Indio City Council
August 17, 2022

AGENDA ITEM #10.6
Ordinance No. 1782 repealing Chapter 150 (Billboards and Signs) and Chap... Page 800 of 970 ArtIc le 3 | 209
ADOPTED X.XX.22
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3. T emporary model home complex/active residential subdivision signs. Temporary model home complex/active residential subdivision signs are allowed as a condition of the subdivision approval in all residential zones and for residential developments in the mixed-use zones. These signs must comply with the standards provided in Table 3.05.07-5 (Standards for Temporary Model Home Complex/Active Residential Subdivision Signs in All Residential Zones). t
ABLE

3.05.07–5: Standards for
te
mporary Model Home
co
mplex/ Active
re
sidential
Subdivision Signs in All
re
sidential Zones
Sign Type Maximum Number of Signs
Banner 1 2 1 per boundary street frontage of the model home complex/active residential subdivision
Yard Sign Type I
1 2
1 per lot or dwelling
1 per boundary street frontage of the model home complex/ active residential subdivision
Yard Sign Type II
1 2 1 per lot or dwelling
Yard Sign Type III 1 2 1 per boundary street frontage of the model home complex/ active residential subdivision
Additional Standards for Temporary Model Home Complex/ Active Residential Subdivision Signs:

1. A ll temporary model home complex/active residential subdivision signs must be removed upon the conversion of the model home(s) to a residential use and must be removed upon the close of escrow of the last lot in the subdivision or upon cessation of use, whichever comes first.

2. A
ny temporary model home complex/active residential subdivision signs placed in public right-of-way requires approval of an Encroachment Permit.

AGENDA ITEM #10.6
Ordinance No. 1782 repealing Chapter 150 (Billboards and Signs) and Chap... Page 801 of 970 CITY OF INDIO | UNIFIED DEVELOPMENT CODE
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3.05.08. non conforming Signs
A. Pu rpose.

This Section establishes regulations for nonconforming signs that were lawful before the adoption or amendment of this Chapter, but which would be prohibited, regulated, or restricted differently in compliance with the current regulations. These provisions provide for the orderly termination of nonconforming signs to promote the public health, safety, and general welfare, and to bring nonconforming signs into conformity with the goals and policies of the City's adopted General Plan. In recognition of these declarations, it is the intent of this Chapter to:

1. P
revent the expansion of nonconforming signs to the maximum extent feasible;

2. E
stablish criteria under which nonconforming signs may be continued or expanded; and

3. P
rovide for the correction or removal of nonconforming signs in an equitable, reasonable, and timely manner.

B. A pplicability.

Nonconforming signs may be maintained, expanded upon, and/or abated only in accordance with the provisions of this Section. In no event will the degree of nonconformity of any sign or type of signage on any lot be increased. Illegal signs, such as signs installed without a required building permit, are not considered to be nonconforming signs.

C. S igns Rendered Nonconforming.

Any sign which becomes nonconforming subsequent to the Effective Date of this ordinance either by reason of the annexation to the City of the territory upon which the sign is located, or the amendment of this Chapter to render a sign nonconforming, shall also be subject to the provisions of this Section.

D. Mod ification and Maintenance.

1. N o nonconforming sign shall be altered in any manner, reconstructed, or moved without being made to comply in all respects with the provisions of this Chapter. Nothing in this Section shall prohibit the normal upkeep or repair of any sign, nor the painting or repainting of the face of the sign, during its lawful existence.

2. N
onconforming signs are required to be maintained in good condition in compliance with Section 3.05.04 (General Requirements for All Signs). Maintenance of legal nonconforming signs shall be consistent with applicable California law. Nothing in this Chapter shall affect existing property or the right to its continued use for the purpose used at the time this Chapter takes effect, nor to make any reasonable repairs or alterations.

3. A l
egal nonconforming sign that has been damaged to the extent of more than 50 percent of the appraised value of the sign structure or is temporarily or permanently removed by any means, including "an act of God,” shall be removed or rebuilt, repaired, or replaced only in compliance with the provisions of this Chapter if an application for a Sign Permit to re-erect the sign is made within 6-months of its destruction.

E. S igns Previously Approved.

Any sign erected and installed pursuant to a permit lawfully issued by the City prior to the Effective Date of this ordinance shall be treated as a conforming sign. All signs determined to be conforming signs may be continued, maintained, and repaired so long as the sign is not structurally altered or expanded.

AGENDA ITEM #10.6
Ordinance No. 1782 repealing Chapter 150 (Billboards and Signs) and Chap... Page 802 of 970 ArtIc le 3 | 211
ADOPTED X.XX.22
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F. R emoval or Replacement of a Nonconforming Sign.

Removal of a nonconforming sign, or replacement of a nonconforming sign with a conforming sign, is required when:

1. A b
uilding is renovated and the cost of the renovation is 50 percent of more of the value of the building as determined by the Building Official or the building is demolished and rebuilt; or

2. T
he use of the sign and/or the property on which the sign is located has been abandoned, ceased operations, become vacant, or been unoccupied for a period of 90 consecutive days or more as long as the period of non-use is attributable at least in part to the property owner, tenant, or other person or entity in control of the use. For purposes of this Section, rental payments or lease payments and taxes shall not be considered as a continued use. In the event this should occur, such conditions will be considered as evidence of abandonment, requiring removal of the sign by the owner of the property, his/ her agent, or person having the beneficial use of the property, building or structure upon which such sign or sign structure is erected within 30 days after written notification from the Community Development Director. If, within the 30-day period, such sign(s) is (are) not removed, enforcement action shall be pursued.

G. I ncentive for Replacement of a Nonconforming Freestanding Sign.

1. A s an incentive for the replacement of a nonconforming freestanding sign with a new sign that is in closer conformance with the area and height standards for freestanding signs of Subsection 3.05.05.D (Standards for Permanent Freestanding Signs), a new freestanding sign may be approved and erected that is reduced in height and area by 10 percent of the existing nonconforming sign, or the area and height standards for freestanding signs established in Subsection 3.05.05.D (Standards for Permanent Freestanding Signs), whichever is larger. The replacement freestanding sign must be a type authorized in Subsection 3.05.05.D.

2. T
he new replacement sign shall be located in the same place as the former nonconforming sign, unless it would be located in a corner cut-off area or similar location where freestanding signs are prohibited (refer to Subsection 3.05.04.A), in which case it may be placed as close as possible to its original location and still satisfy the requirements of this Chapter. Any nonconforming sign modified in accordance with the provisions of this Section will still be considered a nonconforming sign until full compliance with the area and height standards of Section 3.05.05 (Standards for Permanent Signs) has been achieved.

H. A batement.

Abatement of non-conforming signs shall be accomplished in the following manner:

1. Si
gns painted on buildings, walls, and fences shall be painted over in such a manner that the sign is no longer visible. The new painting shall be applied so that the sign area blends with and is compatible with the color scheme of the building.

2. A
ll other signs not otherwise specified by this Section shall be removed or altered to cause it to conform with the provisions of this Title.

I. M aintenance.

1. N onconforming signs are required to be maintained in good condition in compliance with the sign maintenance provisions of Section 3.05.04 (General Requirements for All Signs). Maintenance of legal nonconforming signs shall be consistent with applicable California law. Nothing in this Chapter affects an existing sign or the right to its continued use for the purpose used at the time this Chapter takes effect, nor the right to make any reasonable repairs or alterations within the existing sign envelope.

2. A l
egal nonconforming sign that has been damaged to the extent of more than 50 percent of the appraised value of the sign structure or is temporarily or permanently removed by any means, including "an act of God,” shall be removed or rebuilt, repaired, or replaced only in compliance with the provisions of this Chapter.

AGENDA ITEM #10.6
Ordinance No. 1782 repealing Chapter 150 (Billboards and Signs) and Chap... Page 803 of 970 CITY OF INDIO | UNIFIED DEVELOPMENT CODE
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J. Am ortization of Nonconforming Signs and Inventory.

1. A ll nonconforming signs, except as described in paragraphs 2. and 3. below, shall have a useful and legal life of 15 years from the Effective Date.

2. A
ll nonconforming freeway-oriented signs shall have a useful and legal life of 25 years from the Effective Date.

3. A
ll nonconforming billboards located within the City limits and not within Interstate 10 corridor shall have a useful and legal life of 7 years from the Effective Date.

4. A
fter the time frames described in paragraphs 1. through 3. above, nonconforming freeway-oriented signs and billboards may be removed in compliance with the requirements of the California Business and Professions Code. As often as may be desirable, but no less frequently than required by State law, the Director shall authorize an identification and inventory of all illegal and abandoned signs within the City in compliance with the requirements of State law.

3.05.09. S ign Permits and Procedures
A. Pu rpose.

1. R eview Authority.
a. I
t is the duty of the Department to enforce all permitting and entitlement provisions of this Chapter.

The Director has the authority under this chapter to designate a representative of the Department to implement the provisions herein.
b.

A
ll department officials and public employees of the City vested with the duty or authority to issue permits shall conform to the provisions of this chapter and shall issue no permit, certificate, or license for uses in conflict with the provisions of this chapter. It shall be the duty of the Director and the Fire Department to enforce the provisions of this Chapter.

2. A
pplications and Fees.
a. A
pplication for a Sign Permit shall be made upon a form provided by the City and shall contain such information as may be required to assure compliance with this chapter of the code. If the applicant does not agree with the decision made, an appeal process is available under Special Review to the Planning Commission.
b.

T
he application fee for Sign Permits shall be fixed from time to time by City resolution. The fee shall be doubled when the installation of a sign is commenced before obtaining a Sign Permit.

3. I
dentification. Every sign erected, altered, or relocated must include the following information where it is readily visible: the date of erection or installation, the date of alteration, the Sign Permit number, and the voltage of any internal electrical components, as well as the Underwriter's Laboratory approval stamp in a conspicuous place.

B. Si gn Permits – Permanent Signs.

1. P urpose. This section establishes the permitting requirements for permanent sign structures as described in Chapter 3.05 (Sign Regulations) to ensure compliance with the applicable provisions of this Code.

2. Si
gn Permit Requirement.
a. Wh
ere a Sign Permit is required by this Chapter, it shall be unlawful for any person to erect, place, display, alter, repair, or relocate a permanent sign structure without first obtaining approval for a Permanent Sign Permit from the Director.
b.

A s
ign permit is not required for the following;
i. E
xempt signs per Subsection 3.05.01.D (Exemptions);
ii. C
hanges to the face or copy of changeable signs;
iii. C
hanges to the face or copy of an existing single-tenant or multi-tenant freestanding or building mounted sign from one business to another with no structural or lighting modifications to the sign; and
iv.

T
he normal repair and maintenance of conforming or legal nonconforming signs, except as provided in Section 3.05.04.E (Sign Maintenance).

AGENDA ITEM #10.6
Ordinance No. 1782 repealing Chapter 150 (Billboards and Signs) and Chap... Page 804 of 970 ArtIc le 3 | 213
ADOPTED X.XX.22
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3. R eview and Approval.
a. R
eview and Determination. The Director shall review the Sign Permit application and supporting documentation for compliance with the standards of Chapter 3.05 (Sign Regulations). The Director shall determine whether the Sign Permit may be issued or if additional information is required from the applicant to complete the permit application in compliance with the Review Schedule on file with the Department. If the Sign Permit application is denied, the reason shall be stated in writing. b.

M
ethod of Review. After receipt of a sign application, the Director shall render a decision to approve, approve with modifications, or deny the sign request within seven working days. Such review will ensure that any sign proposal is in conformance with this chapter and is consistent with the City's objectives or as stated in a design agreement. The Director may grant slight deviations from the designated sign area or location or distance between signs, not to exceed 10 percent, when he or she determines no other reasonable method of signing is functional. c.

Su
bstitution. Any time after a Sign Permit is issued, a new owner, tenant, or lessee of record may be substituted for the original applicant if a record of the new interest is made with the City and the new interest assumes all obligations they would have had consistent with the original permit. d.

E
xpiration. A Sign Permit shall expire and become null and void if the work authorized in compliance with the permit is not commenced within 180 days from the date of issuance of such permit, or if work is suspended or abandoned for a period 90 days or more at any time after the work has commenced. If a Sign Permit has not been obtained within 180 days after the approval of permit plans and issuance of the permit, the Director shall consider the application withdrawn. e.

I
nspections.
i. A
ll signs for which a Sign Permit is required are subject to inspection to establish compliance with the provisions of Chapter 3.05 (Sign Regulations), as well as the following additional inspections, unless waived in writing by the Building Official:
ii.

F
ooting inspections on all freestanding signs, including the addition of additional sign area to existing signs;
iii. E
lectrical inspections for all sign structure(s) prior to placement; and, iv. F
inal inspection to establish compliance with provisions of this Code and other applicable City codes.
f. V
iolations.
i. A
ny work commenced without a Sign Permit, or any work beyond the authorized scope of a Sign Permit constitutes a violation of this Chapter and is grounds for the Director to issue a correction notice and/or to stop all work on the sign until appropriate permits are obtained. ii.

P
ermits issued for work commenced without a Sign Permit, or any work beyond the authorized scope of a Sign Permit, shall be assessed double the required permit fees for the sign(s) otherwise as established in the City’s Fee Schedule. Payment of a double permit fee shall not exempt any person from compliance with all other provisions of Chapter 3.05 (Sign Regulations), nor from any penalty prescribed by law.

C. S ign Permits – Temporary Signs.

1. P urpose. This Section establishes the permitting requirements for temporary signs to ensure compliance with the applicable provisions of this Code.

2. T
emporary Sign Permit Requirement. It is unlawful for any person to erect, place, display, alter, or relocate a temporary banner sign, yard sign type II sign, or yard sign type III sign without first obtaining approval for a Temporary Sign Permit from the Director.

3. D
uration of Temporary Sign Permit. The duration of a Temporary Sign Permit for temporary signs is established in Table 3.05.07-3 (Standards for Temporary Signs).

4. R
eview and Approval.
a. Re
view. The Director shall review the Temporary Sign Permit application and supporting documentation for compliance with the standards of Section 3.05.07 (Standards for Portable and Temporary Signs).

AGENDA ITEM #10.6
Ordinance No. 1782 repealing Chapter 150 (Billboards and Signs) and Chap... Page 805 of 970 CITY OF INDIO | UNIFIED DEVELOPMENT CODE
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b. D etermination. The Director shall determine whether the Temporary Sign Permit may be issued or if additional information is required from the applicant to complete the permit application in compliance with the Review Schedule on file with the Department. If the Temporary Sign Permit application is denied, the reason shall be stated in writing. c.

A
uthorization. Issuance of a Temporary Sign Permit authorizes the holder to install a temporary sign(s) in compliance with the terms of the permit. At any time after a Temporary Sign Permit is issued, a new owner, tenant, or lessee of record may be substituted for the original applicant if a record of the new interest is made with the City and the new interest assumes all obligations he or she would have had in compliance with the original permit. The change of interest shall not imply that any fees paid for the permit will be returned to either the interest which has been replaced or the substitute.

5. I
nspections. All temporary signs for which a Temporary Sign Permit is required are subject to inspection to establish compliance with the provisions of Chapter 3.05.07 (Standards for Portable and Temporary Signs) and any other applicable City codes.

6. V
iolations. Any temporary sign installed or displayed without a Temporary Sign Permit is in violation of this Section and is grounds for the Director to issue a correction notice and/or to cause removal of the temporary sign until appropriate permits are obtained.

D. S ign Permits – Master Sign Plans

1. P urpose. The purpose of this Section is to provide a process to respond to special signage needs for proposed or existing multi-family residential and nonresidential uses, as well as to provide sign design incentives that promote superior sign design, materials, and methods of installation. Master Sign Plan provides mixed-use, non-residential, and multi-family residential uses with flexibility to develop innovative, creative, and effective signage and to improve the aesthetics of the City. This plan also provides an alternative to minimum standard signage subject to sign design performance standards.

2. A
pplicability. Master Sign Plan apply to proposed or existing mixed-use, non-residential, and multi-family residential uses as follows:
a. M
aster Sign Plan is required for:
i. A
ll proposed multi-tenant, or multi-story non-residential developments including mixed-use developments, and multi-family residential uses; and
ii. E
xisting mixed-use and non-residential multi-tenant uses, when:
a). A b
uilding addition and/or an increase of use is proposed in terms of gross floor area, seating capacity, or other units of measurement indicating an intensification of use of 25 percent or more; or
b). A
n exterior structural remodeling of the building facade is proposed which affects signage. b. A M
aster Sign Plan may voluntarily be developed and maintained by the owner, applicant, or representative of any new or existing mixed-use, non-residential, and multi-family residential use, when the owner, applicant or representative seeks allowed adjustments under Section 3.05.06 (Sign Design Standards). Any adjustments authorized under a Master Sign Plan using the Sign Design Performance Standards apply to all building mounted signs and freestanding signs within the boundaries of the subject site.

3. Re
view.
a. A
pplications for a Master Sign Plan, including a Master Sign Plan that utilizes the sign design performance standards provided in Section 3.05.06 (Sign Design Standards), shall be reviewed by the Director.
b.

A
t a minimum, all Master Sign Plans shall include the type, number, size, location/placement, and general design parameters of all permanent building mounted and freestanding signs. Modifications to any uniform sign program shall be made in the same manner as the original approval. All Master Sign Plan submittals shall be reviewed for compliance with the requirements of this Section, and the Director shall either approve, conditionally approve, or deny the proposed Master Sign Plan. Following approval by the Director, a copy of the approved Master Sign Plan will be made available to the

AGENDA ITEM #10.6
Ordinance No. 1782 repealing Chapter 150 (Billboards and Signs) and Chap... Page 806 of 970 ArtIc le 3 | 215
ADOPTED X.XX.22
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applicant. Individual signs for multi-tenant developments included within the approved Master Sign Plan are subject to the issuance of separate Sign Permits in compliance with this Chapter. c.

T
he Planning Commission shall review all Master Sign Plans that request an increase in allowable sign height and area beyond the limits established in Section 3.05.06 (Sign Design Standards) for freestanding and building mounted signs for multi-tenant buildings and shopping centers.

4. S
upplemental Provisions.
a. M
odifications to an approved Master Sign Plan shall be reviewed by the Director. b. N
o sign identified in this Section may be placed upon real property without the consent of the real property owner(s), who shall either sign and submit the application for a Master Sign Plan or designate in writing an authorized representative.
c.

A M
aster Sign Plan may be implemented in phases.

5. S
ubmittal Requirements. A complete application for Master Sign Plan review and approval is required following, or in conjunction with, the approval of the required site plan for the development, and prior to issuance of a building permit. An application for Master Sign Plan review shall be submitted on a form prescribed by the City in compliance with Section 3.05.09.A.2 (Application and Fees). The application shall be signed by the property owner(s), and/or their authorized agent(s), if appropriate.

6. I
ndividual Signs Authorized by an Approved Master Sign Plan. Sign Permits, which must be obtained in compliance with Subsection 3.05.09.B (Sign Permits - Permanent Signs), are required for individual signs authorized by an approved Master Sign Plan, provided:
a.

T
he signs comply with all applicable conditions of the approved Master Sign Plan; b. Si
gn Permit applications are submitted within a time period specified as part of the conditions of the content or review of the Master Sign Plan, where applicable; and c.

Si
gn Permit applications are submitted prior to any subsequent amendment to this Chapter which is more restrictive than provisions existing when the Master Sign Plan was approved.

AGENDA ITEM #10.6
Ordinance No. 1782 repealing Chapter 150 (Billboards and Signs) and Chap... Page 807 of 970 CITY OF INDIO | UNIFIED DEVELOPMENT CODE
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3.05.10. S ign Enforcement
A. A uthority.

It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, display, maintain, or use a sign within the city contrary to, or in violation of, any provision of this Chapter.

B. A batement.

Any sign located on any public right of way or public property or on any utility pole or streetlight in violation of this Chapter or located on private property without the permission of the property owner, may be removed by the Director. The signs will be held for 10 days by the City prior to destruction. If the name and address of the person responsible for the sign can be reasonably ascertained, the City shall provide at least seven days written notice by first class mail to the sign owner stating the location of the signs, the fact they will be destroyed, and the cost for recovering the signs.

1. A
gency Relationship. Persons posting signs within the City are responsible for knowing the City's sign regulations. Any person posting signs is deemed the agent of any other person or directed the manufacture or posting of the signs. These persons shall be individually and severally liable to the City for the costs of abatement of any illegal signs, as well as criminally liable for violations of this Chapter.

2. Co
sts. The fees to be charged for the removal and storage of non-conforming signs shall be established by resolution of the City Council in the City’s fee schedule and shall not exceed the City's estimated reasonable cost for the removal and storage of the signs. The Director shall review such fees as appropriate and recommend any necessary adjustments to the City Council.

3.05.11. V ariance
The requirements of this Section shall be enforced in compliance with the variance provisions of 6.04.06 (Administrative Variances and Variances).

3.05.12. S everability
If any Section, sentence, clause, phrase, word, portion or provision of the Chapter is held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect, impair, or invalidate any other Section, sentence, clause, phrase, word, portion, or provision of this Chapter which can be given effect without the invalid provision. The invalidation of the application of any Section, sentence, clause, phrase, word, portion, or provision of this Chapter to a particular property or structure, or any particular properties or structures, by any court of competent jurisdiction shall not affect the application of such Section, sentence, clause, phrase, word, portion or provision to any other property or structure not specifically included in said invalidation.

AGENDA ITEM #10.6
Ordinance No. 1782 repealing Chapter 150 (Billboards and Signs) and Chap... Page 808 of 970 ArtIc le 3 | 217
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3.06. Ar t I n PuB LIc PLAcE S
A. P urpose
The City Council finds and declares:

1. T
his chapter may be known and cited as the Indio Art in Public Places Program. The city has developed a nationwide reputation through the annual International Tamale Festival, mural program, and other artistic events, that attract thousands of visitors every year to the city. The public health, safety and welfare, the preservation and enhancement of property values and economic vitality, as well as the popularity and prosperity of the community, are dependent upon and enhanced by visually pleasing and high-quality public art.

2. A s
tated goal of the General Plan is to provide a high quality of life and strong community identity enhanced by rich arts and culture programs. The Art in Public Places Program is intended to achieve this purpose by providing visual art throughout the city.

3. R
esidential and commercial development throughout the city will benefit from public art, both financially and visually. All property within the city will prosper through the enhancement and preservation of property values that will result from the location of visual art throughout the city. As such, the cost of providing public art should be shared. This program is a means of achieving a balanced responsibility of providing a cultural enhancement.

4. E
stablishment of the Art in Public Places Program will promote the general welfare through balancing the community’s physical growth with revitalization and its cultural and artistic resources.

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B. A rt in Public Places Program Established
The Art in Public Places Program is hereby established, which shall be applicable to public, residential, non- residential development. Each development subject to the program shall allocate a percentage of the costs of the development towards the placement of artwork within the development or elsewhere in the city, provided that a developer may pay a fee in lieu thereof.

The allocation percentage is established in Subsection D (Program Allocation).

C. Ar t in Public Places Fund

1. T here is hereby created a fund to be known as the “Art Fund” to account for fees paid pursuant to Subsection D (Program Allocation). This fund shall be maintained by the City Finance Director and shall be used:
a.

F
or the design acquisition, commission, installation, improvement, maintenance and insurance of an artwork, including the development of a design concept and the preparation of construction drawings, which are separate and apart from the cost of the fabrication and installation of the artwork;
b.

F
or the acquisition and improvement of real property for the purpose of displaying artwork, which has been or may be subsequently approved by the City;
c.

D
uring a fiscal year, for maintenance of artwork purchased pursuant to Subsection 1.a above; d. F
or costs associated with administering the Art in Public Places Program.

2. I
f real property purchased with monies from the Art Fund is subsequently sold, the proceeds from the sale shall be returned to the Art Fund.

D. P rogram Allocation

1. T he Program Allocation is the percentage of the construction costs set aside for the Art in Public Places Program. All residential construction of more than one unit, rehabilitation or expansion with a building permit valuation of $100,000 or more will be assessed an amount equal to ¼ percent for that portion of the permit valuation in excess of $100,000.
a.

A
ll other residential development, including two or more single-family dwellings being built concurrently in the same tract by the same owner or contractor, will be assessed an amount equal to ¼ percent of the total building valuation, excluding land acquisition and off-street improvement costs. b. A
ll public, non-residential development will be assessed an amount equal to ½ percent of the total building valuation, excluding land acquisition and off-site improvement costs. c.

T
he total building valuation shall consist of the dollar amount of all construction permits using the latest building valuation data, as set forth by the International Code Council, unless, in the opinion of the Director, a different valuation methodology is more appropriate for a particular project.

2. I
n lieu of placement or donation to the City of an approved artwork, the applicant may pay to the Art Fund an amount equal to the program allocation set forth in this Subsection. In lieu fees are due prior to the issuance of a building permit.

3. N
othing in this section shall prohibit the applicant from placing an approved artwork with acquisition and installation costs in an amount less than the program allocation, provided that the applicant shall also pay to the Art Fund an amount equal to the difference between the program allocation and the costs of acquisition and installation of such artwork.

E. A uthority to Adopt Guidelines
The City Manager shall have the power and authority to promulgate guidelines for the implementation of the Art in Public Places Program, and when duly promulgated, such rules and regulations shall be in full force and effect.

AGENDA ITEM #10.6
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4.01. Pu r PoS E + Au tHor ItY

4.01.01. G eneral Provisions
A. This Article provides site planning, development, and operating standards for certain land uses when allowed in accordance with Article 2 (Zone Regulations) and for activities that require special standards to ensure their compatibility with site features, existing uses, and surrounding uses. The standards in this Article supplement the development standards established in Article 2 (Zone Regulations). For land uses not discussed in the following Chapters, refer to Article 7 (Definitions).

B. The intent is to ensure that such developments do not have negative impacts on traffic, safety, air quality, and visual character of the area in which they are located.

C. Parking for all land uses shall be provided in accordance with Chapter 3.03 (Parking and Loading).

D. Signage for all land uses shall be provided in accordance with Chapter 3.05 (Sign Regulations).

E. Exterior lighting for all land uses shall be provided in accordance with Section 3.02.11 (Outdoor Lighting).

F. Fences, walls, and screening for all land uses shall be provided in accordance with Section 3.01.10 (Fences, Walls, and Screening).

G. As applicable, the provisions of Chapter 152 (Dust Control) shall apply.

H. Any decision of the Director may be appealed to the Planning Commission as prescribed in Section 6.03.13 (Appeals).

I. All distances shall be measured in a straight line, without regard to intervening structures or objects, from the property line of the lot containing or proposed to contain the specific use listed in this Article to the nearest property line or zone enumerated in Article 2 (Zone Regulations).

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4.02. Ac c E SSorY dW ELLI nG unItS

4.02.01. Pu rpose and Applicability
This Chapter provides the requirements for the establishment of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) consistent with Government Code Sections 65852.2 and 65852.22. ADUs contribute needed housing to the community’s housing stock and are a residential use which is consistent with the General Plan objectives and this Code and which enhances housing opportunities.

An accessory use shall be secondary to a primary use and shall be allowed only in conjunction with a principal use or building to which it relates under the same regulations as the main use in any zone. These regulations are found in the land use regulation tables in Article 2 (Zone Regulations) and may be subject to specific standards found in this Chapter or within each zone, as specified in the tables. Unless otherwise specified, accessory uses and structures are also subject to the development and site regulations found in Chapter 3.02 (General Site Development Standards for All Zones). ADUs and JADUs are defined in Article 7 (Definitions).

4.02.02. G eneral req uirements
ADUs shall comply with all provisions of the base, overlay, or specific plan zone, except as modified by this Chapter.

A. P rimary Dwelling Unit Required.

The lot shall contain an existing residential dwelling at the time an application for an ADU is submitted, or the application for the ADU may be made in conjunction with the development of the primary dwelling.

B. R equired Facilities.

An ADU shall contain a kitchen or an efficiency kitchen that includes cooking appliances, a food preparation counter, and storage cabinets. An ADU shall contain bathroom facilities separate from the single-family dwelling, with the exception of JADUs, which may share bathroom facilities with the primary residence (see Section 4.02.05 (Junior Accessory Dwelling Units).

C. A ccess.

An ADU shall have independent exterior access and a separate address.

D. U tilities and Impact Fees.

1. A DUs shall be metered separately from the primary dwelling for gas, electricity, communications, water, and sewer services with the following exceptions:
a. A
DUs constructed entirely within existing structures;
b. S
tatewide Exemption Accessory Dwelling Units (see Section 4.02.07 (Statewide Exemption Accessory Dwelling Units)), unless the ADU was constructed with a new single-family dwelling unit.

2. N
o JADU or ADU shall be permitted if it is determined that there is not adequate water or sewer service to the property.

3. N
o impact fees shall be imposed on a JADU or ADU that is less than 750 square feet in size. For purposes of this Chapter, "impact fees" shall not include utility connection fees or capacity charges.

4. F
or ADUs that are 750 square feet or more, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit.

E. B uilding and Fire Code Compliance.

ADUs shall comply with all applicable building and fire code requirements. Provided, however, that ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence. Except however, fire sprinklers may be allowed to address fire code compliance as needed.

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F. C EQA Exemption.

ADUs and JADUs are exempt from CEQA.

G. H istoric Preservation.

Compliance with the appropriate Secretary of Interior's Standards for the Treatment of Historic Properties shall be required for properties listed in the California Register of Historical Resources.

H. S hort-Term Rentals.

ADUs shall not be used for short-term rentals for a term of less than 31 days.

I. A pplication – Owner Certification.

An ADU may not be sold or otherwise conveyed separately from the primary residence except for as provided below (per Government Code Section 65852.26). As part of the building permit application process for an ADU, the owner of record shall submit a declaration, under penalty of perjury, stating that the ADU is not intended for sale separate from the primary residence, but may be rented. Nothing in this section shall be deemed to affect the legal status of an ADU built with a lawfully issued permit if the property is subsequently transferred or sold, or if the primary dwelling or ADU is subsequently rented or leased.

1. E
xception. A local agency shall allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer in conformance with the requirements of Government Code Section 65852.26. These include an ADU constructed on a property developed by a Qualified Non-profit Corporation, where there is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or where the property is held pursuant to a recorded tenancy in common agreement.

4.02.03. de velopment Standards
An ADU may be constructed on the same lot as an existing or proposed single-family dwelling, duplex, or multi- family dwelling in residential or mixed-use zones and in Specific Plan zones that allow residential uses, subject to applicable Building and Fire Code requirements and the following development standards:

A. N umber of Units.

1. Si ngle-Family Dwelling.

No more than one ADU and one JADU shall be permitted to be located on the same lot that has an existing or proposed single-family dwelling. An ADU and JADU may be located in the same primary dwelling.

2. D
uplex and Multi-Family Dwellings.

No more than two ADUs detached from an existing multi-family dwelling unit shall be permitted to be located on the same lot. At least one ADU and up to 25 percent of the total number of existing multi- family dwelling units shall be permitted to be converted from existing non-livable space including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings.

B. R esidential Density.

ADUs and JADUs shall not count toward the allowed density for the lot upon which the unit is located. ADUs and JADUs approved in compliance with this Article shall be considered a residential use that is consistent with the requirements of the General Plan and zoning ordinance.

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C. L ocation.

ADUs may be attached to or detached from an existing or proposed primary dwelling, or located within an existing dwelling. JADUs shall be located within the primary single-family dwelling.

D. H eight.

1. A ttached Accessory Dwelling Unit.
a. A
DUs attached to an existing or proposed primary dwelling that comply with the setback requirements for the primary dwelling as set by the underlying zone shall be subject to the maximum height requirements of the underlying zoning district.
b.

A
ttached ADUs that encroach within the setback requirements for the primary dwelling set by the underlying zone but comply with the setback requirements herein shall not exceed 18 feet.

2. D
etached Accessory Dwelling Unit.
a. A
DUs detached from an existing or proposed primary dwelling shall be subject to a maximum height of 18 feet.
b. N
o more than 400 square feet of the ADU shall be constructed above the first floor. The remaining allowable square footage shall be constructed on the first floor.

E. Si ze Limitations.

For the purposes of this Chapter, square footage for an ADU and primary dwelling shall not include garages, carports, and/or covered porches.

1. A
ttached ADUs.

The floor area of an attached ADU shall not exceed 50 percent of the existing or proposed living area of the primary dwelling or 1,000 feet, whichever is greater. However, in no case shall the floor area exceed 1,200 square feet.

2. D
etached ADUs.

The floor area of a detached ADU shall not exceed 1,200 square feet.

F. L ot Coverage.

ADUs shall be exempt from lot coverage calculations of the underlying zone. For the purposes of this Chapter, attached garages, carports, and covered porches associated with an ADU shall count towards lot coverage.

G. S etbacks.

ADUs shall comply with the setback standards applicable to other structures within the zone in which the lot is located except as provided below.

1. N
ew ADU.

A four-foot side and rear yard setback shall be required for new attached or detached ADUs. ADUs shall be subject to front yard setbacks applicable to the primary dwelling, unless such a requirement would preclude the construction of a Statewide Exemption Accessory Dwelling Unit as is described in Section

4.01.07. 2.

C
onversion of Existing Accessory Structure.

No setback shall be required for an ADU located within the existing living area or an existing accessory structure (e.g., detached garage), or an ADU that replaces an existing structure (e.g., garage converted to an ADU) and is located in the same location and to the same dimensions as the structure being replaced, unless required to meet current Building and Fire Code requirements.

3. C
onversion and Expansion of Converted Structures.

Any expansion of an ADU converted from a legal accessory structure or primary dwelling shall be subject to this Subsection (Development Standards) for an ADU. See also subsection G.4 below.

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4. S econd Story Accessory Unit.

A minimum setback of four feet from the side and rear lot lines, with an overhang of one-foot or less, shall be required for any second story of a detached ADU.

5. B
uilding Separation.

A detached ADU shall be located at least six feet away from the primary dwelling unit.

6. S
afety Codes and Easements.

Additional setback requirements may apply under the Building and Fire Codes or as a result of "no-build" easements or require compliance with existing easement restrictions.

4.02.04. P arking
A. C onversion of Parking.

No replacement parking spaces shall be required if an existing garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU.

B. R emoval of Off-Street Parking.

If off-street parking is removed to allow for an ADU in a single-family zone, the on-site parking need not be replaced.

C. R equired Parking.

No additional parking spaces shall be required for ADUs or JADUs.

D. P arking Configuration.

If provided, the automobile parking for an ADU may be provided in setback areas and through tandem parking unless the Director finds that parking in setback areas or tandem parking is not feasible based upon the topographical conditions of the specific site or region or fire and life safety conditions.

4.02.05. J unior Accessory dw elling un its
If a JADU is proposed, it shall comply with the requirements of California Government Code Section 65852.22, as may be amended from time to time, including but not limited to the following:

A. Shall not exceed 500 square feet in size.

B. Shall not be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code Section 17958.1.

C. Shall be contained entirely within the walls of a single-family residence. JADUs are not permitted on multi- family residential lots.

D. Shall provide a separate exterior entrance from the single-family home.

E. Shall contain a kitchen or an efficiency kitchen that includes cooking appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the JADU.

F. May share a bathroom with the single-family home.

G. The owner shall reside in either the single-family residence or the newly created JADU.

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H. A deed restriction shall be recorded providing for a prohibition on the sale of the JADU separate from the single-family residence, including a statement that the deed restriction may be enforced against future purchasers, and a restriction on the size and attributes that conforms with the requirements of Government Code Section 65852.22.

I. Only one JADU shall be allowed per lot.

J. No additional parking shall be required for construction of a JADU.

K. When a garage is converted into a JADU, any off-street parking spaces that were provided by such garage are not required to be replaced.

4.02.06. de sign Standards
A. D esign and Materials.

If the ADU requires an exterior addition to the primary dwelling or construction of a new detached building, the ADU shall be visually compatible with the primary dwelling as follows:

1. T
he ADU shall incorporate at least two of the same colors and/or materials as the primary dwelling unit.

2. T
he ADU shall incorporate at least two of the same stylistic or character defining elements of the primary dwelling unit, which include form, roof style/pitch, windows, doors, and accents/architectural details (e.g., trim, cornices, eaves, lintels, pilasters, columns, dormers, etc.) B. P rivacy.

1. A ny window or door of an ADU that faces adjacent residences and is less than 10 feet from the property line shall utilize one or more of the following techniques to lessen the privacy impacts onto those properties:
a.

U
se of opaque windows;
b. P
lacement of windows above eye-level (five feet or above) if architecturally compatible; and/or c.

P
rovision of vegetative or other screening treatment installed and effective prior to occupancy.

2. F
or detached ADUs, balconies and second story decks shall be located interior to the site and not facing the immediately adjacent side or rear yards.

3. F
or detached ADUs, open stairways shall be located interior to the site and not facing the immediately adjacent side or rear yards, if feasible.

4.02.07. S tatewide Exemption Accessory dw elling
un
its
Pursuant to subdivision (e) of Government Code 65852.2, only a building permit shall be required for an ADU or JADU in the following circumstances if the proposed ADU complies with Building, Fire, and safety codes, provides independent exterior access from the existing residence, and the side and rear setbacks meet the standards in this Chapter. Statewide Exemption ADUs, as described below, shall not be subject to the development and design standards within this Chapter, except for those standards noted in subdivision (e) of Government Code 65852.2.

A. Si ngle-Family Conversion.

One ADU and one JADU per lot shall be permitted within an existing or proposed single-family dwelling if the ADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and has exterior access separate from the primary dwelling and sufficient side and rear setbacks for fire safety. An ADU proposed under this Section may include an expansion of no more than 150 square feet beyond the same physical dimensions as the existing accessory structure to accommodate ingress and egress.

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B. Si ngle-Family Detached.

New construction of one detached ADU that does not exceed 800 square feet and 16 feet in height shall be permitted with minimum four-foot side and rear yard setbacks. The detached ADU may be combined with a JADU that is permitted by Subsection A above.

C. M ulti-family – Conversion.

At least one ADU and up to 25 percent of the total number of existing multi-family dwelling units shall be permitted to be converted from existing non-livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings.

D. M ulti-family Detached.

No more than two detached ADUs shall be permitted if the ADU(s) is/are located on a lot that has an existing multi-family dwelling, and the unit(s) is/are no more than 16 feet in height, and does/do not exceed four-foot rear yard and side setbacks.

4.02.08. Ap plication re view and Approval
ADUs and JADUs shall be allowed ministerially in compliance with this Chapter and State law as part of the building permit review process for the creation of the ADU or JADU.

A. A pplication.

Concurrent with the submittal of a complete building permit application for the ADU or JADU, the ADU/JADU checklist, which demonstrates compliance with all of the ADU/JADU development regulations, shall be submitted.

The application shall include plans showing the details of the proposed unit per submittal guidelines established by the Director or his/her designee.

B. C ompliance Determination.

The Director shall make a determination of compliance prior to issuance of the building permit for the ADU/JADU.

The determination of the Director is final and not subject to appeal.

C. A pproval.

All applications for ADU/JADUs that meet and comply with the requirements of this Chapter shall be approved without additional permits, discretionary reviews, or hearings within 60 days after receipt of a substantially complete application if there is an existing single-family dwelling, duplex, or multi-family dwelling on the lot.

Applicants may request a delay or waive the 60-day approval period. The application shall be denied if the proposed ADU/JADU does not comply with all applicable requirements of this Chapter or it may be conditionally approved subject to conditions that will bring the proposed ADU into compliance with this Chapter.

If the application involves an ADU or JADU where there is also an application for a new single-family dwelling on the lot, then the Director may delay action on the ADU or JADU application to coincide with the single-family dwelling application as long as the Director applies the ministerial review required by this Chapter to the ADU.

4.02.09. co mpliance with State Law
To the extent any provision of this Chapter is inconsistent with State law governing ADUs or JADUs, the applicable State law shall govern.

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4.03. AduLt-o rI En tEd Bu SInE SSES

4.03.01. Pu rpose and Applicability
A. The purpose of this Chapter is to establish standards to enhance the compatibility of adult-oriented businesses with other uses in the same zone and to minimize impact of these uses to abutting residential properties. Adult-oriented businesses provide products and services of a mature nature capable of causing serious negative secondary effects on the community, including depreciation of property values; increase in vacancies in residential and commercial areas in the vicinity of adult-oriented businesses; interference with residential property owner’s enjoyment of their properties when the properties are located in the vicinity of adult-oriented businesses; and blight conditions such as inadequate maintenance of commercial premises and parking lots, which thereby have deleterious effects upon adjacent areas.

B. The intent of these zoning provisions is to provide special design standards and regulatory guidelines which will direct the time, place, and manner of the operation of adult-oriented businesses in order to minimize the associated negative secondary effects.

4.03.02. L ocation Standards
All new adult-oriented business shall be located consistent with the following standards:

A. Located a minimum of 500 feet from another adult-oriented business B. Located a minimum of 1,000 feet from all of the following uses:

1. A
ny religious institutions;

2. S
chools;

3. P
ark and recreation facilities;

4. C
ommunity centers;

5. L
ibraries;

6. Y
outh organizations; and

7. C
hild Day Care in a Home (Small or Large), or Day Care Centers.

C. Located a minimum of 250 feet from all of the following uses:

1. A
ny business involving an on-premises sale of liquor or alcoholic beverages; and

2. A
ny zone other than the IL and IH zones.

D. An adult-oriented business shall not be operated within any building or structure containing another adult- oriented business or use as defined by this Section.

4.03.03. S tandards
A. Adult-oriented business shall comply with all permitting or licensing requirements and otherwise applicable standards in Chapter 120 (Sexually Oriented Businesses). In the case of a conflict between this Chapter and Chapter 120 (Sexually Oriented Businesses), this Chapter shall prevail.

B. To maintain the City’s standard for safe business conduct, adult-oriented businesses must remain in compliance with the following:

1. M
aximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed, and provided in compliance with the Fire Department and building regulations and standards adopted by the City.

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2. N o adult-oriented business shall be operated in any manner that allows the observation of any material or activities depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” from any public way or from a location outside the building or areas of such establishment. This provision shall apply to any display, decoration, sign, show window, or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

3. L
ighting shall be required which is designated to illuminate all off-street parking areas serving such use for the purpose of increasing the personal safety of patrons and reducing the incidents of vandalism and theft. Said lighting shall be consistent with Section 3.02.11 (Outdoor Lighting).

4. N
o loudspeakers or sound equipment shall be used by an adult-oriented business for the amplification of sounds to a level discernible by the public beyond the walls of the building in which such use is conducted or which violates any existing noise restrictions or standards adopted by the City. The premises within which the adult-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.

5. T
he building entrance to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Director. No person under the age of 18 years shall be permitted within the premises at any time.

6. T
he adult-oriented business shall not be located, in whole or in part, within any portable structure.

7. T
he adult-oriented business shall not conduct or sponsor any special events, promotions, festivals, concerts, or similar activities which would increase the demand for parking spaces beyond the number of spaces for the business, as required by the Code.

8. T
he adult-oriented business shall not conduct any massage, acupuncture, tattooing, acupressure, or escort services and shall not allow such activities on the premises.

9. L
andscaping shall conform to the standards established for the zone, except that, if the adult-oriented business is the sole use on a lot, no planting shall exceed 30 inches in height, except trees with foliage not less than six feet above the ground.

10. A
ll indoor areas of the adult-oriented business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

11. S
pecified sexual activities are prohibited in restrooms of any adult-oriented business.

12. A
ll areas of the adult-oriented business accessible to patrons shall be illuminated to a minimum level of 20 foot-candles, minimally maintained and evenly distributed at ground level except as otherwise required by law for adult motion picture theaters and as provided in Subsection 4.02.03.A.14 with regard to adult arcades.

13. A
dult-oriented businesses are prohibited to operate between the hours of 1:00 a.m. and 9:00 a.m., daily.

14. A
dult-oriented business shall not sell or offer for sale any device, instrument or paraphernalia designed or marketed primarily for sexual stimulation or for sadomasochistic use or abuse of themselves or others. Such devices, instruments, or paraphernalia include, but are not limited to, phallic shaped vibrators, dildos, muzzles, whips, chains, bather restraints, racks, non-medical enema kits, body piercing implements (excluding earrings or other decorative jewelry) or other tools of sadomasochistic abuse.

15. P
ublic nudity is prohibited at adult-oriented businesses, whether or not alcoholic beverages are sold, served or consumed on the premises. Any adult-oriented business found to have violated this Section shall have its permit suspended or revoked pursuant to Chapter 120.09 (Suspension of Permit) and 120.10 (Revocation of Permit) of the Indio Municipal Code. It is hereby further declared that California Penal Code Section 314 relating to lewd public nudity specifically applies to sexually-oriented businesses (regardless of whether or not a permit has been issued to said businesses under this Chapter), including said businesses even if no alcoholic beverages are sold, served, or consumed at the premises of said businesses, pursuant to California Penal Code Subsection 318.5 and 318.6. Prosecution for violations shall be maintained under the Penal Code by the appropriate enforcement officials.

16. T
he Conditional Use Permit shall be conspicuously posted and visible to patrons inside the adult-oriented business.

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17. T he following additional requirements shall pertain to adult arcades which provide one or more viewing area(s):
a. O
ne or more manager’s stations (not to exceed 32 square feet of floor area with no dimension greater than eight feet) shall be provided.
b. I
t shall be the duty of the owner(s) to ensure that at least one employee is on duty and situated at each manager’s station at all times that any patron is present inside the adult arcade. c.

T
he interior of the adult arcade shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the adult arcade to which any patron is permitted access, excluding restrooms. If the adult arcade has two or more manager’s stations designated, then the interior of the adult arcade shall be configured in such a manner that there is an unobstructed view of each area of the adult arcade to which any patron is permitted access, excluding restrooms, from at least one of the manager’s stations. The view required in this subsection must be by direct line of sign from the manager’s station.
d.

I
t shall be the duty of the owner(s) and also the duty of all employees present in the adult arcade to ensure that the individual viewing areas remain unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the adult arcade which has been designated as an area in which patrons will not be permitted in the application filed pursuant to this Section. e.

N
o individual viewing area may be occupied by more than one person at a time. Individual viewing areas of the adult arcade shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas.
f.

N
o individual viewing area shall contain booths, stalls, or partitioned portions of such individual viewing area used for viewing of adult material or other forms of entertainment, having doors, curtains or portal partitions, unless such individual viewing areas containing booths, stalls or partitioned portions have at least one side open to the manager’s station and is visible to such manager’s station. Any booth, stall, or partitioned portion of an individual viewing area authorized under this subparagraph shall be constructed so as to allow 12 inches of open space between the bottom of the stall or partition and the floor. Such open space shall remain unobstructed at all times. g.

T
he adult arcade shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access, but such lighting shall not be of an intensity as to prevent the viewing of the adult material.

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4.04. A nI MAL KEEPI nG

4.04.01. Pu rpose and Applicability
The purpose of this Chapter is to ensure that the keeping, raising, and maintenance of animals and bees within the city does not create an adverse impact on adjacent properties by reason of dust, fumes, noise, odor, insect or vermin infestations, or visual blight, and to maintain animal welfare and public health, safety, and well-being.

4.04.02. S tandards
A. The keeping of exotic or wild animals shall not be permitted in any zone in accordance with Article 2 (Zone Regulations).

B. Domestic animals are allowed in all zones where residential uses are allowed subject to the following standards:

1. U
p to four dogs or cats or a combination, over four months of age.

2. A
n unlimited number of small birds, fish, or nonpoisonous reptiles, provided they do not become a public nuisance due to odors, noise, or public health considerations.

3. U
p to four domesticated rodents, provided they do not become a public nuisance due to odors, noise, or public health considerations.

C. The number of large and small livestock in residential zones is established in Table 4.04.02-1 (Number of Animals Permitted by Lot Area). Refer to Table 2.02.02-1 (Allowed Uses – Residential Zones) to determine in what residential zones large and small livestock may be kept:
t
ABLE

4.04.02–1: n
uM
BEr

oF AnI
MALS PErM
It
t
Ed
BY Lo
t
ArE
A
Type of Animal Maximum Number of Animals Permitted per Lot Size 8,000 sq. ft. –
12,999 sq. ft.
13,000 sq. ft. –
19,999 sq. ft.
20,000 sq. ft. –
43,559 sq. ft.
43,560 sq. ft. –
87,119 sq. ft. > 87,120 sq. ft.
“ft” = Feet and “sf” = Square Feet
Equine and Large Livestock
Cattle, Swine, Llamas,
Alpacas, Goats, Sheep,
and Other Livestock
Not Prohibited By This
Chapter
0 0 2
1 41 Max. 5
Horses, Mules, and
Donkeys 0 0 2 4 Max. 4 per acre
Small Livestock and Poultry
Goats (miniature, pygmy,
dwarf) 2 2 4 8 Max. 10
Poultry and Rabbits 5 10 15 20 Max. 25
End Note:

1. M ax. 1 animal per 20,000 square feet gross lot area.

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1. O ffspring.

Young animals born to a permitted animal kept on the site may be kept until such animals are weaned (cats and dogs: four months; large animals: six months; horses: 12 months) and are not subject to the maximum number of animals allowed in Table 4.04.02-1 (Number of Animals Permitted by Zone).

2. S
tandards for Large Livestock.
a. S
helters for large livestock must be located:
i. N
o less than 75 feet from any dwelling unit.
ii. N
o less than 50 feet from any property line.
b. A
t least 10,000 square feet of pasture must be made available for each large livestock animal.

3. Ad
ditional Standards for Horse Corrals are as follows:
a. H
orse corrals shall be a minimum of 300 square feet for the first horse and an additional 200 square feet for each additional horse.
b. H
orse corral fences shall be at least five feet in height and constructed securely to confine the horses. c.

T
he corral and stable areas shall be sprinkled or otherwise treated so as to prevent dust, and all accumulation of manure, mud, or refuse shall be eliminated so as to prevent the breeding of flies. d. S
tables shall be provided consisting of structures with weatherproof roofs with an area of 60 square feet for the first horse and an additional 36 square feet for each additional horse. e. E
nclosed box stalls shall be a minimum of 12’ x 12’ per horse.

4. S
tandards for Small Livestock and Poultry.
a. M
ale dwarf or pygmy goats must be neutered and dehorned by four months of age. b. S
helters and fenced enclosures for housing, keeping, or caring for small livestock must:
i. B
e located no less than 10 feet from any property line and at least 20 feet from the nearest neighboring dwelling.
ii. H
ave a minimum of four square feet of indoor space per poultry or rabbit. iii. H
ave a minimum of 10 square feet of permeable outdoor space per poultry or rabbit. iv. H
ave a minimum of 130 square feet of permeable space per dwarf or pygmy goat.

5. M
aintenance.

All livestock and the pens, stalls, stables, yards, shelters, cages, and premises where they are held or kept shall be maintained in such a manner so as to not become a public health nuisance. Livestock shelters and runs must be clean and sanitary, generally free of fecal and other matter that may attract flies, rodents, or cause an offensive odor that can be detected beyond the property line. Nothing in this Subsection shall be deemed to prohibit the use of animal manure or droppings to fertilize any farm, garden, lawn, or ranch in such a manner and for such purposes as are compatible with customary methods of good horticulture.

6. F
eeding.

Feeding of livestock shall be done exclusively from containers (e.g., a trough) or on an impervious platform. Food for feeding livestock shall be stored in rodent and predator resistant containers. The area where livestock are fed must be located a minimum of 20 feet from any dwelling.

7. W
ater.

Watering troughs or tanks shall be provided and shall be equipped with adequate facilities for draining the overflow so as to prevent the ponding of water, the breeding of flies, mosquitoes, or other insects, or any additional health hazards. Watering troughs must be located a minimum of 20 feet from any dwelling.

8. S
helters.

Shelters must be covered, predator-resistant, properly ventilated, and designed to be easily accessed, cleaned, and maintained.

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9. W ater Runoff.

All animal-keeping facilities must be designed in a manner such that water runoff does not become a health hazard or nuisance to uses on other properties and is contained and disposed of and does not contribute to the pollution of local groundwater or the flooding of adjacent properties.

10. No
ise.

No person shall keep or harbor any animal which by frequent or habitual howling, yelping, barking, crowing, or the making of any other noise, day or night, unreasonably disturbs the peace and quiet of any person or persons.

11. In
cineration.

No incineration of animal refuse shall be permitted on the premises.

12. M
anure Storage and Removal.
a. R
emoval of manure must occur no less than once a month or as necessary to ensure the health, safety and welfare of residents and visitors to the area. b. M
anure shall be stored within enclosures built expressly for this purpose. Manure storage containers shall be setback a minimum of 50 feet from any perimeter property line. c.

A
ny condition that results in odors, unsightly areas, or infestation shall be deemed a public nuisance and/or health hazard and shall be abated within seven days of proper notice.

D. The keeping of all animals must comply with all applicable local, State, and Federal regulations.

E. Any increase in the number of large and small livestock in residential zones shall be subject to review and approval by the Planning Commission through a Conditional Use Permit (see Section 6.04.04 (Use Permits)).

The Planning Commission shall make findings that the requested increase does not create impacts on adjacent properties that cannot be mitigated.

4.04.03. S tandards for Bee Keeping
A. The following standards provide for the safe and orderly keeping of bees.

1. B
ee keeping is allowed in the DE-1, DET-3, and SN-4 zones. The principal use of the property on which beehives are kept must be residential, institutional, or educational.

2. B
eehives shall only be located in rear yards and shall be placed a minimum of 20 feet from any property line, except that in the DE-1 and DET-3 zoning beehives also may be placed in the interior side yards. In all zones the entrance to the beehive shall face away from the property line closest to the hive.

3. A fl
yway barrier shall be established and maintained so that all bees are forced to fly at an elevation of at least six feet above ground level in the vicinity of the beehive. Any fence, wall, or natural barrier proposed as a flyway barrier shall comply with the provisions of Section 3.01.10 (Fences, Walls and Screening), as well as the following:
a.

B
e a minimum of six feet tall;
b. B
e solid such that bees cannot fly through it;
c.

B
e placed parallel to the property line; and
d. E
xtend a minimum of five feet beyond the beehive(s) in each direction.

4. A c
onvenient source of water shall be made available for the bees at all times of the year so that bees are less likely to congregate at swimming pools, pet watering bowls, bird baths, or other water sources.

5. I
n any instance in which a bee colony exhibits unusually defensive characteristics by stinging or attempting to sting without provocation or exhibits an unusual disposition toward swarming, beekeepers shall promptly re-queen the colony with another marked queen. Queens shall be selected with a gentle disposition from stock bred for gentleness and non-swarming characteristics. An owner/keeper of a bee hive must be able to produce proof of a receipt from a queen breeder.

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4.04.04. B ackyard Breeding
A. Pu rpose.

The purpose of this subsection is to protect the public health, safety, general welfare, and quality of life in the city. The City Council finds that backyard breeding of dogs and cats to potentially be incompatible with surrounding uses in any residential zone of the city because of the noise and odors associated therewith. In addition, the City Council finds that backyard breeding contributes to the stray animal population of the city.

Furthermore, the City Council finds that backyard breeding often contributes to unhealthy and inhumane conditions for dogs and cats in the city.

B. P rohibition.

Unless conducted by a licensed breeder, backyard breeding is prohibited on any residentially zoned property in the city, except as allowed as an accessory use in the DE-1, DET-3, and SN-4 zones as stipulated in Article 2 (Zone Regulations), and no person shall establish or operate a backyard breeding operation on any residentially zoned property.

C. B ackyard Breeding Standards.

No person shall cause or allow any dog or cat owned, harbored, or kept within the city to breed without first obtaining a Riverside County unaltered dog license for dogs and a City business license for the breeding of either dogs or cats. Backyard breeding of dogs or cats shall only be conducted by a reputable breeder and is subject to the following:

1. A re
putable residential breeder must obtain a City business license and shall not allow the whelping or queening of more than one litter per business license within any 12-month period. Within 30 days of each litter, the reputable residential breeder shall notify the City of the date and the number of dogs or cats in the litter.

2. A re
putable residential breeder must obtain a State of California sellers permit.

3. N
o offspring may be sold, adopted, bartered, or otherwise transferred until it has reached the age of at least eight weeks.

4. N
o offspring may be sold or adopted until properly immunized against common disease. The sale or adoption of a dog or cat shall include a statement signed by the seller attesting to the signatory's knowledge of the animal's health and the animal's immunization history.

5. A
ny person who advertises the availability of any dog or cat for sale, adoption, or transfer, whether for compensation or otherwise, must prominently display the business license in any such advertisement.

Further, the business license number shall be provided to any person who purchases, adopts, or receives any animal and placed on any receipt of sale.

6. A
ny person conducting backyard breeding activity shall be subject to inspection by the City or parties commissioned by the City to conduct such.

7. A
ny person selling or otherwise transferring a dog or cat, shall provide to the new animal owner City application(s) for a license and permit, as well as written information regarding the license and permit requirements of the City and Riverside County Animal Control applicable to such animal.

8. T
he number of animals kept shall comply with the standards established in Section 4.04.02 (Standards).

D. V iolation and Enforcement.

Any violation of this Section is a misdemeanor and a public nuisance. The nuisance may be enjoined or otherwise abated by the City in the manner described in Section 10.100 of the Indio Municipal Code and any other applicable provision of state or local law.

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4.05. Au to Mo tI VE SErV IcE An d
rE
PAI
r/
F
uE
LI
nG StAtIonS

4.05.01. Pu rpose and Applicability
The purpose of this Chapter is to establish standards to enhance the compatibility of automotive service and repair or fueling station uses, including fueling stations and convenience stores with other uses in the same zone, and to minimize the impact of these uses to abutting residential properties.

4.05.02. S tandards
The following supplemental development standards shall apply to development or conversions subsequent to the Effective Date and to expansions or modifications to existing development.

A. Automobile repair facilities falling under the category of an accessory use for an allowed retail or service/ fueling use in the mixed-use and non-residential zones shall be subject to the applicable requirements of this Chapter.

B. Repair work shall be conducted entirely within an enclosed building. Dismantled vehicles and tow trucks shall be stored inside a building or inside a screened area where the vehicles will not be visible from off-site when the business is closed. Where possible, service bay entrances shall not face a public street.

C. Surfaced parking areas shall be provided on site for the storage of vehicles awaiting service. No actual repair work shall be conducted on vehicles awaiting service, except for cursory examination.

D. Minor repair and body or refinishing shops are allowed as accessory uses to automobile sales dealerships when located not less than 200 feet from a residentially zoned property. Accessory automobile repair facilities shall not exceed one third of the total floor area devoted to the entire principal use.

E. Major repair and body or refinishing shops as a primary use shall be considered as industrial uses.

F. Major or minor automobile repair facility structures shall not be placed closer than 40 feet to any street right-of-way or closer than 60 feet to any lot in a residential zone.

G. Garage doors on buildings used for vehicle repair shall be positioned to face away from all residential zones.

H. Pump islands shall be located a minimum of 20 feet from all property lines. Pump island canopies shall be located a minimum of 10 feet from all property lines.

I. The operation, display, or storage of merchandise or auxiliary activities (including rental trailers or ice machines) shall be located within a structure, except for those activities directly required to dispense gasoline, oil, water, or air.

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4.06. B AIL B on dS

4.06.01. Pu rpose and Applicability
The purpose of this Chapter is to establish standards for bail bonds establishments which make available to the public undertakings of bail in connection with judicial proceedings and to ensure that such businesses are appropriately located and operated so as to not pose a significant threat to the public health, safety, and welfare.

4.06.02. L ocation Standards
All new bail bonds establishments shall be located consistent with the following standards:

A. Located a minimum of 1,000 feet from another bail bond services establishment.

B. Located a minimum of 500 feet from all of the following uses:

1. S
chools;

2. P
arks and recreation facilities;

3. C
ommunity centers;

4. L
ibraries;

5. Y
outh organizations; and

6. A
ny business involving an on-premises sale of liquor or alcoholic beverages, excluding restaurants and grocery stores/supermarkets.

4.06.03. S tandards
In addition to the development standards of the underlying zone, the following special standards apply to all bail bonds establishments (existing and new):

A. Operation of bail bonds establishments shall be limited to Monday through Saturday, from 7:00 a.m. to 7:00 p.m.

B. Management shall be responsible for the removal of litter from adjacent property and streets that results from the bail bonds establishment (with adjacent property owner consent).

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4.07. cA nn ABIS Ac tI VItY

4.07.01. Pu rpose and Applicability
The purpose of this Chapter is to establish specific standards for commercial cannabis activities to ensure that cannabis retailers are appropriately located and operated so as not to pose a significant threat to the public health, safety, and welfare, and to limit potential adverse impacts on sensitive uses located in surrounding neighborhoods.

4.07.02. d efinitions
The technical terms and phrases used in this Chapter are defined in Section 123.06 of Chapter 123 (Cannabis Business Activities) of Title XI (Business Regulations) of the Indio Municipal Code and Article 7 (Definitions) of this Code.

4.07.03. P ermitted Locations
Cannabis Storefront Retailer and Cannabis Non-Storefront Retailer businesses are permitted land uses in the following zones subject to the location requirements set forth in this Chapter:

A. All Mixed-Use zones (as specified in Article 2 (Zone Regulations)); B. The Regional Commercial zone (as specified in Article 2 (Zone Regulations)); and C. 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.

4.07.04. L ocation Standards
A Cannabis Storefront Retailer and Cannabis Non-Storefront Retailer shall be located consistent with the following standards:

A. Located a minimum of 600 feet from any zoned parcel in the City designated as a sensitive use pursuant to Indio Municipal Code Section 123.32(B)(2).

B. Located a minimum of 250 feet from any church located in a residential zone that is in existence at the time the Cannabis Business Permit is issued.

4.07.05. P ermit req uired
In order to operate in the areas set forth in Section 4.07.04, a Cannabis Storefront Retailer and a Cannabis Non- Storefront Retailer must obtain and maintain at all times the following permits and licenses:

A. A valid Cannabis Business Permit as required by Chapter 123 (Cannabis Business Activities) of the Indio Municipal Code;
B. A valid business license from the City; and
C. A valid State of California Seller's Permit.

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4.07.06. P ersonal ca nnabis cu ltivation
Notwithstanding Sections 4.07.01 through 4.07.05, engaging in the indoor personal 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 California Health and Safety Code, Sections 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.

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4.08. cH E cK cA SHInG BuS InES SES

4.08.01. Pu rpose and Applicability
The purpose of this Chapter is to establish specific site planning, development, and/or operating standards for check cashing businesses. The development standards of this Chapter shall apply to all check cashing businesses in the city, unless specified otherwise.

4.08.02. L ocation Standards
All new check cashing businesses shall be located consistent with the following standards:

A. Located a minimum of 1,000 feet from another check cashing establishment.

B. Located a minimum of 500 feet from all of the following uses:

1. S
chools;

2. P
arks and recreation facilities;

3. C
ommunity centers;

4. L
ibraries;

5. Y
outh organizations; and

6. A
lcoholic beverage sales, excluding restaurants and grocery stores/supermarkets.

4.08.03. S tandards
In addition to the development standards of the underlying zone, the following special standards apply to all check cashing businesses (existing and new):

A. Operation of check cashing businesses shall be limited from 7:00 a.m. to 7:00 p.m., daily.

B. Management shall be responsible for the removal of litter from adjacent property and streets that results from the check cashing business (with adjacent property owner consent).

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4.09. cH IL d dA Y cArE I n A Ho ME
(SMALL A
nd L
A
rG
E) A
nd
dA
Y
cArE

cEn
tErS

4.09.01. Pu rpose and Applicability
The purpose of this Chapter is to establish standards for child day care in a home (small and large) and/or day care centers. Child day care in a home (small and large) shall be clearly incidental to the use of the dwelling and may not change the character of the dwelling or adversely affect the uses allowed in its zoning district.

4.09.02. L ocation Standards
All new child day care in a home (large) and day care centers shall be located consistent with the following standards:

A. Child day care in a home (large) shall be located a minimum of 300 feet from a residential care facility, child day care in a home (small and large), and day care center.

4.09.03. S tandards
A. Child day care in a home (small and large) and day care centers shall comply with the following standards:

1. C
hild day care in a home (small) shall serve eight or fewer children, including children who reside at the home and are under the age of 10.

2. C
hild day care in a home (large) shall serve seven to 14 children, including children who reside at the home and are under the age of 10.

3. D
ay care centers shall serve seven or more persons.

B. Child day care in a home (large) and day care centers shall be located, developed, and operated in compliance with the following standards:

1. L
icense.

The operator shall secure and maintain a license from the State of California Department of Social Services.

2. P
ick-up and Drop-off Plan.

A plan and schedule for the pick-up and drop-off of children or clients shall be provided for approval by the Director. The plan shall demonstrate that adequate parking and loading are provided to minimize congestion and conflict points on travel aisles and public streets. The plan shall include an agreement that includes, at a minimum:
a.

A s
cheduled time for pick-up and drop-off with allowances for emergencies; and b. P
rohibitions of double-parking, blocking driveways of neighboring properties, or using driveways of neighboring properties to turn around.

3. S
creening.

A periphery wall, constructed of wood or masonry, or landscaping screen shall be provided to screen outdoor activity areas and shall achieve 75 percent opacity. Chain metal fencing or barbed wire is prohibited. The height of the screening shall comply with the standards of the underlying zone.

4. H
ours of Operation.

Hours of operation shall only be within the hours of 6:00 a.m. and 7:00 p.m., Monday through Friday.

Additional hours may be allowed subject to approval of an Administrative Use Permit.

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4.10. c on VEnI En cE MA rK EtS

RESERVED

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4.11. c ott A GE Fo od o PErAtIonS

4.11.01. Pu rpose and Applicability
The purpose of this Chapter is to establish standards for cottage food operations in residential dwellings within the City. It is the intent of the City in adopting this Chapter that cottage food operation uses shall not alter or disturb the residential nature of the premises or its surroundings.

4.11.02. P ermitted Accessory u se
Subject to the limitations, standards and requirements of this Chapter, cottage food operations are permitted as an accessory use in all lawfully constructed and occupied dwelling units in accordance with Article 2 (Zone Regulations).

4.11.03. S tandards
Cottage food operations shall be subject to the following standards and requirements:

A. A cottage food operation shall comply with all development standards of the zone where the dwelling unit is located.

B. A cottage food operation shall comply with all permitting or licensing requirements and otherwise applicable Riverside County standards.

C. The site of the cottage food operation must be a principal residence of a person engaged in and the owner of the cottage food operation.

D. No more than one full-time equivalent cottage food employee may engage in cottage food operation activities on the site of the cottage food operation at any one time.

E. A cottage food operation shall be incidental and accessory to the principal residential use of a dwelling unit.

F. There shall be no outside storage related to the cottage food operation on the site.

G. The cottage food operation activities shall be conducted entirely within a primary dwelling unit.

H. There shall be no outside activities or uses which indicate the presence of a cottage food operation, nor shall the cottage food operation alter or disturb the area in which the dwelling unit is located.

I. The residential character of the exterior of the dwelling unit shall not be changed.

J. No signs other than one non-illuminated building-mounted sign, not more than two square feet in area, shall be erected on the premises in which the dwelling unit is located and is consistent with applicable standards in Chapter 3.05 (Sign Regulations).

K. Direct retail sales of any other products at the site of the cottage food operation are prohibited, except for cottage food products that have been prepared for sale in the kitchen of a cottage food operation.

L. A maximum of one customer vehicle may be parked at the site of a cottage food operation at any given time.

A maximum of two customers may visit the site of a cottage food operation at any given time.

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M. A maximum of one vehicle not larger than 10,000 pounds gross vehicle weight rating, used in conjunction with a cottage food operation, may be parked at the cottage food operation site.

N. A cottage food operation shall not be conducted so it creates or results in noise, glare, smoke, dust, vibration, fumes, odor, electrical interference, radio interference, television interference, fire hazard, significant vehicular or pedestrian traffic or any other hazard or nuisance disruptive to reasonable use of surrounding properties.

O. The use or storage of any flammable, combustible, or toxic material in conjunction with a cottage food operation shall be limited to materials and quantities allowed for a residential use pursuant to applicable law.

4.11.04. E xceptions
Cottage food operations shall not be permitted in any second unit, guest quarter, accessory building, ADU, or JADU.

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4.12. c ott A GE In du St rY

4.12.01. Pu rpose and Applicability
The purpose of this Chapter is to establish standards for cottage industry and provide for limited commercial uses in conjunction with dwelling which are more extensive than home occupations, but which, like home occupations, do not alter or disturb the residential or rural nature of the premises or its surroundings.

4.12.02. S tandards
Cottage industries shall conform to the following requirements:

A. The particular uses conducted by the cottage industry and their operation and appearance shall not change or disturb the residential or rural character of the premises or its surroundings.

B. The use shall be environmentally sound regarding the project site and region.

C. No additional service demands shall be created by the use.

D. Not more than three full-time equivalent cottage industry employees shall work on the premises in addition to the members of the family residing on the premises.

E. The cottage industry shall be clearly incidental and subordinate to the use of the premises for residential purposes.

F. Multiple uses are permitted within a cottage industry. The area occupied by all uses within the cottage industry, including storage, shall not exceed 1,000 square feet.

G. All aspects of the cottage industry shall be located and conducted within a dwelling unit or enclosed accessory building(s), with the exception of outdoor storage of materials, products, or vehicles as specifically provided by the Administrative Use Permit when completely screened from the street and adjoining properties.

H. There shall be no other change in the outside appearance of the building or premises, except one non- illuminated sign not exceeding four square feet.

I. The sale of merchandise not produced on the premises (except mail order only businesses) shall be incidental and accessory to the merchandise or service produced by the cottage industry and shall not be advertised in any manner.

J. A maximum of one customer vehicle may be parked at, and a maximum of two customers may visit, the site of a cottage industry at any given time.

K. A maximum of one vehicle not larger than 10,000 pounds gross vehicle weight rating, used in conjunction with a cottage industry, may be parked at the cottage industry site.

L. No equipment or process used in the cottage industry shall create noise, vibration, glare, fumes, dust, odors, smoke, electrical interference or other impacts in excess of those customarily generated by single-family residential uses in the neighborhood, nor shall noise exceed the single- and multi-family residential standards in Chapter 3.04 (Performance Standards).

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4.13. dr IVE-tHr ou GH uS ES

4.13.01. Pu rpose and Applicability
The purpose of this Chapter is to establish specific standards for drive-through facilities provided with other commercial uses, including but not limited to restaurants and financial institutions. These development standards shall apply to all drive-through uses in the City.

4.13.02. des ign obj ectives
A drive-through retail facility shall only be permitted if the Director first determines that the design and operation will avoid congestion, excessive pavement, litter, and noise.

4.13.03. L ocation Standards
The drive-through shall not be located along a primary street-facing frontage. If a drive-through facility must be located along a primary street-facing frontage, it shall be designed per Subsection 4.13.04.E. (Additional Design Guidelines).

4.13.04. S tandards
A. D rive-Through Aisle Design.

1. T he entrance/exit of any drive aisle shall be a minimum of 50 feet from an intersection of public rights- of-way (measured at the closest intersecting curbs).

2. T
he drive aisle shall be designed with a minimum 10-foot interior radius at curves and a minimum 10- foot width.

3. T
he drive aisle shall not be located between the property line and front of the building.

B. D rive-Through Stacking Area.

1. A c learly identified area shall be provided for vehicles waiting for drive up or drive-through service that is physically separated from other onsite traffic circulation. The Director may approve alternatives to the requirements of this Subsection where it is determined that the alternate design will, given the characteristics of the site, be equally effective in ensuring on- and off-site pedestrian and vehicular traffic safety and minimizing traffic congestion.

2. T
he stacking area shall accommodate a minimum of five cars for each drive-up or drive-through window in addition to the vehicle receiving service.

3. T
he stacking area shall be located at and before the service window (e.g., pharmacy, teller, etc.).

4. S
eparation of the stacking area from other traffic shall be by concrete curbing or paint striping on at least one side of the lane.

5. S
tacking areas adjacent and parallel to streets or public rights-of-way shall be prohibited.

C. S creening.

The drive-through aisle shall be fully screened from the sidewalk or street with landscaping or walls and berms.

D. P arking.

Parking shall be in compliance with Chapter 3.03 (Parking and Loading).

AGENDA ITEM #10.6
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E. A dditional Design Guidelines.

1. W ell-designed facades, including windows, doors, wall composition, colors, and materials should be used along all street frontages to create interest and pedestrian-oriented facades.

2. T
he drive-through canopy should be integrated with the building architecture through horizontal and vertical architectural features and treated with the same level of detail as the primary facade. a. L
andscaping, including but not limited to landscape berms and sight obscuring trees and vegetation, shall be utilized along the area adjacent to the drive-through portion of the building to provide additional screening of the drive-through functions.
b. D
rive-through canopies shall extend one car length past the drive-through window and three car lengths prior to the drive-through window. This shall also apply when there are dual drive-through lanes.

3. W
alk-up windows should be located near outdoor dining areas or other pedestrian areas to encourage accessibility and limit conflicts between pedestrians and vehicles. Walk-up windows should be emphasized through architectural details and include an awning, roof overhang, or similar protection from the elements.

4. P
edestrian and bicycle routes through the site should be separated from vehicular parking, driveways, and stacking areas. Pedestrian circulation should be accentuated through the use of raised pedestrian crossings, textured and/or colored paving, accent plantings and trees, fencing, trellises, lighting, and/or similar elements.

5. D
ecorative paving should be used at project entries and in pedestrian areas to improve safety and enhance the pedestrian experience.

6. P
arking lots should be extensively landscaped and connected to buildings with well-designed pedestrian paths and paseos.

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4.14. EM E rG E ncY SHELtE rS

4.14.01. Pu rpose and Applicability
The purpose of this Chapter is to establish standards for emergency shelters consistent with Government Code Section 65583(a)(4). Emergency shelters shall conform to all development standards of the zone in which it is located, except as modified by the standards in this Chapter.

4.14.02. S tandards
Emergency shelters shall be located, developed, and operated in compliance with the following standards:

A. L ocation.

Emergency shelters shall be located at least 300 feet from another emergency shelter.

B. N umber of Residents.

No more than 50 clients may be present on the premises at any one time.

C. L ength of Occupancy.

Occupancy by an individual or family may not exceed 60 days. Extensions up to a total stay of 180 days may be provided if no alternative housing is available, upon determination by the Director.

D. C ommon Area.

The shelter shall provide at least 10 square feet per bed of public or communal gathering space, exclusive of hallways.

E. P arking Reduction.

The Director may reduce the number of on-site parking spaces required by Section 3.03.05 (Off-Street Vehicle Parking Requirements) where a shelter is located on a bus route or other evidence is provided to indicate that less parking will be needed. The shelter shall, however, provide at least one space for each staff member who will be on duty when residents are present, and at least one space for residents.

F. O utdoor Activities.

All functions associated with the shelter, except for children's play areas, outdoor recreation areas, and parking, shall take place within the building proposed to house the shelter. There shall be no space for clients to congregate in front of the building, and there shall be no outdoor public telephones.

G. D esignated Smoking Area.

The shelter shall provide a designated smoking area, preferably outside, that is not visible from public rights-of-way.

H. N oise.

The use shall be conducted in conformance with the noise standards set forth for multifamily housing in the noise element of the General Plan.

I. S upervision.

On-site management shall be provided any time that clients are present at the shelter.

J. M anagement and Security Plan.

The operator of the shelter shall submit a management and security plan for approval by the Director. The Plan shall address issues identified by the Director, including emergencies, transportation, client supervision, security, client services, staffing, and good neighbor issues.

AGENDA ITEM #10.6
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4.15. Ho ME occuP AtIonS

4.15.01. Pu rpose and Applicability
The purpose of this Chapter is to establish standards for home occupation uses generally conducted within a dwelling and by its occupants. The use must be clearly incidental to the use of the dwelling and may not change the character of the dwelling or adversely affect the uses allowed in its zone.

4.15.02. S tandards
In addition to standards for the applicable zone, home occupations shall comply with the following standards:

A. A home occupation shall be conducted entirely within a dwelling and shall be incidental to the use of the structure as a dwelling.

B. No more than 400 square feet of the dwelling area shall be used for the home occupation.

C. A home occupation may be conducted in an accessory structure.

D. There shall be no storage of equipment or supplies in an accessory structure or outside the dwelling.

E. There shall be no external alteration of the dwelling in which the home occupation is conducted.

F. The existence of a home occupation shall not be apparent beyond the boundaries of the parcel.

G. No one other than a resident of the dwelling shall be employed in the conduct of a home occupation.

H. Any mechanical, electrical equipment, or stock material which is essential in the conduct of the home occupation shall not generate, emit, or create noise, dust, vibration, odor, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than normally experienced in an average residential neighborhood.

I. The home occupation shall not create any radio or television interference or create noise audible beyond the boundaries of the parcel.

J. Not more than five customers or clients per day shall enter the dwelling for meetings, services, or products and not more than 10 vehicle trips per day shall be created by customers or clients. Customers or clients must park either in the driveway of the dwelling or in front of the dwelling only.

K. It shall be unlawful to park or store any commercial vehicle on property which is zoned for residential use.

One vehicle not to exceed a rated one-ton capacity or less shall be allowed.

L. Delivery of product(s) and/or pickup of supplies or materials shall be made in a noncommercial vehicle by the proprietor or resident help of the home occupation, or by a licensed parcel service.

M. There shall be no use of utilities or community facilities beyond that normal to the use of a residential property.

N. The conduct of any home occupation including, but not limited to the storage of goods and equipment, shall not reduce or inhibit the required off-street parking space(s).

O. No storage or display of materials, goods, supplies, or equipment related to the operation of a home occupation shall be visible from the outside of any structure located on the parcel.

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4.15.03. H ome oc cupation Permit; Issuance;
Modification; and
re
vocation
No home occupation shall be permitted unless the Director certifies that it conforms to the home occupation regulations of this Chapter and application for such permit shall be made pursuant to Section 6.03.03 (Application Forms and Fees, and Reapplications). In addition, all home occupations must obtain a City business license to operate.

A. The Director may fix, in his or her reasonable discretion, a termination date upon a home occupation in order to affect a periodic review thereof. The Director may revoke or modify any permit pursuant upon reasonable proof of a violation of any of the terms or conditions of the permit. If a permit is revoked or modified, no home occupation shall be conducted on the premises until the Director issues a new permit or the terms of any modification are fully met.

B. Nothing in this chapter shall require the Director to issue a home occupation permit to any applicant. If any applicant has had a home occupation permit revoked or suspended pursuant to this code, the Director may deny a home occupation permit to any home occupation operated under the same name, same entity or by the same officers, managers, or individuals responsible for or owning the home occupation for which a permit has been revoked or suspended regardless of any name change, change in management, or conveyance of the home occupation to another person or entity.

4.15.04. A ppeals
A. Any applicant aggrieved by any decision of the Director with respect to the issuance, denial, suspension, modification, or failure to renew a permit under the provisions of this section may appeal the decision pursuant to the procedures in Section 6.03.13 (Appeals).

B. The failure to timely and properly file a request for a hearing under Section 6.03.13 (Appeals), or the failure to appear at a scheduled hearing, shall constitute a waiver of the right to appeal and a failure to exhaust administrative remedies. If appeal is waived for any reason, including as provided under this Subsection, the decision of the Director shall be final.

AGENDA ITEM #10.6
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ADOPTED X.XX.22
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4.16. L IVE/W o rK

4.16.01. Pu rpose and Applicability
The purpose of this Chapter is to establish standards for live/work uses and artists’ lofts/studios, including the reuse of existing nonresidential structures to accommodate live/work opportunities. Live/work units should be primarily commercial in nature.

4.16.02. S tandards
In addition to standards for the applicable zone, live/work uses shall comply with the following standards:

A. P ermitted Work Activity.

The work activity in a building where live/work units are allowed shall be any use permitted by right or use permit in the zone, with the following exceptions:

1. S
exually-oriented businesses, motor vehicle maintenance and repair, and welding and machining and are prohibited in a live/work unit.

2. I
n order to protect the health and safety of persons who reside in a live/work unit or in a building which contains one or more live/work units, no work activity shall be permitted nor shall any live/work unit be established on any site that contains those uses which the Director finds would, by virtue of size, intensity, hours of operation, number of employees or the nature of the operation, have the potential to adversely affect others living or working in or nearby the live-work development by reason of dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product or wastes.

B. N o Separate Sale or Rental of Portions of Unit.

No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living on the premises or as a residential space for a person or persons not working in the same unit.

C. O ccupancy and Employees.

1. A t least one full-time employee of business activity occupying the live/work unit shall also reside in the unit; conversely, at least one of the persons living in the live portion shall work in the work portion.

2. T
he business activity occupying the live/work unit may utilize nonresident employees, as necessary.

D. D esign Standards.

1. F loor Area Requirement.
a. A l
ive/work unit shall have a minimum floor area of at least 1,250 square feet. b. T
he maximum size of the residential portion of the work/live unit shall be 30 percent of the unit or 500 square feet, whichever is less, in order to ensure that the residential portion remains an accessory to the primary commercial use.

2. C
ommercial Activity.
a. G
round-Floor Height. The ground floor of live-work units shall have a minimum floor-to-ceiling height of 13 feet.
b. D
epth. A ground-level live/work unit with street frontage shall devote the initial 25 feet of floor area depth to commercial activity.
c.

T
ransparency. The ground floor of live/work units shall contain clear openings and windows for a minimum of 60% of the total area of the first floor facades facing sidewalks, pedestrian walks, or publicly-accessible outdoor space areas. Transparent glazing shall have a minimum Visible Transmittance (VT) value of 60 and be without tint or coloration. Transparent areas shall be designed and maintained to provide views into and out of the non-residential portion of the live/work unit.

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3. En tries.
a. E
ach live/work unit shall have a pedestrian entry on the street-facing facade that provides direct access to the non-residential portion of the unit. A separate entry for the residential portion of the unit shall be provided through a consolidated/central entrance along the street-facing facade or individual residential entries located at the rear or side of the building. b.

Wh
ere there are multiple live/work units within a single structure, each unit shall be physically separated from other units and uses within the structure, and access to individual units shall be from a common open space, corridor, hallway, or other common access area.

4. V
entilation.

All live/work units shall be provided with at least one operable window. A ventilation system shall be installed subject to the approval of the Chief Building Official and Fire Marshal for any live/work activity which requires additional ventilation or which generates hazardous fumes or dust.

4.16.03. B usiness License req uirement
A request for a live/work unit/business shall be made to the Director through the business license process. The Director shall approve the issuance of a business license upon determining that the proposed live/work unit/ business meets all the requirements of this Chapter.

4.16.04. ch anges in u se
After approval, a live/work unit shall not be converted to entirely residential use unless authorized through an Administrative Use Permit approval.

4.16.05. re vocation
When any live/work unit results in an undesirable condition interfering with the general welfare of the surrounding community, the Director may revoke the business license.

AGENDA ITEM #10.6
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4.17. M A nu FAct urEd/ MoB ILE
Ho
ME PArK

4.17.01. Pu rpose and Applicability
A. The purpose of this Chapter is to establish development standards that enhance the compatibility of mobile and manufactured home parks and associated activities to adjacent zones and ensure protections to abutting properties.

B. Mobile and manufactured home parks shall be subject to Discretionary Planning Review pursuant to Section

6.04.03 (Planning Review). These supplemental development standards apply to development or conversions subsequent to the adoption of this Code and to existing development proposed to be expanded or its operations modified.

4.17.02. S tandards
A. Minimum parcel size shall be 10 acres.

B. Density shall not exceed 10 lots per gross acre.

C. One shade tree per space shall be required.

D. The minimum space size shall be 50 feet in width by 85 feet in length.

E. Interior streets shall be a minimum of 24 feet wide. Rolled curbs are allowed subject to approval by the City Engineer.

F. Decorative block walls shall be required around the perimeter of all manufactured/mobile home parks. The wall height shall be minimum five feet and maximum six feet.

G. A minimum of 25 percent of the parcels shall be maintained as common landscaped open space such as golf courses, tennis courts, and trails. Recreation rooms, playgrounds, laundry rooms, offices, restrooms, or other common structures or buildings are excluded from this open space requirement.

H. A minimum 15 feet setback shall be maintained for recreational vehicles from the exterior property boundary of the park.

I. No structure, accessory building, or storage shed shall exceed the height of the perimeter wall within 5 feet of the property line abutting a public street.

J. No more than 75 percent of any mobile home lot shall be covered by mobile homes or accessory structures.

K. Parking shall be provided in accordance with Chapter 3.03 (Parking and Loading).

L. All utility lines shall be placed underground.

M. All mobile homes shall be skirted within 60 days of installation or shall be recessed into the ground.

N. Solid waste and recycling enclosures shall be required.

O. Recreational amenities shall be provided appropriate to the size and scale of the project and shall be reviewed and approved as part of the design review process.

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4.17.03. M anufactured Homes in Single-Family Zones
A. Manufactured homes are allowed in certain single-family zones and are subject to the same development standards to which a conventional single-family residential dwelling on the same lot would be subject, including building setback standards, side, and rear yard requirements, standards for enclosures, access and vehicle parking, aesthetic requirements, and minimum square footage requirements.

B. Any architectural requirements imposed on the structure itself shall be limited to its roof overhang, roofing material, and siding material. Any manufactured home in the DE-1, DET-3, SN-4, SN-8, CN-14, and CN-20 zones shall be secured to a permanent foundation.

AGENDA ITEM #10.6
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4.18. M ASSAGE ES tA BLISHMEn t
(StA
nd-
ALo
nE
)

4.18.01. Pu rpose and Applicability
The purpose of this Chapter is to establish specific standards for massage establishments (stand-alone) provided with other commercial uses. The development standards of this Chapter shall apply to all massage establishments (stand-alone) in the city.

4.18.02. L ocation Standards
All new stand-alone massage establishments shall be located consistent with the following standards:

A. Located a minimum of 1,000 feet from another stand-alone massage establishment.

B. Located a minimum of 400 feet from:

1. S
chools;

2. P
arks and recreation facilities;

3. C
ommunity centers;

4. L
ibraries;

5. Y
outh organizations; and

6. C
hild Day Care in a Home (Small or Large), Day Care Centers, or any parcel zoned for residential use.

4.18.03. S tandards
A. The hours of operation shall be limited to the period between 6:00 a.m. and 10:00 p.m., unless further limited by the City Council on a case-by-case basis.

B. Operation of massage establishments shall be limited from 7:00 a.m. to 7:00 p.m., daily.

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4.19. M I nI -St orA GE WArE H ouS In G
or
FAcIL
ItY

4.19.01. Pu rpose and Applicability
The purpose of this Chapter is to establish standards to enhance the compatibility of mini-storage warehousing or facilities, including affiliated recreational vehicle (RV) storage, with other commercial and industrial uses in the same zone and to minimize the impact of these uses on nearby properties. The development standards of this Chapter shall apply to all mini-storage warehousing or facilities in the city.

4.19.02. S tandards
A. No more than one manager’s security residence shall be permitted.

B. All storage shall be within an enclosed building except for the storage of RVs, which shall be completely screened from view from surrounding properties and abutting streets.

C. A minimum 50 percent of the lot frontage of mini-storage warehousing or facility developments must b
e
occupied by general retail or office uses on the ground floor (per Article 2 (Zone Regulations)).

These ground floor activities shall not be directly associated with the

mini-storage warehousing or
facility

established at the site. All mini-storage buildings and RV storage shall be located behind the fronting general retail or office uses.

D. The following activities are prohibited on or from the premises of a mini-storage warehouse or facility:

1. T
he conduct of a business (other than the mini-storage business itself, required fronting retail or office uses, and permitted accessory uses);

2. T
he retail sale of stored items;

3. T
he commercial repair of motor vehicles, boats, trailers and other like vehicles;

4. T
he operation of spray-painting equipment, power tools, welding equipment, or other similar equipment; and

5. T
he production, fabrication, or assembly of products.

E. The rental of single unit trucks and small utility trailers shall be permitted as an accessory use to a mini- storage warehouse or facility, provided the business is conducted out of the same office as that of the mini- storage warehouse or facility. No trucks or trailers shall be displayed in public view, and the combined total of all trucks and trailers stored on site shall not exceed a ratio of two trucks or trailers for each 100 storage units.

F. Truck and trailer storage shall be screened from streets and adjacent properties.

G. When adjacent to a residential use, the exterior wall of the mini-storage shall be constructed of decorative block and subject to the standards in Chapter 3.01.10 (Fences, Walls, and Screening).

AGENDA ITEM #10.6
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4.20. o utdoor S torA GE

4.20.01. Pu rpose and Applicability
The purpose of this Chapter is to establish specific standards for outdoor storage to ensure that such developments do not have negative impacts on the area they are located in. The development standards of this Chapter shall apply to all outdoor storage uses in the city.

4.20.02. S tandards
Storage of goods, materials, machines, equipment, and inoperable vehicles or parts outside of a building for more than 72 hours shall conform to the standards listed below. The regulations of this Chapter do not apply to temporary storage of construction materials reasonably required for construction work on the premises pursuant to a valid building permit, the parking or overnight storage of vehicles associated with the primary use (e.g., delivery truck), or the parking and storage of RVs or trailers.

A. P ermissibility of Outdoor Storage.

1. Mi xed-Use Districts. Not permitted (All storage must be within an enclosed building).

2. N
on-Residential Districts. Permitted as a primary and accessory use outside of required yards, parking and circulation areas, and required landscaped areas per Article 2 (Zone Regulations).

3. P
ublic and Institutional Districts. Permitted as an accessory use outside of required front and street side yards, parking and circulation areas, and required landscaped areas per Article 2 (Zone Regulations).

B. S tandards for Outdoor Storage.

1. L ocation. Outdoor storage may not be located within any required front or street side yard for the applicable zoning district within which the activity is located.

2. H
eight and Screening Limitation.
a. O
utdoor storage areas shall be screened from view and, where possible, located behind the primary buildings on the site from:
i. A
ny public street or freeway;
ii. A
n existing or planned residential area; or
iii. A p
ublicly-accessible open space area.
b. S
creening walls and fences shall comply with the standards established in Section 3.01.10 (Fences, Walls, and Screening).

3. P
arking. Parking for permanent outdoor storage shall be provided as required in Chapter 3.03 (Parking and Loading).

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4.21. P AW nS H oPS

4.21.01. Pu rpose and Applicability
The purpose of this Chapter is to establish specific standards for pawnshops which purchase and sell secondhand tangible personal property incidental to their primary business (such as a jewelry store which purchases gold/ jewelry) to ensure that such businesses are appropriately located and operated so as to not pose a significant threat to the public health, safety, and welfare by curtailing the dissemination of stolen property and facilitating the recovery of stolen property. The development standards of this Chapter shall apply to all Pawnshops in the city.

4.21.02. L ocation Standards
All new pawnshops shall be located consistent with the following standards:

A. Located a minimum of 1,000 feet from another pawnshop.

B. Located a minimum of 500 feet from all of the following uses:

1. S
chools;

2. P
arks and recreation facilities;

3. C
ommunity centers;

4. L
ibraries; or

5. Y
outh organizations.

4.21.03. S tandards
A. Operation of pawnshops shall be limited from 7:00 a.m. to 7:00 p.m. daily.

AGENDA ITEM #10.6
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4.22. rEc rE AtIonA L VEHIcL E (rV )
PA
rKS

4.22.01. Pu rpose and Applicability
The purpose of this Chapter is to establish standards that enhance the compatibility of recreational vehicle (RV) parks and their associated activities to adjacent zones and afford protection to abutting residential property.

4.22.02. S tandards
A. An RV park established prior to, and continually operated since the Effective Date of this Code, shall be allowed in any zones in which it currently operates, subject to the following standards:

1. A re
creational vehicle park may expand or modify its size or number of allowed spaces, as existed on the Effective Date of this Code, only upon approval of a Conditional Use Permit. A Conditional Use Permit may include conditions relating to the conduct of special events.

2. A
n RV park shall comply with all applicable State laws and City ordinances regulating the operation and design of RV and travel trailer parks, except for the standards set forth in Subsection B below.

B. RV parks established after the Effective Date of this Code, shall be allowed as stipulated in Article 2 (Zone Regulations) and shall be subject to Planning Commission Planning Review pursuant to Section 6.04.03 (Planning Review).

C. The following standards supplement the development standards for the applicable zones, per Article 2 (Zone Regulations). These supplemental development standards shall only apply to development or conversions subsequent to the Effective Date of this Code.

1. M
inimum parcel size shall be 10 acres.

2. D
ensity shall not exceed 12 spaces per gross acre.

3. A m
inimum 15-foot setback shall be maintained for recreational vehicles from the exterior property boundary of the park.

4. O
ne shade tree per space shall be required.

5. T
he minimum space size shall be 30 feet in width by 65 feet in length.

6. “
Park Models” and other permanent or semi-permanent residential units shall be prohibited, except that one permanent residential structure may be allowed as a caretaker’s residence.

7. I
nterior streets shall be a minimum of 24 feet wide. Rolled curbs may be allowed subject to approval by the City Engineer.

8. D
ecorative block walls shall be required around the perimeter of all RV parks. The wall height shall be minimum five feet and maximum six feet.

9. A
ll of the spaces shall be installed with sewer, water, and electricity.

10. A m
inimum of 25 percent of the parcel shall be maintained as common landscaped and recreational open space such as golf courses, tennis courts, and trails, but not to include recreation rooms, laundry rooms, offices, restrooms, or other common structures or buildings.

11. E
ach space shall be improved with concrete or other acceptable hard surface.

12. E
nclosures for solid waste and recycling bins are required.

4.22.03. re vocation
A permit issued by the Director under this Chapter may be revoked if it is determined that the RV or travel traveler park is in violation of this Chapter. The operator shall be given 72 hours to correct violations or cease operation.

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4.23. rE SALE/ c onS IGnM En t/
tHrI
Ft S
H
oPS

4.23.01. Pu rpose and Applicability
The purpose of this Chapter is to establish specific standards for resale, consignment, and/or thrift shops which purchase and sell secondhand tangible personal property incidental to their primary business and to ensure that such businesses are appropriately located and operated so as to not pose a significant threat to the public health, safety, and welfare. The development standards of this Chapter shall apply to all resale/consignment/thrift shops in the city.

4.23.02. L ocation Standards
All new resale/consignment/thrift shops shall be located consistent with the following standards:

A. Located a minimum of 1,000 feet from another resale/consignment/thrift shop.

4.23.03. S tandards
In addition to the development standards of the underlying zone, the following standards apply to resale/ consignment/thrift shops:

A. Enclosed Activities. All activities shall be completely enclosed within the building for the use.

B. Collection/Receiving Area. A dedicated collection area shall be established separate from the main patron entrance and may be located on the front, side, or rear of the building. If the collection area is located in the front of the building, the bulk donation area shall be shielded from public view. Adequate directional signage shall be provided from the main entrance to the use to direct individuals to the collection area. The collection area shall be noticed to prohibit depositing goods when the store is closed.

C. Hours. Operation of resale/consignment/thrift shops shall be limited from 7:00 a.m. to 7:00 p.m., daily.

D. Litter. Management shall be responsible for the removal of litter from adjacent property and streets that results from the resale/consignment/thrift shop (with adjacent property owner consent).

AGENDA ITEM #10.6
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4.24. S M o KE SHo PS

4.24.01. Pu rpose and Applicability
The purpose of this Chapter is to establish specific standards for smoke shops, to ensure that smoke shops are appropriately located and operated so as not to pose a significant threat to the public health, safety, and welfare, and to limit potential adverse impacts on sensitive uses located in surrounding neighborhoods.

4.24.02. L ocation Standards
All new smoke shops shall be located consistent with the following standards:

A. Located a minimum of 1,000 feet from another smoke shop.

B. Located a minimum of 500 feet from all of the following uses:

1. S
chools;

2. P
arks and recreation facilities;

3. C
ommunity centers;

4. L
ibraries;

5. Y
outh organizations; and

6. C
hild Day Care in a Home (Small or Large), or Day Care Centers.

C. Located a minimum of 250 feet from any business involving an on-premises sale of liquor or alcoholic beverages, excluding restaurants and grocery stores/supermarkets.

D. Located a minimum of 100 feet (250 feet if separated by a major street or arterial) from any residential zones.

4.24.03. S tandards
In addition to any conditions imposed by the Review Authority, retail sales of tobacco and smoking products that require a Conditional Use Permit shall comply with the following development standards:

A. Smoke shops shall comply with all applicable local, State, and Federal laws regarding the advertising, display, or sales of tobacco and smoking products.

B. Only store employees shall have immediate access to the tobacco products, smoking products and tobacco/ smoking paraphernalia. It is unlawful for any person, business, or smoke shop to sell, permit to be sold, offer for sale or display for sale any tobacco product or smoking product by means of Self-Service Display or by means other than vendor-assisted sales.

C. Smoke shops shall not sell or transfer a tobacco product, smoking product, or tobacco/smoking paraphernalia to another person who appears to be under the age of 27 years, without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under State law to purchase and possess the tobacco product, smoking product, or tobacco/smoking paraphernalia.

D. Smoke shops shall not permit any person who is younger than the minimum age established by State law for the purchase or possession of tobacco products to engage or participate in the sale of tobacco products or tobacco/smoking paraphernalia.

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E. No person, business, smoke shop, or other establishment shall sell or offer for sale cigarettes or other tobacco or smoking products not in the original packaging provided by the manufacturer and with all required health warnings.

F. No permit may be issued to authorize tobacco retailing at a location that is licensed under State law to serve alcoholic beverages for consumption on the premises (e.g., an “on sale” license issued by the California Department of Alcoholic Beverage Control), and no license may be issued to authorize tobacco retailing at any location offering food for sale for consumption by guests on the premises.

G. Litter and trash receptacles shall be conveniently located inside and outside the establishment, and trash and debris shall be removed from the receptacles on a daily basis.

H. The exterior of the establishment, including all signs, accessory buildings and structures, shall be maintained free of litter and graffiti at all times. Graffiti shall be removed within 24 hours of written notice from the City.

I. Loitering in the public right-of-way, parking area, and in front of the property and adjacent properties shall be prohibited.

J. The establishment shall conspicuously post the following interior sign stating:

“We ID everyone under 27 years of age for tobacco sales.”

The dimensions of this sign shall be at least eight inches by 11 inches. If the predominant language of the establishment’s clientele is not English, then a sign shall also be posted in that language.

4.24.04. tr aining req uirements
A. Each person who sells tobacco or smoking products or tobacco/smoking paraphernalia shall successfully complete a responsible tobacco retailing training. The program shall be completed within 60 days of assuming the position that involves sale of tobacco or smoking products and/or tobacco/smoking paraphernalia and shall be periodically completed again not less than once every three years.

B. Records of successful completion of responsible tobacco retailing training shall be maintained on the premises and shall be presented to City and Riverside County Sheriff’s Department representatives upon request.

4.24.05. E xisting to bacco/Smoking Product re tailers
Any smoke shop legally established prior to the Effective Date of this Code shall not be required to obtain a Conditional Use Permit and shall not be considered a legal non-conforming use subject to abatement, unless a modification of the approval for the use is sought and the modification is not considered minor subject to Section

6.03.16 (Modifications of Approved Plans). Any existing smoke shop that has been discontinued for a period of 180 days or more shall require a Conditional Use Permit, prior to reestablishing retailing of tobacco/smoking products.

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4.25. tAt too / BodY Ar t/ PIEr cI nG
EStA
BLISHMEn
tS

4.25.01. Pu rpose and Applicability
The purpose of this Chapter is to establish development standards for the siting and operation of tattoo/body art/piercing establishments so as not to pose a significant threat to the public health, safety, and welfare, and to limit potential adverse impacts on sensitive uses located in surrounding neighborhoods. The standards of this Chapter shall apply to all tattoo/ body art/piercing establishments.

4.25.02. L ocation Standards
All new tattoo/body art/piercing establishments shall be located consistent with the following standards:

A. All new tattoo/body art/piercing establishments shall be located a minimum of 1,000 feet from another tattoo/body art/piercing establishment.

B. Located a minimum of 500 feet from all of the following uses:

1. A
dult-oriented business;

2. S
chools;

3. P
arks and recreation facilities;

4. C
ommunity centers;

5. L
ibraries;

6. Y
outh organizations; and

7. C
hild Day Care in a Home (Small or Large), or Day Care Centers.

C. Located a minimum of 250 feet from any business involving an on-premises sale of liquor or alcoholic beverages, excluding restaurants and grocery stores/supermarkets.

D. Located a minimum of 100 feet (250 feet if separated by a major street or arterial) from any residential zones.

4.25.03. de velopment Standards
In addition to any conditions imposed by the Review Authority, tattoo/body art/piercing establishments shall comply with the following development standards:

A. The hours of operation shall be no earlier than 8:00 a.m. and no later than 10:00 p.m., daily.

B. The owner of an establishment shall obtain a Health Permit through the Riverside County Department of Public Health (DPH) to operate the facility in a safe and clean manner, maintain written procedures for the operation of the facility, and maintain records of training and equipment sterilization.

C. All practitioners shall annually register with the Riverside County Department of Public Health, obtain annual blood-borne pathogen training, provide documentation of Hepatitis B vaccination status, obtain specific health information from clients, and obtain “informed consent” from clients, as required by the Department of Public Health.

D. Records of successful completion of registration and annual renewals of Riverside County Department of Public Health permits for the owner of the establishment and any person providing services in the establishment shall be maintained on the premises and shall be presented to City employees and Riverside

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County Department of Public Health, Environmental Health Division inspectors on demand. An electronic copy of such records shall be provided on an annual basis to the Planning Division.

E. No tattoo, body art, or body piercing shall be performed without first obtaining “Informed Consent” from a client, as required by the DPH.

F. No establishment shall provide services to any person who is younger than the minimum age established by State law.

G. Amplified sound and loud music shall not be heard outside of the premises; the establishment shall contain all activities within the establishment.

H. Litter and trash receptacles shall be conveniently located inside and outside the establishment, and trash and debris shall be removed from the receptacles on a daily basis.

I. The exterior of the establishment, including all signs, accessory buildings and structures, shall be maintained free of litter and graffiti at all times. Graffiti shall be removed within 24 hours of written notice from the City.

J. Loitering in the public right-of-way, parking area, and in front of the property and adjacent properties shall be prohibited.

K. The establishment shall conspicuously post the following interior sign stating:

“We ID everyone under 27 years of age for any request for our services.”

The dimensions of such sign shall be at least eight inches by 11 inches. If the predominant language of the establishment’s clientele is not English, then a sign shall also be posted in that language.

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4.26. tE LE c oM Mu nI c AtI onS /
WIrE
LESS FAcI
LItI
ES

4.26.01. Pu rpose and Applicability
A. Pu rpose.

The purpose of this Chapter is to regulate the location, height, appearance, and placement of large commercial antennas and other wireless communications facilities.

These regulations are designed to protect and promote
the public health, safety, welfare, and aesthetic quality of the city.

B. A pplicability.

This Chapter establishes standards to regulate the design and placement of towers, antennas, and other wireless communication transmission and/or reception facilities (hereinafter called wireless communication facilities) on public and private property, including facilities within the public right-of-way, to minimize the potential safety and aesthetic impacts on neighboring property owners and the community, and to comply with applicable State and Federal laws, including the Federal Telecommunications Act of 1996.

1. S
mall Wireless Facilities. Section 4.26.03 (Small Wireless Communication Facilities) applies to small wireless facilities.

2. L
arge Wireless Facilities. All other Sections of this Chapter, with the exception of Section 4.26.03 (Small Wireless Communication Facilities), apply to large commercial antennas. a. E
xisting Facilities. All large commercial antennas for which applications were approved and/ or building permits issued prior to the adoption date of this Section shall not be subject to the application of these regulations and guidelines contained in this Chapter, unless an alteration or intensification of use is requested, in which case the provisions of this Section shall apply. b.

P
roposed Facilities. All large commercial antennas for which applications were received by the Community Development Department but not approved prior to the Effective Date shall be subject to the provisions of this Section.

C. To fulfill its purposes, this Chapter is intended to:

1. E
stablish review and approval requirements, application submittal requirements, and development standards to regulate the design and placement of wireless communication facilities so as to preserve the visual character of the city and to ensure public health and safety, consistent with federal law and Federal Communications Commission (FCC) regulations.

2. A
cknowledge the community benefit associated with the provision of wireless communication services within the city.

3. E
ncourage the joint use of new and existing ground mounted facility monopole/tower sites as a primary option rather than construction of additional single-use towers.

4. A
llow the Director to make certain determinations under the provisions of this Section.

4.26.02. S mall Wireless Facilities
A. Except as provided elsewhere in this Chapter, all small wireless facilities as defined by the FCC in 47 C.F.R. §

1.6002(l), as may be amended or superseded, are subject to a permit as specified in the Indio City Council's "Policies, Procedures, Standards and Limitations for Submittal and Review of Small Wireless Facilities Within the Public Right-Of-Way pursuant to Indio Municipal Code Section 4.26.03" ("Policy"), as adopted and amended from time to time by City Council resolution, and all small wireless facilities shall comply with such Policy. If the City Council Policy is repealed, an application for a small wireless facility shall be processed pursuant to Section 4.26.03 (Small Wireless Communication Facilities).

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B. W aiver Request.

A waiver from the strict locational or physical requirements of the Policy may be granted by the Director, in his or her discretion, if the applicant can show, by substantial evidence, any of the following:

1. T
hat compliance with a particular requirement is technologically infeasible, would result in an unreasonable interference with signal quality, or would result in an effective prohibition. The applicant will be required to prove that there are no feasible alternatives to the waiver request. A waiver request may be subject to peer review conducted by a qualified Radio Frequency (RF) engineering consultant selected by the City and paid for by the project applicant.

2. B
ecause of special, unique circumstances applicable to the proposed location and/or the proposed small wireless facility, the strict application of the requirements of the Section would deprive the applicant of privileges enjoyed by other permittees in the vicinity operating a similar small wireless facility.

3. D
enial of the small wireless facility as proposed would violate Federal law, State law, or both.

4. A p
rovision of the Policy, as applied to applicant, would deprive applicant of its rights under Federal law, State law, or both.

C. A waiver may be granted subject to such conditions or other requirements that will meet the purposes and intent of this Section and the Policy.

4.26.03. L arge co mmercial Antennas
Any monopole, single antenna, or group of antennas attached to a monopole support structure and mounted on the ground or to a building shall be subject to the following:

A. P ermitted Locations.

A large commercial antenna may be permitted in certain zones as specified in Article 2 (Zone Regulations), and in the public right-of-way.

B. P ermit Required.

1. A l arge commercial antenna designed as a “monopalm” or any other stealth facility (i.e., water tower, windmill, weather vane) not exceeding 70 feet in height and fully complying with all of the development standards as contained in Section 4.26.08, and located in any of the permitted zones may be approved pursuant to an Administrative Use Permit pursuant to Section 6.04.04 (Use Permits).

2. A l
arge commercial antenna designed as a “monopalm” or any other stealth facility that exceeds 70 feet shall be subject to the approval of and compliance with a Conditional Use Permit (Section 6.04.04 (Use Permits).

3. A l
arge commercial antenna not exceeding 35 feet in height, designed as and substantially in compliance with the City's Engineering Standards for utility poles, and fully complying with all of the development standards as contained in Section 4.26.08, may be located in the public right-of-way subject to an Administrative Use Permit pursuant to Section 6.04.04 (Use Permits). The Director must also determine, based on an analysis by an independent, qualified consultant, that the antenna's location in the City's public right-of-way is necessary to close a significant gap in coverage and is the least intrusive means of doing so.

The cost of this analysis shall be paid for by the applicant.

4. A l
arge commercial antenna designed as a “monopalm” or any other stealth facility that is to be placed on vacant property or property used for agricultural uses regardless of size shall be subject to the approval of and compliance with a Conditional Use Permit subject to Section 6.04.04 (Use Permits). a.

T
he applicant shall submit an analysis of the location of the commercial antenna as it relates to the development of the site.
b. T
he applicant shall submit a letter from the telecommunications carrier that the site is the proper location for the commercial development.

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C. E ligible Facilities Request (EFR).

1. E FRs, collocation of new transmission equipment, removal of transmission equipment, or the replacement of transmission equipment may be approved by the Director through an Administrative Use Permit (refer to Section 6.04.04 (Use Permits)) provided the modification of an existing tower or base station does not substantially change the physical dimensions of such tower or base station.

2. I
n addition to compliance with the requirements of this Chapter, all EFRs shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the Director:
a.

A
ny permit granted in response to an application qualifying as an EFR shall be subject to the terms and conditions of the underlying permit.
b. T
he City’s grant or grant by operation of law of an EFR request permit constitutes a federally- mandated modification to the underlying permit or approval for the subject tower or base station.

Notwithstanding any permit duration established in another permit condition, the City’s grant or grant by operation of law of an EFR permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.

4.26.04. req uired Findings
A. G eneral Findings.

In approving any large commercial antenna facility except for a collocation facility request or an EFR, the Director shall make the following findings:

1. T
he proposed use conforms with the specific purposes of this Chapter and any special standards applicable to the proposed facility;

2. T
he applicant has made good faith and reasonable efforts to locate the proposed facility on a support structure other than a new ground-mounted antenna, or monopole or to accomplish collocation;

3. T
he proposed site results in fewer or less severe environmental impacts than any feasible alternative site; and

4. T
he proposed facility uses a stealth design.

B. A dditional Findings for a Large Commercial Antenna.

To approve a large commercial antenna facility, the Director shall find that a small wireless communication facility is not feasible because of technical, aesthetic, or legal considerations including that such siting:

1. W
ould have more significant adverse effects on views or other environmental considerations;

2. Is n
ot permitted by the property owner;

3. W
ould impair the quality of service to the existing facility; or

4. W
ould require existing facilities at the same location to go off-line for a significant period of time.

C. F indings for Collocation Facilities Requests.

The proposed collocation facility meets the requirements of Section 4.26.02.A.

D. F indings for Eligible Facilities Requests.

1. T he proposed collocation or modification meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. 1.6100(b)(3)-(9), or any successor provisions, after application of the definitions in 47 C.F.R. 1.6100(b). The Director shall make an express finding for each criterion.

2. T
he proposed facility complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. 1.6100(b)(7)(i) through (iv), or any successor provisions.

3. T
he proposed facility will comply with all generally applicable laws.

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E. A dditional Findings for Setback Reductions.

The Director shall make one or more of the following findings, except for a collocation facility request or an EFR:

1. T
he facility will be collocated onto or clustered with an existing, legally established telecommunications/ wireless facility; and/or

2. T
he reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.

F. A dditional Findings for Any Other Exception to Standards.

The Planning Commission may waive or modify requirements of this Section upon finding that strict compliance would result in noncompliance with applicable Federal or State law. Requirements may be waived or modified only to the minimum extent required to avoid the noncompliance. An applicant seeking an exception must provide all supporting evidence for the request at the time of application submittal.

4.26.05. L arge co mmercial Antenna Applications
An application for approval of a large commercial antenna shall include the following in addition to submittal requirements found in the Community Development Department application packet:

A. Site Plans.

A site plan shall be prepared and drawn to scale showing the site boundary; all existing and proposed structures; vehicular parking and access; existing landscaping to be retained, removed, or replaced; land use and zoning designations on the site; and abutting parcels.

B. E levations.

Elevations drawn to scale showing all sides of any proposed building(s) and structures.

C. L andscape Plans.

A landscape plan shall be prepared and drawn to scale showing proposed landscaping, including species types, size, spacing, and other features.

D. G raphics.

A visual impact analysis including a photo simulation, field mockup, or other pictorial representation identifying the potential visual impacts of the site location of existing and proposed large commercial antenna.

E. S iting of Antennas.

Information demonstrating that the applicant's proposed large commercial antenna complies with the City's location guidelines and development standards, and that the proposed site best achieves the City's standards over other available sites.

F. F CC and State Authorization.

Documentation from the applicant that the proposed large commercial antenna meets all of the requirements of the various federal and state regulatory agencies.

G. F ederal Avaiation Administration (FAA) Authorization.

Proof that the location and design of the proposed large commercial antenna is approved by the FAA or local airport authority, if such approval is required.

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4.26.06. de velopment Standards for Large
co
mmercial Antennas
A. He ight.

The maximum height for large commercial antennas mounted on a monopole or a lattice tower shall not exceed 70 feet above grade.

Additional height may be approved by the Planning Commission provided that technical data justifies the need for greater height in order to close a significant gap in coverage and the additional height is the least intrusive means of doing so.

B. S etback of Monopole Support Structure.

A large commercial antenna consisting of a monopole design shall be located at least 100 feet from any residentially zoned property.

A monopole design support structure shall comply with all setbacks according to the zone it is located in.

C. Design Guidelines.

Because palm trees are plentiful throughout the city, a suggested screening method for a monopole antenna or large commercial antenna may be a “monopalm.”

1. A “
monopalm” designed large commercial antenna may include a cluster of at least three “Washingtonia robusta” (Mexican Fan Palm) or “Phoenix dactylifera” (Date Palm) to enhance the camouflaged antenna.

Palms may have a height that is within 20 feet of the height of the “monopalm” and at varying heights planted around the “monopalm” at the time of installation. Existing landscaping material may be considered in order to screen the “monopalm.”

2. T
he monopole itself shall be textured in such a way to appear as the trunk of a palm tree.

Manufactured
palm fronds shall adequately camouflage the panel antennas from view from adjacent properties and public streets. Other screening methods may be utilized.

3. A
ll large commercial antennas shall be a “stealth facility,” except where completely screened from view to the public right-of-way and/or adjacent properties.

Other stealth facilities may be utilized such as
water towers, windmills, weather vanes, etc.

4. M
onopoles representing religious, cultural, commercial or other symbols, signs, or statuary shall be prohibited.

5. I
f a large commercial antenna is permitted within the public right-of-way, it shall be designed as and substantially comply with the City's Engineering Standards for a street light, to the satisfaction of the City Engineer.

The City Engineer may authorize a design that substantially complies with the standards of other utility poles if he or she determines that a street light is inappropriate for the location.

D. L ighting.

Large commercial antenna lighting is prohibited, except as may be required by the Federal Aviation Administration.

E. Si gnage.

Large commercial antennas shall not bear any signs or advertising devices other than those required by Federal regulations or other applicable law.

F. C o-Location or Co-siting of Large Commercial Antennas.

In order to encourage co-location or co- siting of large commercial antennas and maximize community aesthetics, applicants for Administrative Conditional Use Permits may request authorization, at the time of original application submittal, for subsequent applicants to be co-located on or co-sited around the same facility.

Should such request, specifying the number of subsequent users, be authorized by the Director at the time of Administrative Conditional Use Permit approval, such subsequent requests for authorization may be processed by staff administratively, provided all other code requirements and conditions of approval are adhered to.

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G. A ccessory Buildings.

Accessory buildings supporting large commercial antennas shall not exceed 600 square feet of gross floor area and a height of 12 feet and shall not be used for offices or material storage.

All accessory structures or buildings
shall comply with the minimum required setbacks in the zone that the facility will be located in.

H. A ccessory Buildings Material and Colors.

The use of materials and colors for accessory structures/buildings or cabinets shall be designed to blend with the exterior of existing structures within the area.

I. L andscaping and Fencing.

Landscaping shall be utilized around accessory structures/ buildings or cabinets to further screen the building or cabinets.

Chain link fencing shall be prohibited where visible from any public right-of-way.

A decorative
block wall shall be required where visible from any public right-of-way for the purpose of enclosing accessory structures/buildings, cabinets, or equipment.

J. R oof Mounted Antennas.

Roof mounted antennas shall be screened from view from adjacent properties and public rights-of-way. The s
creening may include parapets, walls, or similar architectural elements such as towers, provided that they are colored and texturized to integrate with the existing architecture of the building.

K. B uilding Mounted Antennas.

When located on a building facade, building mounted antennas shall be of a color and texture to match the existing building.

L. U tilities.

All utilities associated with large commercial antennas shall be placed underground.

M. A ccess Roads.

Access roads shall be limited to 12 feet in width except where the Fire Department requires a greater width. The a
ccess road shall be paved to the satisfaction of the City Engineer.

N. B uilding Code Compliance.

Large commercial antennas, including but not limited to antennas, support structures, equipment enclosures, equipment structures, and related structures and equipment shall be designed, constructed, and maintained in accordance with the uniform building, mechanical, electrical, and other applicable codes, laws, and regulations, as enforced by the Engineering and Building Services Department, to assure that all such facilities will maintain their structural integrity despite the effects of the elements.

O. I nterference Problems.

Interference is governed by the rules and regulations promulgated by the FCC. All large and small commercial a
ntennas that are subject to such rules and regulations shall abide by and be in compliance with applicable FCC rules and regulations.

P. Ri ght-of-Way Authority.

Only applicants authorized to enter the public right-of-way pursuant to State or Federal law or a franchise or other agreement with the City shall be eligible for a permit to install or modify a large commercial antenna in the public right-of-way.

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4.26.07. re moval and Abandonment of co mmercial
Antennas
A. Any large commercial antenna carrier who intends to abandon or discontinue use of a commercial antenna shall notify the City by certified mail no less than 30 days prior to such action.

The large commercial antenna carrier
or owner of the affected real property shall have 90 days from the date of abandonment or discontinuance, or a reasonable time as may be approved by the Director, to dismantle and remove the commercial antenna.

In the
case of multiple carriers sharing use of a single tower, this provision shall not become effective until all carriers cease operation.

The subject Conditional Use Permit shall become null and void.

B. Any large commercial antenna that is not in operation for a continuous period of 180 days shall be considered abandoned. Upon a finding of abandonment, the City shall provide notice to the large commercial antenna carrier last known to use such facility and, if applicable, the owner of the affected real property, providing 30 days from the date of the notice to dismantle and remove the large commercial antenna.

The subject Conditional Use Permit shall become null and void. This Section may not be applicable for an application to reuse an abandoned large commercial antenna provided that it complies with all development standards of this Chapter.

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4.27. tE MP orArY uS ES

4.27.01. Pu rpose and Applicability
The purpose of this Chapter to regulate certain land uses that are intended for a limited duration of time and to ensure they do not pose a significant threat to the public health, safety, and welfare. The intent is to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residents and landowners, and to minimize adverse effects on surrounding properties and the environment.

4.27.02. te mporary u ses no t re quiring a te mporary
u
se Permit
The following types of temporary uses may be conducted without a Temporary Use Permit. Other permits, such as a Building Permit, may be required.

A. G arage Sales.

1. G arage sales of personal property may be conducted by a resident of the premises subject to the requirements for a Garage Sale Permit as regulated by Chapter 122 (Garage Sale Permits) of the Indio Municipal Code.

B. I ndoor Entertainment.

1. I ndoor amplified music performances accessory to a commercial use is allowed per Article 2 (Zone Regulations) and provided the temporary use complies with the Performance Standards of Chapter 3.04 (Performance Standards).

C. S easonal Sales.

1. E xamples of seasonal sales include Christmas tree lots, pumpkin patches, etc.

2. B
uilding Official approval for all temporary electrical service is required prior to establishing the seasonal sale.

3. S
easonal sales associated with holidays are allowed up to a month preceding and one week following the holiday. Christmas tree sales are allowed from Thanksgiving Day through December 31st.

4. A
ll items for sale, as well as signs and temporary structures, shall be removed within 10 days after the end of sales, and the appearance of the site shall be returned to its original state.

5. T
he provisions of this Section do not apply to the sale and display of fireworks. Refer to Chapter 101 (Safe and Sane Fireworks) of the Indio Municipal Code.

D. T emporary Buildings or Storage Facilities (Accessory).

This section applies to storage containers or other temporary buildings for the temporary storage of goods.

1. A
n application shall be made no less than 15 days prior to the date of commencement of the proposed use.

2. B
uilding Official approval is required.

3. T
he use shall be discontinued upon completion of the project.

E. T emporary Real Estate Sales Office.

The structure shall comply with all standards for temporary buildings or storage facilities in this Code and the Building Code, in addition to the following standard:

1. N
o more than one temporary real estate office may be located on any new subdivision in any zone.

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2. T he temporary real estate office to be erected is only for use in the sale of homes or parcels within the subdivision in which it is located.

3. T
emporary real estate sales offices may be conducted by a resident of the premises subject to the requirements for a Model Home Sales Complex Permit as regulated by Section 151.190 (Model Home Sales Complex Permit Established) of the Indio Municipal Code and subsequent Sections.

F. V ehicle Washing and Detailing.

1. A uto and vehicle washing and detailing shall be sponsored by a non-profit organization.

2. T
he duration of use shall not exceed two days.

3. T
here shall be a minimum of 30 days between events.

4. N
o more than one sign shall be allowed on the parcel and the sign shall not exceed six square feet.

5. A
ll water run-off shall be maintained on the parcel.

4.27.03. te mporary u ses re quiring a te mporary u se
Permit
A. A Temporary Use Permit (see Section 6.04.05 (Temporary Use Permit)) shall be required prior to establishing, commencing, or engaging in any of the temporary uses specified in Section 4.27.04 (Allowed Temporary Uses and Associated Standards) and Article 2 (Zone Regulations).

B. A Temporary Use Permit provides a process for administrative review for short-term activities that may not meet normal development or use standards of the applicable zone but may be acceptable because of their temporary nature. Additional or more stringent requirements may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.

C. In addition to any other conditions imposed by the Director for the temporary use, the standards for height, off-street parking, setbacks, and other structure and property development standards that apply to the category of use or the zone of the subject parcel shall also apply to all temporary activities.

4.27.04. A llowed te mporary u ses and Associated
Standards
A. O ff-Site Auto and RV Sales.

1. N o more than six off-site auto sales events may be held within a 12-month period.

2. T
he duration of each off-site auto sales event shall not exceed seven consecutive days, including set up and break down.

3. T
here shall be a minimum of 30 days between each off-site auto sales event.

4. C
anopies shall be adequately braced and anchored to prevent weather-related collapse and must be in good condition. Weathered or dilapidated canopies shall not be used.

5. O
ff-site auto sales shall not restrict or impair the public’s view of another business or activity, the public’s view of the signage for another business or activity, and the points of ingress and egress to the site.

6. A ne
w temporary permit is required for each off-site auto sales event.

B. L ive Entertainment – Outdoors (Accessory).

1. E ntertainment uses are allowed subject to Article 2 (Zone Regulations). A Temporary Use Permit is required for events with a duration of two days or less.

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2. A n application for a Temporary Use Permit shall be made no less than 30 days prior to the date of commencement of the entertainment event.

3. T
he duration of use shall not exceed two days.

4. T
here shall be a minimum of 30 days between events.

5. E
vents lasting more than two days or occurring more frequently than every 30 days shall require review and approval per Article 2 (Zone Regulations) and may require an Entertainment Permit issued by the Police Department per Chapter 113 (Entertainment Permits) of the Indio Municipal Code.

6. L
ive entertainment events requiring a Temporary Use Permit pursuant to this Chapter are prohibited within 1,000 feet of a Major Music Festival Event, as defined under Section 2.07.02 (Major Music Festival Overlay Zone (MMF)).

7. C
ertification of the safety of rides and all pertinent equipment for carnivals, circuses, or similar events, shall be made by a professional engineer registered in the State of California, with such certification being given to the Director prior to the commencement of use of the equipment.

8. T
he Director may permit subject to approval of a Temporary Use Permit (see Section 6.04.05 (Temporary Use Permits)) a special event such as, but not limited to, the following types of events: sporting and athletic events, street fairs, social events such as large weddings, picnics, or fireworks displays which by their nature are non-recurring, occurring on improved or unimproved property, which requires regulation because it may, among other things:
a.

I
nvolve the potential for a substantial number of participants or spectators; b. R
equire the provision of public services for street blockage, erecting barriers, traffic control or crowd control;
c.

R
equire portable restrooms and electrical connections; or d. R
equire the use of flammable materials.

C. S wap Meet, Outdoor.

1. O utdoor swap meets, farmers markets, and the like are allowed subject to Article 2 (Zone Regulations).

2. A
n application for a swap meet on private property shall be made no less than seven days prior to the date of commencement of the proposed use.

3. S
ales shall be sponsored by one or more merchants or by a non-profit organization.

4. T
he duration and frequency of the use shall be allowed as determined by the Director.

D. T emporary Campground.

Temporary campgrounds may be allowed on private or public property subject to Article 2 (Zone Regulations). A Temporary Use Permit is required, subject to the following conditions and standards:

1. A t
emporary campground shall be allowed for no more than 21 days in any one calendar year.

2. A m
inimum of 10 feet between vehicles or trailers shall be required.

3. A
isle ways shall be a minimum of 24 feet in width.

4. T
oilets, if provided, shall be allowed at a rate of no more than one per 15 spaces and shall be emptied daily by an approved method.

5. F
ire hydrants shall be no more than 500 feet from any space.

6. E
lectrical, sewer, and water hookups shall be prohibited. Provisions for solid waste and recycling collection shall be made.

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ArtIcL E 5 | SuBdI VISIo n reGu lAtIo nS + reS Id entI Al condoMIn IuM conVe rStIo nS INDIO
Ar t IcL E 5
SuBdI VISI on rE GuL AtIonS +
rE
SId
En
tI
AL
condo
MInIuM

c
onV
ErS
IonS
unIF IE d dE VELoP MEn t codE | rE SE rV E d Fo r F uturE I ncLuS Io n

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RESERVED FOR FUTURE INCLUSION

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INDIO
Ar t IcL E 6
AdM I nI S trAtI on +
Pro
c
Ed
urE
S
unI FIE d dE VELoP MEn t codE | Mu nIcI PAL codE cH APtEr 159 PuB LI c rE VIEW drA Ft

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6.01. Pu r Po SE
A. This Article establishes provisions and processes for the application, administration, review and approval, and permitting of all land use and development activities in the City of Indio subject to the regulations in this Development Code.

B. Chapter 6.02 (Review and Decision-Making Bodies) identifies and describes the responsibilities of the bodies that review and decide upon development applications. Subsequent chapters provide detailed information on procedures, applications, and permits.

C. In response to changes in State law, the City shall adopt regulations that follow the statutory guidance and direction. In the absence of codified regulations, the City shall follow the statutes as written.

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6.02. rE VIEW A n d d EcI SIon-
M
AKI
nG BodIE
S
The purpose of this Chapter is to identify the bodies, officials, and administrators with designated responsibilities under various chapters of the Development Code. When carrying out their assigned duties and responsibilities, all bodies, administrators, and officials shall interpret and apply the provisions of this Ordinance as minimum requirements adopted to implement the policies and achieve the objectives of the General Plan.

6.02.01. cit y co uncil
The powers and duties of the City Council under this Code include, but are not limited to, the following:

A. Consider and adopt, reject or modify amendments to the General Plan map and text pursuant to the provisions of Chapter 6.06 (General Plan and Zoning Amendments), and of the Government Code, following a public hearing and recommended action by the Planning Commission.

B. Consider and adopt, reject, or modify amendments to the Official Zoning Map and to the text of this Code pursuant to the provisions of Chapter 6.06 (General Plan and Zoning Amendments), and the Government Code, following a public hearing and recommended action by the Planning Commission.

C. Hear and decide applications for development agreements, pursuant to Section 6.05.02 (Development Agreements).

D. Hear and decide appeals from decisions of the Planning Commission pursuant to Section 6.03.12 (Appeals).

E. Call for review a decision of the Director or Planning Commission pursuant to Section 6.03.11 (Calls for Review).

F. Appoint and remove members of the Planning Commission as provided for in Title 3 (Administration) of the Indio Municipal Code.

G. Establish, by resolution, a Municipal Fee Schedule listing fees, charges, and deposits for various applications and services provided, pursuant to this Code.

6.02.02. P lanning co mmission
The Planning Commission is established and organized pursuant to Chapter 32 (City Commissions) of the Indio Municipal Code and the requirements of the Government Code. The powers and duties of the Planning Commission under this Code include, but are not limited to the following:

A. Conduct hearings and make recommendations to the City Council on proposed amendments to the General Plan map and text, pursuant to Chapter 6.06 (General Plan and Zoning Amendments).

B. Conduct hearings, and make recommendations to the City Council on proposed amendments to the Official Zoning Map and to the text of this Code, pursuant to Chapter 6.06 (General Plan and Zoning Amendments).

C. Approve, conditionally approve, modify, or deny Conditional Use Permits, Planning Reviews, and Variances, pursuant to Chapter 6.04 (Permits and Approvals), and Section 6.04.06 (Administrative Variances and Variances).

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D. Hear and decide on modifications to approved Conditional Use Permits, Planning Reviews, and Variances, pursuant to Section 6.03.15 (Modifications of Approved Plans).

E. Hear and decide proposals to revoke permits, pursuant to Section 6.03.16 (Revocation of Permits) following a public hearing.

F. Hear and decide appeals from decisions of the Community Development Director on decisions, determinations, or interpretations made in the enforcement of this Code and any other decisions that are subject to appeal, pursuant to Section 6.03.12 (Appeals).

G. Call for review a decision of the Director pursuant to Section 6.03.11 (Calls for Review).

H. Make environmental determinations on any approvals it grants that are subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to State law.

I. Such other duties and powers as assigned or directed by the City Council.

6.02.03. co mmunity de velopment di rector
The following powers and duties of the Community Development Director (the “Director”) under this Ordinance include, but are not limited to the following:

A. Maintain and administer the Development Code, including processing of applications, abatements, and other enforcement actions.

B. Interpret the Development Code to members of the public and to other City Departments.

C. Prepare and effect rules and procedures necessary or convenient for the conduct of the Director’s business.

These rules and procedures shall be as approved by a resolution of the City Council following review and recommendation of the Planning Commission. They may include administrative details of hearings officiated by the Director (e.g., scheduling, rules of procedure and recordkeeping).

D. Issue administrative regulations for the submission and review of applications subject to the requirements of this Code and Government Code Section 65950 (Deadlines for Project Approval Conformance; Extensions).

E. As part of the building permit review, review applications for conformance with this Code and issue a zoning clearance letter when the proposed use, activity, or building is allowed by right and conforms to all applicable development and use standards.

F. Review applications for discretionary permits and approvals under this Code for conformance with applicable submission requirements and time limits.

G. Review applications for discretionary permits and approvals to determine whether the application is exempt from review under CEQA and notify the applicant if any additional information is necessary to conduct the review.

H. Process and make recommendations to the City Council on all applications, amendments, appeals, and other matters upon which the Council has the authority and the duty to act under this Code.

I. Process and make recommendations to the Planning Commission on all applications, appeals, and other matters upon which the Commission has the authority and the duty to act under this Code.

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J. Conduct Administrative Planning Review pursuant to 6.04.03 (Planning Review).

K. Approve, conditionally approve, modify, or deny applications for Administrative Use Permits, pursuant to Chapter 6.04 (Permits and Approvals).

L. Refer items to the Planning Commission where, in his/her opinion, the public interest would be better served by a Planning Commission public hearing and action.

M. Negotiate the components and provisions of development agreements for recommendation to the City Council.

N. Serve as Staff of the Planning Commission.

O. Investigate and make reports to the Planning Commission on violations of permit terms and conditions when the City has initiated revocation procedures.

P. Delegate administrative functions to members of the Planning Division as deemed necessary.

Q. Other duties and powers as may be assigned by the City Council or established by legislation.

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6.02.04. S ummary of re view Authorities for
de
cisions and Appeals
Table 6.02.04-1 (Summary of Review Authorities for Decisions and Appeals) summarizes the powers and duties that each Review Authority has under this Code. Where a land use project requires more than one type of application, all permit requests shall be reviewed and decided on by the highest Review Authority established for any of the applications. Numbers refer to notes at the bottom of the table. t
ABLE

6.02.04–1: Summary of re view Authorities for de cisions and Appeals

PROCEDURE

REVIEW AND DECISION-MAKING BODIES
PRE-

APPLICATION

COMMITTEE

DIRECTOR
OR

DESIGNEE

PLANNING

COMMISSION CITY COUNCIL
R = Review, RC = Recommendation, D = Decision, A = Appeal

GENERAL PLAN AND ZONING
Annexation R D
General Plan Amendment (Text or Map or Text and Map) R R RC D Development Code Text Amendment R R RC D
Zoning Map Amendment R R RC D
Specific Plan and Project Master Plans R R RC D
Planned Development R R RC D

ENTITLEMENTS
Administrative Use Permit R D A
Administrative Variance R D A
Variance R R D A
Conditional Use Permit R R D A
Appeal of Administrative Decision R D A
Appeal of Planning Commission Decision R D
Planning Review - Administrative R D A
Planning Review – Ministerial (Residential + Mixed Use) R R D A Planning Review - Discretionary R R D A
Home Occupation Permit
1 D
Temporary Use Permit R D A
Sign Permit2 D A
Minor Modifications to Approved Permit D A
Major Modifications to Approved Permit3 R D A
Permit Revocation R D A
Permit Extension D A

OTHER PROCEDURES
CEQA Environmental Review R R D D
Certificate of Public Convenience or Necessity R D
Development Agreement R R R D
Interpretations D A
Pre-Application Conference R R

1. S ee Section 4.14.03 (Home Occupation Permit; Issuance; Modification; and Revocation) for home occupation permit requirements and procedures.

2. S
ee Section 3.05.09 (Sign Permits and Procedures) for sign permit requirements and procedures.

3. M
ajor modifications are a Planning Commission action item only, not subject to public hearing.

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6.03. c o MMon Pr ocEd urE S

6.03.01. Pu rpose
This Chapter establishes procedures that are common to the application and processing of all permits and approvals provided for in this Code, unless superseded by specific requirement of this Code or State law.

6.03.02. ti me Limits
Whenever a number of days is specified in the Code, or in any permit, condition of approval, or notice provided in this Article, the number of days shall be consecutive calendar days.

6.03.03. Ap plication Forms and Fees, and
re
applications
A. A pplicant.

Applications shall be made by the owner of property or the owner’s authorized agent. If the application is made by someone other than the owner or the owner’s agent, proof, satisfactory to the Director, of the right to use and possess the property as applied for, shall accompany the application.

B. Ap plication Forms and Materials.

1. A pplication Forms.

The Director shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this Code.

2. Su
pporting Materials.

The Director may require the submission of supporting materials as part of the application, including but not limited to statements, photographs, plans, drawings, renderings, models, material samples and other items necessary to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to CEQA. If a neighborhood review meeting was required prior to submitting an application, the applicant shall submit post meeting information and materials with the submittal of a development application in accordance with Subsection 6.03.04.F (Post Meeting Submittal Requirements). Each permit application checklist lists the minimum necessary submittal materials for that particular type of permit.

3. A
vailability of Materials.

All material submitted becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the Planning Division offices. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.

C. Ap plication Fees.

1. S chedule of Fees.

The City Council shall approve by resolution a Master Fee Schedule that establishes fees for permits, informational materials, penalties, copying, and other such items or applications authorized or required by this Code.

2. P
ayment of Fees.

All required fees shall be paid at the time an application is files and no application shall be accepted as complete and processed without payment of a fee unless a fee waiver has been approved.

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3. Mu ltiple Applications.

The City’s processing fees are cumulative. For example, if an application for Planning Review also includes a Conditional Use Permit, both fees shall be charged.

4. Fe
e Waiver.

No fee shall be required when the applicant is the City, or if it is waived under any other provision of the Municipal Code.

5. R
efund of Fees.

Application fees are refundable at the discretion of the Director with good cause unless otherwise provided for in the Indio Municipal Code or by policy of the City Council.

D. R eapplication.

An application shall not be accepted or acted upon if within the past 12 months the City has denied an application for substantially the same project on substantially the same real property, unless the Director finds one or more of the following circumstances to exist:

1. N
ew Evidence.

There is new evidence that would support approving the project that was not presented at the previous hearing and could not have been previously discovered in the exercise of reasonable diligence by the applicant.

2. S
ubstantial and Permanent Change of Circumstances.

There has been a substantial and material change of circumstances since the previous hearing that affects the applicant’s real property. A change in circumstances could include, but is not limited to, change in infrastructure conditions, change in project proposal, change in environmental conditions, etc.

3. M
istake at Previous Hearing.

A verified factual mistake was made at the previous hearing that was a material factor in the denial of the previous application.

6.03.04. P re-Application re view and co nferences
A. Pu rpose.

A Pre-Application Review is a review process and opportunity to:

1. A
cquaint a potential application with information on relevant policies, code regulations, and other relevant criteria and procedures. This review is intended for large or complex projects and projects that are potentially controversial.

2. P
rovide a potential applicant with an early opportunity to meet with the City’s Pre-Application Committee to identify possible major issues and discuss the City’s review processes to help expedite permit processing and approvals.

3. T
o acquaint City staff with a potential applicant and application.

B. S cope and Limitations.

1. A P re-Application Review does not:
a. V
est an applicant under the existing rules and regulations adopted by the City in effect at the time of the pre-application conference meeting.
b. P
rovide an exhaustive review of all potential issues.
c.

B
ind or preclude the City from enforcing all applicable regulations or from applying regulations in a manner differently than may have been indicated in the pre-application meeting. d. C
onstitute an approval in any manner of a proposal as the pre-application meeting is intended to be informational only.

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2. E xemption from Permit Streamlining Act.

Pre-application review is not subject to the requirements of the California Permit Streamlining Act (the Act). An application that is accepted for pre-application review shall not be considered complete pursuant to the requirements of the Act unless and until the Director has received an application for approval of a development project, reviewed it, and determined it to be complete under Section 6.03.06 (Review of Applications).

3. R
ecommendations are Advisory.

Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or denial of the application by City representatives. Any recommendations that result from pre-application review are considered advisory only and shall not be binding on either the applicant or the City.

C. A pplicability and Requirements.

1. A pplications for which Pre-Application is Required.

A pre-application conference is required for all of the following before an application will be required for the processing of:
a.

C
onditional Use Permits
b. A
ny project requiring Discretionary Planning Review
c.

G
eneral Plan Text and/or Map Amendments
d. S
pecific Plans
e. D
evelopment Agreements
f. A
mendments to existing Specific Plans or Project Master Plans g. T
entative Maps (refer to adopted Subdivision Regulations) h. V
ariances
i. D
evelopment Code and/or Zoning Map Amendments

2. A
pplications for which Pre-Application is Optional.

An applicant for a project not requiring Pre-Application Review may request such review. The Director may approve this optional review request provided that an application is filed and appropriate fee is paid.

D. P rocess and Procedures.

1. R eview Procedure.

Planning staff shall facilitate the pre-application review process. The Director may consult with or request review by any City agency or official with interest in the application.

2. A
pplication Submittal.

A request for Pre-Application Review shall be filed with the Community Development Department on a pre-established City form. The required fee shall be paid at the time of application.

3. A
pplication Process.

A counter-completeness review shall be conducted at time of submittal. If all required information is present at time of submittal, the application shall be accepted for processing. An incomplete application shall not be accepted.

4. P
re-Application Meetings.

Following submittal of the Pre-Application Review application, the Community Development Department shall route the application to relevant review parties and schedule the pre-application conference meeting following consultation with the applicant regarding meeting availability. Staff from other City Departments and external agency service providers will meet with the applicant and representatives.

Following the pre-application conference meeting, a written meeting summary may be prepared and distributed to the applicant and representatives, if applicable. The summary will be based upon the information that was presented to staff (i.e., what is submitted along with the Request form) and may identify applicable development regulations, policies, engineering design standards, key issues, requirements for special studies, and other information.

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6.03.05. nei ghborhood re view Meetings
A. Pu rpose.

The purpose of the neighborhood review meeting is for a developer/applicant of a proposed project to hold a meeting with surrounding and adjacent neighboring residents, property owners, homeowners’ associations, and businesses (hereinafter collectively referred to as “neighbors”) prior to submitting an application to the City. The neighbors would have an early opportunity to become familiar with the proposed project and the City’s development review process and to identify any associated project issues or concerns. The neighborhood review meeting is intended to assist in producing applications that are responsive to neighborhood concerns, and to reduce the likelihood of delays and appeals. The City expects an applicant to take into consideration the reasonable concerns and recommendations of the neighbors and other interested persons when preparing an application.

B. A pplicability.

1. A pplications for which Neighborhood Review is Required.

A minimum of one neighborhood review meeting shall be required for the following types of new land use application in any applicable zone within the city:
a.

C
onditional Use Permits
b. A
ny project that requires Discretionary Planning Review
c.

G
eneral Plan Text and/or Map Amendments
d. S
pecific Plans
e. D
evelopment Agreements
f. A
mendments to existing Specific Plans or Project Master Plans g. T
entative maps
h. V
ariances
i. D
evelopment Code and/or Zoning Map Amendments

2. A
pplications for which Neighborhood Review is Optional.

Neighborhood review meetings are not required but are strongly encouraged for multi-family residential developments and residential mixed-use projects that qualify for streamlined ministerial planning review.

C. T ime Frames.

1. P rior to submittal of an application, an applicant shall provide an opportunity to meet with neighbors within the City-specified notice radius to review the proposal.

2. T
he applicant shall not be required to hold more than one neighborhood review meeting. However, if the Director determines that there are substantive and significant changes between the project presented at the neighborhood meeting and the submitted project, the Director may require the applicant to conduct an additional neighborhood review meeting to solicit additional feedback prior to the scheduling of any required public hearings.

D. Ci ty Involvement.

The neighborhood review meeting is intended to be a developer-neighborhood interaction. City staff are not required to attend and/or participate in neighborhood review meetings. There will be other official opportunities for residents and neighbors to make comment during the development review process that would follow the neighborhood review meeting. Any City staff attendance at a neighborhood review meeting is for informational purposes only, does not represent the City’s position on the merits of the development proposal and does not constitute an approval or denial of an application, now or submitted in the future.

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E. P rocedures.

1. T he applicant shall select the meeting time and place. The starting time selected shall be limited to a weekday evening after 6:00 p.m. or a weekend at any reasonable time and shall not occur on a Federally recognized holiday. The meeting shall be held at a location open to the public and in compliance with the Americans with Disabilities Act. The public meeting shall be held within the Indio City limits, at a location no further than two miles from the project site unless an alternate meeting location is approved by the Director. A sign at least 22 inches by 28 inches in size with minimum two-inch lettering shall be placed at the main entrance of the building where the meeting will take place at least one hour prior to the meeting. Such sign will announce the meeting purpose, that the meeting is open to the public, and that interested persons are invited to attend. This sign shall be removed upon conclusion of the meeting by the applicant.

2. T
he applicant shall send by regular mail a written notice announcing the neighborhood review meeting to the Director and property owners within 500 feet of the property(ies) involved in the development review application. The Director at his/her discretion may request the applicant to increase the mailing area size for the written notification if he/she believes that the nature of the project will result in the need for more public awareness. The notice shall include the date, time and location of the meeting and briefly discuss the nature and location of the proposal. The notice shall be mailed not less than 20 days prior to the meeting date. The mailing list shall be obtained by the applicant and based on the most recent property tax assessment rolls of the Riverside County Assessor’s Office.

3. T
he sign at the building entrance and the notices sent by mail shall each contain the following statement:

The intent of this meeting is to facilitate an early informal discussion between the project developer and the neighbors regarding the project. While required by the City of Indio, this meeting is not conducted by the City of Indio and is in addition to any future hearings or public comment opportunities available under the City’s development review processes.

4. A
t the neighborhood review meeting, the applicant shall describe the proposed application to persons in attendance. The attendees may identify any issues that they believe should be addressed in the application and recommend that those issues be submitted for City consideration and analysis.

5. T
he applicant shall prepare and make available the following materials for review and discussion at the public

meeting:
a. T
ype, location, and total number of dwelling units for residential expected to be built; b. T
ype, location, and conceptual building elevations for non-residential projects; c.

C
onceptual site plan/plat layout showing buildings, road layout, parking, landscaping, topography and open space areas, and adjacent properties; and
d. A
erial photograph showing the subject property and adjacent properties.

6. A
t the neighborhood review meeting, a sign-in-in sheet shall be distributed to all meeting attendees that specifies the date, time, and location of the neighborhood review meeting and asks for the name, address, phone number, and electronic mail address of each meeting attendee.

7. A
t the neighborhood review meeting, the applicant shall take notes of the discussion on the proposed application for eventual submittal to the City.

F. P ost Meeting Submittal Requirements.

The applicant shall submit the following information with the submittal of a development application:

1. A c
opy of the notice provided to surrounding property owners within a minimum of 500 feet on all sides of the proposed development site.

2. A c
opy of the mailing list used to send out meeting notices.

3. A w
ritten statement containing the information posted on the property.

4. A
n affidavit of mailing notices.

5. A c
opy of the meeting sign-in sheet.

6. C
opies of written materials and plans presented at the neighborhood review meeting.

7. N
otes of the meeting including a summary of oral and written comments received.

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8. I f the applicant did not receive any responses to the meeting notice and no one attended the neighborhood review meeting or persons in attendance made no comments, the applicant shall submit evidence as indicated above, with the notes reflecting the absence of comment, attendance, or both.

G. N otice of Decision.

1. A ll property owners who receive notice of the neighborhood review meeting shall be eligible to receive a copy of the written City decision for the development proposal through a request made directly to the City.

H. C onsideration.

The City shall consider as part of the development review process the concerns and issues raised by the neighbors and applicant at the neighborhood review meeting, including any agreed-upon solutions or resolutions to outstanding issues or areas of contention. The City, however, shall not be bound in its decision-making by any agreements or understandings made between the neighbors and applicants. Nothing in this section shall be construed to delegate development review decision-making authority to the participants in the neighborhood review meeting.

6.03.06. E nvironmental re view
A. E nvironmental Review.

All projects shall be reviewed for compliance with or exemption from the California Environmental Quality Act (CEQA). Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code is amended, such amendments will govern City procedures.

1. P
roject Exempt from Environmental Review.

Within 30 days of the date the City has determined an application to be complete, a determination must be made whether the project is exempt from Environmental Review per State CEQA requirements.

2. P
roject for which a Negative Declaration or Mitigated Negative Declaration is Prepared.

Within 60 days of the date a Negative Declaration or Mitigated Negative Declaration has been completed and adopted for project approval, the City shall take action on the accompanying discretionary project.

3. P
roject for which an EIR is Prepared.

Within 180 days from the date the decision-making authority certifies a Final EIR, the City shall take action on the accompanying discretionary project.

B. A B 52 Consultation Requirement.

Per AB 52 (Native American Historic Resource Protection Act), Tribal Consultation requirements apply to all CEQA projects for which a Notice of Preparation, Notice of Mitigated Negative Declaration or Notice of Negative Declaration is filed on or after July 1, 2015. The following applies to all applicable projects:

1. T
he City authorized representative shall comply with the procedures specified in Public Resources Code (PRC) Sections 21080.3.1, 21080.3.2, 21082.3, and 21084.3 to notify, consult, and mitigate for any significant impacts to tribal cultural resources.

2. T
he City’s authorized representative is the authorized representative of the City in all tribal consultation under State law.

3. T
he Community Development Department shall maintain a list of California Native American tribes, as defined in PRC Section 21073, which requested notification of discretionary projects under its jurisdiction pursuant to PRC Section 21080.3.1, subdivision (b)(1).

4. W
ithin 14 days of determining that an application for a discretionary project is complete and the City is ready to undertake CEQA review, the City’s authorized representative shall notify, by letter, all tribes that requested notification and afford them 30 calendar days to to accept or decline consultation.

5. W
ithin 30 days of receiving a written acceptance from a tribe, the City’s authorized representative shall initiate consultation with the tribe.

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6. T he City’s authorized representative shall take into consideration information provided by the tribe during consultation when making the required determinations of impact during the CEQA process, and shall conclude consultation as specified in Section 21080.3.2(b) of the PRC prior to adopting or certifying the CEQA document.

6.03.07. re view of Applications
A. R eview Process.

1. A pplication Completeness.

The Director shall determine whether an application is complete within 30 days of the date the application is filed with the required fee. For the purposes of this Section, completeness shall not include a substantive of the quality, content or merit of the submitted items that shall be analyzed as part of the subsequent application review process. The Director shall notify the applicant in writing of the determination that either all submittal requirements have been satisfied and the application is complete or additional information is necessary and the application is deemed incomplete (see Subsection B below).

B. I ncomplete Application.

If an application is incomplete, the Director shall provide written notification to the applicant listing the applications for permit(s), forms, information, and any additional fees that are necessary to complete the application.

1. Z
oning Ordinance Violations.

An application shall not be found complete if conditions exist on the site in violation of this Code or any permit or other approval granted in compliance with this Code, unless the proposed project includes the correction of the violations.

2. A
ppeal of Determination.

Determinations of incompleteness are subject to the provisions of Section 6.03.13 (Appeals), except there shall be a final written determination on the appeal no later than 60 days after receipt of the appeal. The fact that an appeal is permitted to both the Planning Commission and the City Council does not extend the 60-day period.

3. S
ubmittal of Additional Information.

The applicant shall provide the additional information within the time limit specified by the Director, which shall be no later than 30 days. The Director may grant one extension of up to 90 days.

4. Re
submittal Review.

Upon receipt and resubmittal of any incomplete application, a new 30-calendar day period shall begin during which the Director shall determine the completeness of the application.

5. E
xpiration of Application.

If an applicant fails to correct the specified deficiencies within the specified time limit, the application shall expire and be deemed withdrawn. Unexpended fees, as determined by the Director, will be returned to the applicant. After the expiration of an application, project review shall require the submittal of a new, complete application, along with all required fees.

C. C omplete Application.

When an application is determined to be complete, the Director shall make a record of that date. If an application requires a public hearing, the Director shall schedule it in a timely manner and notify the applicant of the date and time.

D. E xtensions.

The Director may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this Code.

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6.03.08. Pu blic no tice
Unless otherwise specified, whenever the provisions of this Code require public notice, the City shall provide notice in compliance with State law as follows. Application types that require a decision by or appeal to the Planning Commission or City Council require a public hearing, per Table Table 6.02.04-1 (Summary of Review Authorities for Decisions and Appeals). All projects requiring an Administrative Permit or public hearing(s) require public noticing as follows.

A. M ailed Notice for Administrative Permits.

For projects requiring an Administrative Permit, a mailed notice shall be delivered by First Class mail 10 days before the date of action to:

1. T
he applicant, the owner or owner’s duly authorized agent, and any occupant of the subject property;

2. A
ll property owners within a 500-foot radius of the subject property as shown on the latest available assessment roll, or a larger radius if deemed necessary by the Director in order to provide adequate public notification.

B. M ailed Notice for Public Hearings.

At least 10 days before the date of the public hearing, the Director, or the City Clerk for hearings before Planning Commission and/or City Council, shall provide notice by First Class mail delivery to:

1. T
he applicant, the owner or owner’s duly authorized agent, and any occupant of the subject property;

2. E
ach local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected;

3. A
ll property owners of record within a minimum 500-foot radius of the subject property as shown on the latest available assessment roll or a larger radius if deemed necessary by the Director in order to provide adequate public notification;

4. A
ll neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located; and

5. A
ny person or group who has filed a written request for notice regarding the specific application.

C. Ne wspaper Notice.

At least 10 days before the date of the public hearing, the Director or the City Clerk, for hearings before the Planning Commission and/or City Council, shall publish a notice in at least one newspaper of general circulation in the city.

D. P ublic Places.

At least 10 days before the date of the public hearing, the Director or the City Clerk, for hearings before the Planning Commission and/or City Council, shall publish a notice in at least three public places in the city including a minimum of one public notice sign on the property(ies) directly affected by the proceeding, per Section

6.03.08.G (Standards and Specifications for Public Notice Signs).

E. C ontents of Notice.

The notice shall include the following information:

1. T
he location of the real property, if any, that is the subject of the application;

2. A
general description of the proposed project or action;

3. T
he date, time, location, and purpose of the public hearing or the date of action when no public hearing is required;

4. T
he identity of the hearing body or officer;

5. T
he names of the applicant and the owner of the property that is the subject of the application;

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6. T he location and times at which the complete application and project file, including any environmental impact assessment prepared in connection with the application, may be viewed by the public;

7. A
statement that any interested person or authorized agent may appear and be heard;

8. A
statement describing how to submit written comments;

9. F
or Council hearings, the Planning Commission recommendation; and

10. O
ther information required by specific provision of these regulations or which the City, through its Department Heads, may consider necessary or desirable.

F. F ailure to Notify Individual Properties.

The validity of the proceedings shall not be affected by the failure of any property owner, resident or neighborhood or community organization to receive a mailed notice.

G. S tandards and Specifications for Public Notice Signs.

1. A pplicability.

All projects requiring an Administrative Permit or public hearings before the Planning Commission and/or City Council shall be required to post one or more public notice signs in accordance with the provisions herein.

2. P
ublic Notice Sign Requirements.
a. O
nly public notice signs provided by the City of Indio shall be utilized. Any sign that is posted that is not provided by the City of Indio shall be deemed non-compliant with this Section. Each sign heretofore posted shall contain at a minimum a copy of the public notice, a copy of the submitted site plan, and for those projects requiring a public hearing, a copy of the public hearing notice. b.

A m
inimum of one non-illuminated sign shall be installed in accordance with the City of Indio Public Notice Sign Specifications published by the Community Development Department as amended. The sign(s) shall be erected on or near the subject property facing each public right-of-way adjacent to the subject property and private easement or tract road providing primary vehicular access to the subject property and to any property that abuts the subject property. The Community Development Department shall approve the location of each sign.
c.

T
he sign shall be placed in an area of the property most visible to the public, not more than five feet from the front property line in residential areas, and not more than three feet from the front property line in commercial and industrial areas.
d.

A
t least one sign for every 500 feet of street frontage shall be displayed per street frontage of the subject property. The Director may reduce the number of signs, but the reduction shall be no less than one sign per street frontage.
e.

T
he Director may require the placement of notice boards in additional and/or alternative locations than the street frontage if, in his/her opinion, further public notice for the project will benefit the public safety, health and welfare and enhance the public’s opportunity to be made aware and comment on a proposed land use action.

3. S
ign Posting Acknowledgement.

A completed Sign Posting Acknowledgment form prepared and signed and dated by the applicant or an authorized representative of the applicant together with Photograph of Installed Signs form shall be submitted to the Community Development Department no later than three days following the pickup of the signs from the Department. This document shall be mailed or dropped off or emailed to the assigned Project Planner.

4. T
iming of Installation.
a. Si
gns must be installed no later than five calendar days from the date of pick-up from the Community Development Department.
b. P
osted signs are to physically remain on the property until the last decision-making action specified by Community Development Department. This shall include the timeframe for items that are required to obtain City Council approval.

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5. Re moval.
a. Si
gns shall be removed from the property no later than 10 days following the final action by the City of Indio.
b. A
completed Sign Removal Acknowledgment form together with a completed Photograph of Removed Signs form prepared and signed and dated by the applicant or an authorized representative of the applicant shall be submitted to the Indio Community Development Department no later than three days following the physical removal of the signs. This document shall be mailed, dropped off or emailed to the assigned Project Planner.

6. M
aintenance.

The applicant/owner shall be responsible for maintaining the notice board such that it is readable during the period of time it is required to be in place. If the board is damaged, defaced or otherwise made illegible, the applicant/owner shall replace the board with another obtained from the City. The applicant shall pay the replacement cost of such board.

6.03.09. Pu blic Hearings
A. He aring Time and Notice.

1. T he Community Development Director shall set the time and place of hearings required by this Code to be held by the Planning Commission.

The Planning Commission may, however, change the time or place of a hearing, if necessary.

2. T
he City Clerk shall set the time and place of public hearings required by this Code to be held by the City Council, however the Council may change the time or place of a hearing.

B. C onduct of Public Hearings.

Whenever the provisions of this Ordinance require a public hearing, the hearing shall be conducted in compliance with the requirements in Indio Municipal Code Article III (Administration).

6.03.10. ti ming and no tice of de cision and Findings
req
uired
When making a decision to approve, approve with conditions, modify, revoke or deny any discretionary permit under this Code, the responsible authority shall issue a Notice of Decision and make findings of fact as required by this Code.

A. D ate of Decision.

The responsible authority shall decide to approve, modify, revoke, or deny any administrative, ministerial, or discretionary permit following the close of the public hearing(s), or if no public hearing is required, within the time periods set by statutory requirements (e.g., Permit Streamlining Act, Housing Accountability Act). These deadlines do not apply to any action that has been called for review (per Section 6.03.12 (Calls for Review)) or appealed in accordance with 6.03.13 (Appeals). Time extensions may be granted pursuant to Section 6.03.15 (Expiration and Extension).

B. N otice of Decision.

After the Director or Planning Commission takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this Code, and the Calls for Review has ended, the Director shall issue a Notice of Decision. The Notice shall describe the action taken, including any applicable conditions, shall list the findings that were the basis for the decision, and shall include the procedure for appealing the decision. The Director shall file the Notice with the City Clerk and mail the Notice to the applicant, to the members of the City Council and the Planning Commission, and to any other person or entity that has filed a written request for such notification with the Planning Division.

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C. F indings.

Findings, when required by State law or this Code, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit.

6.03.11. S cope of Approvals
A. S cope.

Any approval permits include only those uses and activities actually proposed in the application and exclude other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.

B. C onditions of Approval.

The site plan, floor plans, building elevations, and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process, shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties, or ensures compliance with the permit’s plans and conditions in all respects.

C. A ctions Voiding Approval.

If the construction of a building or structure or the use established is contrary to the description or illustration in the application, so as to either violate any provision of this Ordinance or require additional permits, then the approval shall be deemed null and void.

D. P eriodic Review.

All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner or successor property owners to comply with such conditions.

6.03.12. ca lls for re view
A. A pplicability.

Decisions by the Director on administrative actions shall be communicated to the Planning Commission as part of a regularly agendized item at the next meeting of the Planning Commission. Any calls for review shall be made as follows:

1. A m
ajority of the Planning Commission may call for review of a decision of the Director.

2. A m
ajority of the City Council may call for review of a decision of the Director or Planning Commission.

3. I
f a decision is called for review by both the Planning Commission and the City Council, the City Council shall conduct the review.

4. S
uch call for review shall not require any statement of reasons and shall not represent opposition to or support of a decision, application, or appeal.

B. T ime Limits.

All administrative decisions made by the Director shall be placed on the agenda for the next meeting of the Planning Commission. Only after the Planning Commission has heard and agreed with any administrative decisions by the Director, and no call for review has been received, shall the Director issue a Notice of Decision to the applicant.

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C. P rocedure.

1. Ad ministrative Planning Review.

Where the call for review is regarding an Administrative Planning Review or other decision by the Director, the decision shall be communicated and any call for review shall be heard as part of a regular agendized item at the next meeting of the Planning Commission.

2. Us
e Permits and Other Discretionary Actions.

Where the call for review is regarding a Use Permit or other discretionary action, the call for review shall be processed in the same manner as an appeal by any other person.

6.03.13. A ppeals
A. A pplicability.

Any action by the Director or Planning Commission in the administration or enforcement of the provisions of this Code may be appealed in accordance with this Section.

1. A
ppeals of Director Decisions.

Decisions of the Director may be appealed to the Planning Commission by filing a written appeal with the Planning Division.

2. A
ppeals of Planning Commission Decisions.

Decisions of the Planning Commission may be appealed to the City Council by filing a written appeal with the City Clerk.

B. R ights of Appeal.

Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this Ordinance.

C. T ime Limits.

Unless otherwise specified in State or Federal law, all appeals shall be filed in writing within 15 days of the date which the action was taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.

D. F ee.

An appeal shall be accompanied by a fee established by resolution of the City Council to cover the cost of processing the appeal.

E. P rocedures.

1. F iling.

The appeal shall identify the decision being appealed and shall clearly and concisely state the factual reasons for the appeal. The appeal shall be accompanied by the required fee.

2. P
roceedings Stayed by Appeal.

The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business licenses.

3. T
ransmission of Record.

Within 30 days of receipt of the appeal, the Director shall transmit to the City Clerk the application of appeal and copies of the application and all other papers and documents constituting the record upon which the Planning Commission or Staff made their decision.

The Director, or in the case of appeals to the City Council, City Clerk, shall schedule the appeal for consideration by the authorized hearing body in a timely manner. The Director shall prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.

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F. S tandards of Review.

When reviewing any decision on appeal, the appeal body shall use the same standards for decision-making required for the original decision. The appeal body may adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval.

G. P ublic Notice and Hearing.

Public notice shall be provided and the hearing conducted by the applicable appeal body pursuant to Chapter

6.03 (Common Procedures). Notice of the hearing shall also be given to the applicant and party filing the appeal and any other interested person who has filed with the City Clerk a written request for such notice. In the case of an appeal of a Planning Commission decision, notice of such appeal shall also be given to the Planning Commission. The Planning Commission may be represented at the hearing.

H. A ction.

An action to grant an appeal shall require a majority vote of the hearing body members. A tie vote shall have the effect of rejecting the appeal.

6.03.14. E ffective da tes
A final decision on an application for any approval subject to appeal shall become effective after the expiration of the 15-day appeal period following the date of decision, unless an appeal is filed pursuant to Section 6.03.13 (Appeals). No building permit or business license shall be issued until the 15 th day following the date of the
decision. If a different termination date is fixed at the time of granting, or if actual construction or alteration has begun under valid building permits, the 15-day period may be waived.

6.03.15. E xpiration and Extension
A. E xpiration.

The decision-maker, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. If no time period is specified, any permit granted under this Code shall automatically expire if it is not exercised or extended within two years of its approval.

B. E xercise of Use Permit.

A permit for the use of a building or a property is exercised when, if required, a valid City business license has been issued, and the permitted use has commenced on the site.

C. E xercise of Building Permit.

A permit for the construction of a building or structure is exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.

D. E xtensions.

The following applies to all development projects with the exception of projects that qualify for State Streamlined Ministerial Approval per Government Code Section 65913.4 (See Section 6.04.03.E.6 (Permit Conditions)).

The Director may approve a two-year extension of any permit or approval granted under this Code, as follows:

1. P
rocess.

An application for extension shall be filed not less than 60 days prior to the expiration date of the permit or within two years of the date of approval, along with appropriate fees and application submittal materials.

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2. C onditions.

The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved.

3. P
ermit Extension Findings.

The extension may be granted only when the Director finds that the original permit findings can still be made and there are no changed circumstances, or there has been diligent pursuit to exercise the permit that warrants such extension.

4. E
xpiration.

If the time limits are reached with no extension requested, or a requested extension is denied or expires, the permit expires.

6.03.16. M odification of Approved Plans
No change in the use or structure for which a permit or other approval has been issued is permitted unless the permit is modified as provided for in this Code. For the purposes of this Section, the modification of a permit may include modification of a planning review approval.

A. M inor Modifications.

The Director may approve minor changes or modifications to approved plans provided that they meet the following:

1. T
hey have no potential for significant offsite impacts and would not intensify any potentially detrimental effects of the project.

2. T
hey are consistent with the original findings and conditions approved by the hearing body.

3. T
hey do not change the use designated in the original use permit.

4. T
hey are consistent with the development and design standards they were approved under.

5. T
hey do not increase, reduce, or alter the size or shape of the premises beyond the following:
a. A fi
ve percent increase in building height;
b. A 1
0 percent increase in floor area or building coverage when calculated on a total, aggregate project basis; or
c.

A 1
0 percent decrease in common open space.

B. M ajor Modifications.

The Planning Commission may approve major changes or modifications to approved plans provided that they meet the following. This is an action item only, not subject to public hearing.

1. T
hey have no potential for significant offsite impacts and would not intensify any potentially detrimental effects of the project.

2. T
hey are consistent with the original findings and conditions approved by the hearing body.

3. T
hey do not change the use designated in the original use permit.

4. T
hey are consistent with the development and design standards they were approved under.

5. T
hey do not increase, reduce, or alter the size or shape of the premises beyond the following:
a. A 1
0 percent increase in building height;
b. A 1
5 percent increase in floor area or building coverage when calculated on a total, aggregate project basis; or
c.

A 1
5 percent decrease in common open space.

C. N ew Application.

A request for changes in conditions of approval of a discretionary permit or a change in an approved site plan or building plan beyond those allowed under the thresholds for major modifications above shall be treated as a new application.

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6.03.17. re vocation of Permits
Any permit granted under this Code may be revoked or modified for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated. Notwithstanding this provision, no lawful residential use can lapse regardless of the length of time of the vacancy.

A. I nitiation of Proceeding.

Revocation proceedings may be initiated by the City Council, Planning Commission, or Director.

B. P ublic Notice, Hearings and Action.

After conducting a duly-noticed public hearing, the Planning Commission shall act on the proposed revocation.

C. R equired Findings.

The Planning Commission may revoke or modify the permit if it makes any of the following findings:

1. T
he approval was obtained by means of fraud or misrepresentation of a material fact;

2. T
he use, building, or structure has been substantially expanded beyond what is set forth in the permit or substantially changed in character;

3. T
he use in question has ceased to exist or has been suspended for six months or more (see also Chapter

6.07 (Nonconforming Provisions));

4. T
here is or has been a violation of or failure to observe the terms or conditions of the permit or Variance, or the use has been conducted in violation of the provisions of this Code, or any applicable law or regulation; or

5. T
he use to which the permit or Variance applies has been conducted in a manner detrimental to the public safety, health and welfare, or so as to be a nuisance.

D. N otice of Decision.

Following Planning Commission action to revoke or modify a permit, the Director shall within 14 days issue a Notice of Decision describing the Commission’s decision with its findings. The Director shall mail notice to the permit holder and to any person who requested the revocation proceeding.

6.03.18. I nterpretations and de terminations
Requests for interpretations of this Code and verifications relating to prior approvals or permits may be made to the Director. Requests shall be in writing. The decision of the Director on such requests may be appealed under Section 6.03.13 (Appeals).

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6.04. P E rM ItS A nd AP Pr oV ALS

6.04.01. cer tificate of oc cupancy
A. Pu rpose.

This Chapter establishes procedures for issuing a Certificate of Occupancy to verify that buildings and the proposed use of land comply with all applicable building and health laws and ordinances and with the requirements of this Code.

B. C ertificate of Occupancy Required.

No structure erected, moved, altered or enlarged after the effective date of this Code shall be occupied or used, and no site shall be occupied or used until a Certificate of Occupancy has been issued by the Building Official or staff person designated by the Director to perform such actions.

C. A pplication.

Application for a Certificate of Occupancy shall be filed with the Building Official prior to the erection, moving, alteration or enlargement of any structure and prior to the commencement of a new use or a change in use of any structure or site.

D. I ssuance.

The Building Official shall issue a Certificate of Occupancy upon receipt of written notice that the structure or site is ready for occupancy or use and after inspection, provided that the structure or site and the intended use conform with all applicable building and health laws, all required screening, landscaping, off-street parking and loading facilities have been completed, and all other conditions attached to the use permit, variance, and/or planning review have been met.

6.04.02. Z oning cl earance (as part of Building
Plan
ch
eck)
A. P urpose and Applicability.

The purpose of zoning clearance is to ensure that all new and modified uses and structures comply with applicable provisions of this Code, using simple administrative

plan

check procedures. Zoning clearance is
required for all structures that require a building permit and for signs.

B. R eview Authority.

The Community Development Director is the designated review authority for zoning clearance. The Director approves, conditionally approves, or denies the zoning clearance in accordance with the requirements of this title.

C. P rocess.

1. G eneral.

No application form is necessary for zoning clearance. This process will be conducted by the Community Development Department as part of the building permit application review. If there are any fees required for this, the fee(s) shall be paid prior to the commencement of the zoning clearance review.

Zoning clearance shall be granted only when the Director or his/her designee finds the proposal to be

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in conformance with all applicable provisions of this Code. The Director may modify plans in whole or in part, apply conditions of approval, or require guarantees to ensure compliance with applicable provisions of this Code. Building permits shall not be issued without zoning clearance approval.

2. S
igns.

Sign permit requirements and procedures can be found in Section 3.05.09 (Sign Permits and Procedures).

6.04.03. P lanning re view
A. Pu rpose.

This Section establishes the planning review procedure to ensure that new development supports the goals and objectives of the General Plan and other adopted plans and guidelines. The specific purposes of the planning review process are to:

1. P
romote excellence in site planning and design and the harmonious appearance of buildings and sites;

2. E
nsure that new and modified uses and development will be compatible with the existing and potential development of the surrounding area; and

3. S
upplement other City regulations and standards in order to ensure control of aspects of design that are not otherwise addressed.

B. A pplicability.

Planning review is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a structure, site, or a parking area except for:

1. A
dditions, construction, reconstruction, alterations, improvements, and landscaping for a project developed in compliance with a previous planning review approval;

2. R
eplacement of exterior materials, including openings, with the same materials; and

3. I
ndividual single-family homes and additions to single-family homes (see Section 6.04.02 (Zoning Clearance (as part of Building Plan Check)).

C. P rocedures; Design Standards and Guidelines.

1. Fo rms and Fees.

Written applications for planning review applications shall be submitted to the Planning Division in compliance with the application procedures in Chapter 6.03 (Common Procedures).

2. D
esign Standards and Guidelines.

All projects shall be consistent with applicable design standards and/or guidelines. a. O
bjective Design Standards. Objective Design Standards, pursuant to State law, are required for housing development projects (defined as projects which consist of residential units only, mixed-use projects with 2/3 of the square footage dedicated to residential units, and transitional or supportive housing projects) requesting streamlined approval (see Subsection 6.04.03.E (Planning Review – Ministerial)). If a project does not qualify for streamlining under State law, or if an applicant seeks exceptions or modifications to standards contained in this Code, the project becomes subject to the Discretionary Planning Review process (see Subsection 6.04.03.F (Planning Review – Discretionary)).

Standards are written with “shall” statements or similar language imposing a requirement to which projects must adhere.
b.

D
esign Guidelines. Design guidelines provide recommendations to be used in the Discretionary Planning Review process. Guidelines are written with “should” statements. Project applicants may choose to forgo one or more design standards and instead meet the intent of the design standards and/or guidelines.

Guidelines are design criteria subject to interpretation by the City during the Discretionary Planning Review process. The standards and any guidelines together are utilized during the City’s Discretionary Planning Review process to encourage the highest level of design quality, while simultaneously providing the flexibility necessary to encourage creativity on the part of project designers. Projects are evaluated on the degree to which they comply with the intent of the standards and guidelines in this document, ultimately leading to Staff-level or Planning Commission decision and approval.

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3. C oncurrent Processing.

When a proposed project requires more than one permit application with more than one Review Authority, all project permits shall be processed concurrently as interrelated permits for a project and shall not be bifurcated. The highest designated Review Authority for all requested permits shall take final action on all permits. For example, the Planning Commission takes final action on a conditional use permit. However, when processed in conjunction with a Specific Plan, the conditional use permit shall be reviewed and acted upon by the City Council in conjunction with the other application request(s). The Planning Commission provides recommendations to the City Council on both entitlement requests.

D. P lanning Review – Administrative.

1. A pplicability.

Administrative planning review applies to the following proposed uses or buildings allowed as a matter of right or through an Administrative Use Permit by this Code, so long as they conform to all the applicable development and use standards:
a.

C
ommercial development projects 5,000 square feet or less in size. b. I
ndustrial development projects 10,000 square feet or less in size.

2. R
eview Authority.

The Director shall be the review authority for administrative planning reviews. The Director may, at his/ her discretion, refer any administrative application to the Planning Commission for a decision rather than acting on it himself/herself.

3. A
pplication Review and Approval Process
The Director will review the project against all applicable use, development, and design standards. If the Director determines that the proposed use or building is allowed as a matter of right by this Code, and conforms to all the applicable development and use standards, the Director shall issue an approval. Staff will draft a Findings and Notice of Decision document containing all relevant findings and conditions of approval.

E. P lanning Review – Ministerial.

1. A pplicability.

Ministerial planning review applies to the following types of proposed uses or buildings that qualify for streamlined ministerial planning review under California Government Code Sections 65650 et seq. ("State Supportive Housing Law"), 65660 et seq. ("State Low Barrier Navigation Centers Law"), and 65913.4 ("State Streamlined Ministerial Approval Process"):
a.

A
ffordable housing developments (per SB 35).
b. R
esidential developments of two or more units and mixed-use developments in which two-thirds of the project’s square footage is used for residential purposes (per Housing Crisis Act/SB 330). c.

T
ransitional or supportive housing (per SB 744/AB 2162). d. L
ow Barrier Navigation Centers (per SB 48).

2. R
eview Authority.

The Planning Commission shall have the authority to conduct ministerial planning reviews to make sure that a project complies with all applicable objective plans, regulations, policies, development and design standards.

3. C
onditions for Approval.

Before approving an application for Ministerial Planning Review approval, the Planning Commission must make the following findings based on evidence in the record, as applicable, that:
a.

T
he housing development or Low Barrier Navigation Center is eligible for Ministerial Planning Review approval.
b. I
f the Ministerial Planning Review approval is based all or in part on the provision of Supportive Housing, a finding that all the requirements for a Supportive Housing development that are specified in the State Supportive Housing Law have been or will be met.

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c. I f the Ministerial Planning Review approval is for a Low Barrier Navigation Center, a finding that all the requirements for a Low Barrier Navigation Center that are specified in the State Low Barrier Navigation Centers Law have been or will be met.
d. I
f the Ministerial Planning Review approval request is based all or in part on the State Streamlined Ministerial Approval process, a finding that all the requirements for a housing development approval that are specified in the State Ministerial Approval Process have been or will be met. e.

I
f the application includes a request for a density bonus, incentive, waiver, or modification under

the
State Housing Density Bonuses and Incentives Law, a finding that all the requirements for density bonuses and/or other incentives that are specified in the State Housing Density Bonuses and Incentives Law have been or will be met.
f.

I
f the project complies with all applicable objective plans, regulations, policies, development standards and Objective Design Standards.

4. C
onditions for Denial.
a. T
he Planning Commission may deny an application for Ministerial Planning Review Approval if the findings required by Subsection 3 above, as applicable, cannot be made. b. T
he Planning Commission may deny a Ministerial Planning Review Approval if doing so would be contrary to State and Federal law, and if this finding is made in writing. c.

N
othing in this Section limits the City's right to deny an affordable housing project under Government Code Section 65589.5.

5. A
pplication Review and Approval Process.
a. A
ffordable Housing Streamlined Ministerial Approval (per SB 35). If the project is an affordable housing development that qualifies for Streamlined Ministerial Planning Review under SB 35, then the project will be evaluated by Staff for compliance with all applicable objective plans, regulations, policies, development standards and Objective Design Standards. If the project is in compliance, the City will issue an approval within the required timeline. b.

S
treamlined Ministerial Approval. If a project qualifies for streamlined ministerial approval, staff will review the application to determine compliance with all applicable and objective plans, regulations, policies, development standards and design standards.
i.

I
f Staff determines the project to be in compliance with all applicable and objective plans, regulations, policies, development and design standards then the project goes to Planning Commission for its final consideration and approval. The Planning Commission may consider the entire project (site plan, floor plan, elevations, landscaping, context, etc.), but ultimately cannot impose conditions that would have the effect of “impacting the development’s ability to provide housing,” (i.e., precluding the applicant’s ability to achieve the proposed density). The Planning Commission may make recommendations or impose subjective conditions if the condition does not impact the project’s ability to provide housing, such as physically or financially impacting the proposed density. The applicant may submit justifications regarding how any such conditions may impact the density of the project.
ii.

I
f Staff determines the project is not in compliance, they shall provide the applicant with written documentation identifying the specific provision(s) and an explanation of the reason for the inconsistency. The applicant then has several options for how to proceed:
a.)
T
he project applicant can make revisions to bring the project into compliance. b.) T
he project applicant can choose not to make revisions to the project, forfeits the benefits of Streamlined Ministerial Planning Review, and elects to follow the Discretionary Planning Review process.
c.) T
he project applicant may appeal the determination of non-compliance to the Planning Commission (see Section 6.03.13 (Appeals)).

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6. P ermit Conditions.
a. T
erm. Unless otherwise required by State law, Ministerial Planning Review approvals shall automatically expire three years from the date of the final action establishing that approval, unless otherwise provided in the permit, from and after the date of issuance of the development permit if within such three-year period, pursuant to and in accordance with the provisions of the Ministerial Planning Review approval (Government Code Section 65913.4). The duration of the approval may be extended as provided for in State law.
b.

Mod
ifications. Modifications to the development subsequent to the approval of a Ministerial Planning Review approval but prior to issuance of a final building permit shall be granted in compliance with State law (Government Code Section 65913.4).

F. P lanning Review – Discretionary.

1. A pplicability.

Discretionary planning review applies to all projects requiring Planning Commission approval (such as Conditional Use Permits and Variances) and all projects that do not qualify for administrative or ministerial planning review. If a project does qualify for streamlined ministerial approval under State law, but the applicant seeks exceptions or modifications to the City’s standards, the project is subject to the Discretionary Planning Review process.

2. R
eview Authority.

The Planning Commission shall be the review authority for Discretionary Planning Reviews.

3. R
eduction in Density or Floor Area Ratio Prohibited.

Planning review shall not result in a reduction in the residential density or the allowable square footage of a proposed project.

4. D
iscretionary Planning Review Criteria/Conditions of Approval When conducting planning review, the review authority shall evaluate applications to ensure that they satisfy the following criteria, conform to the policies of the General Plan and any applicable specific plan, project master plan or development agreement, objective design standards, and any adopted design guidelines, and are consistent with any other policies or guidelines the City Council may adopt for this purpose. In addition, outside agencies may impose conditions of approval, as applicable. To obtain planning review approval, projects must satisfy the following criteria/findings to the extent they apply. a.

Ge
neral Plan Consistency. Consistency with General Plan policies and any applicable specific plan, project master plan or development agreement.
b. S
tandards Consistency. Consistency with applicable objective development standards and design standards and/or design guidelines adopted by the City Council. c.

O
verall Function and Design. The project design is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community. The overall design of the project, including its scale, massing, site plan, exterior design, and landscaping, will enhance the appearance and features of the project site and surrounding natural and built environment.
d.

Si
te Design. Structures within the development and between the structures and the site relate to one another. Proposed structures and related site development improvements (e.g., access, parking, grading, etc.) relate and connect to existing development in the vicinity. The site is designed to promote efficient circulation and encourage a range of transportation modes by providing safe and convenient routes for pedestrians and cyclists. Projects incorporate necessary utilities and service areas (e.g., refuse and recycling enclosures) such that they are compatible with the overall design of the project and minimize visual impacts.
e.

B
uilding Design. Buildings are designed to mediate scale, massing, and bulk, reflect a human scale design, and enhance the pedestrian experience through building modulation and facade articulation treatments. The project architecture is harmoniously integrated internally and in relation to the architecture in the vicinity in terms of colors and materials, scale, and building design. The design is sensitive to and compatible with historic and low-density or sensitive uses in the vicinity.

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f. S treetscape. The design of streetscapes, including street trees, lighting, and pedestrian furniture, is consistent with the intended character of the area.
g. P
arking. Parking areas are designed and developed to provide adequate parking, buffer surrounding land uses, compliment pedestrian-oriented development, enhance the environmental quality of the site (e.g., by minimizing stormwater run-off and the heat-island effect), and achieve a safe, efficient, and harmonious development. Parking areas are properly sited, designed, and screened to minimize the impacts of parking and vehicles on the pedestrian experience. h.

S
creening and Fencing/Walls. Fences, walls, and other visual screening elements are made of high- quality materials, add visual interest, are compatible with the character of surrounding development, and help community members differentiate between public and private property. Appropriate screening is provided between incompatible uses.
i.

L
ighting. Lighting and lighting fixtures are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, and avoid creating glare.
j.

L
andscaping. Landscaping is designed to be compatible with and enhance the architectural character and features of the buildings on site, conserver water, provide buffers or screening, and help relate the building to the surrounding landscape.
k.

C
onsistency and Compatibility. Project details, materials, signage, and landscaping, are internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the proposed architectural design.
l.

P
ublic Art Component. Public art is provided in satisfaction of Chapter 3.06. Art in Public Places. m. T
he project will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare.

G. N otice of Decision; Appeals; Expiration, Extensions, and Modifications.

1. No tice of Decision.
a. P
lanning Review by the Director. Where Planning Review is conducted by the Director, Notice of Decision shall be provided pursuant to Section 6.03.10 (Timing and Notice of Decision and Findings Required). The Director shall provide a report at every regularly scheduled Planning Commission meeting of administrative decisions made by the Director or his/her designee. b.

P
lanning Review by the Planning Commission. Where Planning Review is conducted by the Planning Commission, Notice of Decision of Planning Review shall be provided concurrently with the associated project approval (such as the Conditional Use Permit or Variance). See Section 6.03.10 (Timing and Notice of Decision and Findings Required).

2. Ap
peals.

Planning Review decisions are subject to the appeal provisions of Section 6.03.13 (Appeals).

3. E
xpiration, Extensions, and Modifications.

Planning Review approval is effective and may only be extended or modified as provided for in Chapter

6.03 (Common Procedures).

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6.04.04. u se Permits
A. Pu rpose.

The Use Permit review and approval process is intended to apply to uses that are generally consistent with the purposes of the zoning district where they are proposed but require special consideration to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties.

B. A pplicability.

Approval of a Use Permit is required for uses or developments specifically identified in Article 2 (Zone Regulations) and/or any other section of this Code which requires a Use Permit.

C. R eview Authority.

1. Ad ministrative Use Permits.

The Director shall approve, conditionally approve, or deny applications for Administrative Use Permits based on consideration of the requirements of this Chapter. The Director may, at his/her discretion, refer any application for an Administrative Use Permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the Planning Commission for a decision rather than acting on it himself/herself. In that case, the application shall be processed as a Conditional Use Permit.

2. C
onditional Use Permits.

The Planning Commission shall approve, conditionally approve, or deny applications for Conditional Use Permits based on consideration of the requirements of this Section.

D. A pplication Requirements.

Applications for Use Permits shall be filed with the Planning Division on the prescribed application forms. In addition to any other application requirements, the application for a Use Permit shall include data or other evidence in support of the applicable findings required by Subsection 6.04.04.F (Required Findings), below.

E. Pu blic Notice and Hearing.

1. C onditional Use Permits.

All applications for Conditional Use Permits shall require public notice and hearing before the Planning Commission pursuant to Chapter 6.03 (Common Procedures).

2. Ad
ministrative Use Permits.

Administrative Use Permit applications do not require public hearings, but do require public noticing per Section 6.03.08 (Public Notice).

F. R equired Findings.

The decision-maker must make all of the following findings in order to approve or conditionally approve a Use Permit application. The inability to make one or more of the findings is grounds for denial of an application.

1. T
he proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Code and all other titles of the Municipal Code;

2. T
he proposed use is consistent with the General Plan and any applicable Specific Plan;

3. T
he proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;

4. T
he proposed use complies with any design or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of this Code;

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5. T he design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity; and

6. T
he site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.

G. C onditions of Approval.

In approving a Use Permit, the decision-maker may impose reasonable conditions or restrictions deemed necessary to:

1. E
nsure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;

2. A
chieve the general purposes of this Code or the specific purpose of the zone in which the project is located;

3. A
chieve the findings for a Use Permit listed in Subsection 6.04.04.F (Required Findings), above; or

4. M
itigate any potentially significant impacts identified as a result of environmental review conducted in compliance with CEQA.

In addition, the City may impose conditions or restrictions, as applicable, from external review agencies. The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

H. N otice of Decision; Appeals; Expiration, Extensions, and Modifications.

1. No tice of Decision . Notice of Decision shall be provided pursuant to Section 6.03.10 (Timing and Notice of Decision and Findings Required).

2. Ap
peals. A decision of the Director may be appealed to the Planning Commission and a decision of the Planning Commission may be appealed to the City Council, as provided in Section 6.03.13 (Appeals).

3. E
xpiration, Extensions and Modifications. Use Permits are effective and may only be extended or modified as provided for in Chapter 6.03 (Common Procedures).

6.04.05. te mporary u se Permits
A. P urpose and Applicability.

This Chapter establishes a process for review and approval of certain uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur.

A Temporary Use Permit is required prior to establishing, commencing, or engaging in any of the temporary uses specified in Section 4.26.04 (Allowed Temporary Uses and Associated Standards) and Article 2 (Zone Regulations).

B. R eview Authority.

The Director shall act as the Review Authority for Temporary Use Permits based on consideration of the requirements of this Section.

C. A pplication.

Unless specified otherwise in Chapter 4.26 (Temporary Uses), an application for a Temporary Use Permit shall be submitted at least 30 days before the use is intended to begin, pursuant to Section 6.03.03 (Application Forms and Fees, and Reapplications).

D. R equired Findings.

The Director must make the following findings to approve or conditionally approve a Temporary Use Permit application. The inability to make one or more of the findings is grounds for denial of an application.

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1. T he proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the City;

2. T
he proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas; and

3. T
he proposed use meets all of the standards specified in Section 4.26.04 (Allowed Temporary Uses and Associated Standards).

E. C onditions of Approval.

The Director may impose reasonable conditions deemed necessary to ensure compliance with the findings for a Temporary Use Permit listed in Subsection D (Required Findings) above, including, but not limited to:

1. R
egulation of ingress, egress, and traffic circulation;

2. R
egulation of fire protection and access for fire vehicles;

3. R
egulation of lighting and signage;

4. R
egulation of hours of operation, staffing, or other aspects of the use; and

5. R
emoval of all trash, debris, temporary structures, and electrical service.

In addition, the City may impose conditions or restrictions, as applicable, from external review agencies. The Director may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

6.04.06. A dministrative Variances and Variances
A. Pu rpose.

This Chapter is intended to provide a mechanism for relief from the strict application of this Ordinance where this will deprive the property owner of privileges enjoyed by similar properties because of the subject property’s unique and special conditions.

B. A pplicability.

Variances may be granted to vary or modify dimensional and performance standards, but Variances may not be granted to allow uses or activities that this Ordinance does not authorize for a specific lot or site.

C. A pplication Requirements.

Applications for an Administrative Variance or Variance shall be filed with the Community Development Department on the prescribed application forms in accordance with the procedures in Chapter 6.03 (Common Procedures). In addition to any other application requirements, the application for an Administrative Varianceor Variance shall include data or other evidence showing that the requested Administrative Variance or Variance conforms to the required findings set forth in this Section.

D. A dministrative Variances.

This section sets forth the requirements for Administrative Variances, which are minor deviations from otherwise applicable standards when the small size of the modification requested, and the unlikelihood of any adverse effects on nearby properties or the neighborhood, make it unnecessary to complete a regular Variance process.

1. R
eview Authority.

The Director shall approve, conditionally approve, or deny applications for Administrative Variances based on the requirements and considerations in the Section.

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2. A pplicability and Requirements.

The Director may grant an Administrative Variance for adjustments from the development standards in this Code where, in his/her opinion, the intent of the ordinance can be achieved and equal performance obtained by granting an Administrative Variance. The authority to grant such variances shall be limited to requests that do not exceed a 20 percent deviation in the development standards for the following:
a.

L
ot area
b. L
ot width
c.

R
equired yards
d. P
arking regulations
e. E
ncroachments into required yards

3. R
equired Findings for Administrative Variances.

The Director may approve or approve with conditions an Administrative Variance application if all of the following findings are made.
a. T
here are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zone, and that the granting of an Administrative Variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone; b.

T
he granting of the application is necessary to prevent a physical hardship which is not of the applicant’s own actions or the actions of a predecessor in interest; c.

T
he granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and
d.

T
he granting of the Administrative Variance will be consistent with the general purposes and objectives of this Code, any applicable specific plans, and of the General Plan.

4. P
ublic Notice.

An application for an Administrative Variance shall require public noticing per Chapter 6.03 (Common Procedures). An Administrative Variance application does not require a public hearing.

E. V ariances.

1. R eview Authority.

All other Variances that do not qualify as an Administrative Variance shall be reviewed and approved or denied by the Planning Commission based on consideration of the requirements of this Section.

2. A
pplicability.

All variances that do not meet the requirements for an Administrative Variance shall go through the Variance review and approval process.

3. P
ublic Notice and Hearing.

An application for an Administrative Variance or Variance shall require public noticing and hearings before the Planning Commission per Chapter Chapter 6.03 (Common Procedures).

4. R
equired Findings for Variances.

After conducting a public hearing, the Planning Commission may approve or conditionally approve a Variance application if all of the following findings are made. The Commission shall deny an application for a Variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination.
a.

T
here are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zone, and that the granting of a Variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone; b.

T
he granting of the application is necessary to prevent a physical hardship which is not of the applicant’s own actions or the actions of a predecessor in interest;

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c. T he granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and
d. T
he granting of the Variance will be consistent with the general purposes and objectives of this Code, any applicable specific plans, and of the General Plan.

5. C
onditions of Approval.

In approving a Variance, the Planning Commission may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Subsection E.4 (Required Findings for Variances) above, and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

F. N otice of Decision; Appeals; Expiration, Extensions, and Modifications.

1. No tice of Decision.

Notice of Decision shall be provided pursuant to Section Section 6.03.10 (Timing and Notice of Decision and Findings Required).

2. Ap
peals.

The applicant or any other aggrieved party may appeal a decision on an Administrative or Variance pursuant to the provisions of Section 6.03.13 (Appeals).

G. E xpiration, Extensions and Modifications.

1. V ariances are effective and may only be extended or modified as provided for in Chapter 6.03 (Common Procedures).

6.04.07. re asonable Accommodation
A. Pu rpose.

This Chapter establishes the procedures to request Reasonable Accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (“the Acts”) in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval.

B. A pplicability.

1. A re quest for Reasonable Accommodation may be made by any person with a disability, their representative, or any other entity, when the application of zoning law or other land use regulation, policy, or procedure acts as a barrier to fair housing opportunities.

2. A p
erson with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment.

3. A re
quest for Reasonable Accommodation may include a change or exception to the practices, rules, and standards for the development, siting, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

C. R eview Authority.

The Director shall act as the Review Authority for Reasonable Accommodation applications based on consideration of the requirements of this Section. Requests submitted for concurrent review with another discretionary land use application shall be reviewed by the Review Authority for the discretionary land use application.

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D. A pplication.

An application for a Reasonable Accommodation shall be prepared, filed, and processed in compliance with Section 6.03.03 (Application Forms and Fees, and Reapplications). No noticing or public hearing are required for a Reasonable Accommodation request. In addition to any other information required under the City of Indio Municipal Code, an applicant submitting a request for Reasonable Accommodation must provide the following information:

1. D
escription of the accommodation request;

2. T
he applicant’s name, address, and telephone number;

3. L
ocation of the subject property, including address and assessor’s parcel numbers;

4. N
ame and address of the property owner and the owner’s written consent to the application;

5. T
he current actual use of the subject property;

6. V
erifiable documentation of the individual’s disability status;

7. T
he regulation(s), policy, or procedure for which accommodation is sought;

8. R
eason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling; and

9. A
dditional information necessary for Planning Division staff to facilitate proper consideration of the request, consistent with fair housing laws.

E. P rocedures.

The Director shall make a written determination within 90 days for non-concurrent review requests of the application being deemed complete and either approve, modify, or deny a request for Reasonable Accommodation in compliance with Subsection F (Required Findings), below. For concurrent review requests, the decision to approve, modify, or deny a request shall be made at the same time as the decision for the discretionary land use application(s).

F. R equired Findings.

The Review Authority must consider all of the following factors in order to approve or deny a request for Reasonable Accommodation that will be consistent with the Acts.

1. Wh
ether the housing, which is the subject of the request, will be used by an individual defined as disabled under the Acts;

2. Wh
ether the request for Reasonable Accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

3. Wh
ether the requested Reasonable Accommodation would impose an undue financial or administrative burden on the City; and

4. Wh
ether the requested Reasonable Accommodation would require a fundamental alteration of a City program or law, including but not limited to land use and zoning.

G. C onditions of Approval.

In granting a request for Reasonable Accommodation, the Review Authority may impose any conditions of approval deemed reasonable and necessary to ensure that the Reasonable Accommodation would comply with the findings required herein. The conditions shall also state whether the accommodation granted shall terminate if the recipient of the accommodation was requested no longer resides on the property.

H. Ap peals, Expiration, Extensions, and Revisions.

1. Ap peals.

Reasonable Accommodation decisions may be appealed as provided for in Section 6.03.13 (Appeals).

2. E
xpiration, Extensions, and Revisions.

Reasonable Accommodations may only be expired, extended, or revised as provided for in Chapter 6.03 (Common Procedures). A Reasonable Accommodation shall terminate if the accommodation is no longer required, or if the recipient of the accommodation no longer resides at the property.

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6.04.08. ce rtificate of Public co nvenience or
ne
cessity
A. Pu rpose.

1. P ublic convenience or necessity is a tool for local governments and communities to limit the issuance of new Alcoholic Beverage Control (ABC) licenses and alcohol outlets. Current State law limits the issuance of new licenses in geographical areas defined as areas of “undue concentration.” New alcohol outlets can be allowed in areas of undue concentration only if it is determined by the City of Indio that they would serve a “public convenience or necessity” (PCN).

2. S
tate law defines “undue concentration” in an area if either of the following conditions exists:
a. T
he proposed site is located in a district where there is a 20 percent greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency; or b.

T
he ratio of off-sale/on-sale retail licenses to population in the census tract or census division in which the applicant’s premises is located exceeds the ratio of off-sale/on-sale retail licenses to population in the county in which the applicant’s premises is located.

B. R eview and Consideration Process.

1. O nce the ABC has determined that a specific location is in an area of “undue concentration” for alcohol licenses and has notified the City of such, an applicant shall make application to the City and pay all required fees for the processing of a Certificate of Public Convenience or Necessity.

2. U
pon receipt of the application and fee, the Community Development Department will route the application to all pertinent parties for review and comment on the requested Certificate.

3. F
ollowing the end of the review period, the Community Development Department shall schedule a public hearing before the City Council and conduct required public noticing in accordance with Section 6.03.08 (Public Notice).

C. D ecision-Making Criteria.

Following the close of the City Council public hearing, the City Council shall issue a decision approving, conditionally approving, or denying the Certificate of Public Convenience or Necessity. In reaching its decision, the City Council shall make findings and shall consider the following factors:

1. Wh
ether or not the proposed use is consistent with the General Plan and Development Code.

2. Wh
ether or not the proposed use is compatible with the nature, condition, and character of adjacent land uses.

3. Wh
ether or not the proposed use would have an adverse effect on adjacent land uses.

4. Wh
ether or not the proposed use would result in an excessive number of similar establishments in close proximity.

D. C onditions of Approval.

The City Council in issuing a decision to grant a Certificate may apply conditions of approval to address impacts resulting from alcohol related activities at the subject property.

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ADOPTED X.XX.22
ArtIcL E 6 | AdM InI S trAtIo n + Pr ocedureS

6.05. o t H Er tYP ES o F PLAnS

6.05.01. P lanned de velopments
A. P urpose and Applicability.

This Section establishes procedures and requirements for Planned Developments. Additional information on the Planned Development Overlay (PD) zone can be found in Section 2.07.04 (Planned Development Overlay (PD)) of Article 2.

B. R eview Authority.

A Planned Development (PD) Overlay Zone must be adopted by the City Council. A public hearing before the Planning Commission is required prior to City Council review, and the Planning Commission shall make a recommendation to the City Council.

C. P rocedures.

1. In itiation.

An application for a PD Overlay Zone shall be initiated by a property owner or authorized agent, or by the Director, Planning Commission, or City Council. If the property is not under a single ownership, all owners must jointly file the application, and a map showing the extent of ownership shall be submitted with the application.

2. A
pplication Contents.

A qualified applicant shall apply for a PD Overlay Zone on a form prescribed by the Community Development Department accompanied by the required fee. The Director may require an applicant to submit additional information and supporting data as considered necessary to process the application.

3. Zo
ning Amendment.

An application for a PD Overlay Zone shall be processed as an amendment to the Zoning Map, according to the procedures of Chapter 6.06 (General Plan and Zoning Amendments), and shall include a PD Permit/ Plan.

4. PD
Permit.

A PD Permit is required and shall be processed in the same manner as a Conditional Use Permit application, pursuant to Section 6.04.04 (Use Permits).

5. T
entative Subdivision Map.

When a PD Permit requires the submission of a tentative subdivision map, this map and all supporting documents shall be prepared and submitted concurrently with the application of the PD.

D. R equired Findings.

A PD Permit and subsequent PD Overlay Zoning Map Amendment shall only be approved if all of the following findings are made:

1. T
he proposed development is consistent with the General Plan and any applicable specific plan, including the density and intensity limitations that apply;

2. T
he subject site is physically suitable for the type and intensity of the land use(s) being proposed;

3. A
dequate transportation facilities and public services exist or will be provided in accordance with the conditions of development plan approval, to serve the proposed development; and the approval of the proposed development will not result in an increase in traffic levels or a reduction of levels of public services so as to be a detriment to public health, safety, or welfare;

4. T
he proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area;

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5. T he development generally complies with applicable adopted design standards and guidelines; and

6. T
he proposed development will achieve superior community design, environmental preservation and/ or substantial public benefit as compared to the development that would occur under the standards applicable to the underlying base zone.

E. C onditions of Approval.

In approving a PD Permit and PD Overlay Zone, the Review Authority may impose reasonable conditions deemed necessary to:

1. E
nsure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies that the City has adopted;

2. A
chieve the general purposes of this Code or the specific purpose of the zone in which the project is located;

3. A
chieve the findings listed above; or

4. M
itigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act.

F. E xpiration and Extension.

1. E xpiration.
a. PD
Permit. A PD Permit shall expire two years after the effective date unless actions specified in the conditions of approval have been taken, or a building permit has been issued and construction diligently pursued. An approved PD Permit may specify a development staging program exceeding two years.
b.

T
entative Map. Where a tentative map has been approved in conjunction with a PD Permit, the PD Permit shall expire upon the expiration of the tentative map. c.

P
hased Development. If the applicant intends to develop the project in phases, and the Review Authority approves phased development, the PD Permit shall remain in effect so long as not more than one year lapses between the end of one phase and the beginning of the next phase.

2. E
xtension.

The Director may approve extensions of time for PD Permits/Plans, including those approved by the Planning Commission or City Council, in accordance with the following:
a.

S
uch extensions shall be approved only when it is found that the circumstances under which the permits were granted have not substantially changed.
b. A
t the discretion of the Director, such extensions shall be approved for not more than two years. Any requests for extensions beyond two years shall be reviewed by City Council.

G. Am endments of Approved Plans.

1. A mended Plans.

Amendments to a PD Overlay Zone or PD Permit/Plan may be requested by the applicant or its successors. Amendments to the approved Permit/Plan shall be classified as major or minor amendments.

Upon receipt of an amendment application, the Director shall determine if the proposed amendment constitutes a major or minor amendment.

2. M
ajor Amendments.

Major amendments to an approved PD Overlay zone or PD Permit/Plan shall be considered by the City Council at a duly noticed public hearing. An amendment will be deemed major if it involves one or more of the following changes.
a.

A c
hange in the boundary of the PD Overlay Zone;
b. A
n increase or decrease in the number of dwelling units for the PD Overlay Zone that is greater than the maximum or less than the minimum stated in the PD Permit/Plan; c.

A
n increase or decrease in the floor area for any non-residential land use that results in the floor area exceeding the minimum or maximum stated in the PD Permit/Plan;