six hundred (600) feet from any zoned parcel in the City designated as a sensitive use under Section 123.32 (B) (2) or 250 feet from any church located in a residential zone, that is in existence at the time the permit is issued. The distance shall be determined by the horizontal distance measured in a straight line from the closest property line of the sensitive use to the closest property line of the lot on which the Cannabis Business is to be located, without regard to intervening structures.
(2) Sensitive uses include:
(a) A school providing instruction in kindergarten or any grades 1 through 12, (whether public, private, or charter, including pre-school, transitional

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Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 168 of 260 19 kindergarten, and K-12).
(b) A commercial daycare center licensed by the State, County or City. (c) A Youth Center.
123.33 Limitations on City’s Liability.

To the fullest extent permitted by law, the City of Indio shall not assume any liability whatsoever with respect to having issued a Cannabis Business Permit pursuant to this Chapter or otherwise approving the operation of any Cannabis Business. As a condition to the approval of any Cannabis Business Permit, the applicant shall be required to meet all of the following conditions prior to receiving the Cannabis Business Permit:
(A) Execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant’s sole cost and expense), and hold the City of Indio, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City ’s issuance of the Cannabis Business Permit, the City ’s decision to approve the operation of the Cannabis Business or activity, the process used by the City in making its decision, or the alleged violation of any federal, state or local laws by the Cannabis Business or any of its officers, employees or agents. (B) Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the City’s Risk Manager. (C) Reimburse the City for all costs and expenses, including but not limited to legal fees and court costs, which the City may be required to pay as a result of any legal challenge related to the City’s approval of the applicant’s Cannabis Business Permit or related to the City ’s approval of a cannabis activity. The City, at its sole discretion, may participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of any of the obligations imposed hereunder. 123.34 Records and Recordkeeping.
(A) Each owner and operator of a Cannabis Business shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities for a period not less than seven (7) years. On no less than an annual basis (at or before the time of the renewal of a Cannabis Business Permit issued pursuant to this Chapter), or at any time upon reasonable request of the City, each Cannabis Business shall file a sworn statement detailing the number and amount of sales by the Cannabis Business during the previous twelve-month period (or shorter period based upon the timing of the request), provided on a per-month basis.

The statement shall also include gross sales for each month, and all applicable taxes

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Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 169 of 260 20 and/or fees paid or due to be paid. On an annual basis, each owner and operator shall submit to the City a financial audit of the business’s operations conducted by an independent certified public accountant. Each permittee shall be subject to a regulatory compliance review and a gross receipts financial audit, where applicable, as determined by the City.
(B) Each owner and operator of a Cannabis Business shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the Cannabis Business, and separately of all the officers, managers, employees, agents, and volunteers currently employed or otherwise engaged by the Cannabis Business. The register required by this paragraph shall be provided to the City Manager upon request. (C) All Cannabis Businesses shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing and production or manufacturing, laboratory testing processes until purchase as set forth in the MAUCRSA. 123.35 Security Measures.
(A) A Cannabis Business permittee shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products and to deter and prevent the theft of cannabis or cannabis products at the Cannabis Business. Except as may otherwise be determined by the City Manager, these security measures shall include, but shall not be limited to, all of the following:
(1) Perimeter fencing and exterior lighting systems (including motion sensors) for after-hours security as approved by the Chief of Police and/or the Community Development Director were applicable.
(2) Preventing individuals from remaining on the premises of the Cannabis Business if they are not engaging in an activity directly related to the permitted operations of the Cannabis Business. In cases in which the individual will not voluntarily leave the premises, the cannabis employee shall contact the Police Department. (3) Establishing limited access areas accessible only to authorized Cannabis Business personnel.
(4) Installing 24-hour security surveillance cameras of at least high-definition (HD) quality to monitor all entrances and exits to and from the premises, all interior spaces within the Cannabis Business which are open and accessible to the public, all interior spaces where cannabis, cash, or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur. All cameras shall record in color. All exterior cameras shall be in

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Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 170 of 260 21 weather-proof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions. The Cannabis Business shall be responsible for ensuring that the security surveillance camera’s footage is remotely accessible by the City Manager, and that it is compatible with the City ’s software and hardware. In addition, if required, remote and real-time, live access to the video footage from the cameras shall be provided to the Chief of Police at the expense of the permittee. Video recordings shall be maintained for a minimum of ninety (90) days and shall be made available to the Chief of Police upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the Cannabis Business and shall be capable of enlargement via projection or other means. Internet Protocol address information shall be provided to the Police Department by the Cannabis Business, to facilitate remote monitoring of security cameras by the Department or its designee. Each business shall have network security protocols that are certified by Underwriters Laboratories.
(5) Sensors shall be installed to detect entry and exit from all secure areas and shall be monitored in real time by a security company licensed by the State of California Bureau of Security and Investigative Services.
(6) Panic buttons shall be installed in all Cannabis Businesses with direct notification to the Police Department dispatch and shall be configured to immediately alert dispatch for the Police Department.
(7) Having a professionally installed, maintained, and monitored real-time alarm system by a security company licensed by the State of California Bureau of Security and Investigative Services. The permittee shall be required to obtain an alarm permit from the Police Department.
(8) Any security measures, such as bars, installed on the windows or the doors of the Cannabis Business shall be installed only on the interior of the building. (9) Security personnel shall be on-site 24 hours a day or alternative security as authorized by the City Manager and must have a security patrol when closed.

Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the City Manager, with such approval not to be unreasonably withheld.
(10) Each Cannabis Business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.

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Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 171 of 260 22 (11) Each Cannabis Business shall have an accounting software system in place to provide point of sale data as well as audit trails of both product and cash, where applicable.
(12) Each Cannabis Business shall demonstrate to the Chief of Police, City Manager or their designees, compliance with the state’s track and trace system for cannabis and cannabis products.
(13) Each Cannabis Business shall have a professionally installed video surveillance system, access control and intrusion alarm systems designed to protect the inventory, facility, and employees. Each business shall have network security protocols that are certified by Underwriters Laboratories. (14) Exterior vegetation shall be planted, altered and maintained in a fashion that precludes its use as a hiding place for persons on the premises. (15) Emergency access and emergency evacuation plans that are in compliance with state and local fire safety standards.
(B) Each Cannabis Business shall identify a designated security representative/liaison to the City, who shall be reasonably available to meet with the City Manager regarding any security related measures and/or operational issues. The designated security representative/liaison shall, on behalf of the Cannabis Business, annually maintain a copy of the current security plan on the premises of the business, to present to the City Manager upon request that meets the following requirements:
(1) Confirms that a designated Manager will be on duty during business hours and will be responsible for monitoring the behavior of employees. (2) Identifies all Managers of the Cannabis Business and their contact phone numbers. (3) Confirms that first aid supplies and operational fire extinguishers are located in the service areas and the Manager’s office.
(4) Confirms that burglar, fire, and panic alarms are operational and monitored by a licensed security company 24 hours a day, seven days a week, and provides contact information for each licensed security company. (5) Identifies a sufficient number of licensed, interior, and exterior security personnel who will monitor individuals inside and outside the Cannabis Business, the parking lot, any adjacent property under the business’ control, and ensure that the parking lot is cleared of employees and their vehicles one-half hour after closing.

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Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 172 of 260 23 (C) As part of the application and licensing process each Cannabis Business shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, any hazardous materials that may be used by the business, and any currency. (D) The Cannabis Business shall cooperate with the City whenever the City Manager makes a request, with or without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this Chapter. (E) A Cannabis Business shall notify the City Manager within twenty-four (24) hours after discovering any of the following:
(1) Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the City Manager. (2) Diversion, theft, loss, or any criminal activity involving the Cannabis Business or any agent or employee of the Cannabis Business.
(a) The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the Cannabis Business.
(b) Any other breach of security.
(F) Compliance with the foregoing requirements shall be verified by the City Manager prior to commencing business operations. The City Manager may supplement these security requirements once operations begin, subject to review by the City Manager if requested by the business owner.
123.36 Fees and Charges.
(A) No person may commence or continue any cannabis activity in the City, without timely paying in full all fees and charges required for the operation of a Cannabis Business.

Fees and charges associated with the operation of a cannabis activity shall be established by resolution of the City Council which may be amended from time to time. (B) All Cannabis Businesses authorized to operate under this Chapter shall pay all sales, use, business and other applicable taxes, and all license, permit, registration, and other fees required under federal, state, and local law. Each Cannabis Business shall cooperate with the City with respect to any request to audit the Cannabis Business’ books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes or fees required to be paid during any period.
(C) Prior to operating in the City and as a condition of issuance of a permit, the operator of

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Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 173 of 260 24 each cannabis facility shall enter into an operational and/or community benefit agreement with the City setting forth the terms and conditions under which the cannabis facility will operate that are in addition to the requirements of this Chapter, including, but not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety and welfare. 123.37 General Operating Requirements.
(A) Cannabis Businesses may operate only during the hours specified in the Cannabis Business Permit issued by the City.
(B) Restriction on Sales and Consumption. No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages or tobacco on or about the premises of the Cannabis Business.
(C) No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a Cannabis Business Permit, or on any of the vehicles owned or used as part of the Cannabis Business. No outdoor storage of cannabis or cannabis products is permitted at any time. (D) Reporting and Tracking of Product and of Gross Sales. Each Cannabis Business shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the Cannabis Business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the City. The Cannabis Business shall ensure that such information is compatible with the City ’s record-keeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the City Manager prior to being used by the permittee.
(E) All cannabis and cannabis products sold, distributed, or manufactured shall be cultivated, manufactured, and transported by state licensed facilities that maintain operations in full conformance with the State and local regulations. (F) Emergency Contact. Each Cannabis Business shall provide the City Manager with the name, telephone number (both land line and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day. (G) Signage and Notices.
(1) In addition to the requirements otherwise set forth in this section, business identification signage for a Cannabis Business shall conform to the requirements of Chapter 150 Billboards and Signs, including, but not limited to, seeking the

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Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 174 of 260 25 issuance of a City sign permit.
(2) No signs placed on the premises of a Cannabis Business shall obstruct any entrance or exit to the building or any window.
(3) Each entrance to a Cannabis Business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the Cannabis Business is prohibited. (4) Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No Cannabis Business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the Cannabis Business or elsewhere including, but not limited to, the public right-of-way.
(5) Signage shall not depict any image of cannabis or cannabis products. No banners, flags, snipe signs, billboards, or other prohibited signs may be used at any time. (6) In accordance with state law and regulations or as stipulated in the City’s Cannabis Business Permit, holders of a Cannabis Business Permit shall agree that, as an express and ongoing condition of permit issuance and subsequent renewal, the holder of the permit shall be prohibited from advertising any Cannabis Business located in the city limits utilizing a billboard (fixed or mobile), bus shelter, placard, aircraft, or other similar forms of advertising. This paragraph is not intended to place limitations on the ability of a Cannabis Business to advertise in other legally authorized forms, including on the internet, in magazines, or in other similar ways.
(H) Minors.
(1) Persons under the age of twenty-one (21) years shall not be allowed on the premises of a Cannabis Business and shall not be allowed to serve as a driver for a mobile delivery service. It shall be unlawful and a violation of this Chapter for any person to employ any person at a Cannabis Business who is not at least twenty- one (21) years of age.
(2) The entrance to the Cannabis Business shall be clearly and legibly posted with a notice that no person under the age of twenty-one (21) years of age is permitted to enter upon the premises of the Cannabis Business.
(3) Notwithstanding Section 123.37(h)(1), persons aged 18 to 20 years shall be allowed on the premises of a Cannabis Business if they can produce a physician’s recommendation. In that event, such persons can lawfully purchase cannabis for

AGENDA ITEM #8.16
Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 175 of 260 26 the sole purpose of addressing the medical need that is the subject of the physician’s recommendation.
(I) Odor Control. Odor control devices and techniques shall be incorporated in all Cannabis Businesses to ensure that odors from cannabis are not detectable off-site. Cannabis Businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the Cannabis Business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of- way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the Cannabis Business. As such, Cannabis Businesses must install and maintain the following equipment, or any other equipment which the Community Development Director or his/her designee(s) determine is a more effective method or technology:
(1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;
(2) An air system that creates negative air pressure between the Cannabis Business’s interior and exterior, so that the odors generated inside the Cannabis Business are not detectable on the outside of the Cannabis Business. (J) Display of Permit and City Business License. The original copy of the Cannabis Business Permit issued by the City pursuant to this Chapter and the City issued business license shall be posted inside the Cannabis Business in a location readily visible to the public. (K) Background Check. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which authorizes City authorities to access state and local summary criminal history information for cannabis employment, licensing, or certification purposes and authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every person listed as an owner must submit fingerprints and other information deemed necessary by the Chief of Police or his/her designee(s) for a background check by the City of Indio Police Department.

Pursuant to California Penal Sections 11105(b)(11) and 13300(b)(11), which requires that there be a requirement or exclusion from cannabis employment, licensing or certification based on specific criminal conduct on the part of the subject of the record, no person shall be issued a permit to operate a Cannabis Business unless they have first cleared the background check, as determined by the Chief of Police or his/her designee(s), as required by this section. A fee for the cost of the background investigation, which shall be the actual cost to the City of Indio to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a Cannabis Business Permit is submitted. Evidence of a conviction of any of the offenses enumerated in Business and Professions Code Section

AGENDA ITEM #8.16
Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 176 of 260 27 26057(b)(4), absent a Certificate of Rehabilitation, shall be grounds for immediate disqualification of the applicant.
(L) Loitering. The owner and/or operator of a Cannabis Business shall prohibit loitering by persons outside the facility both on the premises and within fifty (50) feet of the premises. The Cannabis Business shall notify the Police Department if anyone continues to loiter around the building or premises after all reasonable action has been taken to remove the individual(s) and the action has failed to do so in a timely manner. (M) Permits and other Approvals. Prior to the establishment of any Cannabis Business or the operation of any such business, the person intending to establish a Cannabis Business must first obtain all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such Cannabis Business intends to establish and to operate pursuant to Section 123.32 and all applicable requirements in this Chapter. (N) Each cannabis operator shall establish minimum training standards for all employees.

The City Manager shall have the discretion to require other training for the business operations should the City identify deficiencies or non-compliance issues with City or state requirements.
123.38 Operating Requirements for Store Front Retail Facilities. (A) No more than the number of cannabis retailers adopted by Council resolution may operate within the City at any one time and shall be issued a permit by the City. (B) Retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not under the age of eighteen (18) years. If the potential customer is 18 to 20 years old, retailer shall confirm the customer’s possession of a valid doctor's recommendation and/or Health and Safety Code Section 11362.71 identification card (Medical Marijuana Card). For adult-use purchases, retailers shall verify that all customers are 21 years of age or older for the purchase of cannabis or cannabis products.
(C) Individuals must show their government-issued identification, and, in the case of medical cannabis facilities, their physician’s recommendation, or a cannabis card issued pursuant to Health and Safety Code Section 11362.71 in order to gain access into the retailer. The government-issued identification and, if applicable, doctor’s recommendation or cannabis card must also be shown at the point-of-sale station at the time of purchase. Doctor recommendations are not to be obtained or provided at the retail location.
(D) Uniformed licensed security personnel shall be employed to monitor site activity,

AGENDA ITEM #8.16
Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 177 of 260 28 control loitering and site access, and to serve as a visual deterrent to unlawful activities.

Security personnel may be allowed to carry firearms if authorized by the Chief of Police. (E) Retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on-site in the retail sales area of the retailer.

Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access.
(F) All restroom facilities shall remain locked and under the control of management. (G) Permitted Store Front Retailers are authorized to conduct cannabis sales by delivery, pursuant to the requirements set forth in Section 123.40. (H) Retailers authorized to conduct retail activities shall only serve customers who are within the permitted premises, or at a delivery address that meets the requirements of this division.
(1) The sale and delivery of cannabis goods shall not occur through a pass-through window or a slide-out tray to the exterior of the premises. (2) Retailers shall not operate as or with a drive-in or drive-through at which cannabis goods are sold to persons within or about a motor vehicle. (3) No cannabis goods shall be sold and/or delivered by any means or method to any person within a motor vehicle.
(4) All cannabis goods sold by a retail business shall be contained in child-resistant packaging.
(5) Retailers shall record point-of-sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point-of-sale location, camera placement must allow for the recording of the facial features of any person purchasing or selling cannabis goods, or any person in the retail area, with sufficient clarity to determine identity.
(6) A retail permittee who is engaged in retail sale shall hire or contract for security personnel who are at least 21 years of age to provide security services for the permitted retail premises. All security personnel hired or contracted for by the permittee shall be licensed by the Bureau of Security and Investigative Services and shall comply with Division 3 of the Business and Professions Code. (I) Access to Retailer Premises.
(1) Access to the premises of a retail permittee shall be limited to individuals who are

AGENDA ITEM #8.16
Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 178 of 260 29 at least 21 years of age.
(2) Notwithstanding Section 123.37 (h)(1), individuals who are at least 18 years of age and in possession of a valid physician’s recommendation shall be granted access to the premises of a retail permittee for the sole purpose of purchasing medicinal cannabis consistent with the physician’s recommendation. (I) Authorized Sales. A retailer shall only sell adult-use cannabis and adult-use cannabis products to individuals who are at least 21 years of age. A retailer shall only sell medicinal cannabis or medicinal cannabis products to individuals who are at least 18 years of age, but not yet 21, if those individuals are in possession of a valid physician’s recommendation. Medicinal cannabis sales to individuals 21 years of age and older are unrestricted.
(J) Limited Access Areas. A retailer shall establish limited-access areas and permit only authorized individuals to enter the limited-access areas. Authorized individuals include individuals employed by the retailer as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited access area. All individuals granted access to the limited access area shall be at least 21 years of age, and if not employed by the retailer, shall be escorted at all times by an employee of the permittee. A retailer shall maintain a log of all individuals who are not employees who are granted access to the limited access area. These logs shall be made available to the City Manager, Chief of Police, or their designees upon request. (K) Operating hours of the Store Front Retailer Permit shall be limited to the hours of 6:00 a.m. through 10:00 p.m., seven days a week.
(L) Store Front/Retail Security Requirements. All provisions incorporated within Section 123.35 of this Code (Security Measures), are directly applicable to and binding on all Cannabis Businesses, including all Store Front/Retail businesses. 123.39 Operating Requirements for Non-Store Front Retail (Delivery-Only) Facilities. (A) No more than the number of Non-Store Front Retailers adopted by Council resolution may operate within the City at any one time and shall be issued a permit by the City. (B) A non-storefront retailer permittee shall be authorized to conduct retail sales exclusively by delivery. The permitted premises of a non-storefront retailer permittee shall be closed to the public.
(C) A non-storefront retailer permittee shall comply with all the requirements applicable to retailer permittees, except for those provisions related to public access to the permitted premises and the retail area.

AGENDA ITEM #8.16
Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 179 of 260 30 (D) Operating hours of the Non-Store Front Retailer Permit shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week.
123.40 Store Front and Non-Store Front Retail Delivery Requirements. (A) Prior to providing cannabis goods to a delivery customer, operators are required to verify the age and the necessary documentation of each customer. They must ensure that medical customers are at least eighteen (18) years of age and verify that the customer has a valid doctor’s recommendation. In the case of adult-use customers, they must verify that the customer is at least twenty-one (21) years of age. Sales shall only be made to persons matching these criteria.
(B) Retail delivery services shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week.
(C) Prior to commencing delivery operations, a cannabis Retailer and cannabis Non-Store Front Retailer shall provide the following information to the City:
(1) Proof of ownership of the vehicle or a valid lease for any and all vehicles that will be used to deliver cannabis or cannabis products.
(2) The year, make, model, color, license plate number, and numerical Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis goods.
(3) Proof of insurance as required in Section 123.33(b) for any and all vehicles being used to deliver cannabis goods.
(4) The permittee shall provide the City with the information required by this section in writing for any new vehicle that will be used to deliver cannabis goods prior to using the vehicle to deliver cannabis goods.
(5) The permittee shall provide the City with any changes to the information required by this section in writing within thirty (30) calendar days. 123.41 Operating Requirements for Out-of-City Delivery Services. (A) All Cannabis Businesses which conduct deliveries into or within the City of Indio shall be required to obtain a permit from the City of Indio in order to conduct retail sales regardless of whether they are located in the City or another local jurisdiction. (B) Prior to commencing operations, a cannabis out-of-City delivery service shall comply with the following requirements:

AGENDA ITEM #8.16
Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 180 of 260 31 (1) Obtain from the City a permit authorizing the delivery of cannabis and cannabis products within the City limits. A copy of this permit shall be retained by all drivers. (2) The retail business operating the delivery service shall provide the City Manager with evidence of a valid state and local license for a Cannabis Business on whose authorization the delivery service is performing the delivery function. (3) The retail business operating the delivery service shall furnish to the City Manager the year, make, model, license plate number, and numerical Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis goods. (C) Operating hours of the Out-of-City Delivery Service shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week.
123.42 Permissible Delivery Locations and Customers.

Cannabis delivery businesses permitted to engage in delivery of cannabis and cannabis products inside the City of Indio are subject to the following requirements:
(A) A permitted Cannabis Business shall not deliver cannabis goods to an address located on publicly owned land or any address on land or in a building leased by a public agency. (B) A permitted Cannabis Business shall comply with all requirements of state and local law pertaining to the Cannabis Business Permit and all subsequent policies, procedures and regulations which may be amended by the City Manager from time to in order to enforce this Chapter.
(C) Any kiosk, i-Pad, tablet, smartphone, fixed location or technology platform, whether manned or unmanned, other than a retail location permitted by the city, that facilitates, directs, or assists the retail sale or delivery of cannabis or cannabis products is prohibited and shall be a violation of this Chapter.
123.43 Promulgation of Regulations, Standards and Other Legal Duties. (A) In addition to any regulations adopted by the City Council, the City Manager is authorized to establish administratively any additional rules, regulations and standards governing the issuance, denial or renewal of Cannabis Business Permits, the ongoing operation of Cannabis Businesses and the City 's oversight, or concerning any other subject determined to be necessary to carry out the purposes of this Chapter. (B) Regulations shall be published on the City ’s website. (C) Regulations promulgated by the City Manager shall become effective upon date of publication. Cannabis Businesses shall be required to comply with all state and local

AGENDA ITEM #8.16
Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 181 of 260 32 laws and regulations, including but not limited to any rules, regulations or standards adopted by the City Manager.
123.44 Community Relations.
(A) Each Cannabis Business shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the Cannabis Business can be provided. Each Cannabis Business shall also provide the above information to all businesses and residences located within one hundred (100) feet of the Cannabis Business.
(B) During the first year of operation pursuant to this Chapter, the owner, manager, and community relations representative from each Cannabis Business holding a permit issued pursuant to this Chapter shall attend meetings with the City Manager, and other interested parties as deemed appropriate by the City Manager, to discuss costs, benefits, and other community issues arising as a result of implementation of this Chapter. After the first year of operation, the owner, manager, and community relations representative from each such Cannabis Business shall meet with the City Manager when and as requested by the City Manager.
123.45 Fees Deemed Debt to the City.

The amount of any fee, cost or charge imposed pursuant to this Chapter shall be deemed a debt to the City that is recoverable via an authorized administrative process as set forth in the City ordinance or in any court of competent jurisdiction. 123.46 Permit Holder Responsible for Violations.

The person to whom a permit is issued pursuant to this Chapter shall be responsible for all violations of the laws of the State of California or of the regulations and/or the ordinances of the City, whether committed by the permittee or any employee or agent of the permittee, which violations occur in or about the premises of the Cannabis Business whether or not said violations occur within the permit holder’s presence.
123.47 Inspection and Enforcement.
(A) The City Manager, or designee charged with enforcing the provisions of the City of Indio Municipal Code, or any provision thereof, may enter the location of a Cannabis Business at any time, without notice, and inspect the location of any Cannabis Business as well as any recordings and records required to be maintained pursuant to this Chapter or under applicable provisions of State law.
(B) It is unlawful for any person having responsibility over the operation of a Cannabis Business, to impede, obstruct, interfere with, or otherwise not to allow, the City to

AGENDA ITEM #8.16
Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 182 of 260 33 conduct an inspection, review or copy records, recordings or other documents required to be maintained by a Cannabis Business under this Chapter or under state or local law.

It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a Cannabis Business under this Chapter or under state or local law. (C) The City Manager, or designee charged with enforcing the provisions of this Chapter may enter the location of a Cannabis Business at any time during the hours of operation and without notice to obtain samples of the cannabis to test for public safety purposes.

Any samples obtained by the City of Indio shall be logged, recorded, and maintained in accordance with established procedures by the City of Indio’s City Manager or these regulations.
123.48 Violations declared a public nuisance.

Each and every violation of the provisions of this Chapter constitutes a misdemeanor and is hereby deemed unlawful and a public nuisance. The City reserves the right to pursue any available legal remedy to address violations of this Chapter. 123.49 No Vested Rights
No person(s) (including any Applicant, Owner, and/or Permittee) shall have any vested rights to any permit, right, and/or interest under this chapter, regardless of whether such person(s) sold, distributed, and/or otherwise engaged in acts related to the use of Cannabis prior to the adoption of the ordinance codified in this Chapter.”
SECTION 2. CEQA.The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to the State CEQA Guidelines Section 15060(c)(3), because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Ordinance does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment as it is an ordinance setting forth the regulatory process for cannabis permits.

SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

AGENDA ITEM #8.16
Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 183 of 260 34 SECTION 4.The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.

PASSED, APPROVED, and ADOPTED this 1st day of June 2022 by the following vote:
___________________________

WAYMOND FERMON
MAYOR
ATTEST:
__________________________

CYNTHIA HERNANDEZ

CITY CLERK

AGENDA ITEM #8.16
Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title X... Page 184 of 260 City of Indio
City Council
June 1, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Roxanne Diaz, City Attorney
Subject: Reconsideration of the circumstances of the COVID -19 state of emergency and determine that the legislative bodies of the City of Indio will continue to hold meetings via teleconferencing pursuant to the findings set forth in Government Code Section 54953(e)(3).

RECOMMENDATION:

The City Council has (i) reconsidered the circumsta nces of the COVID -19 state of emergency; and (2) finds that the state of emergency continues to directly impact the ability of the members of the City’s legislative bodies to meet safety in person and Cal OSHA continues to recommend measures to promote social distancing.

SUMMARY:

To continue to have the ability to meet remotely pursuant Government Code Section 54953(e) (AB 361), the City Council must make certain finings no later than 30 days after teleconferencing for the first time pursuant to AB 361, and every 30 days thereafter. The City Council reconsiders the findings it previously made and then makes a determination of whether the State’s COVID -19 declared state of emergency continues to impact the ability of all of the members of the City’s legislative bodies from meeting sa fely in person and as a result of the state of emergency, meeting in person presents imminent risks to the health and safety of attendees. Accordingly, the City Council has previously held that the City's legislative bodies may continue to use virtual tele conferenced meetings in compliance with Government Code Section 54953(e).

BACKGROUND INFORMATION:

The City Council and its legislative bodies have met remotely throughout the pandemic to protect the health and safety of the public and staff. The factual circumstances exist for the City’s legislative bodies to continue to hold meetings pursuant to AB 361. The state of emergency is still in effect and the City Council has previously reconsidered the findings and determined that the state of emergency continues to directly impact the ability of members of the City's legislative bodies to meet safely in person.

Since the beginning of the year, there have been several variants including the Delta variant, the Omicron variant (which was prevalent in the begi nning of the year), and now the subvariant BA2, which is sometimes referred to as the "stealth omicron" and is a subvariant of Omicron. The BA2 variant now accounts for over half of the new COVID cases and is being watched closely in California and in several counties. Recently, the FDA and the CDC authorized an additional COVD-19 booster AGENDA ITEM #8.17
Reconsideration of the circumstances of the COVID-19 state of emergency ... Page 185 of 260 shot for people age 50 and older, as a step to offer extra protection for the most vulnerable in case the coronavirus rebounds. This is the fourth dose of the vaccine that is now authorized.

Notwithstanding the lifting of the universal mask mandate, Cal OSHA Emergency Temporary Standards continue to recognize the importance of social distancing and states that the fact that particles containing the virus can travel more than six feet, especially indoors, training and instruction should be given to employees in that regard as well as inform that physical distancing, face coverings, increased ventilation indoors, and respiratory protection decrease the spread of COVID -19 and are most effective when used in combination. As of May 26, 2022 and since our last report in April, there continues to be increase in new cases with 185 new cases in Indio and one new death. In April, the number of new cases was at 55.

Accordingly, it remains prudent that we monitor and continue the flexibility of a hybrid format will allow the continuation of the City’s business so that Council or Commission meetings would not have to be cancelled should members have health concerns or are sick and would provide the flexibility to each member of a legislative body to determine for themselves based on their own health matters whether attending a meeting will be risk to their health and safety or to those attending the meeting.

Even if the City Council continues to make the findings as required, the City Council and each of the City’s commissions can continue to meet in person and the chambers can continue to stay open. This determination does not require that meetings only be held remotely. Th is determination, however, would allow the City to make adjustments if needed (temporarily closing the chambers to the public) should COVID-19 cases rise or new variants threaten the health and safety of the public including staff and members of the City’s legislative bodies.

In conclusion, by reconsidering the circumstances of the state of emergency created by the COVID19 pandemic and finding that the state of emergency continues to directly impact the ability of the members to meet safely in person, the public meetings of the City of Indio can continue to be conducted by Zoom for the next 30 days.

APPROVAL(S):

Roxanne Diaz, City Attorney Approved - 26 May 2022

AGENDA ITEM #8.17
Reconsideration of the circumstances of the COVID-19 state of emergency ... Page 186 of 260 City of Indio
City Council
June 1, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan H. Montgomery, City Manager
Subject: Adopt the 2022-24 Strategic Plan

RECOMMENDATION:

Adopt the 2022-24 Strategic Plan.

SUMMARY:

Over the last several months, the City has obtained input through focus groups, surveys and social media, conducted research, evaluated existing programs, projects and policies, held separate strategic planning study sessions, and has reviewed various drafts of the proposed 2022-24 Strategic Plan (attached). The proposed Strategic Plan served as a foundational guide to the development of the tentative Fiscal Year 2022 -23 City Budget and to the prioritization of key, one -time projects. The Plan is ready for adoption and will serve as an important accountability instrument for City staff.

BACKGROUND INFORMATION:

To ensure the continued success for the City of Indio, this Strategic Plan serves as an action plan for our future by:

• Describing a Vision of what we want Indio to become
• Establishing a Mission Statement that describes our purpose • Committing to Values andEthics that describe our character • Outlining of Strategic Areas of Focus
• Setting forth specificGoals andAction Items to help achieve those Goals The Strategic Plan provides the principal guidance for the preparation of the City budget, program objectives and performance measures. It also provides direction on how we allocate resources, establish policy and progressively guide the affairs of the City organization. Practically, the Plan is a tool for the City Council and City Staff to effectively and efficiently meet the needs of our growing and dynamic community. This Plan is created through the hard work and contributions of the City Council and City Staff and with input from the community. City Staff will provide regular progress updates as the Plan is implemented.

FINANCIAL SUMMARY:

Current FY Financial
Impact: In current year budget:

Current FY General
Fund Impact: Budget adjustment: No
AGENDA ITEM #9.1
Adopt the 2022-24 Strategic Plan Page 187 of 260
Next FY Financial
Impact:

Strategic Objective:

Source of funds: Fund-Org-Object
Reference:

Additional Financial Details:

The identified Action Items for 2022-24 are included in this upcoming fiscal year budget, or would be included in the subsequent fiscal year.

ALTERNATIVES:

Not adopt the Strategic Plan.

ATTACHMENTS:

Attachment 1: Strategic Plan 2022-2024

AGENDA ITEM #9.1
Adopt the 2022-24 Strategic Plan Page 188 of 260
1 SSTTRRAATTEEGGIICC PPLLAANN
2022-2024

AGENDA ITEM #9.1
Adopt the 2022-24 Strategic Plan Page 189 of 260
2 SSTTRRAATTEEGGIICC PPLLAANN CCOONNCCEEPPTT

To ensure the continued success for the City of Indio, this Strategic Plan serves as an action plan for our future by:

 Describing a Vision of what we want Indio to become
 Establishing a Mission Statement that describes our purpose  Committing to Values and Ethics that describe our character  Outlining of Strategic Areas of Focus
 Setting forth specific Goals and Action Items to help achieve those Goals

This Plan will provide the principal guidance for the preparation of the City budget, program objectives and performance measures. It also provides direction on how we allocate resources, establish policy and progressively guide the affairs of the City organization. Practically, the Plan is a tool for the City Counc il and City S taff to effectively and efficiently meet the needs of our growing and dynamic community. This Plan is created through the hard work and contributions of the City Council and City Staff and with input from the community . City Staff will provide regular progress updates as the Plan is implemented.

VViissiioonn
The City of Indio is recognized as a vibrant Desert community where people live, work, play, shop, visit and thrive.

MMiissssiioonn
The City of Indio’s public servants provide outstanding municipal services to enhance the quality of life for our residents, visitors and businesses by promoting growth and prosperity.

EEtthhiiccss
City employees and officials are expected to demonstrate the highest standards of personal integrity, honesty and conduct in all activities in order to inspire public confidence. We must preserve and protect the public trust in all of our activities.

CCoorree VVaalluueess

 Honesty and Integrity  Fiscal Responsibility  Exceptional Service  Cooperation & Collaboration  Community Involvement  Open & Honest Communication  Effectiveness & Efficiency

AGENDA ITEM #9.1
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3 PUBLIC SAFETY
Take all possible and prudent steps to
provide for continued effective and
efficient police, fire and ambulance service,
emergency planning; and coordinate with
others that provide public safety services.

BUSINESS & JOB GROWTH
Work aggressively to attract and retain
business by encouraging quality retail
development and by facilitating the
location of job/career producing industries
to Indio.

COMMUNITY INFRASTRUCTURE
(STREETS, BRIDGES, INTERCHANGES, STORM

DRAINS, PARKS, WATER LINES AND SYSTEMS,
ELECTRICAL & BROADBAND ) -- Focus on
both the financial and operational aspects
of the City’s Capital Improvement Program,
constructing and maintaining streets,
traffic signals, bridges, parks, water
systems and other related infrastructure to
meet the needs of our growing community.

COMMUNITY BEAUTIFICATION
Identify and implement projects that will
beautify our community, increase
desirability of commercial and residential
properties, and encourage residential
homeowners and business owners to
invest in landscaping and the cleanup of
their properties.

DOWNTOWN & HIGHWAY 111

REVITALIZATION
Facilitate the continued development and
redevelopment of the Downtown; and,
beautify and enhance the Highway 111
corridor.

FESTIVALS, EVENTS, ARTS &

CULTURE
Provide for high -quality festivals, inclusive
community events and actively promote
art and culture projects and activities.

COMMUNITY OUTREACH,

COMMUNICATION & PARTICIPATION
Nurture existing relationships and continue
to foster collaboration with community
partners. Strides will continue to
communicate with and engage the
community in all aspects of local
government.

FINANCIAL & ENVIRONMENTAL

SUSTAINABILITY AND OPERATIONAL

EXCELLENCE
Ensure fiscally sound operations by
continuously evaluating our processes to
maintain cost-effective public services.

Guide policy decisions with environmental
sustainability in mind. Our City Council
and lean Staff Team will foster confidence
by demonstrating a POLITE,
PROFESSIONAL and PROGRESSIVE
demeanor in all interactions.

AARREEAASS OOFF FFOOCCUUSS && GGOOAALLSS

AGENDA ITEM #9.1
Adopt the 2022-24 Strategic Plan Page 191 of 260

4 Area of Focus #1: PPUUBBLLIICC SSAAFFEETTYY

GOAL: Take all possible and prudent steps to provide for continued effective and efficient police, fire and ambulance service, emergency planning; and coordinate with others that provide public safety services.

AACCTTIIOONN IITTEEMMSS::
 1.a. Complete Phase 1 of Public Safety Campus
 1.b. Implement a new state-of-the-art Body-Worn Camera system  1.c. Go-live with our new Computer-Aided Dispatch and Records Management System  1.d. Conduct an evidence-based assessment from CAD-RMS for patrol deployment with the goal of matching our deployment model with workload and demand  1.e. Finalize written protocols for and continue and refine the Quality of Life team’s efforts to address homeless issues and concerns
 1.f. Protect our staff and the public from the dangers of fentanyl by implementing a Naloxone program
 1.g. Create a formal recruitment program for new hires using modern, relevant technology and video story-telling, including a college campus initiative.  1.h. Present a comprehensive plan for the transition to the Riverside County Public Safety Enterprise Communications (PSEC) system
 1.i. Enhance traffic control unit and incr ease speed enforcement efforts, including the placement of five more solar-powered radar speed limit notification signs.  1.j. Update and adopt a comprehensive Emergency Operations Plan.  1.k. Develop and conduct a table top training exercise.  1.l. Establish Community Emergency Response Team (CERT) Training Program.  1.m. Provide for building and occupant life safety by completing annual business inspections regardless of occupancy type.
 1.n. Fully implement new Short-Term Rental ordinance and monitoring program  1.o. Post at least two positive Police stories/press releases each week.  1.p. Install access control system for PD Admin building

Area of Focus #2: BBUUSSIINNEESSSS && JJOOBB GGRROOWWTTHH GOAL: Work aggressively to attract and retain business by encouraging quali ty retail development and by facilitating the location of job/career producing industries to Indio.

AACCTTIIOONN IITTEEMMSS

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5 AACCTTIIOONN IITTEEMMSS:
 2.a. Create and implement a 5-Year Economic Development Work Plan  2.b. Develop a jobs to housing balance action plan to increase the overall number of available family-wage jobs in the City reducing the need for residents to commute outside of the City for employment. The action plan will establish a goal of reducing the current percentage of employees that work outside the City from 74 % of the population to 50% over a 10-year period.
 2.c. Continue to work with The Retail Coach to market the City’s opportunity sites to retailers, restaurants and hoteliers and provide quarterly updates  2.d. Finalize the Disposition and Development Agreement with the Haagen Company for the expansion of the Indio Grand Market Place.
 2.e. Annually reach out and check in with 25% of current and future major employers and top sales tax producers.
 2.f Coordinate an annual manufacturing tour with the local real estate brokerage community to encourage & promote new industrial development and job creation.  2.g. Complete and adopt the Zoning Code Update (a.k.a. Unified Development Code) thereby aligning the City’s land use and development standards with the adopted General Plan 2040.  2.h. In coordination with the Chamber, refresh SHOP LOCAL campaign to educate and inform the public about the small actions they can take during various seasons to boost their revenue base.
 2.i..Fully implement new cannabis ordinance.

Area of Focus #3: CCOOMMMMUUNNIITTYY IINNFFRRAASSTTRRUUCCTTUURREE

STREETS, BRIDGES, INTERCHANGES, STORM DRAINS,

PARKS, WATER LINES AND SYSTEMS, ELECTRICAL &

BROADBAND

GOAL: Focus on both the financial and operational aspects of the City’s Capital Improvement Program, constructing and maintaining streets, traffic signals, bridges, parks, water systems and other related infrastructure to meet the needs of our growing community.

AACCTTIIOONN IITTEEMMSS::
 3.a. Facilitate Monroe Interchange Project for bid in late 2023.  3.b. Get Jackson Interchange Project to “shovel-ready” status by late 2023.  3.c. Establish a City Council approved Pavement Condition Index (PCI) rating of 70 for all public streets to prioritize and direct capital investments in street maintenance and operations.

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6  3.d. Prepare plans and bid City Hall and Library project in early 2023.  3.e. Coordinate with Imperial Irrigation District to ensure upgrades and maintenance of the electrical infrastructure are meeting the needs of the community.  3.f. Purchase the 3.1 -acre property on Monroe Street for the future expansion of the Dr.

Carreon electrical substation.
 3.g. Complete Fiber Master Plan project and pursue short- term and long -term implementation actions for enhanced broadband delivery and access.  3.h. Establish a C ity-wide 5 -Year Capital Improvements Plan and an associated capital infrastructure investment policy that aligns with the City’s economic development goals that targets and directs public infrastructure investments in key areas of the City to support enhanced and increased opportunities for business growth and development.

Approved CIP projects for 2022-24:
• Indio Blvd N/B Over Coachella Valley Storm Water Channel • Ave 44 Low Water Crossing
• Madison Street Improvements from Highway 111 to Avenue 48 • Rancho Los Coyotes Pavement Improvements
• Avenue 50 Widening (Jefferson Street - Jackson Street) • Jefferson Street Widening (Avenue 38 - Avenue 40)
• Shields Road Connection
• Herbert Hoover Elementary Pedestrian Improvements
• Avenue 50 and Jackson Street Improvements
• Monroe and Avenue 41 Traffic Signal
• South Jackson Park ADA Improvements
• Civic Center Storm Drain Program
• Highway 111 and Jefferson Improvements
• Indio Sports Park Phase I
• Demo church building on Smurr and install turf
• Miles Avenue Skate Park
• Park & Playground Upgrades (DRD/JPIA) pursuant to studies • Misc. Median Landscaping Improvements
• Pickleball courts at Patton Park and at Miles Ave Park • Jefferson West Entry Median Improvements at Indio Blvd • Highway 111 Median Landscaping
• Museum Campus - Electrical, Insulation, HVAC
• Oasis Rd Beautification and "diet" from Indio Blvd to Hwy 111 • Avenue 48 Oleander Replacement (15G)
• Street sign mast arm replacements (new branding)
• Downtown Shade Trees
• Dog Park at Miles Avenue Park
• Downtown Gateway Signage
• Hwy 111 Corridor Façade, Signage Improvements
• Golf Center at Hwy 111 landscaping

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7  3.i. Evaluate programmatic investment opportunities for the Indio Transportation Center based on the Council-adopted Multi-Modal Study to support its future multi-modal evolution including as a rail service train station.
 3.j. Complete the groundwater management plan as required by state law and oversee the implementation of the plan.
 3.k. Update and replace street signage for consistency with new City branding program.  3.l. Implement an asset management program for the management, maintenance and operations of City-wide infrastructure.
 3.m. Rehabilitate Well T and Well 2C.
 3.n. Complete the drilling phase of a a new groundwater well  3.o. Implement treatment technologies at Plant 3 to address changing State regulations such as Chromium 6.
 3.p. Fully implement Sustainable Groundwater Management Act (SGMA) actions including groundwater monitoring and reporting.
 3.q. Explore long-term water supply opportunities by collaborating with Coachella Valley agencies and complete feasibility of a recycled water replenishment project.  3.r. Prepare an annual Consumer Confidence Report (CCR) to inform customers about Indio Water Authority’s water quality and the agency’s commitment to safeguarding water supply.  3.s. Complete the replacement of 15 fire hydrants consistent with the latest industry standards.
 3.t Complete the design bid package for the replacement of Plant 2 Booster Pump Station Facility.
 3.u. Complete the design bid package for the Westward Ho Drive Pipeline Storm- water Crossing at Plant 4.
 3.v. Complete the preliminary design report to upgrade the downtown Indio water infrastructure.
 3.w. In partnership with the Desert Recreation District, improve and activate parks completing a minimum of 2 improvement and activation project s per fiscal year for the next five fiscal years.
 3.x. Evaluate costs of development of park land at Monroe and Ave. 49.  3.y. Prepare plans for funding for Phase II of Sports Park.

Area of Focus #4: CCOOMMMMUUNNIITTYY BBEEAAUUTTIIFFIICCAATTIIOONN

GOAL: Identify and implement projects that will beautify our community, increase desirability of commercial and residential properties, and encourage residential homeowners and business owners to invest in landscaping and the cleanup of their properties.

AACCTTIIOONN IITTEEMMSS::
 4.a. Establish a “Keep Indio Beautiful”, “Indio Lindo”, or similar program for community beautification.

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8  4.b. Evaluate the feasibility of a residential façade improvement program for targeted areas of the City to improve the exterior facades of eligible residential structures.  4.c. Create and implement a Commercial Beautification and Facade Improvement Grant Program for major north-south and east west commercial corridors focusing Year 1 efforts on Monroe Street, Year 2 efforts on Highway 111 and Year 3 efforts on Jackson Street.  4.d. Develop and implement a partnership with a local paint store to sponsor the repainting of block walls along key north/south and east/west corridors in the City.  4.e. Establish a quarterl y rotating “Clean the City” / “ Indio Cares” / “I love Indio” event in different parts of the City to facilitate individual property cleanups by property owners and neighborhoods utilizing City staff support and volunteer support from individual volunteers, youth groups and church groups.
 4.f. Reinstate the Better Neighborhoods Programs (BNP) as part of beautification program and complete a minimum of 1 capital infrastructure beautification project.  4.g. Refresh landscape medians with consistent look on all major arterial roads  4.h. Design, fabricate and install new art and/or signage at key gateways into the City.  4.i. Enhance and expand the current banner program to all connector and above designated streets throughout the City. (Add Veterans, students, etc. Remove unusable brackets)  4.j. Install new wayfinding signs throughout the City  4.k. Prepare and adop t City o rdinance requiring enforceable property maintenance standards for commercial, single-family and multi-family properties.  4.l. Re-introduce the collaboration with Women’s Club of Indio’s Yard of the Month program.  4.m. Implement Instagram contest for beautification projects in the community .  4.n. Increase code enforcement related to signage along main corridors such as Hwy 111 and Indio Blvd.

Area of Focus #5: DDOOWWNNTTOOWWNN && HHIIGGHHWWAAYY 111111

RREEVVIITTAALLIIZZAATTIIOONN

GOAL: Facilitate the continued development and redevelopment of the Downtown; and, beautify and enhance the Highway 111 corridor.

AACCTTIIOONN IITTEEMMSS::
 5.a. Pursue the marketing and sale of a minimum of three (3) City- owned properties for the development of 300 market rate housing units in Downtown.  5.b. Prepare and issue a Request for Proposal (RFP) for the Skarna property for a vertical mixed-use residential/commercial development with required ground floor retail space on Miles Avenue.

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9  5.c. Hold monthly “Second Saturday” concert event in the Downtown.  5.d. Plan, program and implement a Downtown beautification program to paint, provide blade sign s and add flowers on City and privately - owned properties on Miles Avenue and Oasis Street
 5.e. Activate empty City-owned storefronts with interim window-wraps and public art.  5.f. Plan, design and construct the downtown “living room” park and entertainment venue.  5.g. Prepare and implement a Downtown Branding, Identity, and Wayfinding Program including identity , gateway and directional signage along adjacent major streets and gateways entering the Downtown, as well as directional signage to key downtown destinations including public parking facilities.
 5.h. Refresh and update holiday lighting and tree starting with 2022 holiday season  5.h. Adopt and implement a façade improvement program for businesses in Downtown and along Highway 111.
 5.i Develop a short-term and long-term parking management plan for Downtown addressing off-street public and private parking facilities and on-street parking management.  5.j. Develop a Downtown business attractor program to work with owners of private property to aggressively attract local small businesses to locate or relocate in Downtown.  5.k. Complete and adopt the Highway 111 Corridor Specific Plan and implement short- term, mid-term and long -term actions identified by the Plan particularly in the areas of physical improvements and housing production and employment production.  5.l. Market and promote the Hwy 111 Specific Plan to developers and site selectors by exposing the development opportunities and facilitate new development along the Highway 111 corridor.
 5.m. Working closely with the Retail Coach, prepare a gap analysis and retail match list specific to downtown to use as a recruitment hit list to occupy empty storefronts.  5.n. Market and promote the Downtown Specific Plan to developers and site selectors by exposing the development opportunities and facilitate new development in downtown.  5.o. Complete demolition of church building on Smurr.  5.p. Create and implement plan for key Downtown corridor property acquisitions.

Area of Focus #6: FFEESSTTIIVVAALLSS,, EEVVEENNTTSS,, AARRTTSS && CCUULLTTUURREE

GOAL: Provide for high- quality festivals, inclusive community events and actively promote art and culture projects and activities.

AACCTTIIOONN IITTEEMMSS::
 6.a. Facilitate successful Coachella, Stagecoach and other large Festivals.

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10  6.b. Hold regular Downtown events.
 6.c. Develop a plan for other events that may include: Art Walks, Tequilas and Taps, Desert Spook Fest, Wine and Chocolate, Downtown Beer Festival, etc.  6.d. Work with GoldenVoice to increase the number of large festivals to the 5 maximum allowed events in the City to create multiple capture opportunities for visitors, business activity and market awareness.
 6.e. Prepare and adopt and Arts and Culture Master Plan for the City to provide a framework for the direction of arts and culture in the City over a 10-year planning period to ensure arts and culture’s relevancy, sustainability and enhancement in the Indio community.  6.f. Re-establish the “Art in the Square Chalk Festival” in Downtown Indio.  6.g. Facilitate and expand each year the annual International Tamale Festival  6.h. Work with Desert Theatreworks to establish an annual Performance Art Festival held at and around the IPAC to experience unscripted, unrehearsed and thought-providing work from local, national and international artists.
 6.i. Develop an updated City-wide murals program to guide fiscal investments, management, maintenance and operations of public and private murals.  6.j. Bring new art pieces to visible areas throughout the City, especially Downtown and at entries to the community
 6.k. Set up shop for Indio branding swag to be sold/distributed in key locations around the City for community pride and name recognition. Hire a person or contractor to arrange for inventory and strategic deployment of branding swag.
 6.l. Evaluate the potential for increased City-sponsored community events. Potential community events could include but not limited to Veteran’s Day, Holiday Festival, Juneteenth Celebration.
 6.m. Participate directly in public and private planning efforts for the year-round utilization of the County Fairgrounds to ensure that City goals and interests are represented and that future public and private investments reflect these interests  6.n. Facilitate Latin American Rhythm Festival in Downtown for fall of 2022.  6.o. Establish a staff special events review team to ensure coordination, advance notice and proper review of proposed event to conform to City policies.

Area of Focus #7: CCOOMMMMUUNNIITTYY OOUUTTRREEAACCHH,, CCOOMMMMUUNNIICCAATTIIOONN

AANNDD EEDDUUCCAATTIIOONN
GOAL: Nurture existing relationships and continue to foster collaboration with community partners. Strides will continue to communicate with and engage the community in all aspects of local government.

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11 AACCTTIIOONN IITTEEMMSS::
 7.a. Return all phone calls and emails same day or within 24 hours (or next business day).  7.b. Complete a new, user friendly, refreshed City website.  7.c. Coordinate regular updates to the City Council from partner agencies.  7.d. Continue building cooperative relationships with representatives of service clubs and other community groups and extend offers to have staff and/or Councilmembers attend their meetings.
 7.e. Establish virtual or in-person English/Spanish Town Hall series that will focus on hot topics in the community giving citizens and businesses an important to talk with City representatives to gather feedback and provide information.  7.f. Establish an Indio Leadership Academy that will provide a look into the workings of the City and engage participants in a hands-on overview of City government.  7.g. Ensure transparent communications of City projects via Tyler Munis.  7.h. Complete customer Web-Portal offering access to water conservation tools.  7.i. Develop a “Grow Your Own” program to create talent pipelines by collaborating with local education institutions, community groups, and businesses to establish programs such as internships, apprenticeships, and job shadowing.
 7.j. Create a “I love Indio” app in partnership with the Greater Coachella Valley Chamber of Commerce that helps residents and visitors quickly access info for restaurants, shopping, services, and events.
 7.k. Establish a speaking circuit for City officials to be guest speakers at schools (i.e. career day), service clubs, and HOAs.
 7.l. Promote water conservation at various City and community events at least 4 times per year.
 7.m. Engage HOAs and attend meetings to promote water conservation at least once per year.
 7.o. Incorporate regular water conservation messages with utility bills.

Area of Focus #8: FFIINNAANNCCIIAALL && EENNVVIIRROONNMMEENNTTAALL

SSTTAABBIILLIITTYY AANNDD OOPPEERRAATTIIOONNAALL

EEXXCCEELLLLEENNCCEE
GOAL: We will ensure fiscall y sound operations by continuously evaluating our processes to maintain cost -effective public services. Our City Council and lean Staff Team will foster confidence by demonstra ting a POLITE, PROFESSIONAL and PROGRESSIVE demeanor in all interactions.

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12 AACCTTIIOONN IITTEEMMSS::
 8.a. Conduct a comprehensive organizational analysis to assess and identify the appropriate long-term corporate culture, the optimal service delivery model (s) for the City and the most appropriate and efficient allocation of Department and employee focuses and resources.  8.b. Establish a 5-year plan forecasting and comply with City budget administration policies  8.c. Facilitate biennial Community-Council-Staff Strategic Planning Sessions  8.d. Continue emphasis of the 3P’s of Public Service: Polite, Professional, Progressive.  8.e. Establish an annual legislative setting process with the City Council to identify the City’s key regional, county, state and federal legislative priorities.  8.f. Develop and implement program for each Councilmember in meeting with County Supervisor, State Assembly member and Senator at least once per year.  8.g. Implement a comprehensive GIS based land management system that allows for data sharing across departments and ease of use for the City’s constituents.  8.h. Develop the needed policies and procedures to qualify for the Municipal Information Systems Association of California Excellence in Technology Practices Award.

 8.i. Establish an employee recognition and appreciation program to include acknowledgements, awards, events, peer-to-peer initiative surveys, etc.  8.j. Research the process of becoming a certified “Great Place to Work” employer.  8.k. Conduct finance policy reviews and updates every five years.  8.l. Create an Unfunded Liability policy.
 8.m. Update the fund balance/reserve policy.
 8.n. Develop a leadership competency framework to create development programs for emerging and current leadership staff.
 8.o. Create a benefits survey to discover staff satisfaction with current programs and learn about value-added programs that meet our diverse workforce needs.  8.p. Review and update personnel rules and regulations and human resources-related policies to align with the City’s mission and values.
 8.q. Expand citywide and Department-specific mandated safety training programs to ensure the well-being of staff and mitigate risks.
 8.r. Develop an internal human resources customer satisfaction survey to monitor service quality to our internal business partners.
 8.s. Set aside an additional $2M to the Reserve for Economic Uncertainty.  8.t. Deposit $1M toward unfunded retiree health care costs.

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13 CCOONNCCLLUUSSIIOONN

This document is a concise, coherent, focused plan that will serve to guide us in our efforts to improve the community. Indio will continue to experience populatio n growth and has a very bright fut ure. The challenge we face is establish ing projects and programs the resident s’ want that improve their quality of life, while “keep ing pace” in maintaining and improving the critical municipal services that we already provide – all with a budget that is smaller than most communities of our size . Our efforts will make Indio an even better place to live, work and enjoy a great quality of life.

Simply put, to achieve the goals and objectives of this Plan and the overall vi sion of even a better Indio , we will need the tireless efforts and professional expertise of City staff, the support and participation of the community, and the political courage and leadership of the City Council.

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City of Indio
City Council
June 1, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: Resolution No. 10284 to declare and enact Stage II of Water Shortage Contingency Plan

RECOMMENDATION:

Adopt the Resolution to declare and enact Stage II of the Water Shortage Contingency Plan, which was developed and adopted pursuant to Water Code Section 10620 et seq.

SUMMARY:

Given the three driest months on record, Governor Newsom issued Executive Order N-7-22 on March 28, 2022 directing the State Water Resources Board to require urban water suppliers to minimally implement Stage II (up to 20% reduction) of its Water Shortage Contingency Plan (WSCP). The City has enacted Stage I since the last drought, promoting conservation as a way of life and water efficiency practices, while eliminating wasteful water use. Per the City’s Municipal Code, a declaration of a Stage II or greate r requires a noticed public hearing. A Stage II declaration imposes additional demand reduction actions, as required by the Governor and State Water Resources Control Board.

BACKGROUND INFORMATION:

The City of Indio, through the Indio Water Authority, i s an urban water supplier and is required to comply with the regulations which require the City to implement all requirements and actions of its Water Shortage Contingency Plan (WSCP). The WSCP is a required element of the 2020 Coachella Valley Regional Ur ban Water Management Plan that was approved by the City Council/Authority Board on June 16, 2021; the City’s Municipal Code was also amended to align with the adopted WSCP. The WSCP is a document that describes how each water agency will respond to a wate r shortage.

In July 2021, the Governor issued Executive Order N -10-21 which called for a 15% voluntary water use reduction statewide compared to 2020 usage. In October 2021, the Governor declared a drought state of emergency for all counties. Despite some conservation efforts, the State’s cumulative average reduction efforts remains short of the 15% target. Given the three driest months of the year on record, Governor Newsom subsequently issued Executive Order N -7-22 on March 28, 2022, which directs the State Water Resources Control Board that by May 25, 2022, to consider requiring urban water suppliers to minimally implement WSCP Stage II (up to 20% reduction) and consider banning irrigation of “non-functional” turf in commercial, industrial, and institutional sectors.

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Per the Executive Order, “non -functional turf” is defined as turf that is ornamental and not otherwise used for human recreation purposes such as school fields, sports fields and parks. The ban would only apply to non -functional turf within commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non-turf plantings. At this time, the State Water Resources Control Board has released draft regulatory text, whic h mentions the regulations must be in effect by June 10, 2022. Staff will report on the outcome from the May 25, 2022 State Water Resources Control Board meeting at the June 1, 2022 Council/Board public hearing.

The City will implement the State Water Re sources Control Board requirements upon finalization by the Office of Administrative Law.

The city has been in Stage I since the last drought, promoting conservation as a way of life and water efficiency practices, while eliminating wasteful water use. Per the City’s Municipal Code, any declaration of a Stage II or greater requires a noticed public hearing. A public hearing notice for this item was published on May 20, 2022. Stage II would expand on the City’s existing Stage I demand reduction actions. The Stage II demand reduction actions are as follows:

• Outdoor water use is prohibited during daylight hours for spray irrigation except for leak checks • Restaurants can serve water only on request
• Encourage use of non-potable water for construction, if available • Discourage overseeding
• Expand public information campaign
• Increase water waste patrols
• Reduce hydrant and dead-end line flushing

Other water agencies in the Coachella Valley have or in the process of enacting Stage II of their WSCPs. In the initial development of the WSCPs, the water agencies collaborated to align the WSCPs to the closest extent possible to streamline communication efforts throughout the region. Staff continues to work clos ely with the water agencies on these efforts. Although water supply levels remain stable in the Coachella Valley due to long-term water management plans, coordinated regional planning efforts and projects, conservation is a factor to ensure a reliable water supply. Steps outlined in the WSCPs can be used during drought years even if there is no water shortage in supplies. Upon adoption of the Resolution to declare Stage II, staff will be using its various communication channels to inform IWA customers of these additional water use restrictions that will go into effect. The approach will be continued education outreach to IWA customers.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: N/A Fund-Org-Object
Reference:

N/A

AGENDA ITEM #10.1
Resolution No. 10284 to declare and enact Stage II of Water Shortage Con... Page 203 of 260 Additional Financial Details:

There is no cost or fiscal impact associated with this action.

ATTACHMENTS:

Attachment 1 - Resolution 10284 - WSCP Stage 2 - FINAL
Attachment 2 - Governor Executive Order N-7-22

APPROVAL(S):

Reymundo Trejo, P.E., IWA General Manager Approved - 18 May 2022 Lolly Enriquez, Assistant City Attorney Approved - 18 May 2022 Brian Kinder, Finance Manager Approved - 18 May 2022
Bryan H. Montgomery, City Manager Approved - 20 May 2022

AGENDA ITEM #10.1
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RESOLUTION NO. 10284

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO AND THE INDIO WATER

AUTHORITY TO DECLARE STAGE II OF ITS WATER SHORTAGE CONTINGENCY PLAN WHEREAS, the State of California (“State”) is now in its third consecutive year of drought, and in each year of the current drought, annual precipitation levels were inadequate to fill the state’s key reservoirs; and
WHEREAS, the City of Indio (“City”) through the Indio Water Authority is an urban water supplier as defined in Water Code Section 10617; and
WHEREAS, the City has been in Stage I of its Water Shortage Contingency Plan, promoting conservation as a way of life and water efficiency practices, while eliminating wasteful water use; and WHEREAS, on July 8, 2021, through Executive Order N-10-21, Governor Newsom expanded the drought emergency declaration to include a total of 50 counties across the State, and called on all Californians to voluntarily reduce their water use by 15 percent from 2020 levels; and WHEREAS, the Statewide water use reduction goal of 15 percent from 2020 levels has not been achieved; and
WHEREAS, on March 28, 2022, Governor Newsom subsequently issued Executive Order N-7-22 due to record breaking dry periods in January and February 2022 and the absence of significant rains in March 2022; and
WHEREAS, the Governor’s Executive Order N-7-22 directs the State Water Resources Control Board to adopt emergency regulations by May 25, 2022, including enacting a shortage level of up to 20 percent (Stage II) and banning irrigation of “non-functional” turf in commercial, industrial and institutional sectors (CII) with limited exceptions; and
WHEREAS, the regulations require urban water suppliers, including the City, to implement certain water conservation measures contained in their water shortage contingency plans; and WHEREAS, the regulations specifically require the City to implement the requirements and actions as specified in Stage II of the Water Shortage Contingency Plan; and WHEREAS, the City desires to implement the appropriate water conservation measures contained in the Water Shortage Contingency Plan to ensure a stable and reliable water supply for residents and businesses to help the State address ongoing drought, and to fully comply with the Regulations.

NOW, THEREFORE, THE CITY COUNCIL AND THE INDIO WATER AUTHORITY BOARD DO HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1.The above recitals, and each of them, are true and correct; and Section 2. Pursuant to the City’s Water Conservation ordinance set forth in Section 54.050 et.

Seq. of the City’s Municipal Code, City Council hereby authorizes the City Manager to declare Stage II of the Water Shortage Contingency Plan; and

AGENDA ITEM #10.1
Resolution No. 10284 to declare and enact Stage II of Water Shortage Con... Page 205 of 260 2 Section 3. The declaration of Stage II expands on the City’s existing Water Stage I demand reduction actions; and
Section 4. Stage II prohibits outdoor water use during daylight hours for spray irrigation except for leak checks; encourages use of non-potable water for construction, if available; discourages overseeding; expands the City’s public information campaign; increases water waste patrols; reduces hydrant and dead-end line flushing and prohibits restaurants to serve water except upon request; and Section 5.The City hereby adopts any additional regulations and requirements as declared by the State Water Resources Control Board by May 25, 2022 and formalized by the Office of Administrative Law; and
Section 6. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED AND ADOPTED this 1st day of June, 2022.

___________________________

WAYMOND FERMON

MAYOR/PRESIDENT
ATTEST:
____________________

CYNTHIA HERNANDEZ

CITY CLERK/SECRETARY
APPROVED AS TO FORM:
________________________________

ROXANNE DIAZ

CITY ATTORNEY/GENERAL COUNSEL

AGENDA ITEM #10.1
Resolution No. 10284 to declare and enact Stage II of Water Shortage Con... Page 206 of 260 WHEREAS delivery of water by bottle or truck is necessary to protect human safety and public health in those places where water supplies are disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State's total water supply on an average annual basis but as much as 58 percent in a critically dry year, and approximately 85 percent of public water systems rely on groundwater as their primary supply; and
WHEREAS coordination between local entities that approve permits for new groundwater wells and local groundwater sustainability agencies is important to achieving sustainable levels of groundwater in critically overdrafted basins; and
ATTACHMENT 2

EXECUTIVE DEPA RTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 202 l, May l 0, 202 l, July 8, 202 l, and October 19, 2021, I proclaimed states of emergency that continue today and exist across all the counties of California, due to extreme and expanding drought conditions; and
WHEREAS climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is in a third consecutive year of dry conditions, resulting in continuing drought in all parts of the State; and
WHEREAS the 21st century to date has been characterized by record warmth and predominantly dry conditions, and the 2021 meteorological summer in California and the rest of the western United States was the hottest on record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October and December 202 l gave way to the driest January and February in recorded history for the watersheds that provide much of California's water supply; and WHEREAS the ongoing drought will have significant, immediate impacts on communities with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the two largest reservoirs of the Central Valley Project, which supplies water to farms and communities in the Central Valley and the Santa Clara Valley and provides critical cold-water habitat for salmon and other anadromous fish, have water storage levels that are approximately l. l million acre-feet below last year's low levels on this date; and WHEREAS the record-breaking dry period in January and February and the absence of significant rains in March have required the Department of Water Resources to reduce anticipated deliveries from the State Water Project to 5 percent of requested supplies; and

AGENDA ITEM #10.1
Resolution No. 10284 to declare and enact Stage II of Water Shortage Con... Page 207 of 260 WHEREAS the duration of the drought, especially following a multiyear drought that abated only five years ago, underscores the need for California to redouble near-, medium-, and long-term efforts to adapt its water management and delivery systems to a chang ing climate, shifting precipitation patterns, and water scarcity; and
WHEREAS the most consequential, immediate action Californians can take to extend available supplies is to voluntarily reduce their water use by 15 percent from their 2020 levels by implementing the commonsense measures identified in operative paragraph 1 of Executive Order N-10-21 (July 8, 2021 ); and
WHEREAS to protect public health and safety, it is critica l the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1. The orders and provisions contained in my April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021 Proclamations remain in full force and effect, except as modified by those Proclamations and herein.

State agencies shall continue to implement all directions from those Proclamations and accelerate implementation where feasible.

2. To help the State achieve its conservation goals and ensure sufficient water for essential indoor and outdoor use, I call on all Californians to strive to limit summertime water use and to use water more efficiently indoors and out. The statewide Save Our Water conservation campaign at SaveOurWater.com provides simple ways for Californians to reduce water use in their everyday lives. Furthermore, I encourage Californians to understand and track the amount of water they use and measure their progress toward their conservation goals.

3. By May 25, .2022, the State Water Resources Control Board (Water Board) shall consider adopting emergency regulations that include all of the following:
a. A requirement that each urban water supplier, as defined in section 10617 of the Water Code, shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632.1 of the Water Code no later than June 1, 2022, and submit a fina l annual water

AGENDA ITEM #10.1
Resolution No. 10284 to declare and enact Stage II of Water Shortage Con... Page 208 of 260 supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code;
b. A requirement that each urban water supplier that has submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplier that has not submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum,
shortage response actions established by the Water Board, which shall take into consideration model actions that the Department of Water Resources shall develop for urban water supplier water shortage contingency planning for Level 2, by a date to be set by the Water Board.

To further conserve water and improve drought resiliency if the drought lasts beyond this year, I encourage urban water suppliers to conserve more than required by the emergency regulations described in this paragraph and to voluntarily activate more stringent local requirements based on a shortage level of up to thirty percent (Level 3).

4. To promote water conservation, the Department of Water Resources shall consult with leaders in the commercial, industrial, and institutional sectors to develop strategies for improving water conservation, including direct technical assistance, financial assistance, and other approaches. By May 25, 2022, the Water Board shall consider adopting emergency regulations defining "non-functional turf" (that is, a definition of turf that is ornamental and not otherwise used for human recreation purposes such as school fields, sports fields, and parks) and banning irrigation of non-functional turf in the commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non-turf plantings.

5. In order to maximize the efficient use of water and to preserve water supplies critical to human health and safety and the environment, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended, with respect to the directives in paragraphs 3 and 4 of this Order and any other projects and activities for the purpose of water conservation to the extent necessary to address the impacts of the drought, and any permits necessary to carry out such projects or activities. Entities that desire to conduct activities under this suspension, other than the directives in paragraphs 3 and 4 of this Order, shall first request that the Secretary of the Natural Resources Agency make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary shall use sound discretion in applying this Executive Order to ensure that the suspension serves the purpose of accelerating conservation projects that are necessary to address impacts of the drought, while at the same time

AGENDA ITEM #10.1
Resolution No. 10284 to declare and enact Stage II of Water Shortage Con... Page 209 of 260 protecting public health and the environment. The entities implementing these directives or conducting activities under this suspension shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

6. To support voluntary approaches to improve fish habitat that would require change petitions under Water Code section 1707 and either Water Code sections 1425 through 1432 or Water Code sections 1725 through 1732, and where the primary purpose is to improve conditions for fish, the Water Board shall expeditiously consider petitions that add a fish and wildlife beneficial use or point of diversion and place of storage to improve conditions for anadromous fish. California Code of Regulations, title 23, section 1064, subdivisions ( a) ( 1) (A) (i)-(ii) are suspended with respect to any petition that is subject to this paragraph.

7. To facilitate the hauling of water for domestic use by loca l communities and domestic water users threatened with the loss of water supply or degraded water quality resulting from drought, any ordinance, regulation, prohibition, policy, or requirement of any kind adopted by a public agency that prohibits the hauling of water out of the water's basin of origin or a public agency's jurisdiction is hereby suspended. The suspension authorized pursuant to this paragraph shall be limited to the hauling of water by truck or bottle to be used for human consumption, cooking, or sanitation in communities or residences threatened with the loss of affordable safe drinking water.

Nothing in this paragraph limits any public health or safety requirement to ensure the safety of hauled water.

8. The Water Board shall expand inspections to determine whether illegal diversions or wasteful or unreasonable use of water are occurring and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. When access is not granted by a property owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive.

9. To protect health, safety, and the environment during this drought emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of an existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium- or high-priority without first obtaining written verification from a Groundwater Sustainability Agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability

AGENDA ITEM #10.1
Resolution No. 10284 to declare and enact Stage II of Water Shortage Con... Page 210 of 260 Agency and would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan; or b. Issue a permit for a new groundwater well or for alteration of an existing well without first determining that extraction of groundwater from the proposed well is (1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage nearby infrastructure.

This paragraph shall not apply to permits for wells that will provide less than two acre-feet per year of groundwater for individual domestic users, or that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code.

10. To address household or small community drinking water shortages dependent upon groundwater wells that have failed due to drought conditions, the Department of Water Resources shall work with other state agencies to investigate expedited regulatory pathways to modify, repair, or reconstruct failed household or small community or public supply wells, while recognizing the need to ensure the sustainability of such wells as provided for in paragraph 9.

11. State agencies shall collaborate with tribes and federal, regiona l, and local agencies on actions related to promoting groundwater recharge and increasing storage.

12. To help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the Water Board and Regional Water Quality Control Boards shall prioritize water right permits, water quality certifications, waste discharge requirements, and conditional waivers of waste discharge requirements to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife. For the purposes of carrying out this paragraph, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division, and Chapter 3 ( commencing with section 85225) of Part 3 of Division 35 of the Water Code and regulations adopted pursuant thereto are hereby suspended to the extent necessary to address the impacts of the drought. This suspension applies to (a) any actions taken by state agencies, (b) any actions taken by local agencies where the state agency with primary responsibility for the implementation of the directives concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b). The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

13. With respect to recharge projects under either Flood-Managed Aquifer Recharge or the Department of Water Resources Sustainable

AGENDA ITEM #10.1
Resolution No. 10284 to declare and enact Stage II of Water Shortage Con... Page 211 of 260 Groundwater Management Grant Program occurring on open and working lands to replenish and store water in groundwater basins that will help mitigate groundwater conditions impacted by drought, for any (a) actions taken by state agencies, (b) actions taken by a loca l agency where the Department of Water Resources concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b), Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought. The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

14. To increase resilience of.state water supplies during prolonged drought conditions, the Department of Water Resources shall prepare for the potential creation and implementation of a multi-year transfer program pilot project for the purpose of acquiring water from willing partners and storing and conveying water to areas of need.

15. By April 15, 2022, state agencies shall submit to the Department of Finance for my consideration proposals to mitigate the worsening effects of severe drought, including emergency assistance to communities and households and others facing water shortages as a result of the drought, facilitation of groundwater recharge and wastewater recycling, improvements in water use efficiency, protection of fish and wildlife, mitigation of drought-related economic or water-supply disruption, and other potential investments to support short- and long-term drought response.

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 28th
day of March 2022.

I I
,:, .l · I'
t (.1 I
l~~-~--

GAVIN NEWSOM
Governor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State

AGENDA ITEM #10.1
Resolution No. 10284 to declare and enact Stage II of Water Shortage Con... Page 212 of 260 City of Indio
City Council
June 1, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Certificate of Public Convenience or Necessity (PCN 21-10-9) for El Indio Sports Bar located at 44-221 Jackson Street, Suite B, Indio, CA 92201 to allow the on and off premises sale of beer, wine, and of distilled spirits.

RECOMMENDATION:

Approve the request for Certificate of Public Convenience or Neces sity for issuance of a Type 42 license, for El Indio Sports Bar located at 44 -221 Jackson Street, Suite B, Indio, CA 92201 to allow the on and off premises sale of beer, wine, and of distilled spirits.

SUMMARY:

Ashlee Suarez, the Applicant, has filed an application with the City for a Certificate of Public Convenience or Necessity for El Indio Sports Bar to obtain a Type 42 license for the on and off premises sale of beer, wine, and of distilled spirits. A Type 4 2 license is a “Bar, Tavern” license and minors are not allowed to enter and remain on the premises. Prior to the issuance of a license by the California Alcohol and Beverage Control (ABC), the City of Indio City Council must make a determination if the sale of alcohol for the business serves a public convenience or necessity.

BACKGROUND INFORMATION:

The Applicant, initiated an application with the California Department of Alcohol and Beverage Control (ABC) for a Type 42 license to allow “the sale of beer , wine, and distilled spirits for consumption on and off the premises where sold” at the El Indio Sports Bar. ABC has determined that the subject property is within a geographical area defined as an area of “undue concentration.” This means that the number of licenses for the sale of alcoholic beverages exceeds the amount that is permitted by ABC in that particular census tract. Currently, the census tract in which El Indio Sports Bar is located in is authorized for two (2) on sale licenses. In such case, ABC is required to deny an application for a license if the issuance of a license would result in or add to an “undue concentration” of licenses.

Notwithstanding, California State law allows ABC to issue a license if the legislative body of the area in which the premises are located (City of Indio) determines that the applicant’s license request serves the public convenience or necessity.

El Indio Sports Bar is located within Census Tract 0453.03 (“Census Tract”), in which five (5) ABC licenses are currently accounted for, as specified in Table 1 below:

AGENDA ITEM #10.2
Certificate of Public Convenience or Necessity (PCN 21-10-9) for El Indi... Page 213 of 260

TABLE 1

# License Type Business Name Address Status
1 40
Joga Bonito
Indoor Soccer
Academy
82855 Market St.,
Suite J200
Indio, CA 92201
Active

2 48 La Terraza VIP
Sports Bar
44731 Jackson
St.,
Indio, CA 92201
Active
3 47 Allende
Restaurant
44105 Jackson
St.,
Indio, CA 92201
Active

4 41 Kowloon Chinese
Food
44221 Jackson
St., Suite C
Indio, CA 92201
Active

5 47 Huertas
Restaurant
44216 Jackson
St., Suite B
Indio, CA 92201
Active

ANALYSIS: El Indio Sports Bar is located within the Community Commercial (CC) zone surrounded by a variety of similar retail and restaurant uses. Pursuant to section 159.221 (J) of the Indio Municipal Code, a bar is a permitted land use in the CC zoning district.

According to the Census Reporter (censusreporter.org, April 2022), Census Tract 0453.03 is 1.2 square miles with a population of 1,999 persons. There are approximately 843 homes in this census tract with a median household income of $22,813. Furthermore , 22% of the population is under the age of 18, 65 % within the ages of 18 to 64, and 12% are 65 years of age and over. The median age is 37.5.

The project site is generally surrounded by Neighborhood Commercial (NC), Regional Commercial (RC), and Commu nity Commercial (CC) land uses. There is one school located within a half -mile distance from the subject property (Eisenhower Elementary). The General Plan land use designations, zoning, and current land uses are outlined below in Table 2:

TABLE 2

GENERAL PLAN ZONING EXISTING LAND USE
North: Neighborhood Center Community
Commercial (CC) Commercial Center
South: Neighborhood Center Regional Commercial
(RC) Restaurant
East: Neighborhood Center Neighborhood
Commercial (NC) Restaurant
West: Neighborhood Center Regional Commercial
(RC) Vacant

El Indio Sports Bar, is proposed to be located within an existing multi -tenant commercial building, which is approximately 3,800 square feet in size, and contains three (3) individual units. El Indio Sports

AGENDA ITEM #10.2
Certificate of Public Convenience or Necessity (PCN 21-10-9) for El Indi... Page 214 of 260 Bar would occupy one of the units. The other two (2) units are occupied by; 1) a restaurant, “Kowloon Chinese Restaurant”, and 2) a beauty/barbershop.

The sports bar property consists of approximately 1,100 square feet of facility space with a 150 square foot bar area. The floor plan submitted by the Applicant (Attachment E), includes a bar area, two (2) restrooms, storage space, two (2) pool tables, an office, and approximately thirteen (13) tables with four (4) chairs each, are aligned on the outer sides of the bar. The facility will accommodate approximately sixty-one (61) seats. The starting operation of the bar will employ two (2) staff members with the potential to employ additional personnel in the future as time and finances permit. The proposed hours of operation for El Indio Sports Bar will be from Monday to Sunday within the hours of 2:00 p.m. and 1:45 a.m.

Staff supports the Applicant’s requ est and finds that the Public Convenience and Necessity is appropriate in this case. The census tract in which the property is located has undergone substantial growth in terms of development (residential and commercial), and increased population, to date.

Therefore, additional alcohol licenses could be beneficial. The operation of the proposed bar is consistent with the City’s current zoning regulations. Moreover, this same unit was previously operated as a sports bar known as Kao’s Sports Bar, which had z ero complaints with law enforcement and/or surrounding businesses. Lastly, the sale of alcoholic beverages in conjunction with the operation of a sports bar will serve the public convenience, similar to other facilities located throughout the Coachella Valley.

POLICE DEPARTMENT BACKGROUND CHECK INVESTIGATION: The Indio Police Department (IPD) conducted a review of the application and a background investigation of Ms. Ashlee Suarez, (the Applicant), the current owner/operator of El Indio Sports Bar. IPD reported that Ms. Ashlee Suarez completed not is IPD Therefore, 2022. 27, April of as check background the passed and recommending any specific conditions of approval associated with this request. Furthermore, IPD, in partnership with ABC, is empowered to e nforce the laws related to the sale of alcohol from the proposed establishment.

PCN DETERMINATION: Based on the information submitted by the Applicant, a review of the site and floor plans for the business, and consultation with the Indio Police Depart ment, City staff recommends that the City Council approve the Applicant’s request for a determination of public convenience or necessity.

FISCAL IMPACTS: The request is for a Certificate of Public Convenience or Necessity. If approved, El Indio Sports Bar, would be subject to future sales tax payments as required and applicable.

PUBLIC NOTICE: A 10-day public hearing notice was published in the Desert Sun newspaper, the newspaper of record on May 13, 2022 and a notice was sent to all property owners within 300 feet of the subject property on May 11, 2022. As of the date of this agenda report, there have been no written comments received regarding this request.

ATTACHMENTS:

A. Vicinity Map
B. Census Tract Map
C. Copy of Application to the City
D. Copy of Pending Application to ABC
E. Copy of El Indio Sports Bar Floor Plan

AGENDA ITEM #10.2
Certificate of Public Convenience or Necessity (PCN 21-10-9) for El Indi... Page 215 of 260

ATTACHMENTS:

Attachment A- Vicinity Map
Attachment B- Census Tract Map
Attachment C- Application Certificate of Public Convenience and Necessity_Redacted Attachment D- Department of ABC
Attachment E- El Indio Sports Bar Floor Plan

APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 24 May 2022 Steven Graham, City Attorney Approved - 25 May 2022
Bryan H. Montgomery, City Manager Approved - 26 May 2022

AGENDA ITEM #10.2
Certificate of Public Convenience or Necessity (PCN 21-10-9) for El Indi... Page 216 of 260

Vicinity Map

All maps are not to scale, and are for relative location purposes only

Project Site

AGENDA ITEM #10.2
Certificate of Public Convenience or Necessity (PCN 21-10-9) for El Indi... Page 217 of 260 Census Tract Map

All maps are not to scale, and are for relative location purposes only

https://censusreporter.org/profiles/14000US06065045303-census-tract-45303-riverside-ca/

AGENDA ITEM #10.2
Certificate of Public Convenience or Necessity (PCN 21-10-9) for El Indi...Page 218 of 260 City of lndio
A Iication Fee: 1000.00
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Development Services Department
100 Civic Center Mall
lndio, California 92201
(760) 391-4120
(760) 391-4027 Fax
wvvw.indio.org

APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (Alcoholic Beverage Sales)
Complete and return this form to the City of lndio, 100 Civic Center Mall, lndio, California 92201 Completed form must include Appendix A (City).

Please print or all information:

1. Name of Applicant
Residential Address
Length of Time at Above Address
Telephone Number
Date of Birth
Social Security Number
Driver’s License Number

2. Name of Business
Type of License
_
Business Address
Mailing Address
Business Phone Number

3. Type of Organization (Please Check One)
Sole Proprietor Partnership Corporation

4. Names of Partners or Corporation Officers
Name & Title
Home Address
Phone Number

AGENDA ITEM #10.2
Certificate of Public Convenience or Necessity (PCN 21-10-9) for El Indi... Page 219 of 260 ApglicanfsResgonsibility
MailingLabelsApplicationsmustbeaccompaniedby:
0Typedmailinglabelsofpropertyownerswithina300footradiusofsubjectparcel.oCurrentassessor'smapsofpropertiesincludedwithlabels.0Currentassessor'slistofpropertyincludedonlabelsmustbeprovidedbyandcertifiedastoaccuracybyatitlecompanyortheRiversideCountyAssessor'sOffice.Tofulfilltherequirementthatnoticebegivenbymailtoallpersonsincludingbusinesses,corporationorotherpublicorprivateentitiesshownonthelastequalizedassessmentroleasowningrealpropertywithin300feetofthepropertyforwhichthesubjectapplicationissubmitted.AllnoticeswillbemailedbytheCityClerk'sOffice.Foranyquestionspertainingtothismatter,pleasecontacttheofficeoftheCityClerkorcall(760)391-4197.

BelowisapartiallistofTitleCompanies.Addressesandphonenumberscanbeobtainedfromthephonebookintheyellowpagesunder"Title":ChicagoTitleInsuranceCompanyCommonwealthLandTitleInsuranceCompanyFirstAmericaTitleCompanyOrangeCoastTitleCompanyofRiversideYOURAPPLICATIONMUSTBEACCOMPANIEDBYTHEABOVEREQUIREMENTSINORDERFORPROCESSINGTOBEGIN.YOURAPPLICATIONWILLNOTBEACCEPTEDWITHOUTTHESEITEMS APPLICATIONFEE:$1,000.00

AGENDA ITEM #10.2
Certificate of Public Convenience or Necessity (PCN 21-10-9) for El Indi... Page 220 of 260

4.442:= &a%/
=7,’/@576’/L1/a2\
Manager(ifdifferentfromowner/applicant):Name AddressDateofBirth: Driver'sLicenseOf?cersoforganizationName: AddressDateofBirth CityName: Address:DateofBirth City:Name Address:DateofBirth City:

1.Howmanyvehicleswillbeinvolvedwiththebusiness?2Attachacopyofyourvehicleregistration.3.Attachacopyofyourvehicleinsurance.4AttachacopyofthevehiclesafetyinspectionformfromtheCHP.YoumustcontactthelndioCHPat760.772.8989Monday-Fridaytosetupanappointmentforthecommercialvehicleinspection).5.AttachacopyofyourdrivingrecordfromtheDepartmentofMotorVehicles.6.NameofInsurancecarrierforthebusiness:Attachacopyoftheinsurancepolicy.7.IsyourbusinessrequiredtohaveaHealthDepartmentinspection:NyesElno8.Areyourequiredtohaveacitylicensedsecuritycompanyforyourbusiness?ElyesElno9.Ifyes,attachacopyofthesignedcontract.10.isanABClicenserequiredforyourbusiness?KyesIIIno11.Attachanystateornonpro?tlicenses.12.Attachallcopiesofinspectionformsfromthebusinessdepartment,cityplanningdepartment,firedepartment,andcodeenforcement.13.Beforethebackgroundprocesscanbestarted,allrequireddocumentationmustbecompletedandattachedtothisapplication.Failuretodosowillstoptheprocessofyourbusinesslicenseapplication.Afteralloftheaboveitemsareobtained,pleasecalllndioPoliceDepartmentat760.347.8522tosetupanappointmentforaninterviewbyabackgroundinvestigator.Icertifythatallstatementsmadeinthisapplicationaretrueandcomplete,tothebestofmyknowledge.Iunderstandthatanyfalse,misleading,orincompletestatementsofmaterialfactswillsubjectmetodisquali?cationordenial.Signature DateSignature DatePage2 form:Background-IPD

AGENDA ITEM #10.2
Certificate of Public Convenience or Necessity (PCN 21-10-9) for El Indi... Page 221 of 260 ’
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emxmm9,Samoazassg-1aspdoesng;minemmambring mplstsdformInABCwhen?lingmeappxicau gggllcanl(11gammlaSection2
ag?fcamkg[akamg‘/o_rrntothelag!gm/emtmbgdzmksdesignatedsubardlnataaf?cer0!ExtohavethemmmglstsSam3 DepartmentofAlcoholicBeverageControl GavinNgféggg:'yé’r'r'1‘(I:INFORMATIONANDINSTRUCTIONS-SECTION23958.4B&PInstructionsThisformistobeusedforallapplicationsfororiginalissuanceorpremisestopremisestransferoflicenses.-Part1istobecompletedbyanABCemployee,giventoapplicantwithpre-applicationpackage,withcopyretainedinholding?leorapplicant'sdistrict?le.,Part2istobecompletedbytheapplicant,andreturnedtoABC.Part3istobecompletedbythelocalgoverningbodyoritsdesignatedsubordinateof?cerorbody,andreturnedtoABC. 2PREMISESADDRESS(Streetnumberandname,city,zipcode) 3LICENSETYPE44221JACKSONST.,#B,INDIO,CA92201-3276FullServiceRestaurantHofbrau/CafeteriaCocktailLounge PrivateClubDeliorSpecialtyRestaurantComedyClub NightClub VeteransClubCafe/CoffeeShop BrewPub Tavern:Beer FraternalClubBed&Breakfast:Theater Tavern:Beer&Wine WineTastingRoom:IWineonlyEA"SupermarketMembershipStoreServiceStation SwapMeet/FleaMarketLiquorStore DepartmentStore ConvenienceMarket Drive-inDairyDrugNarietyStore Florist/GiftShop ConvenienceMarketw/GasolineEOther-describe:BARPOPULATION 7RATIOOFOn-SaleOff-Sale On-SaleOff-SaleOn-Sale On-SaleOff-Sale(ie.doesthenumberofexistinglicensesexceedsthenumberallowedNo,thenumberofexistinglicensesislowerthanthenumberallowedE|Yes(GotoItem#13) LNo(GotoItem#20) fromallcrimeYes,thetotalnumberofoffensesinthereportingdistrictequalsorexceedsthetotalnumberinitem#17No,thetotalnumberofoffensesinthereportingdistrictislowerthanthetotalnumberinitem#1720CHECKTHEBOXTHATAPPLIES(checkonlyonebox)?a.If"?"ischeckedinbothit11tern#1 isapplication,andnoadditionalinformationwillbeneededonthisissue.Advisetheappltothisco ion.b.if"Yes“ischeckedineitheritem#11o_ritem#19,?itheapplicantisapplyingforanon-retaillicense,aretailbonafidepubliceatingplacelicense,aretaillicenseissuedforahotel,motelorotherlodgingestablishmentasdefinedinSection25503.16(b)B&P,oraretaillicenseissuedinconjuctionwithabeermanufacturer'slicense,orwinegrower‘slicense,advisethe andbringthecompletedformtoABCwhenfilingtheapplicationorassoonaspossiblethereafter.c.If"Yes"ischeckedineitheritem#11o_ritem#19,?itheapplicantisapplyingforanoff-salebeerandwinelicense,anoff-salegenerallicense,anon-salebeerlicense,anon-salebeerandwine(publicpremises)license,oranon-salegeneral(publicpremises)license,advisethe.ThecompletedformwillneedtobeprovidedtoABCinordertoprocesstheapplication.GoverningBody/DesignatedSubordinateName:

ABC-245(rev.01-11)
PART1-TOBECOMPLETEDBYABC1APPLICANTSNAMEMARISELABRA VOMAGANA;ASHLEEMARIESUAREZ 453.03 2 X

FORDEPARTMENTUSEONLY
Off—Sa|e6
42 6TOTALNUMBEROFLICENSESINCOUNTY TIONINCOUNTY
8CENSUSTRACTNUMBER9NOOFLICENSESALLOWEDINCENSUSTRACT EXISTINGINCENSUSTRACT 11ISTHEABOVECENSUSTRACTOVERCONCENTRATEDWITHLICENSES?topopulationinthecensustractexceedtheratiooflicensestopopulationfortheentirecounty?) 12DOESLAWENFORCEMENTAGENCYMAINTAINCRIMESTATISTICS?
13CRIME NUMBER14TOTALNUMBEROFREPORTINGDISTRICTS15TOTALNUMBEROFOFFENSESINALLREPORTINGDISTRICTS 16A VERAGENO.OFOFFENSESPERDISTRICT17120%OFA VERAGENUMBEROFOFFENSES18.TOTALNUMBEROFOFFENSESINREPORTINGDISTRICT TEDINAHIGHCRIMEREPORTINGDISTRICT?(ie.hasa20%greaternumberofreportedcrimesthantheaveragenumberofreportedcrimesasreportingdistrictswithinthejurisdictionofthelocallawenforcementagency) PREPAREDBY(NameofDepartmentEmployee)

AGENDA ITEM #10.2
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Theapplicantnamedonthereverseisapplygforalicensetosellalc beve ndueconcentrists(anover-conqentvationoflicensesandloris herthanaveragecrimer de?n B|.lSIn5_SSand ionsCode).Sections23958and23958.4ofthesinessandProfessionsCoderequirestheDegartrnenttodenytheapplicationnlessthelocgovemlngcodypfthearealnwhlchtheapplicantpremisesareIqcated,oritsd€$lgl'ISledsuordinateof?cerorbe.detenrieswlthin90eyeofnotl?cation01acompletedeplicationthatpublic(_30l'|Vel'tIel']C9ornecessitywouldbeservedbytheissuance. _PleasecompleteItems#24to#30beowandcertifyqraffixanomcialseal,orattachacopyoltheOouncllorBoardresolutloorasignedletteronol?cialletterheadstatlngwhetherornottheissuanceoftheappliedforlicensewouldserveasapublicconveniencernecasity.

PART2-TOBECOMPLETEDBYTHEAPPLICANT(Ifbox#20bischecked)21.Basedontheinformationonthereverse,theDepartmentmayapproveyourapplicationifyoucanshowthatpublicconvenienceornecessitywouldbeservedbytheissuanceofthelicense.Pleasedescribebelowthereasonswhyissuanceofanotherlicenseisjustifiedinthisarea.Youmayattachaseparatesheetoradditionaldocumention,ifdesired.DonotproceedtoPart3.

PART3-TOBECOMPLETEDBYLOCALOFFICIALS(Ifbox#20cischecked)oholicragesatapremiseswhereu ationexi.e.,ateaseInSection23958.4ofthe ProfessIu ainno 22APPLICANTSIGNATURE
24WILLPUBLICCONVENIENCEORNECESSITYBESERVEDBYISSUANCEOFTHISALCOHOLICBEVERAGELICENSE?SeeAttached(i.e.,letter.resolution.etc.)25ADDITIONALCOMMENTS.IFDESIRED(mayincludereasonsforapprovalordenialofpublicconvenienceornecessity):

28.CITY/COUNTYOFFICIALPHONENUMBER

29.CITY/COUNTYOFFICIALSIGNATURE 30.DATESIGNED
ABC-245REVERSE(rev.01-11)
26 Yes

DATESIGNED

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AGENDA ITEM #10.2
Certificate of Public Convenience or Necessity (PCN 21-10-9) for El Indi... Page 224 of 260 City of Indio
City Council
June 1, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Resolution No. 10285 approving Tentative Parcel Map No. 38293 (TPM 21-11- 413) to subdivide a 5.66 -acre parcel into two (2) separate parcels, located at 78-550 Varner Road.

RECOMMENDATION:

Adopt Resolution No. 10285, approving Tentative Parcel Map No. 38293 (TPM 21 -11-413) to subdivide a 5.66-acre parcel located at 78-550 Varner Road, Indio, CA 92203, into two (2) separate parcels, and finding the project is exempt from environmental review pursuant to Section 15315 (Minor Land Divisions) of the California Environmental Quality Act guidelines.

SUMMARY:

Fiesta Kia, the Applicant, is proposing to subdivide an existing 5.66-acre parcel into two (2) separate parcels. Parcel 1 would be 3.77 acres in size and Parcel 2 would be 1.88 acres. Parcel 1 consists of the Fiesta Kia auto dealership that is currently under construction. Parcel 2 would be vacant land and may serve for future commercial development purposes. Parcel 2 has a General Plan land use designation of Regional Commercial (RC) and is currently zoned Business Park (BP) District.

BACKGROUND INFORMATION:

On November 6, 2020, Robinson Hill Architecture Inc. applied for the following: 1) Environmental Assessment (EA 20 -11-553); 2) Conditional Use Permit (CUP 20 -11-1065); and 3) Design Review (DR 20-11-481).

Accordingly, on May 26, 2021, the Planning Commission conducted a public hearing and following the close of the hearing approved Resolution No. 1994, Resolution No. 1995, and Resolution No. 1996.

ANALYSIS: The following provides the analysis of the Project as it relates to the General Plan environmental assessment and the Subdivision Map Act.

The General Plan Land Use designations, zoning, and existing uses are identified in Table 1 below.

AGENDA ITEM #10.3
Resolution No. 10285 approving Tentative Parcel Map No. 38293 (TPM 21-11... Page 225 of 260

I. ENVIRONMENTAL ASSESSMENT

Staff has determined that the proposed Project is categorically exemp t from the requirements of the California Environmental Quality Act (CEQA) (Public Resource Code 21000 et seq) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) pursuant to CEQA Guidelines Sections 15315 (Minor Land Division) for the following reasons:

“Class 15 consists applies to the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have a n average slope greater than 20 percent.”

The proposed Project complies with these requirements as follows:

1. The proposed division is within the City of Indio, an urbanized area.

2. The project has a zoning designation of Business Park (BP), and a General Plan designation of Regional Commercial (RC).

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3. The subdivision of property will result in a division of land resulting in two (2) commercial parcels.

4. As detailed below, the pr oject conforms to the General Plan and applicable zoning. No variances or exceptions are required.

5. Access to all services and access to the proposed parcels to local standards are available. City Departments and public utility agencies have reviewed the site to confirm the proposed project is supported by service infrastructure, including water and sewer provided by CVWD and power provided by IID. Access to the Project Site is provided with ingress and egress on Varner Road and Fifties Way.

6. The parcel was not involved in a division of a larger parcel within the previous two (2) years, and the parcel does not have an average slope greater than 20 percent.

Accordingly, staff recommends the City Council, based on its own independent judgment, find that the project is exempt under CEQA Guidelines Section 15315 and that no further environmental review is required.

II. FINDINGS AND CONCLUSIONS

The Subdivision Map Act, in Government Code Section 66474, sets forth the findings required for tentative maps and are summarized as follows:

A. The proposed map is consistent with applicable general and specific plans as specified in Section 65451;

The General Plan 2040 specifies a Regional Commercial (RC) land use designation for the subject property. The RC land use is intended to allow large -format retail, commercial services, lodging, entertainment, restaurant, parks and recreation. Moreover, this district is located near major freeway connections and around major intersections. The resultant parcels will accommodate new commercial services, including a commercial car dealership, consistent with the RC land use designation.

Pursuant to the Chapter 3 (Land Use and Urban Design) of the Indio General Plan 2040, the RC district does not have a specific density requirement. However, there is a commercial Floor Area Ratio (FAR) requirement range of 0.35 to 1.0. The proposed Tentative Parcel Map No. 38293 p rovides for the subdivision of the 5.66 acre parcel site into (2) two separate commercial parcels.

The parcels are located within the Interstate 10 (I-10) Employment Corridor. The Interstate 10 corridor consists primarily of industrial land – with fragments of older neighborhoods – along the railroad line and Indio Boulevard (historic Highway 99), and auto-oriented regional commercial uses. General Plan Land Use Policy LU -1.1 - Overall City Structure emphasizes, “Maintaining the I -10 Employment Corridor subarea as a critical economic engine for the City.” The proposed TPM will subdivide an existing commercial parcel into two separate parcels to facilitate commercial development consistent with previously approved entitlements as well as future entitlements to be obtained.. This is consistent with Policy LU-1.1, as the project will facilitate development and economic growth on the I-10 Corridor.

B. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans;

AGENDA ITEM #10.3
Resolution No. 10285 approving Tentative Parcel Map No. 38293 (TPM 21-11... Page 227 of 260 The proposed project and its proposed design and improvements are consistent with the General Plan land use designation of Regional Commercial (RC). The table below illustrates the new parcels and the lot sizes.

The proposed project is required to conform to the land uses and zoning development standards of the Business Park (BP), pursuant to the Indio Municipal Code (IMC) Section 159.300. The general development standards establish all of the following: minimum street frontage setbacks, minimum rear setback and side setback distances. This subject property is not found within a Specific Plan.

Therefore, the proposed project, including the design and improvements, are consistent with the applicable general plan.

C. The site is physically suitable for the type of development;

The site is physically suitable for the type of development in keeping with the requirements of the general development standards of the Indio Municipal Code and General Plan 2040. The proposed project site is a 5.66 acre site and the parcel is adequate to accommodate the proposed two (2) individual commercial parcels. The project site has been designed to provide the required accesses, utilities, and drainage facilities. The varying parcel sizes of the proposed subdivisio n design make available for adequate roadways and infrastructure that allows for the site to be physically suitable for commercial development. Furthermore, the site has a minimal slope, all public services are available and there are no physical constraints. Therefore, it can be determined that the proposed subdivision is physically suitable for the site.

D. The site is physically suitable for the proposed density of development;

The General Plan land use designation Regional Commercial (RC) does not c ontain a density requirement. Therefore, the site of the proposed subdivision contemplated under Tentative Parcel Map No. 38293 will comply with the applicable development standards of the BP zoning designation.

E. The design of the subdivision or the p roposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

Pursuant to the CEQA Guidelines, the proposed project qualifies for a categorical exemption from the requirements of the California Environmental Quality Act (CEQA) (Public Resource Code 21000 et seq) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) pursuant to CEQA Guidelines Sections 15315 (Minor Land Divisio n). The project site is surrounded by urban and commercial uses and there is no presence of fish or wildlife or their habitat on this property. The project is therefore not likely to cause substantial environmental damage and within the City and provides no fish or significant wildlife habitat.

Furthermore, as analyzed in the Initial Study/Mitigated Negative Declaration conducted by LSA Associates, Inc., “no sensitive natural communities identified in local or regional plans, policies, or

AGENDA ITEM #10.3
Resolution No. 10285 approving Tentative Parcel Map No. 38293 (TPM 21-11... Page 228 of 260 regulations are present within the study area (subject pro ject site).” Therefore, implementation of the project would result in no impact to causing environmental damage, injure fish, wildlife, or their habitat.

F. The design of the subdivision or type of improvements are not likely to cause serious public health problems;

The proposed design of the subdivision or type of improvements contemplated by the proposed project are not likely to cause serious public health problems. The proposed project will be conditioned to ensure all common area structures, landsc aping, sidewalks, parking lot surfacing, and all other improvements within the proposed project must be continually maintained in good condition and repair, all dead or dying landscape material must be replaced with new landscape material, and a security construction plan must be submitted.

A Coachella Valley Water Management Plan was prepared by local agencies including the Coachella Valley Water District (CVWD), the Desert Water Agency, the Coachella Water Authority, and Indio Water Authority (IWA). The project has been planned intentionally so that construction will not impact the ground water quality negatively. The factors that were taken into consideration during the planning process were; the specific ground water depth and the effectiveness of pr oven construction project site anti-infiltration measures. Notably there is no direct route for storm water to permeate during the construction phase of this project. Additionally, it is also noteworthy that the subject construction project is required to have operational and securely implemented “Best Management Practices” (BMP), as an integral aspect of the overall construction project.

Moreover, temporary construction activities could generate exhaust emissions and fugitive dust due to the use of construction equipment that could have an odor, however, odors would be limited to the immediate vicinity of the project site and would cease once project construction is complete.

The development is required to remain in compliance with these conditions so as to prevent or cause the subdivision and its improvements from bringing about or purposely creating any public health problems for those that enter the development. There have been proper planning and implementation of onsite improvements such as: stor m drainage, sanitary sewer, water, streets and all utilities are available to the site and have capacity to accommodate the project.

The specific subdivision has been designed in a manner where the parcels have the necessary infrastructure to adequately serve the development and all proposed uses as allowed by the zoning ordinances that regulate the project. Accordingly, compliance with the applicable standards for the existing structures and the conditions of approval will prevent the proposed project f rom being detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

G. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

The design or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. Public utilities for electricity, water, sewer, telecommunications, and gas service have all been assessed for availability. The access points to the proposed project have been reviewed and approved by the Fire Department and Public Works as part of the overall approval of the proposed project. Tentative Parcel Map No. 38293 includes easements for roadways, drainage facilities, and utilities that will be recorded in the final map.

There are no known public easements traversing the subject site that would be adversely affected by

AGENDA ITEM #10.3
Resolution No. 10285 approving Tentative Parcel Map No. 38293 (TPM 21-11... Page 229 of 260 the proposed project. Therefore, the design of the subdivision will not conflict with easements acquired or required by the public at large, for access through or use of the property.

Conclusion:

Based on the preceding informa tion provide herein this report, staff concludes that the findings set forth in Government Code Section 66474 can affirmatively be made for proposed Tentative Parcel Map No. 38293 (TPM 21 -11-413). The proposed project is consistent with the General Plan a s it meets the Regional Commercial (RC) land use designation and the BP zoning designation. The proposed subdivision is consistent with General Plan Land Use Policy LU -1, Urban Form (LU-1.1) in maintaining the I-10 Employment Corridor subarea as a critical economic engine for the City.

The design of the commercial subdivision will not conflict with easements acquired by the public at large, for access through or use of property within the proposed subdivision as all such improvements will be constructe d to be adequate for the proposed project, and it will not cause substantial environmental damage or substantially avoidably injure fish or wildlife or their habitat. The required conditions of approval ensure the proposed project from being detrimental to the public health, safety or welfare and actually protect and promote the public health, safety and welfare, and the conditions prevent material injury to properties or improvements in the vicinity.

III. PLANNING COMMISSION ACTION

The Planning Commis sion conducted a public hearing for the proposed Tentative Parcel Map No. 38293 (TPM 21-11-413) on April 27, 2022. The Planning Commission voted 5 -0 to adopt Resolution No. 2021 recommending that the City Council approve Tentative Parcel Map No. 38293 and find that the Project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to CEQA Guidelines Section 15315 (Minor Land Divisions).

IV. PUBLIC NOTICE

A Notice of Public Hearing for the City Council’s public hearing in the Desert Sun newspaper on Friday May 20, 2022. Further, the Community Development Department mailed a Notice of Public Hearing to all property owners within 300 feet of the subject properties on Thursday May 12, 2022. No written comments have been received on the Tentative Parcel Map as of the date of this Staff Report.

V. ATTACHMENTS:

1. Resolution No. 10285

2. Vicinity Map

3. Tentative Parcel Map No. 38293

4. Planning Commission Resolution No. 2021

ATTACHMENTS:

Attachment A. Resolution No. 10285
Attachment B . Vicinity Map
Attachment C. Tentative Parcel Map No. 38293
Attachment D. Planning Commission Resolution No. 2021

AGENDA ITEM #10.3
Resolution No. 10285 approving Tentative Parcel Map No. 38293 (TPM 21-11... Page 230 of 260 APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 26 May 2022 Roxanne Diaz, City Attorney Approved - 26 May 2022
Liberty Urban, Finance Manager Approved - 26 May 2022
Bryan H. Montgomery, City Manager Approved - 26 May 2022

AGENDA ITEM #10.3
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RESOLUTION NO. 10285

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 38293 (TPM 21-11-413) TO SUBDIVIDE A 5.66 ACRE PARCEL OF LAND (APN: 748-280-014, 748-280-015, AND 748-280-018) INTO TWO (2) COMMERCIAL PARCELS.

WHEREAS, on October 22, 2021, Mr. Paul Thiel “the Applicant” submitted a Tentative Parcel Map application to subdivide an 5.66 acre parcel of land into two (2) commercial parcels; and,

WHEREAS, the Project site is located at the northwest corner of Varner Road and Fifties Way (APN: 748-280-014, 748-280-015, and 748-280-018); and,

WHEREAS, the Project is within the Regional Commercial (RC) land use designation and Business Park (BP) zoning district; and,

WHEREAS, on April 27, 2022, the Planning Commission held a duly noticed public hearing to consider the application for the Project during which evidence, both written and oral, including the staff report and supporting documents, was presented at said hearing. At the conclusion of the hearing, the Planning Commission adopted Resolution No. 2021 recommending that the City Council approve Tentative Parcel Map No. 38293;

WHEREAS, notice of a public hearing was conducted in accordance with Section 159.905 of the Indio Municipal Code, inclusive of the publication on May 20, 2022, of a legal public hearing notice in the Desert Sun, the City’s newspaper of record and mailing of a public hearing notice to a certified list of property owners within 300 feet of the subject properties on May 12, 2022; and

WHEREAS, on June 1, 2022, the City Council held a duly noticed public hearing to consider the application for the Project during which evidence, both written and oral, including the staff report and supporting documents, was presented at said hearing.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:

SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the recitals of this Resolution are true and corr ect and are incorporated into this Resolution by reference and constitute a material part of this Resolution.

SECTION 2. Pursuant to the requirements of the California Environmental Quality Act (CEQA) the Project, was reviewed and found exempt under CEQA Guidelines Sections 15315 (Minor Land Division) for the following reasons: The Tentative Parcel Map would divide property into (2) two commercial parcels in the City of Indio, an urbanized

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area, at a site zoned for commercial uses under Regional Commercial (RC) - General Plan land use designation and Business Park (BP) zoning district. The division is in accordance with the General Plan and zoning, no variances or exceptions are required, and all services and access to the proposed parcels are available. Fu rthermore, the parcel was not involved in a division of a larger parcel within the previous two years, nor does the parcel have an average slope greater than 20 percent. Therefore, the City Council, based on its own independent judgment and review of the record in full, finds the Project is exempt from further review pursuant to Section 15315 of the CEQA Guidelines.

SECTION 3. Based upon the evidence presented at the hearing, including the staff report, the City Council hereby finds and determines:

A. The General Plan 2040 designates a Regional Commercial (RC) land use designation for the subject property. The (RC) land use is intended to allow large -format retail, commercial services, lodging, entertainment, restaurant, parks and recreation.

Moreover, this district is located near major freeway connections and around major intersections. Pursuant to the Chapter 3 (Land Use and Urban Design) of the Indio General Plan 2040, the (RC) district does not have a specific density requirement.

However, there is a commercial Floor Area Ratio (FAR) requirement range of 0.35 to

1.0. The proposed Tentative Parcel Map No. 38293 provides for the commercial subdivision of the 5.66 acre parcel site into (2) two separate commercial parcels and will maintain conformance to the required environment of its surroundings.

Furthermore, City Departments and public utility agencies have reviewed the site to confirm the proposed project is supported by the infrastructure.

B. The Project and its design and improvements are consistent with the General Plan 2040 land use designation of Regional Commercial (RC).

C. The proposed project is required to conform to the land uses and zoning development standards of the Business Park (BP ), pursuant to the Indio Municipal Code (IMC) Section 159.300. The general development standards establish all of the following:
minimum street frontage setbacks, minimum rear setback and side setback distances. This subject property is not found within a Specific Plan. The future construction of either commercial and or residential will need to comply with the development standards of the applicable zoning district as well as obtain design review approval from the City Council. Accordingly, the Project, including the design and improvements, is consistent with the applicable general plan.

D. The site is physically suitable for the type of development of commercial lots. The Project site is a 5.66 acre site; the parcel is adequate to accommodate the (2) two single commercial parcels, with access, utilities, and drainage facilities. The parcel size of the subdivision design provides for adequate roadways and infrastructure that allows for the site to be physically suitable for commercial development. Furthermore,

AGENDA ITEM #10.3
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the site has a minimal slope, all public services are available and there are no physical constraints. Therefore, the subdivision is physically suitable for the site.

E. The site of the subdivision contemplated under the Project will result in two (2) single parcels in compliance with the applicable development standards of the zoning designation. The Project has no density requirement as set forth by the General Plan Regional Commercial land use designation. The Project does not include any requests for increases in density. The site is adequate in shape and size to accommodate the development.

F. Pursuant to the CEQA Guidelines, the Project qualifies for a categorical exemption from the requirements of the California Environmental Quality Act (CEQA) (Pub lic Resource Code 21000 et seq) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) pursuant to CEQA Guidelines Sections 15315 (Minor Land Division). The site is served by streets adequate in width and pavement type to carry the quantity and type of traffic expected to be generated by the development. The project site is surrounded by urban uses and there is no presence of fish or wildlife or their habitat on this property. The Project is therefore not likely to cause substantial environmental damage and within the City and provides no fish or significant wildlife habitat.

G. The design of the subdivision or type of improvements contemplated by the Project are not likely to cause serious public health problems. The Project will be conditioned to ensure all common area structures, landscaping, sidewalks, parking lot surfacing, and all other improvements within the Project must be continually maintained in good condition and repair, all dead or dying landscape material must be replaced with new landscape material, and a security construction plan must be submitted. Compliance with these conditions will prevent the subdivision and its improvements from causing any public health problems for those that enter the developme nt. Storm drainage, sanitary sewer, water, streets and all utilities are available to the site and have capacity to accommodate the project. The subdivision has been designed so the parcels have the necessary infrastructure to adequately serve the developm ent and all proposed uses as allowed by the zoning ordinances that regulate the Project. Accordingly, compliance with the applicable standards for the existing structures and the conditions of approval will prevent the proposed project from being detriment al to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

H. The design or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the subdivision. Public utilities for electricity, water, sewer, telecommunications, and gas service have all been assessed for availability. The access points to the Project have been reviewed and approved by the Fire Department and Public Works as part of the overall approval of the Project. The Project includes easements for roadways, drainage facilities, and utilities that will be recorded in the final map. There are no known public easements

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traversing the subject site that would be adversely affected by the Project. Therefore, the design of the subdivision will not conflict with easements acquired or req uired by the public at large, for access through or use of the property.

SECTION 4. Based on the foregoing, the City Council of the City of Indio approves Tentative Parcel Map No. 38293 (TPM 21 -11-413) with the following conditions of approval:

A. General Conditions of Approval:

The Applicant shall demonstrate full compliance with the following conditions of approval at all times:

1. Tentative Parcel Map No. 38293 (TPM 21 -11-413) approval granted by this Resolution shall expire two years after its approval, or as otherwise prescribed by the Subdivision Map Act and City of Indio Municipal Code. An application for time extension shall be filed at least 45 days before the tentative map is due to expire.

The Director of Community Development may grant a one-year administrative extension of time provided that the property is properly maintained and free of weeds and debris. The City Council may approve additional extensions provided that the total extensions do not exceed the maximum time frames prescribe d by the Subdivision Map Act.

2. In the event of any court action or proceeding challenging the approval of this resolution or otherwise challenging the approval of Tentative Parcel Map No. 38293 (TPM 21-11-413), or the environmental determination conducted in conjunction with this tentative map approval, the Applicant shall defend, at its own expense, the action or proceeding. In addition, the Applicant shall reimburse the City for the City's cost of defending any such court action or proceeding. The Applicant shall also pay any award of costs, expenses and fees that the court having jurisdiction over such challenge makes in favor of any challenger and against the City. The Applicant shall cooperate with the City in any such defense as the City may reasonably request and may not resolve such challenge without the agreement of the City. In the event the Applicant fails or refuses to reimburse the City for its cost to defend any challenge, the City shall have the right, among other remedies, to revoke this approval. In order to ensure compliance with this condition, within twenty (20) days after notification by the City of the filing of any claim, action or proceeding to attack, set aside, void or annul the approval of this design review, the Applicant shall deposit with the City cash or other security in the amount of ten thousand dollars ($10,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to the City of all costs related to any action triggering the obligations of this condition. If the City is required to draw on that cash or security to indemnify or reimburse itself for such costs, the Applicant shall restore the deposit to its original amount within thirty (30) days after notice from the City. Additionally, if at any time the City Attorney

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determines that an additional deposit is necessary to secure the obligations of this section, the Applicant shall provide such additional security within thirty (30) days of notice from the City Attorney. The City shall promptly notify the Applicant of any claim, action or proceeding within the scope of this condition.

3. The Applicant shall deliver to the Community Development Department a cashier’s check, money order or other acceptable form of payment made payable to the City of Indio in the amount of $50.00 to cover the County administrative fee to enable the City of In dio to file the CEQA Notice of Exemption pursuant to California Code of Regulations Section 15062. Payment shall be submitted within five (5) days after approval of Tentative Parcel Map No. 38293 (TPM 21-11-413) by the City Council.

4. The Applicant shall ensure that development shall occur substantially as shown on the Tentative Parcel Map No. 38293 (TPM 21-11-413).

5. The Applicant shall cause to be recorded against the property these and all related conditions of approval with the Riverside County Recorder, within thirty (30) calendar days of this approval.

6. The Applicant shall, within thirty (30) calendar days after the City Council adopts the Resolution approving Tentative Parcel Map No. 38293 (TPM 21-11-413), submit to the Community Development Director written consent to all of the conditions of approval contained in the Resolution. Tentative Parcel Map No. 38293 (TPM 21-11- 413) shall be void and of no force or effect unless such written consent is submitted to the City within the 30 calendar day period.

7. The final map shall be prepared by a licensed land surveyor or registered civil engineer subject to all requirements of the State of California Subdivision Map Act and the Indio Municipal Code.

8. In the case of a conflict between conditions herein and conditions of approval for Resolution No. 1996 conditionally approving Design Review (DR 20 -11-481), the conditions of Resolution No. 1996, shall prevail and the Applicant shall satisfy said conditions pursuant to the timing and other requirements of Resol ution No. 1996 and Design Review (DR 20-11-481). The Director of the Community Development Department shall have the authority to determine if conditions in the entitlements conflict and which condition(s) shall apply in case of conflict.

B. Prior to Recordation of a Final Map

Prior to recordation of a final map, the Applicant shall demonstrate full compliance with the following conditions of approval:

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9. Applicant shall submit a copy of the Final Map to Coachella Valley Water District (CVWD) for their review and shall obtain a clearance letter from CVWD prior to recordation of the Final Map.

10. Applicant shall submit for City approval a Tentative Parcel Map along with the following items:

a. Final Parcel Map
b. Title Report (updated within at least 60 days)
c. Final Map Closure Calculations
d. Auto CAD & GIS Shape File for Final Parcel Map
e. All back-up information for map references (easement documents, maps, etc.)

11. Final parcel map shall include:

a. Street Names
b. Subdivision Improvement Agreement
c. Improvement Bonds

12. The Applicant shall form a property owners association for the maintenance of:

a. All interior and exterior common areas including landscaping. b. Graffiti abatement for the interior and exterior or the preceding areas. c. Maintenance of all frontage landscaping along Varner Road and Fifties Way.

13. Covenant, Conditions, and Restrictions (CC&Rs) shall be submitted to the Public Works Engineering Division and Planning Department for review and approval with maintenance provisions flagged.

14. The Covenants, Conditions and Restrictions shall be recorded prior to recordation of final map.

15. Prior to recordation of the final map, the Applicant shall pay the fees applicable to the project as calculated by the City and in accordance wit h all applicable City policies and practices.

16. The Applicant shall annex the subdivision into the existing Community Facilities District 2004 -1 for public facilities and/or public services. The Applicant shall cause a covenant to be recoded on all reside ntial lots with the Tentative Parcel Map 38293 advising of the owner’s obligation to participate in the Community Facilities District for said public facilities and/or public services.

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C. Prior to the issuance of a Grading Permit

Prior to issuance of a grading or similar permit, the Applicant shall demonstrate full compliance with the following conditions of approval:

17. The Applicant shall comply with National Pollution Discharge Elimination System (NPDES) requirements per state regulations, contact information is as follows:

California Regional Water Quality Control Board (RWQCB) Colorado River Basin Region,
73-720 Fred Waring Drive #100
Palm Desert, CA 92260
(760) 346-7491
www.waterboards.ca.gov/coloradoriver

*Please note: Prior to the issuance of any grading permit, a copy of the NOI (Notice of Intent) and the WDID# (Waste Discharge Identification No.), shall be filed with the City of Indio’s Engineering Division.

18. The Applicant shall submit PM10 (Dust Control) implementation plans for City approval. Also to South Coast Air Quality Management District (SCAQMD) for grading plans greater than 10 acres in size. For further information contact the:

South Coast Air Quality Management District (SCAQMD)
21865 Copley Drive
Diamond Bar, CA 91765
(800) CUT-SMOG (288-7664)

19. The Applicant shall submit a Water Quality Management Plan for City approval prior to the issuance of any grading permit.

20. The Applicant shall submit for City approval the following items:

a. Precise Grading Plans shall include the street address for each lot and building footprint
b. Rough Grading Plans
c. Soils Report
d. Hydrology Report

21. Retaining walls shall be required at elevation differences greater than 12 inches between lots throughout the project and in relation to adjacent boundary properties (if applicable) unless otherwise approved by the City Engineer.

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22. The Applicant shall use Riverside County Flood Control District standard s and submit local on -site and regional hydrology, hydraulic storm calculations for City review and approval.

23. The Applicant shall provide on -site storm water retention basin(s) or system(s) designed to the satisfaction of the City Engineer. Each retentio n basin shall include a sufficient number of underground vertical drywells, Maxwell Plus or equivalent, designed to eliminate standing water in the basin(s). The retention basin(s) or system(s) shall be sized to retain all post -development storm water runoff within the limits of the project based on a 100 -year storm event of 24 -hour duration and shall completely drain/percolate any storm event within 72 hours. All upstream runoff from adjacent properties that has historically been directed onto the propos ed project may be considered to pass through the project with the exception of historical retention that occurred on-site. The retention basin(s) shall be designed, per Standard Plan No. 130, with a maximum depth of 5 feet (with a one foot minimum freebo ard) and maximum side slopes of 3:1 and shall not be used for purposes other than for the collection of storm water, nuisance water and well blow-off water.

24. Applicant shall submit a Lot Merger/Lot Line Adjustment Application and record it prior to the issuance of a Grading Permit.

25. The design of the project lot pads, street improvements and the storm drainage improvements shall be design coordinated with all adjacent projects or properties to the satisfaction of the City Engineer.

26. All grading and pad e levations will be subject to approval by the Director of Community Development Services and the City Engineer based on grading plans and additional information to be submitted during plan check.

D. Prior to the issuance of a Building Permit

Prior to issuanc e of a building permit , for any building or structure governed by Tentative Parcel Map No. 38293 (TPM 21 -11-413), the Applicant shall demonstrate full compliance with the following conditions of approval:

27. Water Plans: If fire hydrants are required to be installed, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval prior to building permit issuance. Plans shall be signed by a registered civil engineer and shall confirm hydrant type , location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval.

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28. Fire Department Access: Dead end fire access roads more than 150 feet in length shall be provided with approved provisions for turnaround capabilities of fire apparatus. Access roads shall have an unobstructed width of not less than 24 feet. The construction of the access roads shall be all weather and capable of sustaining 60,000 lbs. over two axles.

29. Flag Lot development is not allowed due to complications with emergency access.

30. Gate Access: Gates across fire access roads shall be provided with a Knox padlock (manual gates) or a Knox switch and automatic sensors (elec tronic gates).

31. Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal.

32. These conditions are preliminary and additional requirements may be required based upon the adopted codes at the time of submittal. For questions or comments related to this project or these conditions please contact Fire Marshal at (760) 347-0756 or [email protected].

E. Prior to the Issuance of a Certificate of Occupancy

Prior to issuanc e of a Certificate of Occupancy , the Applicant shall demonstrate full compliance with the following conditions of approval.

33. The Applicant shall:

a. Dispose of all concrete and asphalt removals from the proposed project to an approved recyclable site.
b. The Applicant shall provide City of Indio Public Works Department with a copy of receipt showing tonnage for the disposal of recyclable concrete and asphalt.
c. Dispose of all material removals from the proposed project to an approved disposal site.

34. The Applicant shall submit for City approval the following items:

a. Street improvement plans
b. Streetlight plans
c. Landscape and Irrigation plans

35. The Applicant shall construct full off -site street improvements on the following street:

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a. Fifties Way: one-half street improvements (West Side). b. Varner Road: one-half street improvements (North Side).

36. The improvements shall include construction of asphalt concrete pav ement, curb/gutter, sidewalk, street lights, storm drain system (catch basins, storm drain pipe, etc.) along the property frontages.

37. Existing pavement along the west side of Fifties Way shall be removed and new pavement shall be placed from centerline to curb/gutter.

38. Existing pavement on Varner Road fronting the proposed project property frontage shall be grind to the minimum depth of two (2) inches and new pavement shall be placed from Fifties Way to New Castle Drive.

39. All off-site street improvements including energizing of street lights and installation of irrigation and landscaping along Varner Road and Fifties Way shall be constructed and accepted by the City prior to issuance of a temporary or permanent certificate of occupancy.

40. Fifties Way shall be 28 feet from center line to curb face and 39 feet from center line to property line half street.

41. The Applicant shall obtain an encroachment permit prior to starting any street improvements within the public right-of-way.

42. The Applicant shall remove and replace the existing curb ramps at Fifties Way and Varner Road to comply with the American with Disabilities Act Standards.

43. The proposed driveways shall be a radius driveway per the City of Indio Standard Plan No. 130, R= 20’min.

44. The proposed project shall comply with the American with Disabilities Act (ADA) requirements.

45. Street addresses shall be shown on the Precise Grading Plans.

46. All improvements shall comply with City standards, requirements and policies. The Applicant is required to construct all transition and missing links between existing and proposed improvements.

47. All overhead utilities less than 92kv, located within the project boundaries, bordering the project and/or fronting the project shall be undergrounded.

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SECTION 5. The City Clerk shall certify the adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this day of June 1, 2022 by the following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

_________________________

WAYMOND FERMON
MAYOR

ATTEST:

__________________________

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

AGENDA ITEM #10.3
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AGENDA ITEM #10.3
Resolution No. 10285 approving Tentative Parcel Map No. 38293 (TPM 21-11... Page 243 of 260 Vicinity Map

All maps are not to scale, and are for relative location purposes only

AGENDA ITEM #10.3
Resolution No. 10285 approving Tentative Parcel Map No. 38293 (TPM 21-11... Page 244 of 260

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AGENDA ITEM #10.3
Resolution No. 10285 approving Tentative Parcel Map No. 38293 (TPM 21-11...Page 245 of 260

RESOLUTION NO. 2021

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF INDIO,

CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE THE TENTATIVE PARCEL MAP NO. 38293 (TPM 21-11-413) TO SUBDIVIDE A 5.66 ACRE PARCEL OF LAND INTO TWO (2) COMMERCIAL PARCELS (APN: 748-280-014, 748- 280-015, AND 748-280-018).

WHEREAS, on October 22, 2021, Mr. Paul Thiel “the Applicant” submitted a Tentative Parcel Map application to subdivide an 5.66 acre parcel of land into two (2) commercial parcels; and,

WHEREAS, the Project site is located at the northwest corner of Varner Road and Fifties Way (APN: 748-280-014, 748-280-015, and 748-280-018); and,

WHEREAS, the Project is within the Regional Commercial (RC) land use designation and Business Park (BP) zoning district; and,

WHEREAS, on April 27, 2022, the Planning Commission held a duly noticed public hearing to consider the application for the Project during which evidence, both written and oral, including the staff report and supporting documents, was presented at said hearing. At the conclusion of the hearing, the Planning Commission adopted this Resolution to recommend that the City Council approve the Project, subject to the conditions listed herein.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF INDIO, CALIFORNIA, HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:

SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth in the recitals of this Resolution are true and correct and are incorporated into this Resolution by reference and constitute a material part of this Resolution.

SECTION 2. Pursuant to the requirements of the California Environmental Quality Act (CEQA) the Project, was reviewed and found exempt under CEQA Guidelines Sections 15315 (Minor Land Division) for the following reasons: The Tentative Parcel Map would divide property into (2) two commercial parcels in the City of Indio, an urbanized area, at a site zoned for commercial uses under Regional Commercial (RC) - General Plan land use designation and Business Park (BP) zoning district. The division is in accordance with the General Plan and zoning, no variances or exceptions are required, and all services and access to the proposed parcels are available. Furthermore, the parcel was not involved in a division of a larger parcel within the previous two years, nor does the parce l have an average slope greater than 20 percent. Thus, the Planning Commission finds that this Project is exempt from CEQA pursuant to Guidelines Section 15315, for the reason that:

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i. The proposed division is within the City of Indio. Indio is an urbanized area.

ii. The project has a zoning designation of Business Park (BP), as well as a General Plan designation of Regional Commercial (RC).

iii. The subdivision of property is to create two (2) single commercial parcels, resulting in a division of four or fewer parcels.

iv. As detailed below the project conforms to the General Plan and applicable zoning, no variances or exceptions are required.

v. Access to all services and access to the proposed parcels to local standards are available. City Departments and public utility agencies have reviewed the site to confirm the proposed project is supported by service infrastructure, including water and sewer p rovided by CVWD and power provided by IID.

vi. The parcel was not involved in a division of a larger parcel within the previous two (2) years, and the parcel does not have an average slope greater than 20% percent.

The Planning Commission therefore recommends that the City Council, based on its own independent judgement and review of the record in full, find that the project is exempt under CEQA pursuant to CEQA Guidelines Section 15315.

SECTION 3. Based upon the evidence presented at the hearing, includi ng the staff report, the Planning Commission hereby finds:

A. The General Plan 2040 designates a Regional Commercial (RC) land use designation for the subject property. The (RC) land use is intended to allow large -format retail, commercial services, lodging, entertainment, restaurant, parks and recreation.

Moreover, this district is located near major freeway connections and around major intersections. Pursuant to the Chapter 3 (Land Use and Urban Design) of the Indio General Plan 2040, the (RC) district does not have a specific density requirement.

However, there is a commercial Floor Area Ratio (FAR) requirement range of 0.35 to

1.0. The proposed Tentative Parcel Map No. 38293 provides for the commercial subdivision of the 5.66 acre parcel site into (2) two separate commercial parcels and will maintain conformance to the required environment of its surroundings.

Furthermore, City Departments and public utility agencies have reviewed the site to confirm the proposed project is supported by the infrastructure.

B. The Project and its design and improvements are consistent with the General Plan 2040 land use designation of Regional Commercial (RC).

C. The proposed project is required to conform to the land uses and zoning development standards of the Business Park (BP), pursuant to the Indio Municipal Code (IMC)

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Section 159.300. The general development standards establish all of the following:
minimum street frontage setbacks, minimum rear setback and side setback distances. This subject property is not found within a Specific Plan. The future construction of either commercial and or residential will need to comply with the development standards of the applicable zoning district as well as obtain design review approval from the Planning Commission. Accordingly, the Project, including the design and improvements, is consistent with the applicable general plan.

D. The site is physically suitable for the typ e of development of commercial lots. The Project site is a 5.66 acre site; the parcel is adequate to accommodate the (2) two single commercial parcels, with access, utilities, and drainage facilities. The parcel size of the subdivision design provides for adequate roadways and infrastructure that allows for the site to be physically suitable for commercial development. Furthermore, the site has a minimal slope, all public services are available and there are no physical constraints. Therefore, the subdivision is physically suitable for the site.

E. The site of the subdivision contemplated under the Project will result in two (2) single parcels in compliance with the applicable development standards of the zoning designation. The Project has no density requirement as set forth by the General Plan Regional Commercial land use designation. The Project does not include any requests for increases in density. The site is adequate in shape and size to accommodate the development.

F. Pursuant to the CEQA Guidelines, th e Project qualifies for a categorical exemption from the requirements of the California Environmental Quality Act (CEQA) (Public Resource Code 21000 et seq) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) pur suant to CEQA Guidelines Sections 15315 (Minor Land Division). The site is served by streets adequate in width and pavement type to carry the quantity and type of traffic expected to be generated by the development. The project site is surrounded by urban uses and there is no presence of fish or wildlife or their habitat on this property. The Project is therefore not likely to cause substantial environmental damage and within the City and provides no fish or significant wildlife habitat.

G. The design of the subdivision or type of improvements contemplated by the Project are not likely to cause serious public health problems. The Project will be conditioned to ensure all common area structures, landscaping, sidewalks, parking lot surfacing, and all other improvements within the Project must be continually maintained in good condition and repair, all dead or dying landscape material must be replaced with new landscape material, and a security construction plan must be submitted. Compliance with these conditions will prevent the subdivision and its improvements from causing any public health problems for those that enter the development. Storm drainage, sanitary sewer, water, streets and all utilities are available to the site and have capacity to accommodate the project. The subdivision has been designed so the parcels have the necessary infrastructure to adequately serve the development and all proposed

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uses as allowed by the zoning ordinances that regulate the Project. Accordingly, compliance with the applicable standards for the existing structures and the conditions of approval will prevent the proposed project from being detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

H. The design or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the subdivision. Public utilities for electricity, water, sewer, telecommunications, and gas service have all been assessed for availability. The access points to the Project have been reviewed and approved by the Fire Department and Public Works as part of the overall approval of the Project. The Project includes easements for roadways, drainage facilities, and utilities that will be recorded in the final map. There are no known public easements traversing the subject site that would be adversely affected by the Project. Therefore, the design of the subdivision will not conflict with easements acquired or required by the public at large, for access through or use of the property.

SECTION 4. Based on the foregoing, the Planning Commission hereby recommends that the City Council approve Tentative Parcel Map No. 38293 (TPM 21-11- 413) with the following conditions of approval:

A. General Conditions of Approval:

The Applicant shall demonstrate full compliance with the following conditions of approval at all times:

1. Tentative Parcel Map No. 38293 (TPM 21 -11-413) approval granted by thi s Resolution shall expire two years after its approval, or as otherwise prescribed by the Subdivision Map Act and City of Indio Municipal Code. An application for time extension shall be filed at least 45 days before the tentative map is due to expire.

The Director of Community Development may grant a one -year administrative extension of time provided that the property is properly maintained and free of weeds and debris. The City Council may approve additional extensions provided that the total extensions d o not exceed the maximum time frames prescribed by the Subdivision Map Act.

2. In the event of any court action or proceeding challenging the approval of this resolution or otherwise challenging the approval of Tentative Parcel Map No. 38293 (TPM 21-11-413), or the environmental determination conducted in conjunction with this tentative map approval, the Applicant shall defend, at its own expense, the action or proceeding. In addition, the Applicant shall reimburse the City for the City's cost of defending any such court action or proceeding. The Applicant shall also pay any award of costs, expenses and fees that the court having jurisdiction over such challenge makes in favor of any challenger and against the City. The Applicant shall

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cooperate with the City in any such defense as the City may reasonably request and may not resolve such challenge without the agreement of the City. In the event the Applicant fails or refuses to reimburse the City for its cost to defend any challenge, the City shall have the right, among other remedies, to revoke this approval. In order to ensure compliance with this condition, within twenty (20) days after notification by the City of the filing of any claim, action or proceeding to attack, set aside, void or annul the approval of this design review, the Applicant shall deposit with the City cash or other security in the amount of ten thousand dollars ($10,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to the City of all costs related to any action triggering the obligations of this condition. If the City is required to draw on that cash or security to indemnify or reimburse itself for such costs, the Applicant shall restore the deposit to its original amount within thirty (30) days after notice from the City. Additionally, if at any time the City Attorney determines that an additional deposit is necessary to secure the obligations of this section, the Applicant shall provide such additional security within thirty (30) days of notice from the City Attorney. The City shall promptly notify the Applicant of any claim, action or proceeding within the scope of this condition.

3. The Applicant shall deliver to the Community Development Department a cashier’s check, money order or other acceptable form of payment made payable to the City of Indio in the amount of $50.00 to cover the County administrative fee to enable the City of In dio to file the CEQA Notice of Exemption pursuant to California Code of Regulations Section 15062. Payment shall be submitted within five (5) days after approval of Tentative Parcel Map No. 38293 (TPM 21-11-413) by the City Council.

4. The Applicant shall ensure that development shall occur substantially as shown on the Tentative Parcel Map No. 38293 (TPM 21-11-413).

5. The Applicant shall cause to be recorded against the property these and all related conditions of approval with the Riverside County Recorder, within thirty (30) calendar days of this approval.

6. The Applicant shall, within thirty (30) calendar days after the City Council adopts the Resolution approving Tentative Parcel Map No. 38293 (TPM 21-11-413), submit to the Community Development Director written consent to all of the conditions of approval contained in the Resolution. Tentative Parcel Map No. 38293 (TPM 21-11- 413) shall be void and of no force or effect unless such written consent is submitted to the City within the 30 calendar day period.

7. The final map shall be prepared by a licensed land surveyor or registered civil engineer subject to all requirements of the State of California Subdivision Map Act and the Indio Municipal Code.

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8. In the case of a conflict between conditions herein and conditions of approval for Resolution No. 1996 conditionally approving Design Review (DR 20 -11-481), the conditions of Resolution No. 1996, shall prevail and the Applicant shall satisfy said conditions pursuant to the timing and other requirements of Resol ution No. 1996 and Design Review (DR 20-11-481). The Director of the Community Development Department shall have the authority to determine if conditions in the entitlements conflict and which condition(s) shall apply in case of conflict.

B. Prior to Recordation of a Final Map

Prior to recordation of a final map, the Applicant shall demonstrate full compliance with the following conditions of approval:

9. Applicant shall submit a copy of the Final Map to Coachella Valley Water District (CVWD) for their review and shall obtain a clearance letter from CVWD prior to recordation of the Final Map.

10. Applicant shall submit for City approval a Tentative Parcel Map along with the following items:

a. Final Parcel Map
b. Title Report (updated within at least 60 days)
c. Final Map Closure Calculations
d. Auto CAD & GIS Shape File for Final Parcel Map
e. All back-up information for map references (easement documents, maps, etc.)

11. Final parcel map shall include:

a. Street Names
b. Subdivision Improvement Agreement
c. Improvement Bonds

12. The Applicant shall form a property owners association for the maintenance of:

a. All interior and exterior common areas including landscaping. b. Graffiti abatement for the interior and exterior or the preceding areas. c. Maintenance of all frontage landscaping along Varner Road and Fifties Way.

13. Covenant, Conditions, and Restrictions (CC&Rs) shall be submitted to the Public Works Engineering Division and Planning Department for review and approval with maintenance provisions flagged.

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14. The Covenants, Conditions and Restrictions shall be recorded prior to recordation of final map.

15. Prior to recordation of the final map, the Applicant shall pay the fees applicable to the project as calculated by the City and in accordance wit h all applicable City policies and practices.

16. The Applicant shall annex the subdivision into the existing Community Facilities District 2004 -1 for public facilities and/or public services. The Applicant shall cause a covenant to be recoded on all reside ntial lots with the Tentative Parcel Map 38293 advising of the owner’s obligation to participate in the Community Facilities District for said public facilities and/or public services.

C. Prior to the issuance of a Grading Permit

Prior to issuance of a grading or similar permit, the Applicant shall demonstrate full compliance with the following conditions of approval:

17. The Applicant shall comply with National Pollution Discharge Elimination System (NPDES) requirements per state regulations, contact information is as follows:

California Regional Water Quality Control Board (RWQCB) Colorado River Basin Region,
73-720 Fred Waring Drive #100
Palm Desert, CA 92260
(760) 346-7491
www.waterboards.ca.gov/coloradoriver

*Please note: Prior to the issuance of any grading permit, a copy of the NOI (Notice of Intent) and the WDID# (Waste Discharge Identification No.), shall be filed with the City of Indio’s Engineering Division.

18. The Applicant shall submit PM10 (Dust Control) implementation plans for City approval. Also to South Coast Air Quality Management District (SCAQMD) for grading plans greater than 10 acres in size. For further information contact the:

South Coast Air Quality Management District (SCAQMD)
21865 Copley Drive
Diamond Bar, CA 91765
(800) CUT-SMOG (288-7664)

19. The Applicant shall submit a Water Quality Management Plan for City approval prior to the issuance of any grading permit.

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20. The Applicant shall submit for City approval the following items:

a. Precise Grading Plans shall include the street address for each lot and building footprint
b. Rough Grading Plans
c. Soils Report
d. Hydrology Report

21. Retaining walls shall be required at elevation differences greater than 12 inches between lots throughout the project and in relation to adjacent boundary properties (if applicable) unless otherwise approved by the City Engineer.

22. The Applicant shall use Riverside County Flood Control District standard s and submit local on -site and regional hydrology, hydraulic storm calculations for City review and approval.

23. The Applicant shall provide on -site storm water retention basin(s) or system(s) designed to the satisfaction of the City Engineer. Each retentio n basin shall include a sufficient number of underground vertical drywells, Maxwell Plus or equivalent, designed to eliminate standing water in the basin(s). The retention basin(s) or system(s) shall be sized to retain all post -development storm water runoff within the limits of the project based on a 100 -year storm event of 24 -hour duration and shall completely drain/percolate any storm event within 72 hours. All upstream runoff from adjacent properties that has historically been directed onto the propos ed project may be considered to pass through the project with the exception of historical retention that occurred on-site. The retention basin(s) shall be designed, per Standard Plan No. 130, with a maximum depth of 5 feet (with a one foot minimum freebo ard) and maximum side slopes of 3:1 and shall not be used for purposes other than for the collection of storm water, nuisance water and well blow-off water.

24. Applicant shall submit a Lot Merger/Lot Line Adjustment Application and record it prior to the issuance of a Grading Permit.

25. The design of the project lot pads, street improvements and the storm drainage improvements shall be design coordinated with all adjacent projects or properties to the satisfaction of the City Engineer.

26. All grading and pad e levations will be subject to approval by the Director of Community Development Services and the City Engineer based on grading plans and additional information to be submitted during plan check.

D. Prior to the issuance of a Building Permit

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Prior to issuanc e of a building permit , for any building or structure governed by Tentative Parcel Map No. 38293 (TPM 21 -11-413), the Applicant shall demonstrate full compliance with the following conditions of approval:

27. Water Plans: If fire hydrants are required to be installed, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval prior to building permit issuance. Plans shall be signed by a registered civil engineer and shall confirm hydrant type , location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval.

28. Fire Department Access: Dead end fire access roads more than 150 feet in length shall be provided with approved provisions for turnaround capabilities of fire apparatus. Access roads shall have an unobstructed width of not less than 24 feet. The construction of the access roads shall be all weather and capable of sustaining 60,000 lbs. over two axles.

29. Flag Lot development is not allowed due to complications with emergency access.

30. Gate Access: Gates across fire access roads shall be provided with a Knox padlock (manual gates) or a Knox switch and automatic sensors (elec tronic gates).

31. Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal.

32. These conditions are preliminary and additional requirements may be required based upon the adopted codes at the time of submittal. For questions or comments related to this project or these conditions please contact Fire Marshal at (760) 347-0756 or [email protected].

E. Prior to the Issuance of a Certificate of Occupancy

Prior to issuanc e of a Certificate of Occupancy , the Applicant shall demonstrate full compliance with the following conditions of approval.

33. The Applicant shall:

a. Dispose of all concrete and asphalt removals from the proposed project to an approved recyclable site.
b. The Applicant shall provide City of Indio Public Works Department with a copy of receipt showing tonnage for the disposal of recyclable concrete and asphalt.

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c. Dispose of all material removals from the proposed project to an approved disposal site.

34. The Applicant shall submit for City approval the following items:

a. Street improvement plans
b. Streetlight plans
c. Landscape and Irrigation plans

35. The Applicant shall construct full off -site street improvements on the following street:

a. Fifties Way: one-half street improvements (West Side). b. Varner Road: one-half street improvements (North Side).

36. The improvements shall include construction of asphalt concrete pav ement, curb/gutter, sidewalk, street lights, storm drain system (catch basins, storm drain pipe, etc.) along the property frontages.

37. Existing pavement along the west side of Fifties Way shall be removed and new pavement shall be placed from centerline to curb/gutter.

38. Existing pavement on Varner Road fronting the proposed project property frontage shall be grind to the minimum depth of two (2) inches and new pavement shall be placed from Fifties Way to New Castle Drive.

39. All off-site street improvements including energizing of street lights and installation of irrigation and landscaping along Varner Road and Fifties Way shall be constructed and accepted by the City prior to issuance of a temporary or permanent certificate of occupancy.

40. Fifties Way shall be 28 feet from center line to curb face and 39 feet from center line to property line half street.

41. The Applicant shall obtain an encroachment permit prior to starting any street improvements within the public right-of-way.

42. The Applicant shall remove and replace the existing curb ramps at Fifties Way and Varner Road to comply with the American with Disabilities Act Standards.

43. The proposed driveways shall be a radius driveway per the City of Indio Standard Plan No. 130, R= 20’min.

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44. The proposed project shall comply with the American with Disabilities Act (ADA) requirements.

45. Street addresses shall be shown on the Precise Grading Plans.

46. All improvements shall comply with City standards, requirements and policies. The Applicant is required to construct all transition and missing links between existing and proposed improvements.

47. All overhead utilities less than 92kv, located within the project boundaries, bordering the project and/or fronting the project shall be undergrounded.

SECTION 5. The Planning Commission Secretary shall certify to the passage, approval, and adoption of this Resolution and provide this recommendation to the City Council for their consideration.

PASSED, APPROVED, and ADOPTED this day of April 27, 2022 by the following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

_________________________

NICCO YSIANO

PLANNING COMMISSION CHAIR

ATTEST:

________________________________

VANESSA CASTILLO

PLANNING COMMISSION SECRETARY

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Attachment A
Vicinity Map

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Vicinity Map

All maps are not to scale, and are for relative location purposes only

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Exhibit A
(TPM 38293)

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