Agenda — Indio City Council, September 21, 2022 (part 3 of 13)

Second Reading of Ordinance No. 1782 repealing Chapter 150 (Billboards a... Page 244 of 1610 ADOPTED X.XX.22 Article 2 | 35
Article 2 | ZONE REGUL ATION S

MIXED-USE ZONES
Use1 CN-14 CN-20 NC MUN MT Additional/Specific Use
Regulations
Residential Uses
Accessory Dwelling Unit (ADU) and Junior
Accessory Dwelling Unit (JADU) A A A A A See Chapter 4.02 (Accessory Dwelling Units)
Caretaker's Unit X X X X X
Child Day Care in a Home, Large AUP AUP AUP AUP AUP
See Chapter 4.08 (Child Day Care in a
Home (Small and Large) and Day Care
Centers)
Child Day Care in a Home, Small P P P P P
See Chapter 4.08 (Child Day Care in a
Home (Small and Large) and Day Care
Centers)
Cottage Industry A, AUP A, AUP A, AUP A, AUP A, AUP See Chapter 4.11 (Cottage Industry) Emergency Shelter X X X X X See Chapter 4.13 (Emergency Shelters) Group Residential Home CUP CUP CUP CUP CUP
Home Occupation A A A A A See Chapter 4.14 (Home Occupations) Cottage Food Operation A, AUP A, AUP A, AUP A, AUP A, AUP See Chapter 4.10 (Cottage Food Operations)
Live/Work P P P P P See Chapter 4.15 (Live/Work)
Manufactured/Mobile Home Park CUP CUP X X X See Chapter 4.16 (Manufactured/ Mobile Home Park)
Residential Care Facilities, Large CUP CUP CUP CUP CUP
Residential Care Facilities, Small P P P P P
Residential Housing Types
Single-Family Dwelling, Detached P P P AUP AUP
Single-Family Dwelling, Attached P P P P P
Two-Family Dwelling/Duplex P P P AUP AUP
Multi-Family Dwelling, Triplex/Quadplex P P P P P
Multi-Family Dwelling, ≥ 5 Units P P P P P
Mobile Home CUP CUP X X X See Chapter 4.16 (Manufactured/ Mobile Home Park)
Manufactured/Modular/Prefabricated
Dwelling Unit CUP CUP CUP CUP CUP See Chapter 4.16 (Manufactured/ Mobile Home Park)
Single-Room Occupancy CUP CUP CUP AUP AUP
Supportive Housing CUP CUP CUP CUP CUP
Transitional Housing CUP CUP CUP CUP CUP
Yard Sales (Temporary) P P P P P See Chapter 4.26 (Temporary Uses) Retail, Service, and Office Uses
Adult-Oriented Business X X X X X See Chapter 4.02 (Adult-Oriented Businesses)
Alcohol Sales, Off-Sale X X CUP CUP CUP
Animal Sales and Services X X P P P
ATM (Accessory Use) A A A A A
Bail Bonds X X X X CUP See Chapter 4.05 (Bail Bonds)
Banks, Financial, and Savings and Loan
Institutions

X P P P P
Drive-through financial institutions are
covered under “Drive-Through, NonRestaurant”

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Article 2 | 36

MIXED-USE ZONES
Use1 CN-14 CN-20 NC MUN MT Additional/Specific Use
Regulations
Building Materials Sales and Services X X X X X
Business to Business Support Services X X X X X
Check-Cashing Businesses X X X CUP CUP See Chapter 4.07 (Check-Cashing Businesses)
Convenience Market X X CUP CUP CUP
Food Preparation, Commercial X X P P P
Fortunetelling, Palm and Card Reading AUP AUP P P P
Funeral Homes and Mortuaries X X AUP AUP AUP
General Retail ≤ 5,000 sf P1 P1 P P P
General Retail 5,000 sf - 25,000 AUP AUP P P P
General Retail/Superstore > 25,000 X X AUP2 AUP2 AUP2
Grocery Store X CUP P P P
Hospital X X X CUP CUP
Kennels/Boarding, Commercial X X AUP AUP AUP
Kiosk/Outdoor Vending X X A A A
Laundromat X X P P P
Massage Establishment, Accessory Use X X A A A
Massage Establishment, Stand-Alone X X CUP CUP CUP See Chapter 4.17 (Massage Establishment (Stand-alone))
Medical Services, Extended Care X X X CUP CUP
Medical Services, Medical/Dental/Holistic/
Clinic P P P P P
Medical Services, Urgent Care X X P P P
Mini-Storage Warehousing or Facility X X X X X
Neighborhood Market P P P P P
Nursery/Garden Center X X X X X
Offices, Processing X X X X X
Offices, Professional/Administrative P P P P3 P3
Offices, Service P P P P P
Outdoor Display (Accessory) A A A A A
Pawnshop X X CUP CUP CUP See Chapter 4.20 (Pawnshops)
Personal Services P P P P P
Research and Development X X X CUP CUP
Smoke Shops X X CUP CUP CUP See Chapter 4.23 (Smoke Shops) Smoking Lounge X X AUP AUP AUP
Swap Meet, Outdoor (Temporary) X X TUP TUP TUP See Chapter 4.26 (Temporary Uses) Tattoo/Body Art/Piercing X X AUP AUP AUP See Chapter 4.24 (Tattoo/Body Art/ Piercing Establishment)
Resale/Consignment/Thrift Shop X X AUP AUP AUP See Chapter 4.22 (Resale/ Consignment/Thrift Shops)
Veterinary Hospitals X X AUP AUP AUP

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Article 2 | ZONE REGUL ATION S

MIXED-USE ZONES
Use1 CN-14 CN-20 NC MUN MT Additional/Specific Use
Regulations
Utility, Transportation, and Communication Uses
Airports and Heliports X X X X X
Communications, Facilities within Buildings X X X X X
Communications, Telecommunications/Large
Commercial Antennas X X X X X
See Chapter 4.25
(Telecommunications/Wireless
Facilities)
Communications, Telecommunications/Small
Wireless Facilities AUP AUP AUP AUP AUP
See Chapter 4.25
(Telecommunications/Wireless
Facilities)
Freight/Trucking Facility X X X X X
Light Fleet-Based Services X X X X X
Mobile Recycling Unit A, AUP A, AUP A, AUP A, AUP A, AUP Parking Lots and Structures X X A, AUP A, AUP A, AUP
Passenger Transportation Facilities CUP CUP CUP CUP CUP Bus stops are allowed in all zones.

Public Utilities, Major X X X X X
Public Utilities, Minor AUP AUP AUP AUP AUP
Renewable Energy System (Primary Use) X X X X X
Renewable Energy System, Building-Mounted
(Accessory) A A A A A
Renewable Energy System, Stand-Alone or
Ground Mounted (Accessory) A, CUP A, CUP A, CUP A, CUP A, CUP Recycling Collection Facility X X X X X
Recycling Processing Facility X X X X X
Reverse Vending Machine (Accessory) X X A A A
Utility Yard X X X X X
Notes:

1. Uses shall be consistent with criteria of the Bermuda Dunes Airport Compatibility Plan, including applicable County-wide criteria as may exist at the time of project review. If the project is located in the Bermuda Dunes Airport Influence Areas, compatibility zones and regulations apply. Please see Riverside County Airport Land Use Commission Staff (www.rcaluc.org) and Indio Planning Staff for the most up-to-date regulations.

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2.03.03. Development Regulations
Tables 2.03.03-1 and 2.03.03-2 prescribe the development standards for the mixed-use zones. Additional regulations are also denoted in the righthand column. Section numbers in this column refer to other sections of this Code.

Table 2.03.03–1: Development Standards – Mixed-Use Zones – Middle Housing

MIXED USE - MIDDLE HOUSING ZONES
Standards CN-14 CN - 20 NC Additional Regulations
Lot and Density Standards1
Non-Residential Maximum
Floor Area Ratio 0.25 0.25 0.5
Residential Density (units/acre)
Minimum > 8.0 > 14.0 0 Applies to new development only.

Maximum 14.0 20.0 20.0
See Indio Municipal Code Chapter 154 (Density
Bonuses and Other Incentives for Low Income
and Senior Housing)
Minimum Development
Project Site (sf) (for new
lots)
10,000 10,000 10,000
Minimum Development
Project Site Width (ft) (for
new lots)
60 60 60
Minimum Development
Project Site Depth (ft) (for
new lots)
100 100 100
Minimum Lot Size per
Dwelling Unit (sf) (for new
lots)
2,500 1,800 1,800
See Section 2.03.04 (Small-Lot Detached
Single-Family Homes) for maximum lot size and
unit size for small-lot detached single-family
homes.

Minimum Lot Width per
Dwelling Unit (ft) (for new
lots)2
30 20 20
Attached Single-Family Homes/Townhomes:

A minimum lot width of 30 to 40 feet may be
necessary for townhomes with double loaded
attached garages in front and to comply with
parking location and design requirements.

Minimum lot width may be reduced to 20 feet
if garages are single-car wide, detached and/or
accessed from an alley.

Small-Lot Detached Single Family Homes:

A lot width of 35 feet may be necessary for
small-lot single-family homes with attached
double loaded garages in front and to comply
with parking location and design requirements.

Lot width may be reduced to 30 feet if garages
are single-car wide, detached and/or accessed
from an alley.

Minimum Lot Depth (ft) (for
new lots) 80 60 60

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Article 2 | ZONE REGUL ATION S

MIXED USE - MIDDLE HOUSING ZONES
Standards CN-14 CN - 20 NC Additional Regulations
Building Form and Location
Maximum Height (ft) /
Stories (ft) 40/3 stories 40/3 stories 40/3 stories Projects must comply with both stories and overall height maximums.

Maximum Height (ft) – w/
Architectural Features 45 45 45
Architectural features include rooftop stair
access and elevator shafts, mechanical
equipment, or other rooftop amenities, as
approved by City staff. See 3.01.03 (Measuring
Heights).

Minimum Ground Floor
Height – Non-Residential
(Floor to Floor)
15 15 18
Distance between Main
Structures (ft)
Main structures and accessory structures shall
be located no closer than 15 ft to any other main
structure or to another accessory structure, except
as required by adopted Building or Fire Codes
Building Site Setbacks (ft)3 See Figure 2.03.05-1
Front – Minimum 10 10 10
Front – Maximum
(Residential Ground Floor)4 25 25 20 Parking not permitted in front setback area.

Front – Maximum (NonResidential Ground Floor) 4 15 15 15 Street Side – Minimum 10 10 10
Street Side – Maximum
(Residential Ground Floor) 4 20 20 15
Street Side – Maximum (NonResidential Ground Floor) 4 10 10 10 Interior Side – Minimum
5; 10 ft abutting
residential
zones
5; 10 ft abutting
residential
zones
0; 10 ft abutting
residential zones
Rear – Minimum 10 15; 20 ft abutting
residential zones
15; 20 ft abutting
residential zones
Lot Setbacks – Minimums (ft) See Figure 2.03.05-1
Front – Minimum
(Residential Ground Floor) 10 5 10
For single-family attached and detached
dwelling units, garage shall be set back at
minimum 5 feet behind the front facade.

Front – Minimum (NonResidential Ground Floor) 0 0 0
Street Side – Minimum
(Residential Ground Floor) 10 5 10
Street Side – Minimum (NonResidential Ground Floor) 0 0 0 Interior Side – Minimum 5 5 5
Only applies to detached single-family
dwellings and the ends of attached singlefamily dwellings.

Interior Side – Zero Lot Line/
Common Wall Developments
10 ft minimum on one side of the dwelling unit, and
no setback required on the opposite side See Section 2.03.04.D (Zero Lot Line Option) Rear – Minimum 20
15 ft (not
abutting
residential
zones); 20
ft (abutting
residential
zones)
15 ft (not
abutting
residential
zones); 20
ft (abutting
residential
zones)
Not additive with building site (inclusive). See
Figure 2.03.05-1 (Example Small-Lot Detached
Single-Family Residential Site Plans) illustrating
building site and lot setbacks.

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MIXED USE - MIDDLE HOUSING ZONES
Standards CN-14 CN - 20 NC Additional Regulations
Parking Frontage
Maximum Surface Parking
along Primary Frontage 30% 30% 30%
Applies to new development and major
additions or renovations (as defined in Article
7 (Definitions).

Open Space Standards
Minimum Usable Open
Space (sf per unit) – Applies
to Residential Component
300 sf total per
unit; minimum
100 sf of private
open space
required for
ground-level
units and 60 sf
of private open
space for upperlevel units
200 sf total per
unit; minimum
100 sf of private
open space
required for
ground-level
units and 60 sf
of private open
space for upperlevel units
200 sf total per
unit; minimum
100 sf of private
open space for
ground-level
units and 60 sf
of private open
space for upperlevel units
Common open space includes roof decks and
other shared common open areas.

Minimum common open space dimension is 20
feet in either direction. Setback areas are not
considered usable open space unless they are
at least 20 feet wide.

Minimum private open space is 6 feet in either
direction.

Up to 40 square feet per unit can be provided
in an indoor communal space so long as it
opens directly on to a common outdoor space.

Minimum Usable Open
Space (sf) – Applies to NonResidential Component Over
25K sf
3% of gross
floor area
3% of gross
floor area
3% of gross floor
area
Could be common open space for employees
or publicly-accessible open space.

Maximum Front Yard Paving 60% 70% 70% Includes areas devoted to parking, driveways, and walkways.

Minimum Required
Landscaping
For SFR on Individual Lots: 40% of the Minimum
Required Front Yard Area, of which half must be
planted with live plant material
For All Other Development Types: 10% of the lot, of
which half must be planted with live plant material
Excludes areas devoted to parking, driveways,
and walkways.

Additional standards for front yard landscaping
– see Section 2.03.06 (Mixed-Use and MultiFamily Residential Design Standards).

Other Standards
Accessory Structures See Section 3.02.04 (Accessory Structures) Setbacks and
Encroachments See Section 3.02.03 (Setbacks and Encroachments) Utilities, Service Areas, and
Building Equipment See Section 3.02.07 (Utilities, Service Areas, and Building Equipment) Refuse and Recycling See Section 3.02.08 (Refuse and Recycling) Landscaping See Section 3.02.09 (Landscaping)
Fences, Walls, and Screening See Section 3.02.10 (Fences, Walls, and Screening) Outdoor Lighting See Section 3.02.11 (Outdoor Lighting) Parking and Loading See Chapter 3.03 (Parking and Loading) Performance Standards See Chapter 3.04 (Performance Standards) Signs See Chapter 3.05 (Sign Regulations)

1. Densities and intensities shall be consistent with criteria of the Bermuda Dunes Airport Compatibility Plan, including applicable County-wide criteria as may exist at the time of project review. If the project is located in the Bermuda Dunes Airport Influence Areas, compatibility zones and regulations apply. Please see Riverside County Airport Land Use Commission Staff (www.rcaluc. org) and Indio Planning Staff for the most up-to-date regulations.

2. No site shall have less than the required lot width as prescribed in the applicable land use district, except lots fronting on culde-sac or knuckle streets may have 35 feet of frontage.

3. Building site setbacks are inclusive of individual lot setbacks, however, the minimum setbacks along the exterior development site boundaries shall be the greater of the setback required for the development site or the individual lot.

4. If a development provides a publicly-accessible plazas or forecourt, and there is clear visibility between the sidewalk and building entrance, the maximum setback may be waived for up to 40 percent of the building frontage. Entry courtyards, plazas, entries, or outdoor eating areas must be located adjacent to the property line, and buildings shall be built to the edge of the courtyard, plaza, or dining area.

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Article 2 | ZONE REGUL ATION S
Table 2.03.03–2: Development Standards – Mixed-Use Zones

MIXED-USE ZONES
Standards MUN MT Additional Regulations
Lot and Density Standards1
Non-Residential Maximum Floor
Area Ratio

0.5 1.0
Residential Density (units/acre)
Minimum 20.0 20.0 Applies to new development only.

Maximum 40.0 40.0
See Indio Municipal Code Chapter 154 (Density
Bonuses and Other Incentives for Low Income and
Senior Housing)
Minimum Lot Size (sf) (for new lots) 20,000 20,000
Minimum Lot Width (ft) (for new
lots)2 100 100
Minimum Lot Depth (ft) (for new
lots) 100 100
Building Form and Location
Maximum Height (ft)/Stories 55/4 stories 55/4 stories Projects must comply with both stories and overall height maximums.

Maximum Height (ft) – w
Architectural Features 60 60
Architectural features include rooftop stair access
and elevator shafts, mechanical equipment, or other
rooftop amenities, as approved by City staff. See
Section 3.01.03 (Measuring Heights).

Maximum Height Adjacent to
Single-Family Zoned Property
Within 45-degree plane from
property line at grade See Section 2.03.06.J (Neighborhood Transitions).

Minimum Ground Floor Height –
Non-Residential (Floor to Floor) 18 18
Setbacks (ft)
Front – Minimum (Residential
Ground Floor) 15 15
Front – Maximum (Residential
Ground Floor)2 25 25
Front – Minimum (Non-Residential
Ground Floor) 5 5
Front – Maximum (Non-Residential
Ground Floor)3 10 10
Street Side – Minimum (Residential
Ground Floor) 10 10
Street Side – Maximum (Residential
Ground Floor)3 20 20
Street Side – Minimum (NonResidential Ground Floor) 5 5 Street Side – Maximum (NonResidential Ground Floor)3 10 10 Interior Side – Minimum 0; 10 ft abutting
residential zones
0; 10 ft abutting
residential zones
Rear – Minimum 10; 20 ft abutting
residential zones
10; 20 ft abutting
residential zones
Alley – Minimum 5 5

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MIXED-USE ZONES
Standards MUN MT Additional Regulations
Parking Frontage
Maximum Parking Frontage Along
Primary Street4 30% 30%
No more than 30% of the primary street frontage shall
be devoted to parking garages and openings, carports,
and open/surface parking. This limitation does not
apply to frontages along alleys (See Figure 2.03.03-1.

Maximum Parking Frontage Along a Primary Street).

Open Space Standards
Minimum Usable Open Space (sf
per unit) – Applies to Residential
Component
150 sf total per
unit; a minimum
of 50% of the
units must have
60 sf of private
open space
150 sf total per
unit; a minimum
of 50% of the
units must have
60 sf of private
open space
Common open space includes roof decks and other
shared common open areas. Minimum common open
space dimension is 20 feet in either direction. Setback areas are not considered usable open space unless
they are at least 20 feet wide.

Minimum private open space is 6 feet in either
direction. Up to 40 sf per unit can be provided in an
indoor communal space so long as it opens directly on
to a common outdoor space.

Minimum Usable Open Space
(sf) – Applies to Non-Residential
Component Over 25K sf
3% of gross floor
area
3% of gross floor
area
Could be common open space for employees or
publicly-accessible open space. If the open space
is over 1,000 square feet and provided as publiclyaccessible, up to 50 percent may counted towards the required residential common open space.

Minimum Landscaping (% of lot) 10% of the lot, of which half must be planted with live plant material
Other Standards
Accessory Structures See Section 3.02.04 (Accessory Structures) Setbacks and Encroachments See Section 3.02.03 (Setbacks and Encroachments) Utilities, Service Areas, and
Building Equipment See Section 3.02.07 (Utilities, Service Areas, and Building Equipment) Refuse and Recycling See Section 3.02.08 (Refuse and Recycling) Landscaping See Section 3.02.09 (Landscaping)
Fences, Walls, and Screening See Section 3.02.10 (Fences, Walls, and Screening) Outdoor Lighting See Section 3.02.11 (Outdoor Lighting) Parking and Loading See Chapter 3.03 (Parking and Loading) Performance Standards See Chapter 3.04 (Performance Standards) Signs See Chapter 3.05 (Sign Regulations)

2. No site shall have less than the required lot width as prescribed in the applicable land use district, except lots fronting on culde-sac or knuckle streets may have 35 feet of frontage.

3. If a development provides a publicly-accessible plaza or forecourt, and there is clear visibility between the sidewalk and building entrance, the maximum setback may be waived for up to 40% of the building frontage. Entry courtyards, plazas, entries, or outdoor eating areas must be located adjacent to the property line and buildings shall be built to the edge of the courtyard, plaza, or dining area.

4. See Figure 2.03.03-1 (Maximum Parking Frontage Along a Primary Street) for an illustration of maximum parking frontage along a primary street.

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Fig ure 2.03.03–1. Maximum Parking Frontage Along a Primary Street

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2.03.04. Small-Lot Detached Single-Family Residential
For the purposes of this Code, a small-lot detached single-family residential lot/development shall be defined and regulated as follows:

A. Lot Size.

A small-lot detached single-family residential lot/development shall be defined as a detached single-family residential lot(s) of 4,000 square feet or less.

B. Unit Size.

Maximum unit size for small-lot detached single-family residential lots/developments shall be 2,500 square feet.

2.03.05. Detached Single-Family Residential Design
Standards
A. Purpose.

The following detached single-family residential design standards are intended to ensure that single-family detached homes are well-designed while allowing for flexibility and creativity. A broad range of configurations are permitted, including cluster homes, cottages, auto courts, and other configurations that meet the permitted density requirements and development standards of the applicable zone.

B. Applicability.

This Section shall apply to all developments consisting of more than one detached single-family residential structure.

C. Zero Lot Line Option.

1. All or part of the setback requirements of interior yards along property lines adjoining other private lots may be waived with the written approval of the City and the property owner of the lot adjoining the yard which is being encroached upon. This written agreement shall take the form of a zero lot line agreement which shall be recorded on the chain of title of both properties involved. The zero lot line agreement shall describe in detail the extent of said waiver. Zero lot line agreements may be executed between private property owners only. Swimming pools are not eligible for zero lot line agreements.

2. Approval of a zero lot line agreement shall be subject to the following requirements:
a. All building and fire code requirements resulting from the waiver of the setback requirement shall be met by the construction;
b. Approval shall be obtained from the fire chief to ensure that adequate fire-fighting access is retained; and c. Where the setback is reduced to less than three feet, a maintenance access easement of five feet in width shall be provided on the adjoining property.

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Article 2 | ZONE REGUL ATION S
D. Site Planning Standards.

1. Access and Connectivity.
a. Private Street Placement. Where a private
street serves more than one lot and
would abut existing single-family zoned
properties, it shall be placed where it
would abut the least number of existing
single-family zoned properties. Private
street access on corner development sites
shall be located as far as possible from
intersections. Where a private street serves
lots on both sides of the private street, the
private street shall be doubly loaded with
lots on either side.
b. Turnaround Areas. Dead-end private
streets longer than 150 feet shall provide a
vehicle turnaround area.
c. Sound Barrier Walls. The use of sound
barrier walls to buffer residential areas
from arterial, boulevard, connector,
Downtown, and local streets is prohibited.

If a development has sound barrier walls,
it shall provide frequent pedestrian
and bicycle connections between the
community and surrounding areas at
distances no more than 600 feet apart.
d. External Connectivity. Streets within
any proposed subdivision or building site
shall be aligned with existing and planned
streets in the surrounding area to create
a continuous street pattern. All streets in any subdivision or development site shall connect to other streets and to existing and planned streets outside the proposed subdivision or development to the extent feasible. Any cul-de-sac or other dead-end street longer than 300 feet shall be connected to other streets by a pedestrian path. If a development is gated, it shall provide frequent pedestrian and bicycle connections between the gated community and surrounding areas at distances no more than 600 feet apart.
e. Pedestrian Pathways/Sidewalks. Pedestrian pathways/sidewalks connecting to the public sidewalk and other planned or existing pedestrian routes or trails shall be provided. A pedestrian pathway/sidewalk shall connect the primary building entry or entries to the public sidewalk on each street frontage.

Pedestrian pathways/sidewalks a minimum five feet wide shall be provided from the public right-of-way to all primary entryways and common areas, guest parking, and centralized trash enclosures.

2. Landscaping.
a. Private Street and Pathway Landscaping. All publicly-accessible private streets and pathways shall provide a combination of trees, shrubs, and ground cover in a planting strip. Trees shall be planted at a minimum of one tree per 35 feet of linear street/path. Shrubs and groundcover shall cover at least 30 percent of the planting strip.

3. Parking.
a. Parking Location and Design.
i. Required parking shall be provided on each lot, within a common parking area, or in a combination of the two.
ii. Curb cuts and driveways providing access to parking shall be from an alley or secondary/private street, rather than from the public right-of-way, wherever such alley or secondary/private access is feasible. iii. Parking is not permitted in the front setback area for individual lots and building sites. iv. Garage doors that face the street shall not occupy more than 60 percent of the width of any streetfacing building facade. This limitation does not apply to frontages along alleys.

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Fig ure 2.03.05–1. Example Small-Lot Detached Single-Family Residential Site Plans

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Article 2 | ZONE REGUL ATION S

4. Services and Utilities.
a. Utilities. All new utility boxes and equipment and utility connections shall be undergrounded unless otherwise prohibited by the utility provider (e.g., water backflow prevention device that must be placed above ground) or the City Engineer grants an exemption following his/her determination that such undergrounding is not practicable.
b. Location of Above-ground Utilities and Service Areas. All above-ground utilities and equipment (e.g., electric and gas meters, fire sprinkler valves, irrigation backflow prevention devices, etc.), shall be integrated into building and landscape design and located to minimize impact on the pedestrian experience and neighboring properties by following the standards below:
i. Utilities and equipment shall be located on non-primary street frontages, alleys, parking areas, and/or at the rear or side of buildings.
ii. Utilities and equipment and shall not be located within the front or street side setback area of the lot or development site.
iii. Utilities and equipment shall be fully screened from view (see Subsection D.4.c (Service, Utility, and Equipment Screening)).
iv. Single-family residential development projects of less than six units do not necessitate communal or shared trash and recycling areas/containers. In such cases, no enclosure structure shall be required, however individual trash and recycling containers shall be stored in such a manner that containers are not visible or screened from public view from the front of the property. Containers may be placed in public view for purposes of collection only on the scheduled collection day and should be removed from public view following said collection. v. For single-family residential development projects with six units or more, trash and recycling containers and collection areas shall be adequate in capacity, number, and distribution to accommodate all waste generation of the site. The number of containers and collection areas shall be reviewed by the local disposal service and approved by the Director. Refuse collection areas shall be located inside of enclosures located along alleys, in parking areas, or at the rear or side of buildings and shall be fully screened from view per the screening standard below (see Service, Utility, and Equipment Screening standard in this Subsection, below). Communal refuse collection areas are prohibited on primary frontages (defined as the front lot line). c. Service, Utility, and Equipment Screening. Screening of refuse collection areas, utilities, and equipment shall meet the following standards:
i. Screening shall be equal to or higher than the height of the equipment to be screened. ii. Screening shall be made of a primary exterior finish material used on other portions of the residential units, architectural grade wood or masonry, metal, or landscape screening that forms an opaque barrier when planted.
d. Mailboxes. Mailbox clustering is not required
for single-family residential development
projects with less than six units. For singlefamily residential development projects with six units or more, mailboxes shall be
clustered (group mailboxes) and shall meet
the following standards:
i. The cluster mailbox unit(s) and any
associated shelters shall be designed using
exterior finish materials and colors used
on the surrounding residential units.
ii. Group mailboxes shall be illuminated
with lights and fixtures similar to
those used externally throughout the
development.
iii. Design and location of group mailboxes
shall conform to U.S. Post Office
requirements.

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E. Building and Facade Design Standards.

1. Architectural Variability.

For all developments involving four or more contiguous lots, there shall be multiple “distinctly different” front facade designs. No more than two houses shall be of the same front facade design as any other house directly adjacent along the same block face. Mirror images of the same configuration do not meet the definition of “distinctly different.” “Distinctly different” shall be defined to mean that a single-family dwelling’s elevation must differ from other house elevations in the following (see Facade Modulation and Articulation standard):
a. Number of stories (optional);
b. Modulation strategies - at least one;
c. Articulation strategies - at least one;
d. Variation in materials - different material palette, with a different primary material.

The number of required different front facade designs shall be in accordance with Table 2.03.05-1 (Architectural Variability).

Table 2.03.05–1: Architectural Variability
Total number of Dwelling Units Minimum Number of Facade Designs 4 - 8 2
9 – 20 3
20 - 30 4
–31 - 40 5
41 - 60 6
61 - 100 7
>100 8

2. Facade Modulation and Articulation.
a. Modulation. Residential units shall employ at least two of the following building modulation strategies:
i. Varied roof form, such as changes in roof height, offsets, change in direction of roof slope, dormers, parapets, etc.
ii. Use of balconies, front porches, overhangs, or covered patios. iii. Projections, offsets, and/or recesses of the building wall at least one foot in depth, such as bay windows, chimneys, brackets, and cornices.

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b. Articulation. All building elevations that face a street or a cluster driveway shall employ varied facade articulation of wall surfaces. Facades shall incorporate at least three of the following features, consistent in design style, that provide articulation and design interest:
i. Variation in texture or material, provided all exterior wall textures and materials are consistent with the overall architectural style of the dwelling;
ii. Building base (typically bottom three feet) that is faced with a stone or brick material, or is delineated with a channel or projection;
iii. Railings with a design pattern and materials such as wood, metal, or stone which reinforces the architectural style of the building;
iv. Decorative trim elements that add detail and articulation, such as door surrounds with at least a two-inch depth, decorative eave detailing, belt courses, etc.; v. Decorative window elements such as lintels, shutters, window boxes, etc; and/or vi. Roof overhangs at least 18 inches deep.

3. Side Elevations.

Side facades facing a private street or cluster driveway shall include details which are compatible with those on the front facade, with similar types and treatments of roofs, windows, shutters, planter boxes, and other architectural elements.

4. Building Entries.
a. Orientation.
i. Dwelling units that abut a public right-of-way shall orient the primary entryway toward the public street. Exceptions to this requirement may be approved by the Director or designee for projects where the project site is located on a major arterial, provided the facade facing the public street is designed with similar details and treatments to those of the front facade. ii. Dwelling units located in the interior of a development shall orient the primary entryway toward and visible from a private street, pedestrian pathway, or open space that is connected to a public right-of-way or private street.
b. Projection or Recess. Building entrances
shall have a roofed projection (such as a
porch) or recess with a minimum depth of
at least five feet and a minimum area of 30
square feet. Exceptions to this requirement
may be approved by the Director or
designee for alternative designs that
create a welcoming entry feature facing
the street, such as a trellis or landscaped
courtyard entry.
c. Grade. Ground floor/entry height shall be a
maximum of three feet above grade.

5. Building Roofs. Building roofs shall be
designed as follows:
a. Roof Form. Primary roof forms shall be
gable, hipped, flat, or shed. Turret/cone
style roof forms are prohibited.
b. Roof Pitch. Steep roofs with a rise to
run ratio over 6:12 (26.6 degrees) are
prohibited.

6. Window Trim or Recess. Trim at least two inch
in depth shall be provided around all windows,
or windows shall be recessed at least two
inches from the plane of the surrounding
exterior wall (see Figure 2.03.05-2 (Window
Trim or Recess)). Foam is not a permitted trim
material.

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Fig ure 2.03.05–2.Figure 2.03.052 Window Trim or Recess F. Colors and Materials.

1. Variation in Materials. Each home shall incorporate at least two materials for facades.

2. Prohibited Siding Materials. The use of plywood, vinyl, plastic (and plastic laminate), and fiberglass is prohibited.

3. Building Component Colors. All vents, gutters, downspouts, flashing, electrical conduits, etc., shall be painted to match the color of the adjacent surface.

G. Transitions and Privacy.

1. Window Placement. Windows on adjacent units shall be offset by at least three feet to avoid direct sightlines into and from neighboring properties.

2. Upper-Story Decks and Balconies. Upper-story decks and/or balconies over 20 square feet in area shall be setback a minimum of 15 feet from an off-site single-family zoned property.

3. Landscape Buffer. For development projects of six units or more, a landscaped planter strip of at least three feet in width shall be provided along the abutting property line between a small lot subdivision/ development and any adjoining low-density residential zoning district boundaries. Trees shall be planted within this area every 20 to 40 feet on center (depending on the tree species and canopy at maturity) to provide screening between the small lot subdivision/development and the adjacent low density residential uses.

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H. Open Space

1. Common Open Space.

If common open space is provided, it shall be landscaped with trees, shrubs, and groundcover, with the exception of areas used for amenities which enhance usability, such as play/exercise equipment, benches, picnic tables, swimming pools, and the like. Common open space shall have a minimum useable width of 15 feet, a slope of no more than 10 percent, be accessible by all units, and provide at least one tree. Additional trees shall be provided at a rate of 1 tree per 1,000 square feet.

2.03.06. Mixed-Use and Multi-Family Residential
Design Standards
A. Applicability.

The design standards in this Section shall be applicable to the fol lowing, unless specified otherwise:

1. All mixed-use or stand-alone multi-family residential development, redevelopment, expansions, and modifications of buildings and uses within the mixed-use zones.

2. All residential mixed-use development projects, located in other zones throughout the city (e.g., Regional Commercial).

B. Site Design - Access and Connectivity.

All applicable development projects shall comply with the following site design standards. Additional site design regulations can be found in Section 3.01.01 (Site Design) of Article 3. Where a conflict exists between the standards in Article 3 (Citywide Regulations) and this Section, this Section shall prevail.

1. Smaller Blocks and New Connections.

The following standards apply to projects
(development sites) over 5 acres in size.
a. New developments or projects shall create
smaller blocks and new connections such
as publicly-accessible streets or bicycle/
pedestrian pathways such that no new
block shall be longer than 400 feet in
length without a publicly-accessible
connection through the parcel.
b. Where a site has through access to two
parallel public or publicly-accessible rightsof-way, at least one publicly-accessible street or multi-use path (pedestrian and/
or bicycle) shall connect through the site
to another publicly-accessible sidewalk,
street, and/or bike path for every 400 feet
of parcel frontage.
c. A street shall be designed and constructed
per a classification determined by the
Director. Street designs are determined by
the City of Indio Public Works Engineering
Standards. Street rights-of-way shall be
dedicated to the City or provided as a
public access easement.

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2. External Connectivity.

Streets within any proposed development
site shall be aligned with existing and planned
streets in the surrounding area to create a
continuous street pattern. All streets in any
development site shall connect to other
streets and to existing and planned streets
outside the proposed development to the
extent feasible. Any dead-end street longer
than 400 feet shall be connected to other
streets by a pedestrian path. If a development
is gated, it shall provide frequent pedestrian
and bicycle connections between the gated
community and surrounding areas at distances
no more than 600 feet apart.

3. Vehicular Access Hierarchy.

Parking and service area access shall be
provided from the following, in order of
preference: 1) from an alley; 2) in the absence
of an existing or proposed alley, access shall
be from a driveway shared with a property
abutting the development site; 3) in the
absence of an alley or shared driveway, access
shall be from the side/lesser street abutting
the development site; 4) in the absence of a
side street, from a curb cut/driveway along
the primary street frontage. See additional
standards in Chapter 3.03 (Parking and
Loading).

4. Driveway and Curb Cuts.

These standards shall apply to driveways and
associated curb cuts providing vehicular access
to parcels improved with mixed-use and/or
multi-family residential development projects.

Alley frontages are exempt from these
standards. See also Chapter 3.03 (Parking and
Loading).
a. Driveways shall be a minimum of 50 feet
from any street intersection. For parcels
less than 75 feet wide, driveways shall be
located along the lot line farthest from the
intersection.
b. Each development project site shall be limited to one curb cut, including driveways and private/ service streets, per 400 feet of public street frontage, or two curb cuts per street frontage, whichever is less (unless otherwise required for emergency vehicle access).

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5. Pedestrian Access.

Primary entries for buildings along street
frontages shall meet the following standards
(excludes individual residential entries):
a. At least one pedestrian entry is required
for each building or tenant space on each
primary street frontage, unless a greater
number is required by the adopted Building
or Fire Codes. A single corner entry may be
provided to fulfill this requirement.
b. Primary building entries shall be at or
above the back of sidewalk grade.
c. Primary building entries shall face or be
directly visible from the public right-of-way
or a publicly-accessible path/open space. This
may be through a front porch or forecourt.

C. Services and Utilities.

1. Utilities.

All new utility boxes and equipment and utility connections shall be undergrounded unless otherwise prohibited by the utility provider (e.g., water backflow prevention device that must be placed above ground) or the City Engineer grants an exemption following his/her determination that such undergrounding is not practicable.

2. Location of Above-ground Utilities, Storage, and Service Areas.

All above-ground utilities and equipment (e.g., electric and gas meters, fire sprinkler valves, irrigation backflow prevention devices, etc.), service areas, and outdoor storage areas shall be integrated into building and landscape design and located to minimize impact on the pedestrian experience and neighboring properties by following the standards below:
a. Utilities and equipment, service, storage, and non-passenger loading areas shall be located inside buildings or on non-primary street frontages, alleys, parking areas, and/or at the rear or side of buildings.
b. Utilities and equipment, service, storage, and non-passenger loading areas shall not be located within minimum setback areas, along mid-block pedestrian connections, within the public right-of-way, and/ or within 25 feet of a street corner.
c. Utilities and equipment, service, storage, and non-passenger loading areas shall be fully screened from view per Subsection C.3 (Service, Utility, and Equipment Screening) below. d. Refuse collection areas to the extent possible shall be located as far as possible from the residential portion of mixed-use buildings and open space areas. Additional regulations for refuse collection areas can be found in Section 3.05.08 (Refuse and Recycling).

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3. Service, Storage, Utility, and Equipment
Screening.

All service and storage areas, utilities, and
equipment not housed inside buildings shall
meet the following screening standards:
a. Screening shall be equal to or higher
than the height of the equipment to be
screened.
b. Screening shall be made of a primary
exterior finish material used on other
portions of the building, architectural
grade wood or masonry, metal, or
landscape screening that forms an opaque
barrier when planted.

D. Building Massing and Articulation.

Building facades shall use a variety of strategies, including building modulation, fenestration, and facade articulation to create visual interest and express a variety of scales as follows.

1. Building Frontage Location.

In mixed-use zones, at least 75 percent of the building facade shall be located within the minimum and maximum setback lines. Up to 25 percent of the building facade may be located behind the maximum setback to allow for massing breaks, forecourts, plazas, etc. Publicly-accessible plazas/open spaces may be subtracted from the overall facade length to calculate the minimum percentage of building facade to be located within the setback range, as shown in Figure 2.03.06-1 Building Frontage Location.

Fig ure 2.03.06–1. Building Frontage Location

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2. Massing Breaks.
a. Major Massing Breaks. Buildings greater than three stories in height with building facades greater than 150 feet in length shall have a minimum of one major massing break. Major massing breaks shall be a minimum depth of five feet and a minimum width of 10 feet and shall extend the full height of the building including a break in the roofline. Building facades greater than 300 feet in length shall include at least two major massing breaks, with one major break with a minimum depth of 10 feet and minimum width of 20 feet (the other break may be at the smaller size - minimum depth of five feet and a minimum width of 10 feet).
b. Minor Massing Breaks. Continuous building facades greater than 75 feet in length shall have at least one minor massing break (vertical shift modulation). Minor breaks shall be a minimum of two feet deep and four feet wide and extend at minimum the full height of the building above the ground floor, including a break in the roofline.

Fig ure 2.03.06–2. Massing Breaks

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3. Facade Rhythm and Pattern.
a. Multi-family residential and residential mixed-use buildings shall express a rhythm and pattern that reflects the size and scale of a housing unit and/or individual rooms and spaces. Architectural rhythm and pattern is expressed through repeated patterns of lines, shapes, forms, and/or colors. This may be achieved with building modulation to create vertically oriented facades (height greater than the width of the facade), facade articulation, and repeating vertically oriented patterns of fenestration as follows:
i. Residential facades shall use vertical patterns of building modulation, facade articulation, and fenestration. This rhythm shall be between 20 to 50 feet in width for housing units or 10 to 20 feet in width for individual rooms and spaces.
ii. Ground floor storefront uses shall express a vertical rhythm not to exceed 20 to 50 feet in width.

Fig ure 2.03.06–3. Facade Rhythm and Pattern

4. Building Components (Base/Middle/Top).

Buildings four stories and higher shall be designed to differentiate a defined base, a middle or body, and a top, cornice, or parapet cap. Buildings three stories or less shall include at minimum a defined base and top. Each of these elements shall be distinguished from one another for a minimum of 80% of the facade length through use of two or more of the following:
a. Horizontal facade modulation, which could include upper floor or ground floor step backs. Ground floor step backs shall include a horizontal shift of the ground floor facade with a minimum depth of two feet to create an overhang or arcade. Upper floor step backs shall include at minimum a five-foot step back from the primary facade for a minimum of 80% of the length of the facade. b. Horizontal facade articulation and/or variation in facade articulation strategy (see 2.03.04.D4 (Facade Articulation)).
c. Variation in facade rhythm and pattern (see 2.03.04.D2 (Facade Rhythm and Pattern)). d. Variation in fenestration strategy (size, proportions, pattern, and depth or projection) (see 2.03.04.D5 (Fenestration)).
e. Variation in material (facade material, material size, texture and/or pattern) and color.

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Fig ure 2.03.06–4. Building Components (Base/Middle/Top) C
E
B
D
F
A

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5. Facade Articulation. All facades shall include a minimum of two of the following facade articulation strategies to create visual interest:
a. Vertical and horizontal recesses such as a pattern of recessed grouping of windows, recessed panels, or similar strategies. The recess shall be a minimum four inches in depth. b. Vertical and horizontal projections such as shading and weather protection devices, decorative architectural details, or similar strategies. Shading and weather protection projections shall be a minimum of two feet in depth. Architectural projections shall be a minimum of four inches in depth. c. Datum lines that continue the full length of the building, such as cornices, with a minimum four inches in height, and a minimum two inches in depth with a change in material. d. Balconies or Juliet balconies (every 20 to 50 feet). Balconies shall be a minimum of six feet in depth; Juliet balconies shall be a minimum of four inches in depth. e. Screening devices such as lattices, louvers, shading devices, perforated metal screens, or similar strategies (see also Subsection F.2 (Awnings, Canopies, and Weather Protection)).

6. Fenestration. Fenestration shall meet the following standards:
a. Fenestration shall reinforce vertical proportions and patterns with windows that shall not exceed a 2:1 horizontal-to-vertical ratio.
b. Windows that are flat or “flush” with the facade are prohibited unless applied to a portion of a building that is part of a recessed facade modulation as identified in horizontal or vertical shift modulation strategies in Subsection D.5 (Facade Articulation) above. c. Windows shall be recessed a minimum of two inches to provide a “punched” recessed character, or window trim shall be a minimum of two inches in width and depth. d. Curtain walls, if used, shall have a vertical orientation of mullions, joints, or solid panels that create a vertical pattern that does not exceed a 2:1 horizontal-to-vertical ratio.

7. Treatment of Corner Buildings. Buildings located at street corners that are three stories and higher shall include at least one of the following special features:
a. The building facade shall be located at the minimum front yard setback or build-to line for a minimum aggregated length of 50 feet on both facades meeting at the corner, and shall include one or more of the following building features:
i. An entry to ground floor retail or primary building entrance located within 25 feet of the corner of the building.
ii. A different material application and/or fenestration pattern from the rest of the facade. iii. A change in total height of at least 4 feet greater or less than the height of the abutting primary facade.
iv. A special architectural feature such as a rounded or cut corner, tower/cupola, or similar. b. A publicly-accessible open space/plaza or outdoor seating area for public dining with a minimum dimension of 20 feet and minimum area of 400 square feet.

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Fig ure 2.03.06–5. Treatment of Corner Buildings
A
A1 A4
A3
A2 B

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E. Ground Floor Design - General.

1. Primary Shared Residential Building Entries.

Primary residential building entries shared by multiple units (e.g., leading to upper stories) shall be accentuated from the overall building facade through a facade modulation that includes at least one of the following:
a. A recess or projection from the primary facade plane with a minimum depth of two feet. b. A change in roof form.
c. Weather protection that is a minimum 6 feet wide and 4 feet deep by recessing the entry, providing an awning/canopy or using a combination of these methods.

2. Blank Walls.

Blank walls (facades without doors, windows, landscaping treatments, artistic treatments, or facade articulation as identified in 2.03.04.D4 (Facade Articulation)) shall be no more than 30 feet in length along public rights-of-way, pedestrian pathways, or publicly-accessible open space areas.

3. Front Yard Setback Character.

Required front setbacks shall provide a
landscaped area to create a transition
between public and private space. The
following standards apply, based on intended
use and exclusive of areas devoted to public
access/sidewalks, outdoor seating, front
porches, door swing of building entries, and
publicly-accessible open space:
a. For ground-floor retail or retail-like uses.

A minimum of 20% of the required front
setback area.
b. For other ground-floor non-residential
uses. A minimum of 40% of the required
front setback area.
c. For ground-floor residential uses. A minimum of 60% of the required front setback area.

Front setbacks
that are 10 feet or greater shall also include at minimum one tree per 40 linear feet of street frontage.

F. Ground Floor Design – Non-Residential.

1. Retail/Storefront Ground Floor Design.
a. Ground Floor Height. Retail/commercial ground floor space shall have a minimum height of 15 feet floor-to-ceiling.

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b. Transparency (Openings and Windows). Storefronts in new mixed-use developments shall contain clear openings and windows for a minimum of 60% of the total area of the first-floor facades facing public rights-of-way, pedestrian pathways, or publicly-accessible open space areas. Transparent glazing shall have a minimum Visible Transmittance (VT) value of 60 and be without tint or coloration. c. Bulkheads and Solid Base Walls. If provided, bulkheads and solid base walls shall not be less than 12 inches or higher than 30 inches.
d. Weather Protection. Primary ground floor entrances shall include weather protection that is a minimum 6 feet wide and 4 feet deep by recessing the entry, providing an awning/canopy, or using a combination of these methods.

Fig ure 2.03.06–6. Retail/Storefront Ground Floor Design

2. Awnings , Canopies and Weather Protection.
a. Awnings and canopies shall provide a minimum of eight feet of vertical clearance over the sidewalk. b. When transom windows are provided above display windows, awnings, canopies, or similar weather protection elements shall be installed between the transom and display windows. These elements should allow for light to enter the storefront through the transom windows and allow the weather protection feature to shade the display window.
c. Awnings may be fixed or retractable.
d. Awnings, canopies, and other weather protection elements shall not extend across more than 80 percent of the facade. Instead, individual segments shall be installed over each storefront entry or set of storefront windows and shall not extend across wall sections, across multiple windows, or over columns.
e. Awnings and canopies shall be made of fabric, glass, wood (synthetic or weather treated), metal or a combination of such materials. Vinyl and plastic awnings are prohibited.

3. Other Non-Residential Ground Floors.
a. Ground floor space shall have a minimum height of 15 feet floor-to-ceiling. b. A minimum of 30% of the total area of first-floor facades facing public rights-of-way, pedestrian pathways, or publicly-accessible open space areas shall include clear openings and windows.

Transparent glazing shall have a minimum Visible Transmittance (VT) value of 60 and be without tint or coloration.
c. Primary entries shall include weather protection that is a minimum 8 feet wide and 6 feet deep by recessing the entry, providing an awning or canopy or using a combination of these methods.

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G. Ground Floor Design - Residential.

1. Ground Floor Residential Units.

The finished floor of ground floor residential units shall be within the minimum and maximum heights according to setback distance from back of walk as described below and illustrated in Figure 2.03.06-7.

Finished Floor Range for Ground Floor Residential Units. a. Finished Floor Height:
i. Setback between 0 – 10 feet: Minimum finished floor height of 4 feet, maximum finished floor height of 5 feet.
ii. Setback between 10 - 15 feet: Minimum finished floor height of 2.5 feet, maximum finished floor height of 5 feet.
iii. Setback > 15 feet: Minimum finished floor height of 0 feet, maximum finished floor height of 5 feet.
b. On sites with a cross slope greater than 2% along a building facade, the average height of the finished floor and back of walk shall be used. Where ADA accessibility requirements prohibit raised unit entries for some or all units, those units are exempt. For corridor buildings, accessible entries shall be located on the interior corridor.
c. When the underlying zoning district has a minimum setback of zero feet, all residential units shall be set back a minimum 5 feet from back of walk.
d. A minimum of 60% of the ground floor residential units that face a public right-of-way, publiclyaccessible path, or open space shall have unit entries with direct access to the sidewalk, path, or open space. (Senior units or other deed-restricted units for special populations are exempt.) e. Primary ground-floor entrances serving individual residential units shall include weather protection that is a minimum 4 feet wide and 4 feet deep by recessing the entry, providing an awning or canopy, or using a combination of these methods.

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Fig ure 2.03.06–7. Finished Floor Range for Ground Floor Residential Units H. Building Materials.

1. Variation in Building Materials.

Each facade shall include the following materials:
a. Primary materials shall cover between 55 and 65% of each exterior (excluding windows, doors, garage doors, and building trim).
b. A secondary material(s) shall cover the remaining 25 to 35% of each facade (excluding windows, doors, garage doors, and building trim).
c. Durable finish and/or accent materials, including masonry, tile, stone, brick, and/or finished metal may cover up to 10% of the first floor of the front facade (excluding building trim).

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Fig ure 2.03.06–8.Variation in Building Materials

2. Prohibited Siding Materials.

Plywood, vinyl, plastic (and plastic laminate), and fiberglass are prohibited as siding materials.

3. Building Component Colors.

All vents, gutters, downspouts, flashing, electrical conduits, etc. shall be painted to match the color of the adjacent surface.

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I. Open Space.

1. Publicly-Accessible Open Space.

This section applies to publicly-accessible private open spaces (PAPOS), when provided (either where required or provided voluntarily). Publicly-accessible open space may include: plazas, courtyards, seating areas, parklets, play areas, recreational facilities or equipment, dog parks, and usable green space, among others.
a. PAPOS Design and Dimensions. PAPOS shall be designed to create usable open space for public use.

PAPOS shall meet the following standards:
i. Minimum dimension of 20 feet in one direction with a minimum of 15 feet in any other direction.

Minimum total area of 400 square feet .
ii. A maximum of 40 percent of the open space may be covered but cannot be enclosed. Open space is considered enclosed when the space between a floor, decking, or ground level and a roof structure has sides taller than 50 inches in height on more than two sides. iii. Minimum 20% landscape area as per Subsection I.1.c below. iv. The space shall be publicly accessible for a minimum of 12 consecutive hours per day. v. The space shall be directly accessible from a public right-of-way or from a publicly-accessible lobby; or, if the PAPOS is not directly accessible and visible from a public right-of-way, clear signage shall be visible from the public right-of-way directing users to the PAPOS and well as identifying the PAPOS, open space type, hours of access, and amenities. b. PAPOS Amenities. PAPOS shall include seating options (e.g., seat walls, planter ledges, benches, picnic tables, and seating steps) and shade structures (e.g., awnings, trellises, umbrellas), and at least one of the following amenities and features:
i. Water features
ii. Public art
iii. Drinking fountains
iv. Public restrooms
c. PAPOS Landscaping. PAPOS shall provide a combination of trees, shrubs, and ground cover as follows:
i. A minimum of 20% of the open space area shall be planted with ground cover and/or shrubs. ii. A minimum of one tree shall be planted per 400 square feet of the open space area.

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2. Common Open Space.

This section applies to private common open space in residential subdivisions, multi-family residential projects, and residential mixed-use projects. Private common open spaces may be indoor rooms or outdoor open spaces that are shared and accessible only to building residents and their visitors. They can be located at the ground level, on parking podiums, or on rooftops, provided they are adequately landscaped. Common open spaces may include: courtyards, gardens, play areas, outdoor dining areas, recreational amenities, rooftop amenities, and community rooms, among others. a. Common Outdoor Open Space Design and Dimensions. Common outdoor open spaces shall meet the following standards. Entry porches and required setback areas with a dimension less than 20 feet shall not be counted towards common open space requirements. i. Minimum dimension of 20 feet in any direction;
ii. A maximum of 40 percent of the common open space may be covered but cannot be enclosed.

Common open space is considered enclosed when the space between a floor, decking, or ground level and a roof structure has sides taller than 50 inches in height on more than two sides; iii. Courtyards enclosed on four sides shall have a minimum dimension of 40 feet and have a minimum courtyard width to building height ratio of 1.25:1;
iv. Minimum 20 percent of the open space area shall be planted with trees, ground cover, and/or shrubs;
v. Slope shall not exceed 10 percent; and
vi. Include places to sit, shade structures, and at least two of following amenities:
a.) Playground equipment;
b.) Picnic tables;
c.) Barbecue grills;
d.) Exercise equipment; and/or
e.) Sports facilities.
b. Common Community Room Design and Dimensions. Common community rooms shall be easily accessible by building residents and designed to serve as gathering places. Common community rooms may include: lounges, fitness rooms, shared kitchens, dining areas, co-working spaces, game rooms, or other spaces that provide opportunities for shared experiences. Common community rooms shall meet the following standards:
i. Have direct access to and be directly adjacent to common outdoor open spaces or PAPOS; ii. Minimum dimension of 15 feet by 15 feet;
iii. Minimum floor-to-ceiling height of 11 feet.

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3. Private Open Space.

This section applies to personal private open space in multi-family residential and residential mixeduse projects. Private open space areas are intended for private use for each dwelling unit and may include: balconies (covered or uncovered), private gardens, private yards, terraces, decks, and porches, among others.
a. Private Open Space Design and Dimensions. Private open spaces shall be designed to create usable space for residents to spend time sitting and relaxing outdoors or observing public and common open spaces and to provide direct visible access to the sky. Entry porches and required setback areas with a dimension less than 20 feet shall not be counted towards private open space requirements. Private open spaces shall meet the following standards:
i. Be directly accessible from a residential unit.
ii. Minimum dimension of 6 feet in any direction.
iii. Minimum clear height dimension of 8 feet 6 inches. iv. May be covered but cannot be enclosed. Private open space is considered enclosed when the space between a floor, decking, or ground level and a roof structure has more than two sides taller than 50 inches in height.
b. Private Open Space Screening. Ground level private open space shall be screened or buffered from adjacent private or common open space and dwellings by landscaping, fencing, walls, trellises, or other screening elements. Such screening or buffering shall be a minimum of 30 inches and a maximum of 42 inches in height.

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J. Neighborhood Transitions

1. Transition to Lower Density Building Types.

When a building has a rear property line abutting a single-family residential zoned parcel, no portion of a building shall be within the setback established by a diagonal plane that begins at finished grade at the rear property line and slopes at a 45-degree angle moving away from the abutting property line until a point not to exceed maximum allowable building height.

Fig ure 2.03.06–9. Transition to Lower Density Building Types

2. Window Placement.

Windows shall be offset a minimum of three feet opposite windows of adjacent residences when located closer than 10 feet to a side property line.

3. Balconies Placement.

Upper-story balconies shall be offset a minimum of 10 feet opposite windows of adjacent single-family residences.

4. Landscape Buffer.

Landscape buffers shall be provided between uses in accordance with Section 3.02.09 (Landscaping).

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K. Performance Standards for Mixed-Use Zones

1. Purpose
The purpose of this section is to ensure that residential uses in mixed-use zones are not adversely impacted by adjacent commercial uses, including but not limited to traffic, noise, light, and safety impacts.

2. Applicability
The following performance standards shall apply to non-residential uses in mixed-use zones, and mixeduse developments in any zone within the city.

3. Hours of Operation.

The hours of operation for non-residential uses in mixed-use zones, and the non-residential component of mixed-use developments in any zone in the city shall be no earlier than 7:00 a.m. and no later than 10:00 p.m. daily, unless modified by an administrative or conditional use permit.

4. Loading.

Loading, unloading, and all service and maintenance activities shall be conducted within the hours of operation noted in Subsection 3.05.16.C, to minimize noise and other negative impacts on residential uses.

5. Lighting.

Lighting for nonresidential uses shall be appropriately designed, located, and shielded to ensure that it does not negatively impact the residential units in the development or any adjacent residential uses and shall comply with Section 3.02.11 (Outdoor Lighting).

6. Noise.

All residential units shall be designed to minimize adverse noise impacts from nonresidential uses and shall comply with the maximum levels permitted in Table 11-1: Noise Compatibility Guidelines in the Noise Element of the City of Indio General Plan and Chapter 95C: Noise Control of the City of Indio Municipal Code. Proper design may include, but shall not be limited to, building orientation, double windows, wall and ceiling insulation, and orientation of vents. Common walls between residential and non-residential uses shall be constructed to minimize the transmission of noise and vibration.

7. Air Quality and Odors.

All residential units shall be designed to minimize adverse impacts from mechanical equipment and operations of nonresidential uses on air pollutant emissions and odors. Odors released from any operation or activity shall not exceed detectable concentration beyond lot lines, measured at any location on the lot lines. Non-residential uses with attached residential units shall provide state-of theart ventilation systems to prevent odors from penetrating residential units.

8. Limitations on Use.

Any activity or use as determined by the Director not to be compatible with residential uses and/or to have the possibility of affecting the health or safety of residents due to the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or create a hazard because of materials, processes, products, or wastes, shall not be permitted within any mixed use development or mixed-use zone. This includes, but is not limited to, storage or shipping of flammable liquids or hazardous materials beyond that normally associated with a residential use and welding, machining, or open flame work.

9. Security.

Residential units shall be designed to ensure the security of residents through the provision of separate and secured entrances and exits that are directly accessible to parking areas. Where residential units are in the same structure as a non-residential/commercial use, access to residential units shall be from a secured area or entrance located on the ground floor. Nonresidential and residential uses located on the same floor shall not have common entrance hallways or common balconies. Shared or common residential entrances shall automatically lock upon closing.

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2.04. NON -RESIDENT IAL ZONES

2.04.01. Purpose + Intent
The purposes of the non-residential zones are to:

A. Designate adequate land for commercial and industrial uses and growth consistent with the General Plan; B. Maintain and strengthen the City’s economic resources; C. Provide a range of employment opportunities to meet the needs of current and future residents; D. Designate adequate land for a full range of local- and regional-serving commercial and retail services consistent for residents, employees, and visitors;
E. Provide sufficient areas for a wide range of manufacturing, industrial processing, and service industrial uses and protect areas where such uses now exist; and
F. Ensure that appropriate site design and operational standards are in place to promote commerce while protecting health and safety and minimizing impacts on adjacent properties.

Additional purposes of each non-residential zone are as follows:

G. Regional Commercial (RC).

The Regional Commercial (RC) zone provides for large-format retail development along with associated restaurant and commercial service activity. It is intended to accommodate retail, commercial, service, entertainment/amusement, and other regional- and visitor-serving amenities in areas near major freeway connections and around major intersections. This zone implements the Regional Commercial General Plan land use designation.

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H. Light Industrial (IL).

The Light Industrial (IL) zone is intended to accommodate a wide variety of employment-generating uses and protect these areas from incompatible uses. This zone provides for offices, business and industrial parks, research and development, warehouses, distribution centers, light manufacturing, public and quasi-public uses, and supportive commercial uses. This zone implements the Workforce and Employment District General Plan land use designation.

I. Heavy Industrial (IH).

The Heavy Industrial (IH) zone is intended to
accommodate manufacturing, processing, storage, and
similar heavy industrial uses, including those which
may create some objectionable conditions, and protect
these areas from incompatible uses. This zone provides
for manufacturing, processing, assembly, wholesale
and storage uses, trucking terminals, railroad
facilities, public and quasi-public uses, and similar
and compatible uses, subject to regulations needed
to protect health and safety, adjoining properties,
and the surrounding area. This zone implements the
Workforce and Employment District General Plan land
use designation.

J. Resource Recovery (RR).

The Resource Recovery (RR) zone applies to land where natural resource recovery and/or reclamation activities such as mining and extraction are primary land uses. This zone implements the Resource Recovery General Plan land use designation. All uses and development regulations shall be determined on a case-by-case basis.

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2.04.02. Land Use Regulations
The land uses allowed in the non-residential zones are listed below, together with the planning permit type required for each use. Numeric notes can be found at the end of the table.

Fig ure 2.04.02–1. Allowed Uses – Non-Residential Zones P = Permitted; AUP = Administrative Use Permit; CUP = Conditional Use Permit; TUP = Temporary Use Permit; A-U = Accessory Use; X = Not Permitted

NON-RESIDENTIAL ZONES
Use1 IL IH RC RR Additional/Specific Use Regulations
Agriculture and Animal Keeping Uses
Agricultural Support, Sales, Service, and
Storage

P P X X
Aquaculture AUP AUP X X
Animal Husbandry and Production CUP CUP X X
Animal Raising and Keeping, Exotic X X X X
Animal Raising and Keeping, Domestic
Pets

X X X X
Animal Raising and Keeping, Horses X X X X
Animal Raising and Keeping, Large
Livestock X X X X
Animal Raising and Keeping, Small
Livestock, Poultry, and Beekeeping X X X X
Backyard Breeding X X X X
Community Garden A A A X
Crop Production X X X X
Greenhouse, Private P P P X
Horticultural Production AUP AUP AUP X
Kennels, Private/Hobby AUP AUP AUP X
Private Garden A A A X
Stable/Equestrian Facility, Commercial/
Public X X X X
Stable/Equestrian Facility, Hobby/Private X X X X
Automobile and Vehicle Uses
Auto and Vehicle Rental X X P X See Chapter 4.04 (Automotive Service and Repair/Fueling Stations)
Auto and Vehicle Sales, New X X P X See Chapter 4.04 (Automotive Service and Repair/Fueling Stations)
Auto and Vehicle Sales, Used X X P X See Chapter 4.04 (Automotive Service and Repair/Fueling Stations)
Auto and Vehicle Sales and Rental, Large
Vehicles and Equipment AUP P X X 4.04 (Auto and Vehicle Services and Repair) Auto and Vehicle Services and Repair –
Major
AUP P X X See Chapter 4.04 (Automotive Service and
Repair/Fueling Stations)
Auto and Vehicle Services and Repair –
Minor
P P P X See Chapter 4.04 (Automotive Service and
Repair/Fueling Stations)
Auto and Vehicle Towing/Impounding CUP P X X
Auto and Vehicle Washing and Detailing AUP P AUP X
Auto and Vehicle Wrecking/Dismantling X P X X

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NON-RESIDENTIAL ZONES
Use1 IL IH RC RR Additional/Specific Use Regulations
Fueling Stations CUP CUP CUP X See Chapter 4.04 (Automotive Service and Repair/Fueling Stations)
Truck Stop/Fueling Station AUP P AUP X See Chapter 4.04 (Automotive Service and Repair/Fueling Stations)
Cannabis Related Uses
Cannabis Cultivation, Commercial X X X X See Chapter 4.06 (Cannabis Activity) Cannabis Cultivation, Personal X X X X See Chapter 4.06 (Cannabis Activity) Cannabis Logistics, Distribution, and
Transportation Facility X X X X
Cannabis Manufacturing X X X X
Cannabis Retailer, Microbusiness, or
Dispensary X X P X See Chapter 4.06 (Cannabis Activity) Cannabis Testing Laboratory X X X X
Eating and Drinking Establishments and Entertainment Uses Bar/Nightclub/Lounge P X P X
Brewpub/Taproom/Wine Bar/
Microdistillery P X P X
Cinema/Theater/Performing Arts Center P X P X
Drive-Through, Non-Restaurants
(Accessory) A A A X See Chapter 4.12 (Drive-Through Uses) Live Entertainment as Accessory Use,
Indoors (Accessory) A X A X
Live Entertainment as Accessory Use,
Outdoors (Accessory)

A, AUP,
TUP

X A, AUP,
TUP
X
Regular outdoor events as an accessory use
require an AUP. Sporadic events require a TUP
(See Chapter 4.26 ((Temporary Uses)).

Outdoor Dining (Accessory) A X A X
Outdoor Entertainment AUP X AUP X
Restaurant, Dine-In and Take-Out P AUP P X
Restaurant, Drive -Through AUP AUP P X See Chapter 4.12 (Drive-Through Uses) Industrial and Manufacturing Uses
Artisan Manufacturing/Makers Space P P AUP X
Brewery/Distillery/Winery – without
tasting room or > 10,000 sf P P CUP X
Brewery/Distillery/Winery – with tasting
room and <10,000 sf P P AUP X
Construction and Materials Yards AUP P X X
Food or Beverage Manufacturing AUP P X X
Hazardous Materials/Wholesale Fuel
Storage and Distribution X P X X
Indoor Warehousing, Storage,
Wholesaling, and Distribution P P CUP X
Small footprint fulfillment centers less than
50K sf in size may be allowed in the RC Zone
with a CUP.

Manufacturing/Processing, Heavy X P X X
Manufacturing/Processing, Light P P X X

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NON-RESIDENTIAL ZONES
Use1 IL IH RC RR Additional/Specific Use Regulations
Mining/Resource Extraction X X X CUP
The following uses may be permitted in the
RR district subject to a CUP: mining; sand or
gravel extraction; batch plants; asphalt plants;
and secondary processing of raw mineral
materials.

Outdoor Storage (Primary Use) AUP P X X See Chapter 4.19 (Outdoor Storage) Outdoor Storage (Accessory) A A A X See Chapter 4.19 (Outdoor Storage) Salvage and Wrecking Yards X P X X
Lodging
Bed and Breakfast X X X X
Lodging – Extended Stay AUP X P X
Lodging – Hotels AUP X P X
Lodging – Motels AUP X P X
Lodging – Timeshares AUP X P X
Recreation, Education, and Public Assembly Uses
Campground, Temporary X X TUP X See Chapter 4.26 (Temporary Uses) Cemeteries, Crematories, or Mausoleums AUP AUP X X
Civic/Government P P P X
College/University CUP X CUP X
Commercial Recreation and Sports,
Indoor P P P X
Commercial Recreation and Sports,
Outdoor AUP CUP AUP X
Community Assembly, Up to 5,000 sf
(gross sf) P AUP P X
Community Assembly, > 5000 sf – 12,000
sf (gross sf) AUP AUP P X
Community Assembly, >12,000 sf (gross
sf) CUP CUP AUP X
Cultural Institutions P X P X
Day Care Centers P X P X See Chapter 4.08 (Child Day Care in a Home (Small and Large) and Day Care Centers)
Instructional Services, <= 5000 sf P X P X
Instructional Services, > 5000 sf P X P X
Open Space, Natural P P P P
Parks and Recreation Facilities P X P X
Public Service Facility P P P X
Recreational Vehicle (RV) Park X X X X
Schools, Public or Private (TK-12) CUP X CUP X
Social Service Facilities AUP X AUP X
Tutoring Facilities P X P X
Vocational/Trade School CUP X AUP X

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NON-RESIDENTIAL ZONES
Use1 IL IH RC RR Additional/Specific Use Regulations
Residential Uses
Accessory Dwelling Unit (ADU) and Junior
Accessory Dwelling Unit (JADU) X X X X
Caretaker’s Unit A A X X
Child Day Care in a Home, Large X X X X
Child Day Care in a Home, Small X X X X
Cottage Industry X X X X
Emergency Shelter P X AUP X See Chapter 4.13 (Emergency Shelters) Group Residential Home AUP X AUP X
Home Occupation A A X X See Chapter 4.14 (Home Occupations) Cottage Food Operation X X X X
Live/Work AUP X AUP X See Chapter 4.15 (Live/Work)
Manufactured/Mobile Home Park X X X X
Residential Care Facilities, Large X X X X
Residential Care Facilities, Small X X X X
Residential Housing Types
Single-Family Dwelling, Attached X X X X
Single-Family Dwelling, Detached X X X X
Two-Family Dwelling/Duplex X X X X
Multi-Family Dwelling, Triplex/
Quadplex X X X X
Multi-Family Dwelling, ≥ 5 Units X X X X
Mobile Home X X X X
Manufactured/Modular/Prefabricated
Dwelling Unit X X X X
Single-Room Occupancy X X X X
Supportive Housing CUP X X X
Transitional Housing CUP X X X
Yard Sales (Temporary) P P X X See Chapter 4.26 (Temporary Uses) Retail, Service, and Office Uses
Adult-Oriented Business CUP CUP X X See Chapter 4.02 (Adult-Oriented Businesses) Alcohol Sales, Off-Sale P P P X
Animal Sales and Services P P P X
ATM (Accessory) A A A X
Bail Bonds CUP X X X See Chapter 4.05 (Bail Bonds)
Banks, Financial, and Savings and Loan
Institutions

P X P X
Drive-through financial institutions are
covered under “Drive-Through, NonRestaurant”
Building Materials Sales and Services P P AUP X
Business to Business Support Services P P AUP X
Check-Cashing Businesses CUP X CUP X See Chapter 4.07 (Check-Cashing Businesses) Convenience Market CUP CUP CUP X
Food Preparation, Commercial P P P X
Fortunetelling, Palm and Card Reading P X P X

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NON-RESIDENTIAL ZONES
Use1 IL IH RC RR Additional/Specific Use Regulations
Funeral Homes and Mortuaries P P P X
General Retail ≤ 5,000 sf P CUP P X
General Retail allowed with a CUP in the IH
zone only when in conjunction with a ministorage warehouse or facility (see Chapter

4.18 Mini-Storage Warehousing or Facility).

General Retail 5,000 sf – 25,000 P CUP P X
General Retail allowed with a CUP in the IH
zone only when in conjunction with a ministorage warehouse or facility (see Chapter

4.18 Mini-Storage Warehousing or Facility).

General Retail/Superstore > 25,000 P X P X
Grocery Store P X P X
Hospital AUP X AUP X
Kennels/Boarding, Commercial P P P X
Kiosk/Outdoor Vending P P P X
Laundromat P AUP P X
Massage Establishment, Accessory Use A X A X
Massage Establishment, Stand-Alone X X CUP X See Chapter 4.17 (Massage Establishment (Stand-alone))
Medical Services, Extended Care AUP X AUP X
Medical Services, Medical/Dental/
Holistic/Clinic P X P X
Medical Services, Urgent Care P X P X
Mini-Storage Warehousing or Facility CUP CUP X X See Chapter 4.18 (Mini-Storage Warehousing or Facility)
Neighborhood Market P X P X
Nursery/Garden Center P P P X
Offices, Processing P P P X
Offices, Professional/Administrative P CUP P X
Office uses allowed with a CUP in the IH zone
only when in conjunction with a mini-storage
warehouse or facility (see Chapter 4.18 MiniStorage Warehousing or Facility) Offices, Service P CUP P X
Office uses allowed with a CUP in the IH zone
only when in conjunction with a mini-storage
warehouse or facility (see Chapter 4.18 MiniStorage Warehousing or Facility) Outdoor Display (Accessory) A X A A
Pawnshop CUP X CUP X See Chapter 4.20 (Pawnshops)
Personal Services P X P X
Research and Development P P AUP X
Smoke Shops P X P X See Chapter 4.23 (Smoke Shops)
Smoking Lounge P X P X
Swap Meet, Outdoor (Temporary) TUP X TUP X
Tattoo/Body Art/Piercing P X P X See Chapter 4.24 (Tattoo/Body Art/Piercing Establishments)
Resale/Consignment/Thrift Shop P X P X See Chapter 4.22 (Resale/Consignment/Thrift Shops)
Veterinary Hospitals P AUP P X

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NON-RESIDENTIAL ZONES
Use1 IL IH RC RR Additional/Specific Use Regulations
Utility, Transportation, and Communication Uses
Airports and Heliports CUP CUP CUP X
Communications, Facilities within
Buildings P P AUP X
Communications, Telecommunications/
Large Commercial Antennas
AUP/
CUP
AUP/
CUP
AUP/
CUP
X
An AUP or CUP is required, depending on the
design and height of the large commercial
antenna, as regulated by Section 4.25.04
(Large Commercial Antennas).

Communications, Telecommunications/
Small Wireless Facilities P P AUP X See Chapter 4.25 (Telecommunications/ Wireless Facilities)
Freight/Trucking Facility AUP P AUP X
Light Fleet-Based Services P P AUP X
Mobile Recycling Unit A A A X
Parking Lots and Structures P P A, AUP X
Passenger Transportation Facilities CUP CUP CUP X
Public Utilities, Major AUP P CUP X
Public Utilities, Minor P P P X
Renewable Energy System (Primary Use) P P CUP X
Renewable Energy System, BuildingMounted (Accessory) A A A X Renewable Energy System, Stand-Alone
or Ground Mounted (Accessory) A A A, AUP X
Recycling Collection Facility AUP P X X
Recycling Processing Facility AUP P X X
Reverse Vending Machine (Accessory) A A A X
Utility Yard AUP P CUP X
Notes:

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2.04.03. Development Regulations
Table 2.04.03-1 prescribes the development standards for the non-residential zones. Additional regulations are also denoted in the righthand column. Section numbers in this column refer to other sections of this Code.

Fig ure 2.04.03–1. Development Standards – Non-Residential Zones

NON-RESIDENTIAL ZONES
Standards RC IL IH Additional Regulations
Lot and Density Standards1
Minimum Lot Size (sf) 40,000 10,000 20,000
Minimum Lot Width (ft) 100 80 100
Minimum Lot Depth (ft) 200 100 100
Building Form and Location
Maximum Floor Area Ratio 1.0 1.0 1.0
Maximum Height (ft)/Stories –
Primary Building 55/3 stories 55/3 stories 55/3 stories Projects must comply with both stories and overall height maximums.

Maximum Height (ft) – Primary
Building w/ Architectural
Features
65 65 65
Architectural features include rooftop
stair access and elevator shafts,
mechanical equipment, or other rooftop
amenities, as approved by City staff. See
Section 3.01.03 (Measuring Heights).

Maximum Height Adjacent to
Residential Zones Within 45-degree plane from property line at grade.

Distance between Structures (ft) Minimum required by Building and Fire code.

Setbacks – Minimums (ft)
Front 10 10 10
Minimum front setback shall be
landscaped in the IL and IH zones,
excluding driveways.

No parking allowed in minimum setback
area.

Street Side 10 10 10
Minimum front setback shall be
landscaped in the IL and IH zones,
excluding driveways.

No parking allowed in minimum setback
area.

Interior Side
10; 25 ft
abutting a
residential zone
10; 25 ft
abutting a
residential zone
10; 25 ft
abutting a
residential zone
Rear
10; 25 ft
abutting a
residential zone
10; 25 ft
abutting a
residential zone
10; 25 ft
abutting a
residential zone
Alley 5 5 5
Open Space Standards
Minimum Open Space
10% of lot (must
be publiclyaccessible)
400 sf total
for the first 20
employees2
, and
additional 10 sf
per employee
over 20
400 sf total
for the first 20
employees2
, and
additional 10 sf
per employee
over 20
Common open space includes roof
decks and other shared common open
areas. Minimum open space dimension
is 15 feet in either direction. Setback
areas are not considered usable open
space unless they are at least 20 feet
wide.

Minimum Landscaping (% of lot) 10 10 10 25% must be live plant material.

See Section 3.02.09 (Landscaping)

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NON-RESIDENTIAL ZONES
Standards RC IL IH Additional Regulations
Other Standards
Accessory Structures See Section 3.02.04 (Accessory Structures) Setbacks and Encroachments See Section 3.02.03 (Setbacks and Encroachments) Utilities, Service Areas, and
Building Equipment See Section 3.02.07 (Utilities, Service Areas, and Building Equipment) Refuse and Recycling See Section 3.02.08 (Refuse and Recycling) Landscaping See Section 3.02.09 (Landscaping)
Fences, Walls, and Screening See Section 3.02.10 (Fences, Walls, and Screening) Outdoor Lighting See Section 3.02.11 (Outdoor Lighting) Parking and Loading See Chapter 3.03 (Parking and Loading) Performance Standards See Chapter 3.04 (Performance Standards) Signs See Chapter 3.05 (Sign Regulations)

2. Number of employees shall be based on the largest shift that occurs in a typical week.

2.04.04.Supplemental Regulations
A. Open Space.

1. Publicly-Accessible Open Space (PAPOS).

This section applies to publicly-accessible
private open spaces in non-residential zones,
when provided (either where required or
provided voluntarily). Publicly-accessible open
space may include: plazas, courtyards, seating
areas, and parklets, among others.
a. PAPOS Design and Dimensions. PAPOS
shall be designed to create usable open
space for public use. PAPOS shall meet the
following standards:
i. Minimum dimension of 20 feet in one
direction with a minimum of at least 15
feet in any other direction. Minimum
400 square feet in total area.
ii. A maximum of 40 percent of the open
space may be covered but cannot be enclosed. Open space is considered enclosed when the space between a floor, decking, or ground level and a roof structure has sides taller than 50 inches in height on more than two sides.
iii. Minimum 20% landscape area as per Subsection A.1.c below. iv. Be publicly accessible for a minimum of 12 consecutive hours per day. v. Be directly accessible from a public right-of-way or from a publicly-accessible lobby; or, if the PAPOS is not directly accessible and visible from a public right-of-way, clear signage shall be visible from the public right-of-way identifying the PAPOS, open space type, hours of access, and amenities.

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b. PAPOS Amenities. PAPOS shall include seating options (e.g., seat walls, planter ledges, benches, picnic tables, and seating steps), shade structures (e.g., awnings, trellises, umbrellas), and at least one of the following amenities and features:
i. Water features
ii. Public art
iii. Drinking fountains
iv. Public restrooms
c. PAPOS Landscaping. PAPOS shall provide a combination of trees, shrubs, and ground cover as follows:
i. A minimum of 20% of the open space area shall be planted with ground cover and/or shrubs. ii. A minimum of one tree shall be planted per 400 square feet of the open space area.

2. Common Outdoor Open Space.

This section applies to private common outdoor open space in non-residential zones. Private common outdoor open spaces are shared and accessible only to building occupants and their visitors. They can be located at the ground level, on parking podiums, or on rooftops, provided they are adequately landscaped. Common outdoor open spaces may include: courtyards, gardens, outdoor dining areas, and rooftop amenities, among others.
a. Common Outdoor Open Space Design and Dimensions. Common outdoor open spaces shall meet the following standards. Required setback areas with a dimension less than 20 feet shall not be counted towards common open space requirements.
i. Common outdoor open spaces shall be located a minimum of 15 feet from parking areas, with minimum five feet of landscape screening.
ii. Minimum dimension of 20 feet in any direction.
iii. A maximum of 40 percent of the common outdoor open space may be covered but cannot be enclosed. Common open space is considered enclosed when the space between a floor, decking, or ground level and a roof structure has sides taller than 50 inches in height on more than two sides.
iv. Courtyards enclosed on four sides shall have a minimum dimension of 40 feet and have a minimum courtyard width to building height ratio of 1.25:1.
v. A minimum of 20% of the open space area shall be planted with trees, ground cover, and/or shrubs.
vi. Slope shall not exceed 10 percent.
vii.Common outdoor open spaces shall include places to sit, and shade structures.

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2.05. PUBLIC/INSTITUTION AL ZON ES

2.05.01. Purpose + Intent
The purposes of the public/institutional zones are to:

A. Provide land for development of public, quasi-public, and open space uses that provide services to the community and support existing and new residential, commercial, and industrial land uses; B. Provide areas for educational facilities, cultural and institutional uses, health services, parks and recreation, general government operations, utility and public service needs, and other similar and related supporting uses; C. Provide opportunities for outdoor recreation and meet the recreational needs of City residents; and D. Reserve areas for passive recreation, open space, and habitat protection and enhancement.

Additional purposes of each public/institutional zone are as follows:

E. Public and Institutional (PI).

The Public and Institutional (PI) zone is intended to reserve areas for public, educational, and institutional uses.

It provides for government offices and other civic facilities, libraries, community centers, senior centers, police stations, fire stations, corporate yards, public and private schools, higher-educational facilities, drainage facilities, public/private recreational facilities, and other similar uses. This zone implements the Public and Institutional General Plan land use designation.

F. Parks and Open Space (OS).

The Parks and Open Space (OS) zone is intended for public and private land for recreational uses. It provides areas for parks and open space, golf courses, trails, habitat management, passive recreation, amphitheaters, community centers, environmental education, and similar uses. This zone implements the Parks and Open Space General Plan land use designation.

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2.05.02. Land Use Regulations
The land uses allowed in the public/institutional zones are listed below in Table 2.05.02-1, together with the planning permit type required for each use.

Table 2.05.02–1: Allowed Uses – Public/Institutional Zones P = Permitted; AUP = Administrative Use Permit; CUP = Conditional Use Permit; TUP = Temporary Use Permit; A-U = Accessory Use; X = Not Permitted

PUBLIC ZONES
Use PI OS Additional/Specific Use Regulations
Agriculture and Animal Keeping Uses
Agricultural Support, Sales, Service, and Storage X X
Aquaculture X X
Animal Husbandry and Production X X
Animal Raising and Keeping, Exotic X X
Animal Raising and Keeping, Domestic Pets X X
Animal Raising and Keeping, Horses CUP X See Chapter 4.03 (Animal Keeping) Animal Raising and Keeping, Large Livestock X X
Animal Raising and Keeping, Small Livestock, Poultry,
and Beekeeping X X
Backyard Breeding X X
Community Garden P P
Crop Production X X
Greenhouse, Private X X
Horticultural Production X X
Kennels, Private/Hobby X X
Private Garden X X
Stable/Equestrian Facility, Commercial/Public CUP X See Chapter 4.03 (Animal Keeping) Stable/Equestrian Facility, Hobby/Private X X
Automobile and Vehicle Uses
Auto and Vehicle Rental X X
Auto and Vehicle Sales, New X X
Auto and Vehicle Sales, Used X X
Auto and Vehicle Sales and Rental, Large Vehicles and
Equipment
X X
Auto and Vehicle Services and Repair – Major X X
Auto and Vehicle Services and Repair – Minor X X
Auto and Vehicle Towing/Impounding X X
Auto and Vehicle Washing and Detailing X X
Auto and Vehicle Wrecking/Dismantling X X
Fueling Stations X X
Truck Stop/Fueling Station X X
Cannabis Related Uses
Cannabis Cultivation X X
Cannabis Logistics, Distribution, and Transportation
Facility X X

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PUBLIC ZONES
Use PI OS Additional/Specific Use Regulations
Cannabis Manufacturing X X
Cannabis Retailer, Microbusiness, or Dispensary X X
Cannabis Testing Laboratory X X
Eating and Drinking Establishments and Entertainment Uses Bar/Nightclub/Lounge X X
Brewpub/Taproom/Wine Bar/Microdistillery X X
Cinema/Theater/Performing Arts Center P X
Drive-Through, Non-Restaurants (Accessory) X X
Live Entertainment as Accessory Use, Indoors
(Accessory) A A
Live Entertainment as Accessory Use, Outdoors
(Accessory) A, AUP, TUP A, AUP,
TUP
Regular outdoor events as an accessory use
require an AUP. Sporadic events require a TUP
(See Chapter 4.26 ((Temporary Uses)).

Outdoor Dining (Accessory) A A, AUP
Outdoor dining is allowed in conjunction with
approved food vendors/concessions within
parks when permitted by the City's Public Works
Department.

Outdoor Entertainment A, AUP A, AUP
Restaurant, Dine-In and Take-Out AUP AUP
Restaurant, Drive-Through X X
Industrial and Manufacturing Uses
Artisan Manufacturing/Makers Space X X
Brewery/Distillery/Winery - without tasting room or >
10,000 sf X X
Brewery/Distillery/Winery - with tasting room and
<10,000 sf X X
Construction and Materials Yards X X
Food or Beverage Manufacturing X X
Hazardous Materials/Wholesale Fuel Storage and
Distribution X X
Indoor Warehousing, Storage, Wholesaling, and
Distribution X X
Manufacturing/Processing, Heavy X X
Manufacturing/Processing, Light X X
Mining/Resource Extraction X X
Outdoor Storage (Primary Use) X X
Outdoor Storage (Accessory) A A
Salvage and Wrecking Yards X X
Lodging
Bed and Breakfast X X
Lodging - Extended Stay X X
Lodging - Hotels X X
Lodging - Motels X X
Lodging - Timeshares X X

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PUBLIC ZONES
Use PI OS Additional/Specific Use Regulations
Recreation, Education, and Public Assembly Uses
Campground, Temporary X X
Cemeteries, Crematories, or Mausoleums CUP X
Civic/Government P X
College/University P X
Commercial Recreation and Sports, Indoor X X
Commercial Recreation and Sports, Outdoor X X
Community Assembly, Up to 5,000 sf (gross sf) AUP X
Community Assembly, > 5000 sf - 12,000 sf (gross sf) AUP X Community Assembly, >12,000 sf (gross sf) AUP X
Cultural Institutions P X
Day Care Centers P X See Chapter 4.08 (Child Day Care in a Home (Small and Large) and Day Care Centers)
Instructional Services, <= 5000 sf AUP X
Instructional Services, > 5000 sf AUP X
Open Space, Natural P P
Parks and Recreation Facilities P P
Public Service Facility P X
Recreational Vehicle (RV) Park X X
Schools, Public or Private (TK-12) P X
Social Service Facilities P X
Tutoring Facilities P X
Vocational/Trade School P X
Residential Uses
Accessory Dwelling Unit (ADU) and Junior Accessory
Dwelling Unit (JADU) A X See Chapter 4.02 (Accessory Dwelling Units) Caretaker's Unit A X
Child Day Care in a Home, Large X X
Child Day Care in a Home, Small X X
Cottage Industry X X
Emergency Shelter CUP X See Chapter 4.13 (Emergency Shelters) Group Residential Home CUP X
Home Occupation X X
Cottage Food Operation X X
Live/Work X X
Manufactured/Mobile Home Park X X
Residential Care Facilities, Large CUP X
Residential Care Facilities, Small CUP X
Residential Housing Types
Single-Family Dwelling, Attached X X
Single-Family Dwelling, Detached X X
Two-Family Dwelling/Duplex X X
Multi-Family Dwelling, Triplex/Quadplex X X
Multi-Family Dwelling, ≥ 5 Units X X
Mobile Home X X
Manufactured/Modular/Prefabricated Dwelling Unit X X

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PUBLIC ZONES
Use PI OS Additional/Specific Use Regulations
Single-Room Occupancy CUP X
Supportive Housing CUP X
Transitional Housing CUP X
Yard Sales (Temporary) X X
Retail, Service, and Office Uses
Adult-Oriented Business X X
Alcohol Sales, Off-Sale X X
Animal Sales and Services X X
ATM (Accessory) A X
Bail Bonds X X
Banks, Financial, and Savings and Loan Institutions X X Building Materials Sales and Services X X
Business to Business Support Services X X
Check-Cashing Businesses X X
Convenience Market X X
Food Preparation, Commercial X X
Fortunetelling, Palm and Card Reading X X
Funeral Homes and Mortuaries X X
General Retail ≤ 5,000 sf X X
General Retail 5,000 sf - 25,000 X X
General Retail/Superstore > 25,000 X X
Grocery Store X X
Hospital CUP X
Kennels/Boarding, Commercial X X
Kiosk/Outdoor Vending A A
Laundromat X X
Massage Establishment, Accessory Use X X
Massage Establishment, Stand-Alone X X
Medical Services, Extended Care X X
Medical Services, Medical/Dental/Holistic/Clinic X X
Medical Services, Urgent Care X X
Mini-Storage Warehousing or Facility X X
Neighborhood Market X X
Nursery/Garden Center X X
Offices, Processing X X
Offices, Professional/Administrative X X
Offices, Service X X
Outdoor Display (Temporary) X X
Pawnshop X X
Personal Services X X
Research and Development X X
Smoke Shops X X

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PUBLIC ZONES
Use PI OS Additional/Specific Use Regulations
Smoking Lounge X X
Swap Meet, Outdoor (Temporary) TUP TUP
Only permitted in parking lots within parks
when permitted by the City's Public Works
Department. See Chapter 4.26 (Temporary
Uses).

Tattoo/Body Art/Piercing X X
Resale/Consignment/Thrift Shop X X
Veterinary Hospitals X X
Utility, Transportation, and Communication Uses
Airports and Heliports CUP X
Communications, Facilities within Buildings CUP X
Communications, Telecommunications/Large
Commercial Antennas AUP/CUP X
An AUP or CUP is required, depending on the
design and height of the large commercial
antenna, as regulated by Section 4.25.04 (Large
Commercial Antennas).

Communications, Telecommunications/Small Wireless
Facilities AUP CUP See Chapter 4.25 (Telecommunications/Wireless Facilities)
Freight/Trucking Facility X X
Light Fleet-Based Services X X
Mobile Recycling Unit (Accessory) A, AUP X
Parking Lots and Structures P A
Passenger Transportation Facilities CUP X
Public Utilities, Major AUP CUP
Public Utilities, Minor P P
Renewable Energy System (Primary Use) CUP X
Renewable Energy System, Building-Mounted
(Accessory) A A
Renewable Energy System, Stand-Alone or Ground
Mounted (Accessory) A, AUP A, AUP
Recycling Collection Facility CUP X
Recycling Processing Facility X X
Reverse Vending Machine (Accessory) A X
Utility Yard P X
Notes:

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2.05.03. Development Regulations
Table 2.05.03-1 prescribes the development standards for the public/institutional zones. Additional regulations are also denoted in the righthand column. Section numbers in this column refer to other sections of this Code.

Fig ure 2.05.03–1. Development Standards – Public/Institutional Zones

PUBLIC/INSTITUTIONAL ZONES
Standards PI OS Additional Regulations
Lot and Density Standards1
Maximum Floor Area Ratio
(for both residential and nonresidential uses)Case-by-case basis 0.01 The intensity of non-residential facilities will be
determined on a case-by-case basis based on the
compatibility of the proposed use with existing or
proposed uses surrounding the site.

Density (units/acre)
Maximum NA 0.05
Single family residential is allowed at a density
of one unit per 20 acres. Density may be further
constrained in areas having slopes greater than
15%. Cluster development will be encouraged.

Minimum Lot Size (acres) NA NA
Minimum Lot Width (ft) NA NA
Minimum Lot Depth (ft) NA NA
Maximum Lot Coverage NA NA
Building Form and Location
Maximum Height (ft)/Stories -
Primary Building 45/3 stories Case-by-case basis Projects must comply with both stories and overall height maximums.

Maximum Height (ft) - Primary
Building w/ Architectural
Features
55 Case-by-case basis
Architectural features include rooftop stair access
and elevator shafts, mechanical equipment, or
other rooftop amenities, as approved by City staff.

Setbacks - Minimums (ft)
Front 10 Case-by-case basis
Street Side 10 Case-by-case basis
Interior Side 10; 15 ft abutting
residential zones Case-by-case basis
Rear 10; 20 ft abutting
residential zones Case-by-case basis
Alley 5 Case-by-case basis
Distance between Structures (ft) Minimum required by Building and Fire code.

Open Space Standards
Minimum Landscaping (% of lot) 15 NA

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PUBLIC/INSTITUTIONAL ZONES
Standards PI OS Additional Regulations
Other Standards
Accessory Structures See Section 3.02.04 (Accessory Structures) Setbacks and Encroachments See Section 3.02.03 (Setbacks and Encroachments) Utilities, Service Areas, and
Building Equipment See Section 3.02.07 (Utilities, Service Areas, and Building Equipment) Refuse and Recycling See Section 3.02.08 (Refuse and Recycling) Landscaping See Section 3.02.09 (Landscaping)
Fences, Walls, and Screening See Section 3.02.10 (Fences, Walls, and Screening) Outdoor Lighting See Section 3.02.11 (Outdoor Lighting) Parking and Loading See Chapter 3.03 (Parking and Loading) Performance Standards See Chapter 3.04 (Performance Standards) Signs See Chapter 3.05 (Sign Regulations)
Notes:

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2.06. SPECIFIC PLAN AND PRO JECT

MASTER PLAN ZONES

2.06.01. Purpose + Intent
The purpose of this Chapter is to identify all of the adopted Specific Plans (SPs) and Project Master Plans (PMPs) that apply in the city and reference the regulations that apply.

2.06.02. Applicability
Once adopted, a Specific Plan or Project Master Plan shall govern all use and development of properties within the bounds of that Specific Plan or Project Master Plan.

A. Where a Specific Plan or Project Master Plan is silent regarding development standards, the provisions of this Code shall govern. The Director shall have the authority to determine which provisions of this Code apply where a Specific Plan or Project Master Plan is silent.

B. When a use is not specifically listed as permitted in the Specific Plan or Project Master Plan, the Director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the Specific Plan or Project Master Plan as permitted or not found to be substantially like a permitted use are prohibited.

C. No discretionary entitlement applications or other permits may be approved, adopted, or amended within an area covered by a Specific Plan or Project Master Plan, unless found to be consistent with the adopted Specific Plan or Project Master Plan.

D. The contents, requirements, and adoption and amendment procedures for Specific Plans and Project Master Plans are listed in Section 6.05.03 (Specific Plans) or within the plans themselves.

E. Current Specific Plans and Project Master Plans are administered and maintained by the Community Development Department.

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2.07. OVERLAY ZONES

2.07.01. Purpose + Intent
This Chapter sets forth additional standards for defined areas (i.e., overlay zones) that are applied in addition to allowed uses and standards provided in the base zones. An overlay zone supplements the base zone and is intended for the following purposes:

A. To allow more flexibility from the standard provisions of the underlying base zone; B. When special provisions are needed to protect unique site features or implement location-specific provisions; and/or
C. To specify a particular standard for a defined area.

2.07.02. Major Music Festival Overlay Zone (MMF)
Refer to Appendix B (Municode Chapter 159 – operative prior to XX) and Appendix C (Ordinance No. 1765) for the original adoption language and subsequent amendments to the Major Music Festival Overlay Zone.

A. Purpose.

The purpose and objectives of the MMF Overlay Zone are to provide for the long-term permitting and regulation of Major Music Festival Event uses within the Indio Ranchos – Polo Estates Specific Plan and the adjoining properties that are within the MMF Overlay Zone district to ensure the continued viability of Major Music Festival Events in this area, the promotion of the City of Indio as an international Major Music Festival Event venue, and the continued protection of the community’s health, safety and public welfare. This zone implements the Major Music Festival Overlay General Plan land use designation.

B. Applicability.

1. The Major Music Festival Overlay zone applies to all use and development of properties within the boundaries of the Indio Ranchos – Polo Estates Specific Plan and the adjoining properties, designated with an “MMF” as shown on the Official Zoning Map.

2. Major Music Festival Event. A major music festival event is an event that meets the following criteria:
a. Includes a permitted attendance up to 125,000 people; b. The event venue and Ancillary Uses encompass at least 500 acres of land located in the Festival District Subarea under the Indio General Plan and located within the Major Music Festival Event Overlay Zone;
c. Provides for Ancillary Uses, if any, to support the Major Music Festival Event; and d. Includes up to three (3) days of musical performances.

C. Allowed Uses.

1. Primary Uses.

Major Music Festivals, as defined by this Code, are permitted as a primary use in the MMF Overlay zone.

2. Ancillary Uses.

Ancillary uses allowed in the MMF Overlay zone, as defined by this Code, include uses associated with Major Music Festival Events such as parking, tent, car and/or recreational vehicle camping and associated facilities, portable lavatory facilities, temporary structures such as pavilions, tents, outdoor stages, platforms, back drops, orchestra shells, audio platforms, other temporary shelter structures or enclosures, temporary grandstands and bleachers and other similar temporary structures or infrastructure as determined by the Director.

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Except as otherwise provided for by this Section, no lot, premises, building or portion thereof in the MMF Overlay Zone shall be used for any purpose except the uses permitted in the applicable base zone and/or the Indio Ranchos – Polo Estates Specific Plan.

D. Implementation.

Major Music Festival Events within the MMF Overlay Zone are permitted only with a development agreement and an approved Major Music Festival Event permit.

E. Major Music Festival Event Permit Required.

1. Permit.

Major Music Festival events shall be permitted within the MMF Overlay zone, provided, however, that no Major Music Festival event shall be permitted, engaged or commenced until a Major Music Festival event permit has been issued by the City Council pursuant to Subsection 2.07.02.H (Decision). The City Council may not permit more than five Major Music Festival events in one calendar year.

2. Number of Events.

A Major Music Festival event permit may permit up to five Major Music Festival Events, which may include car and/or recreational vehicle camping and any Ancillary Uses, during a single calendar year, with no more than three Major Music Festival Events occurring on consecutive weekends. The maximum term of any Major Music Festival event permit shall be no more than 37 years.

3. Conditions of Approval.

A Major Music Festival Event Permit shall contain any conditions of approval imposed by the City, including, but not limited to, a condition that the applicant enter into an agreement with the City for the provision and reimbursement of necessary and supplemental municipal services to ensure safety, security, and order at such events.

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F. Application and Submittal Requirements.

An application for a Major Music Festival Event Permit shall be filed with the Community Development Department and may be made by the property owner, its authorized agent, a party to a purchase contract with the property owner or who has a contractual or other legal interest in the property, or by a party to a valid use agreement with the property owner or its agent authorizing the party to use the property for the purposes described in the Major Music Festival Event Permit application. The application shall include a description and site plan of the Major Music Festival Event venue and Ancillary Uses, including proposed temporary structures; the requested number of years covered by the permit; the number of proposed Major Music Festival events per year; the approximate time of year when each of the Major Music Festival event or events will be held; the proposed maximum all-inclusive attendance; the proposed maximum number of vehicles (car and recreational) authorized for camping; the proposed hours of operation; proposed alcohol service and “beer garden” plan if required by the Alcoholic Beverage Control (ABC); and a description of any proposed operational plans and other information as may be reasonably required by the Director to evaluate the application and recommend conditions of approval.

G. Annual Implementation Plan.

After the issuance of a Major Music Festival Event Permit, the permittee shall annually submit an implementation plan including the site plan, proposed temporary structures, time of year when the events are to be held and operational plans for the upcoming year for review and approval by the City Manager, in consultation with the Director and Community Services Manager. Approval of the annual implementation plan by the City Manager shall be administrative provided that the implementation plan is consistent with the Major Music Festival Event Permit and conditions of approval and shall not require an amendment to the Major Music Festival Event Permit. If the permittee does not propose any changes in the annual implementation plan from the prior year, the permittee may instead submit a letter to that effect in satisfaction of this requirement.

H. Decision.

The City Council may approve an application for a Major Music Festival Event Permit for a term of up to 37 years if the application meets the requirements of this Section and upon the approval of a development agreement as required by Subsection D. The City Council may impose conditions on the Major Music Festival Event Permit which are necessary to preserve the public health, welfare, or safety, including conditions to ensure that the Major Music Festival events will not be materially injurious to properties or improvements in the vicinity when balanced with the temporary nature of the events.

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2.07.03. Resource Management and Open Space
Overlay (R-OS)
A. Purpose and Intent.

The Resource Management and Open Space (R-OS)
Overlay zone provides an overlay for areas consistent
with the Coachella Valley Multi-Species Habitat
Management Plan (CVMSHCP) to protect open space
and natural resource areas of the city. It is intended
for passive recreation, trails/paths, restoration,
ecotourism, environmental educational, and similar
activities. This zone implements the Resource
Management and Open Space Overlay General Plan
land use designation.

B. Applicability.

The Resource Management and Open Space Overlay zone shall apply to the areas designated with an “R-OS” as shown on the Citywide Zoning Map.

C. Allowed Uses and Development Standards.

Allowed land use and development regulations shall be consistent with the regulations for the underlying base zone in which the parcel is located and any relevant provisions in the CVMSHCP.

2.07.04. Planned Development Overlay (PD)
A. Purpose and Intent.

The Planned Development Overlay (PD) zone applies to areas of the City appropriate for a flexible and creative design approach to development, which allows the development of diverse and varied uses and development that may not comply with all of the base zone regulations and otherwise applicable standards of this Code, but for which the application of site-specific regulations and standards is appropriate to promote the orderly growth of Indio consistent with the General Plan. The overlay provides for one or more properties to be developed under a plan that provides for better coordinated development and incorporates development standards crafted to respond to specific site conditions. To adopt a Planned Development, the procedures established in Section

6.05.01 (Planned Developments) must be followed. Once established, the PD becomes, in effect, the zoning for the area within its respective boundaries.

B. Applicability.

Once established through the Planned Development (PD) Permit/Plan process, the Planned Development Overlay zone shall apply to the areas designated with a “-PD” as shown on the Citywide Zoning Map, followed by the number of the Planned Development.

C. Allowed Uses.

The PD Overlay Zone allows any permitted or conditional use consistent with the base zone.

D. Development Regulations.

1. Minimum Area.

The minimum area of a PD Overlay Zone shall be 10 acres; however, the City Council may approve a smaller area if it finds that a PD would provide greater benefits to the general welfare of the Indio residents and property owners than development under conventional zoning because of unique characteristics of the site or the proposed use.

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2. Residential Unit Density.

Except where a density bonus is granted in compliance with Indio Municipal Code Chapter 154 (Density Bonuses and Other Incentives for Low Income and Senior Housing) the total number of dwelling units in a PD Overlay zone shall not exceed the maximum number permitted by the General Plan density for the total area of the planned development designated for residential use, excluding areas devoted to public and private streets.

3. Performance Standards.

The Performance Standards prescribed by Chapter 3.04 (Performance Standards) apply.

4. Other Development Standards.

Other development standards shall be as prescribed by an approved PD Permit/Plan. Where the PD Permit/Plan is silent regarding particular development standards, the development standards of the applicable base zone shall apply.

E. Procedures.

See Section 6.05.01 (Planned Developments) for procedures for the PD zoning process.

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CITYWIDE REGULATIONS

UNIFIED DEVELOPMENT CODE

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3.01. RULES OF MEASUREMENT
For all calculations, the applicant shall be responsible for supplying drawings illustrating the measurements that apply to a project. These drawings shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the Approving Authority.

3.01.01. Fractions
Whenever this Code requires consideration of distances, parking spaces, dwelling units, or other aspects of development or the physical environment expressed in numerical quantities, and the result of a calculation contains a fraction of a whole number, the results will be rounded as follows:

1. General Rounding.

Fractions exceeding one-half (0.5) or greater shall be rounded up to the nearest whole number and fractions equal to or less than one-half (0.5) shall be rounded down to the nearest whole number, except as otherwise provided.

2. Exception for State Affordable Housing Density Bonus.

For the calculation of fractions related to permitted bonus density units for projects eligible for bonus density pursuant to Government Code Section 65915 or any successor statute and Indio Municipal Code Chapter 154 (Density Bonuses and Other Incentives for Low Income and Senior Housing), any fractional number of units shall be rounded up to the next whole number.

3.01.02. Measuring Distances

1. Measurements are Shortest Distance.

When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects.

2. Distances are Measured Horizontally.

When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. These distances are not measured by following the topography or slope of the land.

3. Measurements Involving a Structure.

Measurements involving a structure are made to the closest support element of the structure. Structures or portions of structures that are entirely underground are not included in measuring required distances.

4. Measurement of Vehicle Stacking or Travel Areas.

Measurement of a minimum travel distance for vehicles, such as garage entrance setbacks and stacking lane distances, are measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the center arc of the driveway or traffic lane.

5. Measuring Radius.

When a specified land use is required to be located a minimum distance from another land use, the minimum distance is measured in a straight line from all points along the lot line of the subject project, in all directions.

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Fig ure 3.01.02–1. Measuring Distances

3.01.03. Measuring Heights
A. Height Measurements.

Height shall be measured as the vertical distance from finished grade at all points adjacent to the building exterior to the highest point of the structure directly above (see Figure 3.01.03-1. Measuring Heights). For properties on a slope, the height of a structure shall be measured as the vertical distance from the average elevation of the finished grade to the highest point of the structure. The average elevation is determined by averaging the highest and lowest elevation points of the structure (see Figure 3.01.03-1. Measuring Heights).

Fig ure 3.01.03–1. Measuring Heights

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B. Height of Structures.

The height of each structure shall not exceed the height limit established for the applicable zone in Article 2 (Zone Regulations), except as otherwise provided by this Section. Maximum building height may include one additional subterranean story. Additional height limits are established for Sections 3.02.04 (Accessory Structures),

3.02.10 (Fences, Walls, and Screening), 3.02.11 (Outdoor Lighting), Chapter 3.05 (Sign Regulations), and Chapter

4.25 (Telecommunications/Wireless Facilities).

C. Height of Structure Exceptions.

The overall building height shall not exceed the maximum height standard of the zone, except that the following architectural features may exceed height limits up to the “Maximum height with architectural features” as established by zone in Article 2 (Zone Regulations), by Review Authority approval, or as otherwise allowed by this Code:

1. Architectural features, including skylights, chimneys, steeples, spires, towers, cupolas, and similar unoccupied features as approved by the Director;

2. Elevators and stairways;

3. Solar roof panels and appurtenant equipment;

4. Antennas allowed without a discretionary permit, as identified by the FCC;

5. Other mechanical equipment usually required to be placed above the roof level and not intended for human occupancy or to be used for any commercial or advertising purpose (e.g., water tanks, air conditioning units); and

6. Flagpoles and sculptures, provided that the same may be safely erected and maintained at such a height with respect to the surrounding conditions and circumstances.

D. Measuring the Number of Stories.

In measuring the number of stories in a building, the following rules shall apply:

1. An interior balcony or mezzanine shall be counted as a full story if its floor area exceeds one-half of the total area of the nearest full floor directly below it.

2. Subterranean stories do not count towards maximum number of stories except as noted. A subterranean story shall be counted as a full story if the vertical distance between finished grade and the finished surface of the floor above the basement is more than four feet at any point.

3. A story shall not exceed 25 feet in height from the upper surface of the floor to the ceiling above.

E. Fence and Wall Height Measurement.

1. Fence and wall height shall be measured as the vertical distance from the average of the ground levels immediately adjacent to both sides of the fence or wall to the top edge of the fence, wall, or other screening device. For example, when there is a difference in the ground level between two adjoining parcels, the fence or wall shall be measured at the mid-point of the retaining wall height as measured on the side with the lowest finish grade. See Figure 3.01.03-2. (Measurement of Fence and Wall Height on Parcels with Different Elevations).

2. Where a grade differential exists between two properties and/or a retaining wall, the height of a fence or wall is measured as the vertical distance from the average of the ground levels immediately adjacent to both sides of the fence or wall to the highest point of such fence or wall.

3. An earthen berm or mound not taller than two feet may count toward required height of landscaping and screening.

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Fig ure 3.01.03–2. Measurement of Fence and Wall Height on Parcels with Different Elevations
F. Measuring the Height of Decks.

Deck height is determined by measuring from the ground to the top of the floor of the deck directly above the ground below.

3.01.04. Lots and Setbacks
A. Lot Width.

Lot width is the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

B. Lot Depth.

Lot depth is measured along a straight line down from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line.

Fig ure 3.01.04–1. Measuring Lot Width and Depth

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C. Setbacks and Yards.

The calculations of measurements related to setbacks and yards are described in 3.02.03 (Setbacks and Encroachments).

3.01.05. Floor Area and Lot Coverage
A. Determining Floor Area.

The floor area of a building is the sum of the gross horizontal areas of all floors of a building or other enclosed structures, measured from the outside perimeter of the exterior walls.

1. Included in Floor Area.

Floor area includes, but is not limited to, all habitable space (as defined in the California Building Code) that is below the roof and within the outer surface of the main walls of principal or accessory buildings.

In the case of a multi-story building that has covered or enclosed stairways, stairwells, or elevator shafts, the horizontal area of such features shall be counted only once at the floor level of their greatest area of horizontal extent.

2. Excluded from Floor Area.

Floor area does not include mechanical, electrical, and communication equipment rooms that do not exceed two percent of the building’s gross floor area; bay windows or other architectural projections where the vertical distance between the lowest surface of the projection and the finished floor is 30 inches or greater; areas that qualify as usable open space such as balconies and outdoor terraces; and subterranean floors submerged more than four feet below finished grade of the property. Also excluded are areas used for all off-street parking spaces or loading spaces, driveways, ramps between floors of a multi-level parking garage, and maneuvering aisles.

3. Non-Residential Uses.

For non-residential uses, gross floor area includes pedestrian access interior walkways or corridors, interior courtyards, walkways, paseos, or corridors covered by a roof or skylight. Non-residential gross floor area does not include arcades, porticoes, and similar open areas that are located at or near street level and are accessible to the public but are not designed or used as sales, display, storage, service, or production areas.

B. Determining Floor Area Ratio.

The floor area ratio (FAR) is the ratio of the floor area, excluding the areas described in Subsection 3.01.05.C (Determining Lot Coverage), of all primary and accessory buildings on a site to the site area. To calculate the FAR, gross floor area is divided by site area and typically expressed as a decimal. For example, if the floor area of all buildings on a site totals 20,000 square feet, and the site area is 10,000 square feet, the FAR is expressed as 2.0.

C. Determining Lot Coverage.

Lot coverage is the ratio of the total footprint area of all structures on a lot to the net lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports, covered patios, and roofed porches, shall be summed to calculate lot coverage. The following structures shall be excluded from the calculation:

1. Unenclosed and unroofed decks, patio slabs, porches, landings, and stairways less than four feet in height;

2. Eaves and roof overhangs projecting up to three feet from a wall;

3. Trellises and similar structures that have roofs that are at least 50 percent open to the sky through uniformly distributed openings;

4. Swimming pools and hot tubs that are not enclosed in roofed structures or decks.

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Fig ure 3.01.05–1. FAR
Fig ure 3.01.05–2. Determining Lot Coverage

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3.01.06. Density
Density is the number of units per gross acre of a given land area (project area, subdivision, or parcel). In mixed use projects, density is the number of housing units divided by the land area of the mixed use development (that includes areas used for non-residential uses such retail space). The lot area that contains publiclyaccessible private open space, public and private streets and pathways, dedicated public parkland, above ground stormwater facilities, and required easements will be counted toward lot area for the purpose of calculating residential density.

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3.02. GENERAL SITE DEVELOPMENT

STAND ARD S FOR ALL ZONES

3.02.01. Purpose + Applicability
The purpose of this Chapter is to prescribe site regulations that apply, except where specifically stated, to development in all zones and are intended to ensure that proposed development is compatible with existing and future development on neighboring properties. These standards shall be used in conjunction with the standards for each zone established in Article 2 (Zone Regulations). In any case of conflict, the standards specific to the zone shall control.

3.02.02. Site Design
A. Applicability.

The standards in this Section shall apply in all residential, commercial, and mixed-use zones.

B. Block Size.

The maximum block size shall be no greater than 4 acres in size. No block shall be greater than 400 feet in length without a publicly-accessible path or street connecting from one public right-of-way to another public right-ofway or turn around point. Alleys do not count as a connecting street or publicly-accessible path.

C. External Connectivity.

Streets within any proposed building/development site shall, to the extent feasible and unless alternatively approved by the Director, be aligned with existing and planned streets and pathways in the surrounding area to create a continuous street pattern. All streets, alleys, pedestrian and bike pathways in any building/development site shall connect to other streets and to existing and planned public sidewalks, streets, open spaces, and bike paths outside the proposed development to the extent feasible. Any dead-end street longer than 300 feet shall be connected to other streets by a pedestrian path.

D. Multi-Modal Site Access.

Pedestrian and bike connections shall connect to existing and proposed public sidewalks, streets, transit stops, open spaces, bike paths, bicycle parking areas, and automobile parking areas adjacent to the project site.

1. A pedestrian pathway or multi-use path (pedestrian and/or bicycle) between buildings or through parking lots from the sidewalk to the interior of the site shall be provided for every 400 feet of a project’s frontage.
a. Pedestrian pathways/sidewalks shall have a minimum six-foot wide unimpeded throughway for the extent of the path or sidewalk.
b. Multi-use paths through sites that connect two parallel public or publicly-accessible rights-of-way shall permit 24- hour access for pedestrians, cyclists, and as appropriate emergency vehicles, and shall provide at minimum a 12-footwide path within a minimum 20-foot-wide public access easement.

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2. Pedestrian pathways/sidewalks connecting to the public sidewalk and other planned or existing pedestrian routes or trails shall be provided. A pedestrian pathway/sidewalk shall connect the primary building entry or entries to the public sidewalk on each street frontage. Pedestrian pathways/sidewalks a minimum five feet wide shall be provided from the public right-of-way to all primary entryways, common areas, guest/customer vehicle parking and bicycle parking areas.

E. Internal Streets and Paths.

Internal private drives, streets, and paths shall meet the following standards:

1. Private streets shall be a minimum of 26 feet wide, including a clear 20-foot-wide path of travel, and be designed consistent with City standards in the City Design and Engineering Manual. All publiclyaccessible private streets and multi-use pathways shall provide a minimum of one tree per 35 linear feet of street/pathway.

2. Private streets, including emergency vehicle
access areas, shall be set back a minimum of
five feet from interior property lines.

3. Differentiated paving materials, textures (i.e.,
stamped patterns), and/or colors shall be
required where pedestrian paths cross parking
areas (where applicable).

4. Private streets shall include on both sides
of a street a minimum 6-foot wide sidewalk
with a minimum 4-foot wide planting strip.

Trees shall be planted at a minimum average
spacing between trees of 35 feet. Shrubs and
groundcover shall cover at least 30 percent of
the planting strip. See also the City standards
in the City Design and Engineering Manual.

5. Private streets and paths shall be publicly accessible 24 hours a day.

6. Buildings fronting internal streets and paths, both public and private, shall follow all standards as if the building has a front parcel line at the back of walk for the internal street or path.

F. Access.

Appropriate access routes necessary for fire and safety access, subject to City approval, shall be provided for all areas of a project. See also the City standards in the City Design and Engineering Manual.

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3.02.03. Setbacks and Encroachments
A. Measurement of Setbacks.

1. Required setbacks shall be measured as the minimum horizontal distance from the nearest point of the front, side, or rear property line of the parcel to the nearest wall of the structure (see Figure 3.02.03-1.

Measurement of Setbacks), with the following exceptions:
a. When a property abuts a street with a required dedication or easement, the required setback shall be measured from the dedication/easement line.
b. Where a specific street plan has been adopted by the City Council, site area and required yards shall be measured from the plan line.

2. Generally, the front yard setback is determined by the front lot line, which is the lot line paralleling the street.

3. For flag lots and other irregularly shaped parcels, the front lot line is determined to be the narrowest portion of the lot. For flag lots, this excludes the narrow portion of the lot that represents the “pole.”

4. For through lots/double frontage lots, both lot lines are front lot lines and the lot is considered to have no rear lot line.

Fig ure 3.02.03–1. Measurement of Setbacks
B. Setback and Yard Requirements.

1. Except as permitted in Subsection C (Encroachments into Minimum Required Setbacks), or as otherwise specified in this Code for specific types of structures (e.g., accessory structures, signs) or through the issuance of a variance, structures shall not extend beyond required setback lines as established for each zone in Article 2 (Zone Regulations).

2. A required yard area is the yard space between the property line and the minimum setback as required by this Code. Lot and yard types are further defined in Article 7 (Definitions).

3. On a reversed corner lot, the minimum street side yard shall be no less than the required front yard on the adjoining key lot.

4. Except as otherwise permitted, front and street side yards shall be used only for landscaping, pedestrian walkways, driveways, or off-street parking.

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C. Encroachments into Minimum Required Setbacks.

Projections such as eaves, cornices, awnings, louvers, porches, stairs, flues, and chimneys may encroach into required setbacks according to the standards of Table 3.02.03-1. (Allowed Encroachments into Setbacks), subject to all applicable requirements of the Building Code. The “Limitations” column states any dimensional, area, or other limitations that apply to such projections. Table 3.02.03-1 applies to all zones unless otherwise specified.

Any projection over City property is subject to City discretion and issuance of an encroachment permit.

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Table 3.02.03–1: Allowed Encroachments into Setbacks
Projection Front/Street
Side Yard
Interior
Side Yard Rear Yard Limitations/Additional Regulations
All projections
• Unless otherwise specified, no projection may extend closer than three feet to an interior lot line or into a public utility easement. • The total area of all building projections shall not exceed 35 percent of the primary building facade area. Primary building facade is the facade built at the property or setback line.
• Where any allowance of this Code conflicts with applicable building codes, the more restrictive shall apply.

Architectural Features (Eaves,
Cornices, Bay Windows,
Chimneys)
3 ft 3 ft 3 ft
• May encroach to within 3 feet of
property line.
• Aggregate width of oriel or bay
windows shall not exceed 50%
of the length of the wall in which
they are located and the width of
any individual oriel or bay window
shall not exceed 10 feet.
• Upper-floor architectural
projections shall have a minimum
vertical clearance of 8 feet above
grade.

Weather Protection (awnings,
canopies)
5 ft from
building face
at property
line or at the
minimum
setback line
To within 3 feet of rear
and side property lines.

May encroach beyond the front
property line over sidewalk in
instances where the minimum
setback is less than 5 feet with an
encroachment permit.

Weather protection shall have a
minimum vertical clearance of 8
feet above grade.

Open, unenclosed fire
escapes and fireproof outside
stairways
4 ft 4 ft 4 ft
May encroach to within 3 feet of
property line. May be covered but
not enclosed.

Uncovered and unenclosed
porches, landings, decks,
patios, stoops, and similar
features less than 4 ft in height
6 ft 5 ft 6 ft May encroach to within 5 ft of
property line.

Uncovered and unenclosed
stairs, porches, landings,
decks, patios, stoops, and
similar features exceeding 4
ft in height, and upper-level
balconies and decks
3 ft 3 ft 6 ft May encroach to within 5 ft of
property line.

Covered patios and porches
attached to main structure 4 ft 0 ft 6 ft
May encroach to within 5 ft of
property line. May be covered but
not fully enclosed.

Uncovered steps and ramps
under 4 ft in height
To within 3 ft
of property
line
To within
3 ft of
property
line
To within
5 ft of
property
line

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Projection Front/Street
Side Yard
Interior
Side Yard Rear Yard Limitations/Additional Regulations
Outdoor fireplaces May not
encroach
No closer than 5 feet
from a property line,
except when adjacent to
permanent open space
such as a golf course,
common landscape
or hardscape area,
drainage channel, and
the like, in which case it
may be within 3 feet of
the property line
The height of the chimney may be
up to six feet unless required to be
higher to comply with building code
requirements. In such cases, the
height shall not be higher than the
minimum height required by the
adopted building codes.

Ponds, waterfalls, and other
water features
No closer than 5 feet from a property
line, except when adjacent to
permanent open space such as a golf
course, common landscape or hardscape
area, drainage channel, and the like, in
which case it may be within 3 feet of the
property line.

Within 5 feet of any property line,
the height of water features shall
not exceed 6 feet when adjacent to
a residentially zoned property.

Evaporative coolers, air
conditioners, and compressors
May not
encroach
To within 3 feet of rear
and side property lines.

Cannot be located in front of any
building.

Pools and Spas See Section 3.02.05 (Swimming Pools and Spas) Accessory Structures See Section 3.02.04 (Accessory Structures) Fig ure 3.02.03–2. Allowed Encroachments into Setbacks

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D. Encroachments Allowed without Restrictions.

The following features are allowed anywhere in any required yard without restriction:

1. Plant material including trees, shrubs, vines, hedges, and ground cover.

2. Uncovered landscape features such as paths, benches, flagpoles, sculptures, and similar decorative features.

3. Retaining walls, berms, earthen mounds, embankments, and other fill, subject to building and/or grading permits.

4. Fences, hedges, and walls not exceeding the maximum allowed height per Section 3.02.10 (Fences, Walls, and Screening).

5. Trellises and arbors to support vines and planting.

6. Entry features such as gates, arbors, and similar entry features not exceeding eight feet in height, ten feet in width, and three feet in depth.

7. Irrigation, drainage, and lighting systems.

8. Utility poles, wires, and pipes.

9. Stormwater treatment features.

10. Public art

11. Bicycle parking

12. Disabled access features, including, but not limited to, ramps and mechanical lifts, as required by the California Building Code and/or Americans with Disabilities Act.

3.02.04. Accessory Structures
A. Purpose and Intent.

This Chapter establishes development standards for
detached residential accessory structures. The purpose
of this Chapter is to protect the public health, safety, and welfare by maintaining safe distances between
structures, establishing architectural compatibility
between primary structures and certain types of
accessory structures, and minimizing potential impacts
associated with lot coverage, privacy, and maintenance
of light and air space.

B. Applicability.

The requirements contained in this Section shall apply
to detached accessory structures on private property
and shall be in addition to any other development
standards contained elsewhere in this Code. These
include, but are not limited to, garages, carports,
sheds, workshops, gazebos, and covered patios, that
are detached from and accessory to the main building
on the site. In the event of a conflict between the
provisions of this Section and any other provisions of
this Code, the stricter regulation shall control. For the purposes of this Code, accessory dwelling units are not considered accessory structures; accessory dwelling
units are governed by the requirements of Chapter

4.02 (Accessory Dwellings Units) and are exempt

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from the requirements of this Section. Structures with a common wall or roof with the main building shall be considered part of the main building. The provisions of this Section also do not apply to accessory buildings or structures attached to the main building, which shall comply in all respects with the requirements of this Code applicable to the main building. Allowed building projections into yards and required building separations are provided in Section 3.02.03.C (Encroachments into Minimum Required Setbacks).

C. Development Standards for Accessory Structures.

1. Relation to Existing Structures.

A detached accessory building or structure may only be constructed on a lot on which there is a permitted main building to which the accessory building or structure is related.

2. Amenities.

Accessory structures shall not contain indoor cooking facilities (combination of a sink, cooking apparatus, and refrigeration appliance) and shall not be designed for full-time living, guest accommodation (i.e., guesthouses), or rental purposes (see Chapter 4.02 (Accessory Dwelling Units). Pool houses that conform to the requirements of this Chapter are permitted. Accessory structures may have plumbing for a washer, dryer, toilet, shower, and/or utility sink.

3. Separation Between Structures.

Minimum distance between structures shall be provided in accordance with the regulations set forth in Article 2 (Zone Regulations) for each zone.

4. Lot Coverage.

The total lot coverage of the main dwelling, any accessory dwelling unit, and/or any accessory structures shall not exceed the maximum lot coverage as established by the applicable zone.

5. Setbacks and Heights.

Accessory structures shall meet the setback and height standards provided in Table 3.02.04-1. Accessory Structure Setbacks and Height Limits).

Table 3.02.04–1: Accessory Structure Setbacks and Height Limits Accessory Structure
Minimum Setback from Property Line1
Maximum
Height1
Front Street Side Rear/Interior
Side
Detached garage Same as for
primary structure
Same as for
primary structure 3 ft 14 ft
Structure/Building, ≤ 80 sf and ≤ 6 ft tall Same as for primary structure
Same as for
primary structure 3 ft 6 ft
Structure/Building, ≤ 80 sf and > 6 ft tall Same as for primary structure
Same as for
primary structure 3 ft 14 ft
Structure/Building, > 80 sf and ≥ 14 ft
tall
Same as for
primary structure
Same as for
primary structure 5 ft 20 ft
Play Equipment Same as for
primary structure
Same as for
primary structure 3 ft 14 ft

1. In the DE-1 zone, maximum height for barns and stables shall be 35 feet. Stables and barn yards shall be set back at minimum 50 feet from all property lines.

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Fig ure 3.02.04–1. Accessory Structure Setbacks

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3.02.05. Swimming Pools and Spas
Swimming pools, spas, and any body of water having a depth of more than 18 inches and related equipment shall comply with the following standards, in addition to all applicable requirements of the Building Code.

A. Water-Containing Portions of Swimming Pools and Spas.

The outside wall of the water-containing portion of any swimming pool or spa shall be located as follows:

1. Front Setback.

The outside wall of the water-containing portion of any swimming pool or spa shall not encroach into the front setback area unless approved by the Director due to special lot conditions.

2. Street Side Setback.

The outside wall of the water-containing portion of any swimming pool or spa shall be located a minimum of 10 feet from the street side property line. Where the lot is enclosed by a masonry subdivision perimeter wall, the street side setback is five feet.

3. Interior Side and Rear Setbacks.

The outside wall of the water-containing portion of any swimming pool or spa shall be located a minimum of five feet from the interior side and rear property lines.

4. Dwelling Unit Setback.

The outside wall of the water-containing portion of any swimming pool or spa shall be located a minimum of five feet from the exterior wall of any dwelling unit.

Fig ure 3.02.05–1. Swimming Pool and Spa Setbacks
B. Pool Filter, Heating, and Maintenance Systems.

All pool and spa filter, heating, and maintenance systems and equipment shall not be located within any required setback adjacent to a public street, or within three feet of an interior side or rear property line, or within 10 feet of the living area of any dwelling unit on an adjacent parcel unless located completely within a soundproof enclosure.

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3.02.06. Visibility Area
A. Height Limit at Street Corners.

Development proposed adjacent to any public or private street, or an alley intersection, shall be designed to provide a traffic safety visibility area (i.e., sight triangle) for pedestrian and traffic safety.

1. Measurement of Visibility Area.

The traffic safety visibility area is the triangle formed at the intersection of two streets and/or alley rights-of-way by measuring 20 feet along both the front and side property lines and connecting the lines diagonally across the property.

2. Height Limit.

No structure, sign, or landscaping shall exceed three feet in height within the traffic safety visibility area (i.e., sight triangle), unless approved by Public Works.

Fig ure 3.02.06–1. Visibility Area
B. Height Limit at Driveways.

A minimum sight triangle extending ten feet shall be maintained at all driveways.

1. Pedestrian Safety.

Within a driveway sight triangle, no plant material, tree trunks, signage, walls, fences, or any other obstructions shall interfere with the driver’s view of pedestrians on a public sidewalk.

2. Height Limit.

Within the driveway sight triangle, signage, walls, fences, etc., shall not exceed three feet in height.

Within the driveway sight triangle, plant material shall not exceed three feet in height at maturity; trees shall be trimmed so that branches are at least seven feet above top of curb level.

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3.02.07. Utilities, Service Areas, and Building
Equipment
A. Applicability.

This Section applies to stand-alone non-residential uses in the city.

See Section 3.02.08 (Refuse and Recycling) for regulations on refuse and recycling areas.

B. Undergrounding of Utilities.

C. Location of Service Areas, Storage, Utilities, and Equipment.

All above-ground utilities and equipment (e.g., electric and gas meters, fire sprinkler valves, irrigation backflow prevention devices, etc.), service areas, and storage areas shall be integrated into building and landscape design and located to minimize impact on the pedestrian experience and neighboring properties by following the standards below:

1. Utilities and equipment, service, storage,
and non-passenger loading areas shall be
located inside of buildings or on non-primary
street frontages, alleys, parking areas, and/or
at the rear or side of building.

2. Utilities and equipment, service, storage,
and non-passenger loading areas shall not be
located within the minimum setback areas,
along mid-block pedestrian connections,
within the public right-of-way, and/or within
25 feet of a street corner.

3. Utilities and equipment, service, storage, and
non-passenger loading areas shall be fully
screened from view per Section 3.02.07.D
(Service, Utility, and Equipment Screening)
below.

D. Service, Storage, Utility, and Equipment Screening.

All service and storage areas, utilities, and equipment not housed inside buildings shall meet the following screening standards:

1. Screening shall be equal to or higher than the height of the equipment to be screened, unless specified otherwise.

2. Screening shall be made of a primary exterior finish material used on other portions of the building, architectural grade wood or masonry, metal, or landscape screening that forms an opaque barrier when planted.

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E. Location and Screening of Rooftop Equipment.

Rooftop elements including roof access, mechanical equipment, and other features needed for the function of the building shall be located to minimize visual impact by meeting the following requirements. Mechanical equipment less than two feet in height, solar panels, wind generators, or green roof features are exempt from these requirements.

1. Mechanical equipment shall be set back a minimum of 10 feet from the roof edge or screened with a parapet wall.

2. Rooftop equipment shall be screened such that it is not visible from any point at or below the roof level of the subject building (see 3.02.07.D (Service, Utility, and Equipment Screening)).

3.02.08. Refuse and Recycling
A. Applicability.

Any new development project for which an application for a building permit is submitted after the Effective Date of this ordinance shall include adequate, accessible areas for collecting and loading refuse and recyclable materials.

These regulations apply to refuse and recycling areas not accessible to the public, and which are used exclusively by the tenants/owners of the development site. The provisions of this Section apply to all development except:

1. Single-family or multi-family residential development projects that do not necessitate communal or shared trash and recycling areas/containers. In such cases, no enclosure structure shall be required, however individual trash and recycling containers shall be stored in such a manner that containers are not visible or screened from public view from the front of the property. Containers may be placed in public view for purposes of collection.

Effective December 31, 2024, all existing developments, except single-family or multi-family residential development projects that do not necessitate communal or shared trash and recycling areas/containers, must also comply with the provisions of this Section. The Director or designee shall have the discretion, as set forth in Subsection G, to provide adjustments or exceptions to assist existing businesses with compliance to this Section.

B. General Requirements.

1. Trash and recycling containers and collection areas shall be adequate in capacity, number, and distribution to accommodate all waste generation of the site. An area for the storage of trash shall be provided with minimum clear dimensions of five feet by seven feet for all multi-family residential uses of four to 19 dwelling units, and for all nonresidential uses with a gross floor area of less than 5,000 square feet. Multi-family residential uses with 20 or more dwelling units, and nonresidential uses with 5,000 square feet of gross floor area or more, shall provide trash storage areas with the minimum size determined by the local disposal service based on the type of use, the size of the refuse area proposed, and the frequency of refuse collection.

2. Adequate and accessible enclosures for the storage of trash and recyclable materials shall be provided.

An alternative to a trash/recycling enclosure shall include the placement of a bin in a concrete or metal lined pit. The use, location, design, construction, and accessibility of enclosures shall conform to the requirements in this Code, and shall be reviewed by the local disposal service and approved by the Director.

3. When a site is retrofitted or upgraded to comply with refuse and recycling standards, the location of any new enclosures shall be reviewed by the local disposal service and approved by the Director. A maximum of one parking space per enclosure may be eliminated if it can be shown that the elimination of said parking space will not be deleterious to the circulation and parking conditions on site.

4. Solid waste collection areas shall not be used for storage or other purposes.

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C. Location.

1. Refuse and recycling collection areas shall be located inside of buildings or inside of enclosures located along alleys or in parking areas at the rear or side of buildings. Refuse collection areas are prohibited within any required front yard, street side yard, any required parking spaces, landscape areas, and open space areas.

2. Enclosures shall be located a minimum of 10 feet from any structure, 25 feet from any public street, 15 feet from a private street and, in non-residential areas, 20 feet from any residential zoned property line.

3. The location of enclosures shall not conflict with circulation or parking conditions on site. A condition shall not be created where a parked vehicle will obstruct access to an enclosure nor where a disposal truck will obstruct parked vehicles.

D. Access.

The storage area for refuse and recyclable materials shall be accessible to pedestrians (both residents and/or employees) of the development site and to refuse and recycling haulers. Vehicle access requirements are as follows:

1. Driveways or travel aisles leading to exterior collection areas or enclosures shall be a minimum of 16 feet in width and paved in accordance with this Code’s paving requirements.

2. Where driveways do not extend from street to street, a turnaround area for collection vehicles shall be provided. Minimum turning radius for collection vehicles at 26/46.

3. Driveways or travel aisles shall provide unobstructed paved access for collection vehicles and provide a minimum of 15 feet vertical clearance. In loading areas, minimum overhead vertical clearance shall be 25 feet for loading operations.

4. A concrete apron or pad, having a minimum size of 10 feet wide by 20 feet long, shall be constructed in front of each exterior collection area or enclosure or at the point of pick-up by the collection vehicle.

The purpose of this pad is to prevent damage to the surrounding asphalt paving. The pad shall have a level surface (no slope) and shall be paved
with concrete. The Director may waive the
requirement for, and/or size of, the concrete
apron or pad provided the property owner can
demonstrate that the existing asphalt located
at the access and servicing areas of the
refuse and recycling enclosure has withstood
on-going, regular use without appreciable
degradation.

E. Enclosures.

Exterior collection areas must be within an enclosure
that meets the following standards.

1. Minimum Height.

Enclosures shall be adequate height to fully
screen containers and materials within, with a
minimum height of six feet.

2. Design and Materials.

Trash/recycling enclosures shall be
constructed of a primary exterior finish
material and color used on other portions
of the building, architectural grade wood or
masonry, metal, or decorative block.

3. Pedestrian Access.

A pedestrian access and separate access for
primary collection shall be provided.

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4. Controlled Access and Roofing.

Refuse and recycling enclosures must be fully enclosed, including solid roofing over the structure to block rainfall and prevent uncontrolled access to collection areas. Lids must always remain closed except when loading or unloading.

5. Gates.

Solid metal gates painted to match the enclosure shall be required. All gates shall be post mounted.

Gates shall be secured with a padlock approved by the local disposal service.

6. Protection from Bins and Vehicles.

Concrete curbs, bollards, or wheel stops shall be installed or constructed inside the enclosure to prevent bins from damaging the enclosure. Concrete curbs or equivalent shall protect the exterior of enclosures from adjacent vehicle parking and travel ways.

F. Maintenance.

Maintenance of each enclosure area and any bins and containers shall be the responsibility of the property owner. The property owner shall be responsible for keeping the area clean and free of litter, rodents, and insects.

Enclosures that are damaged to the point of non-use will result in a service interruption if the hauler cannot access the containers and shall be repaired or replaced within 60 calendar days following notification by the City.

G. Procedures and Exceptions.

The Director shall have the authority to approve exceptions, or consider modified design standards, to the requirements of this Section, for existing and new development projects, and projects involving the expansion or retrofit of an existing development. The property owner/applicant must first prove that he/she cannot meet the requirements for the refuse and recycling collections areas as set forth in this Section and any other applicable Section.

1. Reasons for Exceptions.

Exceptions may be approved for reasons including, but not limited to, the following:
a. The requirement to provide adequate space for refuse and recyclable materials storage and collection would necessitate the conversion or removal of required parking spaces or required landscaping, or would conflict with some other essential site improvement required by the City; b. The nature of the proposed development justifies the provision of less recyclable materials storage and collection space than mandated by this Section; or
c. Construction of the full enclosure would reduce the vehicular access aisle to less than acceptable width. Cost alone is not a valid reason for granting an exception.

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2. Required Findings.

Exceptions from any provision of this Section may be approved if the following findings can be made:
a. That the exception from these requirements will not be detrimental to public health, safety, or welfare nor result in a nuisance; and
b. That the project will provide adequate capacity, number, and distribution of collection areas to serve the new or existing development.

Fig ure 3.02.08–1. Solid Waste Trash Enclosure Specification Sheet

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3.02.09. Landscaping
A. Purpose.

The purpose of this Section is to establish minimum landscape standards to enhance the appearance of developments, reduce heat and glare, control soil erosion, conserve water, establish buffers and screening between land uses or of unsightly features, and to ensure the ongoing maintenance of landscape areas.

B. Applicability.

These standards shall apply to all new development and major additions or renovations of existing properties/ structures in the City (as defined in Article 7 (Definitions)). This Section shall not apply to the following:

1. Properties zoned OS (Open Space).

2. Properties zoned RR (Resource Recovery).

C. Landscape and Irrigation Plan and Review Process.

1. Projects Subject to the Water Efficient Landscape Ordinance. a. Applicability. All project that meet the criteria below shall comply with the Water Efficient Landscape Ordinance, as follows.
i. New development projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building permit, Zoning Clearance, or Planning Review. ii. Renovated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building permit, Zoning Clearance, or Planning Review. b. Process. A landscape documentation package shall be prepared and approved in accordance with Indio Municipal Code Section 54.063 (Water Efficient Landscape Development Standards). The landscape documentation package requirements can be found in Ordinance 1684.

2. All Other Landscape Projects.
a. Applicability. All other landscape projects that do not meet the criteria listed above. b. Landscape and Irrigation Plan. A landscape and irrigation plan shall be submitted to the Director in conjunction with site improvement plans. The plans shall show the exact location of and irrigation for trees, shrubs, and ground cover. The landscape plan shall include, at a minimum, plant name, plant quantity, plant size, location of impervious surfaces, minimum landscape coverage and percentage live plant material, utilities and lighting, irrigation system, and plans for tree retention and removal where applicable. The landscape plan shall also include a water budget that includes the estimated water use (in gallons), the irrigated area (in square feet), precipitation rate, and flow rate in gallons per minute.

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3. Landscape Plan Review Process.

The following landscape plan review process shall be conducted in conjunction with review for the proposed action, pursuant to the requirements of Article 6 (Administration and Procedures). a. Approving Authority. The approving authority shall be the same as the approving authority of the permit or approval sought for new projects or modifications to existing development. b. Approval of Plans. The approving authority shall review and approve the landscape and irrigation plan prior to issuance of building permits or planning entitlements for new projects or modifications to existing development.
c. Approval Required. The landscaping shall not be installed until the applicant receives approval of the landscape and irrigation plan by the approving authority and any applicable permits have been issued. d. Changes to Approved Plans. Changes to the approved landscape and irrigation plans that affect the character or quantity of the plant material or irrigation system design are required to be resubmitted for approval before installation.

D. Irrigation and Water Efficient Landscape Standards.

Required landscape areas shall be supported by a permanent, automatic irrigation system coordinated to meet the needs of various planting areas. Proper irrigation shall be provided for healthy plant growth and maturation, and shall be designed to avoid the watering of structures, public walkways, and pedestrian access areas.

A landscape documentation package prepared and approved in accordance with Indio Municipal Code Section

54.063 (Water Efficient Landscape Development Standards) shall be required for any project that is subject to the procedures and standards set forth in that Section. For all other projects, the following apply:

1. Irrigation systems shall be designed to avoid runoff, excessive low head drainage, overspray or other similar conditions where water flows or drifts onto adjacent property, non-irrigated areas, walkways, roadways, or structures.

2. Low-volume irrigation systems with automatic controllers shall be required. Low-volume irrigation systems include low-volume/high-efficiency sprinkler heads, bubbler, drip irrigation, and soaker hose emitters. Irrigation systems shall be equipped with a meter or submeter and backflow preventer.

3. Automatic controllers shall be set to water between 7:00 p.m. and 10:00 a.m. to reduce evaporation.

4. An irrigation schedule indicating the four seasons of watering cycles is recommended for all irrigated landscape areas, and is required for those projects with a total landscape area of 2,500 square feet or more.

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E. Timing of Installation.

Required landscape and irrigation improvements shall be installed prior to the issuance of a certificate of occupancy by the Building Official unless specified otherwise in the project’s conditions of approval.

F. Minimum Landscape Coverage and Live Plant Material.

Yards and setback areas shall be landscaped in accordance with the regulations set forth in Article 2 (Zone Regulations) which establishes minimum landscape coverage and percentage of live plant material required for each zone. Areas devoted to parking, driveways, and walkways are excluded from the calculation of minimum landscaped area. Live plant materials include groundcover, shrubs, and trees. The remainder of landscaped yard and setback areas may be rock, gravel, pebbles, stones, or similar natural non-living material. Landscaped areas shall be top dressed with a rock, gravel, or an approved alternative to avoid exposed bare soil. Synthetic turf may be counted towards the required minimum landscape coverage, but does not count as live plant material.

Required landscaping of public and common open spaces can be found in Article 2 (Zone Regulations).

G. Plant Types.

1. Drought-Tolerant and Native Species.

Landscape planting shall incorporate at
minimum 50 percent drought-tolerant and
native species (especially along natural, open
space areas), and shall be suitable for the soil
and climatic conditions specific to the site.

2. Group Plants by Water Use.

Plants shall be grouped according to their
water needs and irrigated separately from
other groupings to promote water efficiency.

3. Street and Parking Lot Trees.
a. Street and parking lot trees shall be
selected from the Coachella Valley Water
District’s “Lush and Efficient: DesertFriendly Landscaping in the Coachella Valley” guidebook.
b. Trees planted within ten feet of a street,
sidewalk, paved trail, parking area, or
walkway shall be a deep-rooted species or
shall be separated from hardscapes by a
root barrier to prevent physical damage to
public improvements.

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H. Turf and Synthetic Turf.

1. Turf areas shall be limited to activity or recreation areas.

2. Synthetic turf may be used as a substitute for natural turf for the purposes of water conservation, or in high activity or foot-traffic areas such as sports fields. The following standards shall apply to the use and maintenance of synthetic turf.
a. Synthetic turf shall consist of lifelike individual blades of grass that emulate real grass in look and color and have a minimum pile height of one and one-half inches. b. Synthetic turf used for pet areas shall be specifically formulated for that purpose. c. A proper drainage system shall be installed underneath to prevent excess runoff or pooling of water. d. Synthetic turf shall be installed and maintained to effectively simulate the appearance of a well maintained lawn.
e. The use of indoor or outdoor plastic or nylon carpeting as a replacement for synthetic turf or natural turf shall be prohibited.
f. Trees should be kept a minimum of 10 feet away from synthetic turf areas. g. Synthetic Turf Maintenance Guidelines.
i. Synthetic turf should be maintained free of moss, mold, algae, and fungi growth. ii. Chemical agents or contaminated water should not be applied to synthetic turf. iii. A turf groomer should be used to maintain the distribution of the infill material in the turf and to raise the turf fibers. Brushing should be performed every couple weeks, raking of the turf should be performed once a month, and cleaning/sanitizing should be performed once a year.

I. Plant Size, Spacing, and Location.

In order to achieve an immediate effect of a landscape installation and to allow sustained growth of planting materials, minimum plant material sizes, plant spacing, and minimum planter widths (inside measurements) are as follows:

1. Shrubs Size.

All proposed shrubs, except accent, color, or ground cover planting, shall be a minimum 5 gallons in size, with a 15-gallon minimum size where required for screening. The minimum planter width for shrubs is 3 feet.

2. Trees Size.

The minimum planting size for trees shall be 15-gallon, with 25 percent of all trees on a project site planted at a minimum 24-inch box size. Minimum planter width for trees shall be 5 feet.

3. Spacing.

The spacing of trees, shrubs, and ground cover plants shall accommodate mature planting size. Where required for screening, spacing shall form an opaque barrier when planted.

4. Location.

Trees and shrubs shall be located and spaced to ensure unobstructed access for vehicles and pedestrians and provide clear vision at intersections per Section 3.01.06 (Visibility Area).

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J. Landscape Maintenance.

All landscaping shall be kept in an orderly condition, as follows:

1. Prior to the installation of landscaping in the public right-of-way, the developer shall provide for the continued maintenance by an agreement with the City of Indio.

2. Lawn and ground cover shall be trimmed or mowed regularly. All planting areas shall be kept free of weeds and debris.

3. All plantings shall be kept in a healthy and growing condition. Fertilization, cultivation, and pruning shall be a part of regular maintenance. Good horticultural practices shall be practiced in all instances.

4. Irrigation systems shall be kept in working condition. Adjustments, replacements, repairs, and cleaning shall be a part of regular maintenance.

5. All significantly injured, decayed, or dead trees and other plant material shall be replaced within thirty days.

6. Trees and shrubs shall not overhang or encroach upon walkways, drives, parking areas, and traffic signs to the extent that they interfere with the use of these areas. Tree limbs which overhang public sidewalks shall be kept trimmed to a height of at least eight feet above the sidewalk level. Tree limbs which overhang the street shall be kept trimmed to a height of at least 13 feet above the street level.

7. Trees shall be staked and tied with lodge poles at the time of installation.

8. Stakes and ties on trees shall be checked regularly for correct functions. Stales and ties shall be adjusted to avoid creating abrasions or girdling on trunks or branches, and removed after trees are well-established.

K. Parking Lot Landscaping.

Parking lot landscaping includes perimeter planters, abutting parking lots and drive aisles, tree planting for parking lot shade, and a combination of continuous planting strips, planting fingers, and parking islands throughout the parking lot. The following parking lot landscape requirements are applicable to parking lots in commercial, industrial, mixed-use, and residential developments with five or more spaces.

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1. Parking Area Landscape Plans.

Landscape and automatic system plans, including the type and location of plant materials, shall be submitted to and approved by the applicable Review Authority either as a part of a review process applicable to the subject property or prior to the issuance of building permits if no such review process is required.

2. Minimum Landscaping and Distribution.
a. Minimum Landscaping. A minimum of 15 percent of the total off-street open parking area shall be landscaped with a mixture of trees, shrubs, ground cover, and other plant material. A minimum of one-third of the required landscaping shall be distributed within the interior of the parking facility and the remaining two-thirds of the required landscaping shall be provided as peripheral planting on the exterior edges of the parking area. The parking area shall be computed by adding the areas used for access drive aisles, stalls, maneuvering, and landscaping within that portion of the premises that is devoted to vehicular parking and circulation.
b. Minimum Trees. A minimum of one 24-inch box tree shall be required for each four parking spaces.

Said trees are intended to provide shade to parked vehicles and shall be of a type adapted for the climate of the Coachella Valley. Street side planters may contain palm trees at a rate of not more than 25 percent. Parking lot trees may be coordinated with required street trees, but in no event shall the number of trees be less than one for every 30 lineal feet of street frontage. The following exceptions shall apply:
i. Where this ratio cannot be achieved due to the installation of solar facilities, trees shall be provided along the perimeter of the parking lot.
ii. An existing shade tree may fulfill this requirement, so long as the existing shade tree is a minimum of four inches diameter at breast height. Existing mature trees on the site in good health shall be preserved whenever possible.
c. Non-Plant Material. Crushed rock, wood chips, pebbles, stones, and similar non-plant materials shall be allowed up to 60 percent of the total required landscaping. Landscaped areas shall be top dressed with a bark chip mulch or an approved alternative to avoid exposed bare soil. d. Parking Lot Hardscape Requirements. Parking lot dividers, islands, planters, and planting areas shall be a minimum of five feet wide and five feet long (including the curb). Planters shall be separated from maneuvering and parking areas by a six-inch, raised concrete curb or equivalent. Tree areas shall be planted a minimum of five feet from walls, walkways, or buildings. To protect hardscape and encourage deep root development, root barriers shall be installed during planting operations. e. Access. Landscaping shall be located so that pedestrians are not required to cross unpaved landscaped areas to reach building entrances from parked cars. This shall be achieved through proper orientation of the landscaped planters and islands, and by providing pedestrian access through landscaped areas that would otherwise block direct pedestrian routes. f. Perimeter Landscape Strip. Each unenclosed parking lot shall provide a perimeter landscaped strip where the facility adjoins a property line in accordance with the following standards. The perimeter landscaped strip shall be planted with trees, shrubs, and groundcover, and may include any landscaped yard or landscaped area otherwise required. The landscape strip shall be continuous, except for required access to the site or parking facility. i. Minimum five-foot landscape strip in the SN-4, SN-8, CN-14, CN-20, NC, MUN, and MT zones. ii. Minimum 10-foot landscape strip in the RC, IL, and IH zones.

3. Landscaping Installation and Maintenance.
a. Maintenance. All parking lot landscaping shall be maintained in perpetuity, with all maintenance to include, but not be limited to, irrigation corrections, fertilization, pruning, and staking as required by Section 3.02.09.J (Landscape Maintenance).
b. Landscaping Irrigation. Irrigation systems shall be installed within parking lot landscaping. The irrigation system shall be an automatic system with an irrigation timer and two drip or bubbler heads per tree to provide adequate deep root irrigation.

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3.02.10. Fences, Walls, and Screening.

A. Permit Requirements and Exemptions.

Unless otherwise exempt below, a Building Permit is required for new fences, walls, and screening.

1. Residential Fences and Walls.

Fences and walls located in single-family residential zones (DE-1, DET-3, SN-4, SN-8) shall be constructed in compliance with the requirements of this Section.

Required Fences and Walls.

The requirements of this Section shall not apply to a fence or wall required by any law or regulation of the County, State, or Federal government, or any agency thereof.

2. Temporary Fencing.

Nothing in this Section shall be deemed to prohibit the erection of a temporary fence, including chainlink fencing, around construction projects in compliance with the building code and other applicable requirements of this Code.

B. Required Screening Between Different Zones.

A screening wall or fence is required between different zones for new development. Within the required front or street side setback the wall or fence shall be reduced consistent with the property line site wall/fence height standards of the applicable zone (See Section 3.02.10.C (Maximum Height)). Required screening shall be landscaped in accordance with Section 3.02.10.F (Landscape Screening).

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1. Between Non-Residential and Residential or
Mixed-Use Zones.

Where a non-residential zoned property abuts
a residential or mixed-use zoned property,
a solid masonry wall or wood fence shall be
installed along the adjacent interior property
lines with a minimum height of six feet and a
maximum height of seven feet.

2. Between Mixed-Use and Stand-Alone
Residential Zones.

Where a Mixed-Use zoned property abuts a
residential zoned property, a solid masonry
wall or wood fence shall be installed along
the adjacent interior property lines with a
minimum height of six feet and a maximum
height of seven feet.

3. Between Non-Residential Zones.

Where non-residential zones abut each other,
a solid masonry wall shall be installed along
the interior property lines with a minimum
height of six feet and a maximum height of
eight feet. Where a non-residential property
abuts another property in the same zone,
walls are allowed but not required.

4. Mobile Home Parks.

See Chapter 4.16 (Manufactured/Mobile
Home Park).

5. Adjacent to Freeways.

Fences, walls, berms and/or other sound
attenuation features that border freeways
may be constructed to a height of six feet above natural grade or to such other height as required by the Director, to adequately mitigate the adverse effects of noise and/or for aesthetic reasons as discussed in an environmental document (e.g., an EIR or negative declaration).

6. Utilities, Equipment, and Service Areas.

All utilities, equipment, and service areas shall be screened in accordance with Section 3.02.07 (Utilities, Service Areas, and Building Equipment) and Section 3.02.08 (Refuse and Recycling).

7. Parking and Loading Areas.

Parking and loading areas shall be screened in accordance with Chapter 3.03 (Parking + Loading).

8. Outdoor Storage Areas.

Outdoor storage areas shall be screened from view from any adjacent public street or freeway, existing or planned residential area/property, or publicly-accessible open space area with a solid masonry wall or wood fence a minimum of six feet in height and a maximum height of eight feet. In the IL and IH zones, screening walls shall be a minimum of eight and maximum of 10 feet in height.

C. Maximum Height.

Unless otherwise specified and per Subsection 3.02.10.D (Intersection and Driveway Visibility), fences, walls, and similar screening structures are limited to a maximum height as follows:

1. Residential and Mixed-Use Zones.
a. Within Required Front Setbacks: Three feet. An additional foot of fencing is allowed (maximum four feet) provided that all fencing above three feet in height is at least 50 percent open/transparent. b. Within Required Street Side Setbacks: Six feet. An additional foot is allowed (maximum seven feet), provided that the portion of the fence exceeding six feet in height consists of lattice or similar nonsolid material.

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c. Within Required Interior Side and Rear Setbacks. Six feet. An additional foot is allowed (maximum seven feet), provided that the portion of the fence exceeding six feet in height consists of lattice or similar non-solid material.

2. Commercial Zones
a. No Closer than Five Feet from any Street-Facing Property Line. Three feet. An additional foot of fencing is allowed (maximum four feet) provided that all fencing above three feet in height is at least 50 percent open/transparent.
b. All Other Required Setback Areas. Six feet. An additional foot is allowed (maximum seven feet), provided that the portion of the fence exceeding six feet in height consists of lattice or similar nonsolid material.

3. Industrial Zones.
a. No Closer than Five Feet from any Street-Facing Property Line. Six Feet. b. All Other Required Setback Areas. Eight feet.
c. Exception. See outdoor storage screening standards in Section 3.02.10.B.8 (Outdoor Storage Areas).

4. Decorative Features.

Support posts or columns not exceeding 18 inches in width may exceed maximum allowable fence heights by a maximum of 4 inches. One entry gateway, trellis, or other entry structure is permitted in the required front or street-facing setback of each lot, provided that the maximum height or width of the structure does not exceed 10 feet. Such decorative feature shall not have any solid obstruction that exceeds two feet in diameter between the height of three and 10 feet.

5. Recreational Fencing.

Fencing located around tennis courts, badminton courts, basketball or volleyball courts and similar recreation facilities up to 12 feet in height may be allowed with Director approval, providing that all parts of the fence over six feet are made of open wire construction or other corrosion-resistant and semitransparent materials.

6. Pools, spas, and similar features.

Swimming pools, spas, and other similar water features shall be enclosed in compliance with building code requirements.

D. Intersection and Driveway Visibility.

Notwithstanding other provisions of this Section, fences, walls, and related structures shall comply with the intersection and driveway visibility requirements in Section 3.02.06 (Visibility Area).

E. Retaining Walls.

Retaining walls shall be required at all locations where there is a grade separation of more than 12 inches between properties. This may be waived by the Director upon approval of an alternative design by the City Engineer.

F. Landscape Screening.

Required screening between different zones shall be landscaped as follows:

1. Minimum one tree at least 15-gallons in size per 20 linear feet.

2. Minimum three shrubs per 20 linear feet.

See Section 3.02.09 (Landscaping) for additional landscaping requirements.

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G. Materials.

1. Prohibition on Potentially Hazardous Fencing
Materials.

The use of barbed wire, razor wire,
ultrabarrier, electrified, broken glass, and
other hazardous fencing is not permitted
unless such fencing is required by any law or
regulation of the City, the State of California,
Federal Government, or other public agency.
a. Exceptions.
i. Public safety facilities, such as police
stations and fire stations, are exempt.
ii. The Director may approve an exception
to this standard for sites in the I-L, I-H,
or RR zones, provided the hazardous
fencing materials are located at the top
portion of a fence which is at least six
feet in height and where the Director
finds such fencing is necessary for
security purposes. An Administrative
Use Permit is required. These approvals
shall not be granted unless the
fence complies with all the following
standards:
a). No part of the electric fence is
adjacent to public uses and public
property, including but not limited to: parks, active open spaces, schools, daycare centers, after school programs, or other places where children may congregate. b). The applicant shall provide security and construction plans to the Indio Fire Department and Indio Police Department, both of which must review and approve the plans prior to the public hearing.
c). The applicant shall design and install the electric fence in a manner that, in an emergency situation, the responding crews could immediately disable the electricity at the entry point. d). The applicant shall design and locate the lighting used to illuminate the electric fence to confine direct rays to the premises. No spillover or bleeding of light beyond the property line or into the sky shall be permitted.
e). The applicant shall install an approved emergency access key lock box to the satisfaction of Indio Police Department and Indio Fire Department for emergency access to any site armed with electric fences.
iii. Electrified fencing may be allowed in the DE-1 or DET-3 zones for animal control. An Administrative Use Permit is required. Such fences shall also be adequately signed with warnings.

2. Limitation on Chain-Link Fencing.
a. Residential Zones. Chain-link fencing is prohibited in residential and mixed-use zones. b. Non-Residential Zones. In non-residential zones, chain-link fencing shall not be visible from adjacent at-grade public streets, a State highway, or adjacent residential or mixed-use zones. c. Vacant Properties. Vacant properties in any zone may be fenced with chain-link fencing not to exceed six feet in height when the purpose of such fencing is to prevent unauthorized use, dumping, or vehicular soil disturbance that results in fugitive dust or nuisance conditions. Such fencing of vacant properties shall not be construed to allow use of the property for outdoor storage. Barbed wire is not permitted.

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3. Anti-Graffiti Treatment.

Walls shall be constructed of a graffiti-resistant material consisting of a hard, smooth, impermeable surface (e.g., ceramic tile or baked enamel), or treated with an anti-graffiti sealant.

4. Limitation on Concrete Block.

Plain, concrete block is not permitted as a fence/wall material. Concrete block must be finished with stucco (or decorative split-faced block) and capped with a decorative cap.

5. Retaining Walls.

Retaining walls shall be constructed of masonry material such as brick, concrete, or paver block.

H. Measuring Height of Fences or Walls.

For measurement of fences and walls, see Section 3.01.03.E (Fence and Wall Height Measurement).

I. Wall and Fence Design.

All new sound walls, masonry walls, or non-transparent fences that face a public right-of-way or publiclyaccessible path or open space, and that are 50 feet in length or longer and four feet in height or taller shall be designed to minimize visual monotony through at least one of the following:

1. Changes in plane. An offset a minimum of 1 foot deep for every 50 feet to 75 feet of wall;

2. Changes in height. Wall inserts and/or decorative columns or pilasters every 20 feet to provide relief;

3. Changes in material. Changes in material and/or material texture;

4. Landscaping. Continuous and opaque landscape screening.

J. Location.

1. Fence Location on a Lot.

Fences may be erected, placed, or maintained along or adjacent to a lot line or within a yard. A fence located on a lot line shall be considered as being within the yard adjacent to that lot line. The fence owner shall be responsible for properly locating all lot lines before construction of any fence.

2. Fences near Utility Structures.

All walls and fences shall provide four-foot clearance around fire hydrants, water meters, and all other utility structures, per Indio Municipal Code Section 97.068 (Fences and Walls in Parkway and Public Streets).

3. Fences within a Public Utility Easement.

Fencing shall not be located within any public utility easement without written approval from Public Works and all affected utility companies.

4. Fence Encroachment onto Public Property.

No portion of any fence, including gate doors, shall encroach upon or project into any public right-of-way or other public property without the fence owner first obtaining an encroachment permit from the City.

K. Maintenance.

Fencing, walls, and other screening devices shall be continuously maintained, with no sign of rust or disrepair.

L. Openings and Pedestrian Connections.

Fence or wall openings for pedestrian connections may be required at the discretion of the Director.

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3.02.11. Outdoor Lighting
A. Applicability.

The standards of this Section apply to all new development and to exterior alterations and additions that involve replacement light fixtures or systems, except as provided below.

1. Exceptions.

The following outdoor lighting shall not be subject to the provisions of this Section. a. Public and Private Street Lighting
b. Athletic Field Lights. Athletic field lights, provided they are not operated between the hours of 10:00 p.m. and 6:00 am.
c. Safety and Security Lighting. Safety and security lighting for public facilities. d. Construction and Emergency Lighting. All construction or emergency lighting fixtures provided they are temporary and are discontinued immediately upon completion of the construction work or abatement of the emergency.
e. Temporary Lighting. Temporary lights used for holiday decorations, and lighting for temporary uses and special events permitted consistent with this Code.

B. Lighting Plan.

The submittal of a lighting plan is required as part of a development application or land use permit (except for lighting on an existing single-family residence). All lighting plans shall be prepared and certified to its compliance with the requirements of this Section by a qualified lighting engineer prior to submitting lighting plans to the City.

Lighting plans shall contain the information as specified by the lighting plan submittal requirements as specified in Article 6 (Administration and Procedures).

C. Prohibitions.

The following types of outdoor lighting are prohibited.

1. Searchlights.

Searchlights, laser source lights, or any similar high-intensity light, except for emergency use by police or fire personnel or at their discretion, or for approved temporary lighting for a special event approved by the City.

2. Hazardous Lighting.

Lighting fixtures operated in such a manner as to constitute a hazard or danger to persons or to safe vehicular travel.

3. Mercury Vapor.

Mercury vapor lights are prohibited.

4. Illumination of Entire Buildings.

5. Large Commercial Antenna Lighting.

See Chapter 4.25 (Telecommunications/Wireless Facilities).

6. Roof-Mounted Lighting.

Roof-mounted lighting is prohibited, except for security purposes.

7. Flashing Light Types.

Laser lights or any other lighting that flashes, blinks, scrolls, alternates, or moves (excluding bi-level lighting).

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D. General Requirements
The requirements listed below shall apply to all outdoor lighting.

1. Dark-Sky Compliance.

In accordance with the International Dark-Sky Association recommendations, the color temperature of outdoor lighting shall not exceed 3,000 Kelvins.

2. Nuisance Prevention.

All outdoor lighting shall be designed, located, installed, directed downward or toward structures, fully shielded, and maintained in order to prevent glare, light trespass, and light pollution and away from adjoining properties and public rights-of-way, so that no light fixture directly illuminates an area outside of the project site intended to be illuminated.

3. Maintenance.

Fixtures and lighting shall be maintained in good working order and in a manner that serves the original design intent.
a. Lighting fixtures shall be weather and vandal resistant. b. Burnt-out and broken light bulbs shall be replaced.
c. Lighting fixtures shall remain free of graffiti and rust. d. Painted light fixtures shall be maintained to minimize chipping or peeling.

4. Signs.

Lighting of signs shall be in compliance with Chapter 3.05 (Signs Regulations) of this Code.

5. Maximum Height of Freestanding Outdoor Light Fixtures.

Height shall be measured from the finished grade to the top of the illumination fixture (excluding decorative elements on the top of the fixture).
a. Abutting Residential Zones. The maximum height of freestanding outdoor light fixtures abutting residential zones is 16 feet.
b. Industrial Zones. The maximum height limit for freestanding outdoor light fixtures in industrial zones (zones IL and IH) is 25 feet.
c. Other Locations. In all other locations, the maximum height for freestanding outdoor light fixtures shall be 20 feet.
d. Pole or Fence-Mounted Lighting. Pole or fence-mounted decorative landscape lights shall be no more than six feet above grade.
e. Additional Height. The Planning Commission may allow additional height for activities, uses, or development with unique lighting needs; accentuating historic architectural features of a building; accentuating signage and/or landscape features; or for security purposes.

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6. Fixture Types.

All luminaries shall meet the most recently adopted criteria of the Illuminating Engineering Society of North America (IESNA) for “Cut Off” or “Full Cut Off” luminaries.

7. Design of Fixtures.
a. Building-Attached Lighting. Fixtures on buildings shall be attached only to walls or eaves, and the top of the fixture shall not exceed the height of the parapet, roof, or eave of the roof. b. Accent Lighting. Architectural features may be illuminated by uplighting, provided that the lamps are low intensity, and fully shielded such that no glare or light trespass is produced.

8. Minimum Lighting Requirements.
a. Parking Areas. Lighting in parking, garage, and carport areas shall be maintained with a minimum of one foot-candle of illumination at the ground-level during hours of darkness, with a maximum of four foot-candles. All lighting shall be on a time-clock or photo-sensor system. Lighting used to illuminate parking areas shall be designed and located to prevent light trespass or glare, in accordance with Subsection D.9 below. Illumination shall not include low pressure sodium or similar lighting techniques.
b. Multi-Unit Residential Developments. Aisles, passageways, and entryways/recesses related to and within the building complex shall be illuminated with an intensity of at least one-quarter foot-candles at the ground level during the hours of darkness.
c. Non-Residential Developments. All exterior doors, during the hours of darkness, shall be illuminated with a minimum of one-quarter foot-candles of light.

9. Light Trespass.

All lights shall be directed, oriented, and shielded to prevent light trespass or glare onto adjacent properties. The light level at property lines shall not exceed 0.3 foot-candles.

10. Timing Controls.

All outdoor lighting in non-residential zones shall be on a time clock or photo-sensor system and turned off during daylight hours and during hours when the building(s) is not in use and the lighting is not required for security.

11. Energy-Efficient Fixtures Required.

Outdoor lighting shall utilize energy-efficient fixtures and lamps such as metal halide, hard-wired compact fluorescent, LED, or other lighting technology that is of equal or greater efficiency. All new outdoor lighting fixtures shall be energy efficient with a rated average bulb life of not less than 10,000 hours.

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3.03. PARKING + LOADING

3.03.01. Purpose
The purposes of this Chapter are to:

A. Require parking spaces and loading spaces for all land uses that are sufficient in number, size, and arrangement;
B. Minimize the negative environmental and urban design impacts of parking lots, driveways, and drive aisles within parking lots;
C. Ensure the provision of adequate off-street bicycle parking; D. Establish standards and regulations for safe and well-designed parking, unloading, and vehicle circulation areas that minimize conflicts within parking lots and, where appropriate, create buffers from surrounding land uses;
E. Offer flexible means of minimizing the amount of area devoted to parking by allowing reductions in the number of required spaces in transit-served locations, shared parking facilities, and other situations expected to have lower vehicle parking demand;
F. Encourage modal shift; and
G. Reduce urban run-off and heat island effect.

3.03.02. Applicability
A. New Buildings and Land Uses.

On-site vehicle parking, bicycle parking, and loading spaces shall be provided in accordance with this Chapter at the time any main building or structure is erected or any new land use is established.

B. Existing Non-Residential Buildings.

1. When a change in use, expansion of use, or expansion of floor area creates an increase of 30 percent or more in the number of required vehicle parking or loading spaces, additional parking and loading shall be provided for such addition, enlargement, or change in use. For existing uses with nonconforming parking conditions, additional parking shall be provided for the new additions or enlargements, and not for the entire building or site.

2. Bicycle parking shall be provided for any change in use, expansion of use, or expansion of floor area.

3. A change in tenancy or ownership is not considered a change in use unless the new occupant is in a different use classification than the former occupant.

4. Additional parking and loading spaces are not required for the reconstruction of an existing building when there is no increase in floor area.

5. If the number of existing vehicle parking, bicycle parking, and/or loading spaces is greater than the requirements for a proposed use, the number of excess parking or loading spaces may be counted toward meeting the requirements for any change, alteration, or major addition or renovation.

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C. Existing Residential Buildings.

Parking in accordance with this Chapter shall be provided where additional dwelling units are created through the alteration of an existing building or construction of an additional structure or structures. Parking for ADUs and JADUs shall be provide in accordance with Chapter 4.02 (Accessory Dwelling Units).

D. When Constructed.

Parking and loading facilities required by this Chapter shall be constructed or installed prior to final inspection or the issuance of a Certificate of Occupancy for the uses that they serve.

3.03.03. General Requirements
A. Existing Parking and Loading to be Maintained.

No existing parking and loading area serving any use may be reduced in amount or changed in design or location below the requirements for such use, unless equivalent substitute facilities are provided.

B. Nonconforming Parking and Loading.

An existing use of land or structure shall not be deemed to be nonconforming solely because of a lack of parking and/or loading facilities required by this Chapter as long as facilities used for parking and/or loading are not further reduced in number to less than what is required as of the date of adoption of this Code.

C. Parking Areas.

Motorized vehicle parking is only allowed within garages, carports, parking lots, and other approved structures and locations that have been developed in conformance with this Code.

D. Use of Required Parking Spaces.

Except as otherwise provided by this Section, required parking spaces must be available for residents, customers, or employees of the use. Parking and loading areas shall be accessible for their intended purpose during all hours of operation. Fees may be charged for the use of required parking spaces. Required parking spaces may not be assigned in any way to a use on another site, except for shared parking pursuant to Section 3.03.06.F (Shared Parking).

E. Stacked and Valet Parking.

Stacked or valet parking is allowed if an attendant is present or an automated system is in place to move vehicles.

Uses with valet parking shall provide an approved valet parking plan which includes insurance provisions for patrons. Such provisions must be approved by the City Attorney. If stacked parking managed by an attendant is used for required parking spaces, an acceptable form of guarantee must be filed with the Director ensuring that an attendant will be present while the parking lot is in operation.

F. Assigned Parking.

Lots developed with multiple uses and a shared parking area shall not assign parking spaces to individual tenant spaces or uses, except that parking spaces for residential uses in a mixed-use development shall be assigned to residential occupants.

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G. Unbundling Parking for Residential Uses.

The following rules apply to the sale or rental of parking spaces accessory to attached single unit and multi-unit residential developments of five units or more, unless waived by the Director as infeasible:

1. All off-street spaces shall be leased or sold separately from the rental or purchase fees for dwelling units for the life of the dwelling units, such that potential renters or buyers have the option of renting or buying a residential unit at a price lower than would be the case if there were a single price for both the residential unit and the parking space.

2. In cases where there are fewer parking spaces than dwelling units, the parking spaces shall be offered first to the potential owners or renters of three-bedroom or more units, second to owners or renters of two-bedroom units, and then to owners and renters of other units. Spaces shall be offered to tenants first. Non-tenants may lease with a provision for 30 days to terminate the lease.

3. Renters or buyers of on-site affordable units shall have an equal opportunity to rent or buy a parking space on the same terms and conditions as offered to renters or buyers of other dwelling units.

3.03.04. Permit Requirements and Exemptions
A. Permit Requirements.

New parking lots and modifications or expansions to existing parking lots will be evaluated as part of project review for other permits and approvals (e.g., Planning Review, Use Permit, Planned Development). At a minimum, Plan Check is required for new parking lots and modifications to existing parking lots to determine compliance with all applicable provisions of this Code.

B. Exempt Activities.

Parking lot improvements listed below shall be considered minor in nature if they do not alter the number or configuration of parking stalls and are therefore exempt from Zoning Clearance requirements. However, exempt activities listed herein may require other ministerial permits (e.g., building permit).

1. Repair of any defects in the surface of the parking area, including repairs of holes and cracks.

2. Resurfacing, slurry coating, and re-striping of a parking area with identical delineation of parking spaces.

3. Repair or replacement in the same location as damaged planters and curbs.

4. Work in landscape areas, including sprinkler line repair or replacement of landscape materials, except removal of trees.

3.03.05. Off-Street Vehicle Parking Requirements
A. Minimum Number of Vehicle Spaces Required.

Each land use shall be provided at least the number of parking spaces stated in Table 3.03.05-1. Required Number of Vehicle Parking Spaces. The parking requirement for any use not listed in Table 3.03.05-1 shall be determined by the Director based upon the requirements for the most similar comparable use, the characteristics of the proposed use, and any other relevant data regarding parking demand (e.g. parking demand analysis of similar facilities in the City or region).

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B. Maximum Number of Vehicle Spaces Allowed.

To support walking, transit, and other forms of non-automobile transportation and to eliminate the incentive to build as much parking as possible, the number of parking spaces to be provided shall not exceed 150 percent of the number of parking spaces required pursuant to Table 3.03.051. Required Number of Vehicle Parking Spaces.

This limitation may be waived or modified pursuant to Section 6.04.06 (Administrative Variances and Variances), based on the following findings:

1. Special conditions exist that will increase parking demand at the site. Conditions include but are not limited to, the nature of the proposed operation; lack of transit service or other transportation alternatives; or transportation characteristics of persons residing, working, or visiting the site;

2. The use will not be adequately served by the maximum allowed number of parking spaces; and

3. Parking demand generated by the project will exceed the maximum allowed number of parking spaces and have a significant impact on the supply of on-street parking in the surrounding area.

C. Handicapped Spaces.

Handicapped parking spaces shall be provided in accordance with State and Federal regulations and shall be considered in the calculation of required spaces.

D. Electric Vehicle Charging Spaces.

1. Non-Residential Development.

Non-residential development shall provide electric vehicle charging stations in accordance with CalGreen.

2. Multi-Family Residential Development.

New multi-family residential developments with 40 or more parking spaces shall be equipped with raceways, wiring, and power to support future Level 2 EV charging stations at a rate of one per 20 parking spaces. To incentivize the provision of electric vehicle charging stations, required parking may be reduced by two spaces for every Level 2 EV charging station provided, up to a maximum of a 10 percent reduction in total required parking. Notwithstanding the above, all electric vehicle charging facilities shall comply with the requirements in the California Building Code and California Electrical Code.

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E. Calculation of Required Spaces.

The following rules apply to the calculation of vehicle parking spaces in this Chapter.

1. Parking Ratios.
a. Floor Area. Where an on-site parking or loading requirement is stated as a ratio of parking spaces to floor area, the floor area is assumed to be net floor area, unless otherwise stated. b. Employees. Where an on-site parking or loading requirement is stated as a ratio of parking spaces to employees, the number of employees shall be based on the largest shift that occurs in a typical week. c. Bedrooms. Where a parking requirement is stated as a ratio of parking spaces to bedrooms, any rooms meeting the standards of the Building Code as a sleeping room shall be counted as a bedroom. d. Students. Where a parking or loading requirement is stated as a ratio of parking spaces to students (including children in day care), the number is assumed to be the number of students at the statecertified capacity or at Building Code Occupancy where no state certification is required. e. Seating. Where fixed seats provided are either benches, bleachers, or pews, such seats shall be calculated at one seat per 18 inches, and one seat per 24 inches of booth length for dining. f. Assembly Area. All rooms or areas that can be logically used for seating, in addition to any fixed seating area, shall be calculated in determining the parking requirement for assembly areas.

2. Sites with Multiple Uses.

The number of parking spaces is computed based on the primary uses on the site except as stated in Subsection 3, below. When there are two or more separate primary uses on a site, the minimum and maximum parking for the site is the sum of the required or allowed parking for the individual primary uses, unless a reduction is approved pursuant to Section 3.03.06 (Exceptions and Reductions to OffStreet Parking).

3. Accessory Uses.

When more than 20 percent of the floor area on a site is in an accessory use, the required or allowed parking is calculated separately for the accessory use. An example would be a 10,000 square foot building with a 7,000 square foot warehouse and a 3,000 square foot accessory retail area. The minimum and maximum parking would be computed separately for the retail and warehouse uses, except as provided in Table 3.03.05-1.

4. Fractions.

If the calculation for parking needs results in the requirement for a fraction of a parking space, the value shall be rounded to the nearest whole number.

F. Required Vehicle Spaces.

Each land use is subject to the following minimum vehicle parking space requirements unless otherwise provided in another section of this Code. All spaces may be uncovered unless otherwise specified.

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Table 3.03.05–1: Required Number of Vehicle Parking Spaces Land Use Required Vehicle Parking Spaces
Agricultural and Animal Keeping Uses
Agricultural Support, Sales, Service, and
Storage 1 space/employee
Animal Husbandry and Production Not applicable
Animal Raising and Keeping (domestic,
livestock, horses, poultry) Not applicable
Horticultural/Crop Production/Aquaculture 1 space/employee Kennels, Private/Hobby Not applicable
Stable/Equestrian Facility, Commercial/
Public 1 space/4 stables
Stable/Equestrian Facility, Hobby/Private Not applicable1 Residential Uses
Accessory Dwelling Unit (ADU) and Jr ADU See Chapter 4.02 (Accessory Dwelling Units) Caretaker's Unit 1 space/unit
Child Day Care in a Home, Large
1 for each nonresident employee plus one space for loading and unloading children plus parking required for the Residential Housing Type
Child Day Care in a Home, Small None beyond the parking required for the Residential Housing Type Cottage Industry None beyond the parking required for the Residential Housing Type Emergency Shelter 1 space/40 beds
Group Residential Home 1 per employee, plus 1 per bedroom/sleeping room Home Occupation None beyond the parking required for the Residential Housing Type Cottage Food Operation None beyond the parking required for the Residential Housing Type Live/Work 2 per 1,000 square feet of nonresidential area plus 1 space for each residential unit
Manufactured/Mobile Home Park 1 space/unit, plus 1 guest space/4 home lots Residential Care Facilities, Large 1 space/employee, plus 1 space/facility vehicle, plus 1 space/8 beds Residential Care Facilities, Small 1 space/employee, plus 1 space/facility vehicle, plus 1 space/6 beds Residential Housing Types
Single-Family Dwelling (Attached or
Detached) 2 spaces per unit, of which 1 shall be enclosed Two-Family Dwelling/Duplex
• 1.5 per studio or one-bedroom unit
• 2 per unit with two or more bedrooms
Minimum 1 space per unit shall be enclosed
Multi-Family Dwelling, Triplex/Quadplex
• 1.5 per studio or one-bedroom unit
• 2 per unit with two or more bedrooms
Minimum 1 space per unit shall be covered.

Multi-Family Dwelling, ≥ 5 Units
• 1 per studio or one-bedroom unit
• 1.5 per two-bedroom unit
• 2 per unit with three or more bedrooms
• Plus 0.2 guest spaces per unit

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Land Use Required Vehicle Parking Spaces
Senior Housing
For senior housing developments (62 years or age or older), 0.5 per unit. Developments with 10 or more units shall provide 1 guest space per 10 units.

Single-Room Occupancy 0.5 spaces per unit
Supportive Housing 0.3 spaces per unit
Transitional Housing 0.3 spaces per unit
Recreation, Education, and Public Assembly Uses
Campground 1 space/campsite, plus 1 per onsite caretaker Cemeteries, Crematories, or Mausoleums 1 space/6 fixed seats or 1 space/150 sf of assembly area if no fixed seats
Civic/Government 2.5 spaces/1,000 sf of gross floor area, plus 1 space/2 employees College/University Adequate number as determined through CUP and Planning Review Commercial Recreation and Sports, Indoor
Health, Fitness and Sports Clubs: 4.5 spaces/1,000 sf
Bowling Alleys and Billiard Clubs: 4 spaces per bowling lane and/ or billiard table plus additional spaces for accessory uses (e.g., restaurant)
Pools: 2 spaces/1,000 square feet of pool area, minimum 5 spaces Indoor tennis, racquet, or handball facilities: 3 spaces/court Coin-operated electronic amusement centers: 4.5 spaces/1,000 sf All Other Uses: 2 spaces/1,000 sf
Commercial Recreation and Sports,
Outdoor
Golf Facilities:
• Pitch and Putt: 3 spaces /hole
• Driving Range: 1 space/tee
• Golf Course: 5 spaces/hole
Outdoor tennis, racquet, or handball facilities: 3 spaces/court Pools: 2 spaces/1,000 square feet of pool area, minimum 5 spaces All Other Uses: 1 space/1,000 sf of lot area
Community Assembly, Up to 5,000 sf (gross
sf)
1 space/4 fixed seats, or 1 space/40 sf of assembly area if no fixed seats
Community Assembly, > 5000 sf - 12,000 sf
(gross sf)
1 space/4 fixed seats, or 1 space/40 sf of assembly area if no fixed seats
Community Assembly, >12,000 sf (gross sf) 1 space/4 fixed seats, or 1 space/40 sf of assembly area if no fixed seats
Cultural Institutions 2.5 spaces/1000 sf
Day Care Centers 1 space per employee plus 1 space per 10 children/adults for loading and unloading
Instructional Services, <= 5000 sf 1 space per employee plus 1 space/4 students Instructional Services, > 5000 sf 1 space per employee plus 1 space/4 students Open Space, Natural Not applicable

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Land Use Required Vehicle Parking Spaces
Parks and Recreation Facilities
5 spaces per acre, minimum 5 spaces
Additional spaces shall be required for uses such as swimming pools, gymnasiums, and tennis courts as follows:
• Tennis, racquet, or handball facilities: 3 spaces/court • Pools: 2 spaces/1,000 sf of pool area, minimum 5 spaces • Gymnasiums: 2 spaces/1,000 sf
Public Service Facility Adequate number as determined through Planning Review Recreational Vehicle (RV) Park 1 space/travel trailer/RV site Schools, Public or Private (TK-12)
Elementary and Middle Schools: 1.5 space/classroom, plus 1 space for every 2 employees or admin personnel
High School: 5 spaces/classroom, plus 1 space for every 2 employees or admin personnel
Social Service Facilities 4 spaces/1,000 sf
Tutoring Facilities 1 space per employee plus 1 space/4 students Vocational/Trade School 1 space/employee, plus 1 space/3 students Utility, Transportation, and Communication Uses
Airports and Heliports Adequate number as determined through Planning Review Communications, Facilities within Buildings 3 spaces/1,000 sf of office space, plus 1 space/service or fleet vehicle
Communications, Telecommunications/
Large Wireless Facilities Not applicable
Communications, Telecommunications/
Small Wireless Facilities Not applicable
Freight/Trucking Facility 2 spaces/1,000 sf of office space, plus 1 space/service or fleet vehicle
Light Fleet-Based Services 2 spaces/1,000 sf of office space, plus 1 space/service or fleet vehicle
Mobile Recycling Unit Not applicable
Parking Lots and Structures Not applicable
Passenger Transportation Facilities Adequate number as determined through CUP Public Utilities, Major Not applicable1
Public Utilities, Minor 1 per vehicle operated or kept on-site; minimum 2 spaces Renewable Energy System (Primary Use) Not applicable
Renewable Energy System, BuildingMounted (Accessory) Not applicable Renewable Energy System, Stand-Alone or
Ground Mounted (Accessory) Not applicable
Recycling Collection Facility 1 space per employee, plus 2 spaces per container or 1,000 sf Recycling Processing Facility 1 space per employee
Utility Yard 1 space/service or fleet vehicle

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Land Use Required Vehicle Parking Spaces
Eating and Drinking Establishments and Entertainment Uses Bar/Nightclub/Lounge Greater of: 1 space/3 seats or 10 spaces/1,000 sf, plus 1 per 150 sf of outdoor dining and seating area over 450 sf
Brewpub/Taproom/Wine Bar/
Microdistillery
Greater of: 1 space/3 seats or 6 spaces/1,000 sf, plus 1 per 150 sf of outdoor dining and seating area over 450 sf
Cinema/Theater/Performing Arts Center 1 space/4 fixed seats, or 1 space/40 sf of assembly area if no fixed seats
Drive-Through, Non-Restaurants
(Accessory) Not applicable
Live Entertainment as Accessory Use,
Indoors (Accessory) Not applicable
Live Entertainment as Accessory Use,
Outdoors (Accessory) Not applicable
Outdoor Dining (Accessory) Not applicable
Outdoor Entertainment 1 space/4 fixed seats for all assembly areas, or 1 per/1,000 sf of lot area
Restaurant, Dine-In and Take-Out Greater of: 1 space/3 seats or 6 spaces/1,000 sf, plus 1 per 150 sf of outdoor dining and seating area over 450 sf
Restaurant, Drive-Through Only 1 space/employee plus 2 spaces for pickup Retail, Service, and Office Uses
Adult-Oriented Business Greater of: 1 space/3 fixed seats or 4 spaces/1,000 sf Alcohol Sales, Off-Sale 4 spaces/1,000 sf
Animal Sales and Services 4 spaces/1,000 sf
ATM 1 space/ATM (if stand-alone)
Bail Bonds 3 spaces/1,000 sf
Banks, Financial, and Savings and Loan
Institutions 3 spaces/1,000 sf
Building Materials Sales and Services 2 spaces/1,000 sf interior sales area, plus 1 space/1,000 sf exterior sales and storage area
Business to Business Support Services 2 spaces/1,000 sf, plus 1 space/service or fleet vehicle Check-Cashing Businesses 3 spaces/1,000 sf
Convenience Market 4 spaces/1,000 sf
Food Preparation, Commercial 2 spaces/1,000 sf, plus 1 space/service or fleet vehicle Fortunetelling, Palm and Card Reading 3 spaces/1,000 sf Funeral Homes and Mortuaries 1 space/4 permanent seats or 1 space/40 sf of assembly area where no seats or where temporary or movable seats are provided General Retail ≤ 5,000 sf 5 spaces/1,000 sf
General Retail 5,000 sf - 25,000 25 spaces for the first 5,000 sf; 4 spaces/1,000 sf above 5,000 sf General Retail/Superstore > 25,000 105 spaces for the first 25,000 sf; 3 spaces/1,000 sf above 25,000 sf Grocery Store 25 spaces for the first 5,000 sf; 4 spaces/1,000 sf above 5,000 sf Hospital Adequate number as determined through CUP
Kennels/Boarding, Commercial 3 spaces/1,000 sf
Kiosk/Outdoor Vending Not applicable

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Land Use Required Vehicle Parking Spaces
Laundromat 4 spaces/1,000 sf
Massage Establishment, Accessory Use Not applicable
Massage Establishment, Stand-Alone 3 spaces/1,000 sf
Medical Services, Urgent Care 4 spaces/1,000 sf
Medical Services, Medical/Dental/Holistic/
Extended/Clinic 5 spaces/1,000 sf
Mini-Storage Warehousing or Facility 1 space per 75 storage units, plus 3 spaces/1,000 sf of office area. A minimum of 5 spaces shall be provided.

Neighborhood Market 4 spaces/1,000 sf
Nursery/Garden Center 2/1,000 sf of floor area; 1 space/1,000 sf of outdoor display area Offices, Processing 7 spaces/1,000 sf
Offices, Professional/Administrative 4 spaces/1,000 sf
Offices, Service 5 spaces/1,000 sf
Outdoor Display (Accessory) Not applicable
Pawnshop 5 spaces/1,000 sf
Personal Services Greater of: 4 spaces/1,000 sf or 2/chair Research and Development 2.5 spaces/1000 sf
Smoke Shops 5 spaces/1,000 sf
Smoking Lounge Greater of: 1 space/3 fixed seats or 5 spaces/1,000 sf Swap Meet, Outdoor (Temporary) Not applicable
Tattoo/Body Art/Piercing Greater of: 4 spaces/1000 sf or 2/chair Resale/Consignment/Thrift Shop 5 spaces/1,000 sf
Veterinary Hospitals 4 spaces/1,000 sf
Lodging
Bed and Breakfast 1 space/guest room, plus 2 spaces/resident owner or manager Lodging – Hotels, Motels, Extended Stay
1 space/guest room
Additional spaces shall be required for uses such as ballrooms and restaurants (see respective parking requirements for each) Lodging - Timeshares
1 space/unit, plus 1 space/10 units for guest and staff parking Additional spaces shall be required for uses such as ballrooms and restaurants (see respective parking requirements for each) Automobile and Vehicle Uses
Auto and Vehicle Rental 3 spaces/1,000 sf of office or retail area, 1 space/rental vehicle, plus 1 per service bay when repair services are included
Auto and Vehicle Sales, New 3 spaces/1,000 sf of office or retail area, 1 space/sale vehicle, plus 1 per service bay when repair services are included
Auto and Vehicle Sales, Used 3 spaces/1,000 sf of office or retail area, 1 space/sale vehicle, plus 1 per service bay when repair services are included
Auto and Vehicle Sales and Rental, Large
Vehicles and Equipment
2/1,000 sf of office or retail area, plus 1 space per 1,000 sf of outdoor display
Auto and Vehicle Services and Repair –
Major 2 spaces/service bay

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Land Use Required Vehicle Parking Spaces
Auto and Vehicle Services and Repair –
Minor 2 spaces/service bay
Auto and Vehicle Towing/Impounding 1 space/employee plus space for impounded vehicles Auto and Vehicle Washing and Detailing 2 spaces/service bay or lane Auto and Vehicle Wrecking/Dismantling 3 spaces, plus 1 space/employee Fueling Stations
1 space/employee, plus additional for convenience store and/or service/repair
If a convenience store is included, see “General Retail” for additional required parking.

If service bays are included, see “Auto and Vehicle Services and Repair” for additional required parking.

Truck Stop/Fueling Station 1 space/employee, plus truck space parking, plus additional parking required (per this table) for additional uses
Industrial and Manufacturing Uses
Artisan Manufacturing/Makers Space 2 spaces/1,000 sf
Brewery/Distillery/Winery - without tasting
room or > 10,000 sf
2 spaces/1,000 sf, plus space to accommodate all service trucks/ vehicles
Brewery/Distillery/Winery - with tasting
room and <10,000 sf 2 spaces/1,000 sf, plus 1 space/4 seats in tasting room area Construction and Materials Yards 1.5 spaces/1,000 sf
Food or Beverage Manufacturing 2 spaces/1000 sf, plus space to accommodate all service trucks/ vehicles
Hazardous Materials/Wholesale Fuel
Storage and Distribution
1 space/employee, plus space to accommodate all service trucks/ vehicles
Indoor Warehousing, Storage, Wholesaling,
and Distribution

0.5 spaces/1,000 sf or 1 space/employee, plus space to
accommodate all service trucks/vehicles
Manufacturing/Processing, Heavy 1 spaces/1000 sf, plus space to accommodate all service trucks/ vehicles
Manufacturing/Processing, Light 2 spaces/1000 sf, plus space to accommodate all service trucks/ vehicles
Mining/Resource Extraction Not applicable1
Outdoor Storage (Primary Use) 0.5 spaces/1,000 sf, plus space to accommodate all service trucks/ vehicles
Outdoor Storage (Accessory) Not applicable
Salvage and Wrecking Yards 1 space/employee, plus space to accommodate all service trucks/ vehicles

1. No minimum or maximum required.

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3.03.06. Exceptions and Reductions to Off-Street
Parking.

The number of parking spaces required by Section 3.03.05 may be reduced as follows if the Director finds any or all of the following criteria. Parking reductions are cumulative up to a maximum of 30 percent; all applicable parking reductions may be applied in determining the number of required parking spaces.

A. Transit Access.

Site has a bus stop with frequent transit service (every 15 minutes on average during peak hours) located within a quarter mile to it: Allow up to a 10 percent reduction to the standard number of automobile parking spaces.

B. Carpool/Vanpool Spaces.

Site has dedicated parking spaces for carpool or
vanpool vehicles: Allow up to a 5 percent reduction to
the standard number of automobile parking spaces.

C. Motorcycle/Scooter Spaces.

Site has dedicated parking spaces for motorcycles,
scooters, or electric carts: Allow reductions to the
standard dimensions for parking spaces.

D. Adjacent On-Street Parking.

For non-residential uses and the non-residential
portion of a mixed-use development, the Director may
approve a reduction to the off-street parking standards of Table 3.03.05-1 by one parking space for every
two on-street parking spaces located adjacent to the
subject site (along the frontage), provided the parking spaces meet the dimensional standards of this Chapter.

E. Car Sharing Programs.

Required parking spaces may be substituted with
designated carshare vehicle parking spaces, and the
required number of parking spaces may be reduced,
pursuant to the following.

1. Carshare Parking Designation.

A maximum of 10 percent of the required parking spaces may be designated as carshare vehicle parking spaces.

2. Reduction Allowed.
a. Parking Areas with 50 or Fewer Parking Spaces. A five percent reduction in the required parking shall be allowed where five percent of the required spaces are designated as carshare vehicle parking spaces.
b. Parking Areas with 51 or More Parking Spaces. A 10 percent reduction in the required parking shall be allowed where 10 percent of the required spaces are designated as carshare vehicle parking spaces.

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3. Accessibility.

Car sharing spaces shall be made available to a car share organization for purposes of providing car share services for service subscribers. In addition to conforming to the requirements of this Chapter, the parking area shall be designed to be accessible to local and non-local car share subscribers 24 hours a day, seven days a week.
a. Exception. Car share parking spaces may be occupied by non-car share vehicles, if it is demonstrated to the satisfaction of the Director that no car share organization can make use of the parking spaces. These spaces shall not be separately leasable and shall be made available on a first come first serve basis.

4. Deed Restriction.

Prior to issuance of a building permit, a deed restriction shall be recorded identifying the number and location of the car share parking spaces. The location of the car share spaces shall be subject to approval by the Director.

F. Shared Parking
Required parking facilities for two or more uses, structures, or parcels of land may be satisfied by the same parking facilities used jointly, to the extent that the owners or operators show that the need for parking facilities does not materially overlap (e.g., uses primarily of a daytime versus nighttime nature; weekday uses versus weekend uses), and provided that the right of joint use is evidenced by a recorded deed, lease, contract, or similar written instrument establishing the joint use. The total number of spaces and their distribution through the site shall be substantiated through a parking demand study and a parking management plan prepared by a qualified traffic engineering professional. Shared parking requests shall be subject to administrative review and approval by the Director unless subject to Planning Review entitlement based on the following criteria and findings:

1. Factors evaluated to establish shared parking arrangements shall include operating hours, seasonal/daily peaks in parking demand, the site’s orientation, location of access driveways, transit service, accessibility to other nearby parking areas, pedestrian connections, distance to parking area, availability of parking spaces, special trip reduction programs (e.g., subsidized vanpooling, transit, shuttle or telecommuting), and cooperation of adjacent owners.

2. The parking demand, rates, and/or number of parking spaces required shall be based on well-recognized sources of parking data such as the Urban Land Institute (ULI) or Institute of Transportation Engineers (ITE) reports. If standard rates are not available or are limited, the applicant may collect data at similar sites to establish local parking demand rates. If the shared parking plan assumes use of an existing parking facility, then field surveys shall be conducted to determine actual parking accumulation.

3. The peak hours of parking demand from all uses do not coincide so that peak demand will not be greater than the parking provided.

4. Commercial/non-residential parking demand often occurs at different times of the day.

5. Residential parking spaces will be available to residents between the hours of 8pm and 7am.

6. The efficiency of parking provided will equal or exceed the level that can be expected if parking for each use were provided separately.

7. If a privately owned parking facility is to serve two or more separate properties, a legal agreement is established between property owners guaranteeing access to, use of, and management of designated spaces.

G. Other Exceptions/Reductions through Parking Analysis The applicant may propose a parking standard that is different than the standards in Table 3.03.05-1 above, for administrative review and approval by the Director. The applicant’s proposal shall consist of a written request and a parking analysis prepared by a qualified transportation professional. The parking analysis, at a minimum, shall assess the average parking demand and available supply for existing and proposed uses on the subject site; opportunities for shared parking with other uses in the vicinity; existing public parking in the vicinity; transportation options existing or planned near the site, such as frequent bus service, carpools, or private shuttles; and other relevant factors.

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3.03.07. Location of Required Parking
A. Residential Uses.

Required parking for residential uses shall be on the same lot as the dwelling or use they serve, on a parcel or tract owned in common by all the owners of the properties that will use the parking area, or in an off-site facility as provided in Subsection C (Off-Site Parking Facilities). For single-family detached residential uses, parking shall not be located within a required front or street-facing side yard, however driveways may count towards required residential parking. For single-family residential uses, parking is only permitted in the approved driveway. There shall be no expansion of parking areas through the addition of paved areas in the front, side, or rear yards.

B. Nonresidential Uses.

Required parking spaces serving nonresidential uses shall be located on the same lot as the use they serve, or in an off-site parking facility as provided in Subsection C (Off-Site Parking Facilities).

C. Off-Site Parking Facilities.

Parking facilities for uses other than Single-Unit Dwellings, Two-Unit Dwellings, and Second Units may be provided off-site with Director approval of an Administrative Use Permit provided the following conditions are met.

1. Location.
a. Residential Uses. Any off-site parking facility must be located within 200 feet, along a pedestrian route, of the unit or use served.
b. Nonresidential Uses. Any off-site parking facility must be located within 600 feet, along a pedestrian route, of the principal entrance containing the use(s) for which the parking is required.

2. Parking Agreement.

A written agreement between the landowner and the City in a form satisfactory to the City Attorney shall be executed and recorded in the Office of the County Recorder. The agreement shall include:
a. A guarantee among the landowner for access to and use of the parking facility; and b. A guarantee that the spaces to be provided will be maintained and reserved for the uses served for as long as such uses are in operation.

3.03.08. Parking Development and Design Standards
All parking areas except those used exclusively for stacked or valet parking, shall be designed and developed consistent with the following standards. Parking areas used exclusively for stacked or valet parking are subject only to Subsections D through M. Stacked or valet parking areas which will allow parking at some times without attendants must be striped in conformance with the layout requirements of this Section.

A. Tandem Parking.

Tandem parking may be permitted to satisfy parking requirements in accordance with the following.

1. No more than two vehicles shall be placed one behind the other.

2. Both spaces shall be assigned to the same residential dwelling unit or non-residential establishment for employee parking.

3. Tandem parking to meet required parking for non-residential uses may be used for employee parking; the maximum number of tandem parking spaces shall not exceed 50 percent of the total number of spaces.

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4. Tandem parking for visitors or customers may be allowed with valet parking, subject to an Administrative Use Permit.

5. Tandem parking to meet required parking for multi-unit residential development shall be located within an enclosed structure; the maximum number of tandem parking spaces shall not exceed 30 percent of the total number of spaces.

6. Tandem parking shall not be used to meet the guest parking requirement.

B. Parking Access.

Parking access areas shall be designed to ensure vehicular access to parking spaces as determined by the Public Works Director.

1. Access Hierarchy.

Parking and service area access shall be provided from the following, in order of preference: 1) from an alley; 2) in the absence of an existing or proposed alley, access shall be from a driveway shared with a property abutting the development site; 3) in the absence of an alley or shared driveway, access shall be from the side/lesser street abutting the development site; 4) in the absence of a side street, from a curb cut/driveway along the primary street frontage.

2. Distance from Intersection.

Driveways for parking facilities shall be located a minimum of 50 feet from the intersection of any two streets, or the maximum feasible distance from the intersection.

3. Shared Vehicle Access.

Nonresidential projects are encouraged to provide shared vehicle and pedestrian access to adjacent nonresidential properties for convenience, safety, and efficient circulation. A joint access agreement guaranteeing the continued availability of the shared access between the properties approved by the Director shall be recorded in the County’s Recorders Office, in a form satisfactory to the City Attorney.

4. Forward Entry.

Parking areas of four or more spaces shall be provided with suitable maneuvering room so that all vehicles therein may enter an abutting street in a forward direction.

5. Driveways and Curb Cuts.

Each development project site shall be limited to one curb cut, including driveways and private/service streets, per 400 feet of public street frontage, or two curb cuts per street frontage, whichever is less (unless otherwise required for emergency vehicle access).

6. Driveway Length.

Driveway length shall be regulated per the following to properly facilitate lot layout and on-site parking. a. Driveways for non-residential uses shall be designed to prevent queuing and backing up onto public rights-of-way. Parking stalls within the first 40 feet are strongly discouraged. b. Driveways providing direct access from a public street to a garage or carport shall be at least 19 feet in depth, unless otherwise specified.
c. Resident parking is permitted in a driveway with a minimum depth of 19 feet. Short driveways for CN-14 and CN-20 zone lots are permitted at three feet from the property line. With the exception of small-lot detached single-family homes, a driveway with a length between 3 feet and 19 feet shall not be permitted.

7. Driveway Width.
a. Minimum width of 10 feet for any driveway serving one residence. Driveways shall not exceed 20 feet nor exceed two driveways per parcel.
b. Minimum width of 12 feet for a one-way driveway.
c. Minimum width of 20 feet for a two-way driveway serving any use other than one residence. d. The width of driveways shall be limited to the width necessary to access the permitted parking spaces or garage/carport.

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C. Size of Parking Spaces and Maneuvering Aisles.

Parking spaces and maneuvering aisles shall meet the minimum dimensions required by this Subsection.

Screening walls, roof support posts, columns, or other structural members shall not intrude into the required dimensions for parking spaces.

1. Standard Parking Spaces and Drive Aisles.

The minimum basic dimension for standard parking spaces is 9 feet by 18 feet, with a minimum vertical clearance of seven feet. End spaces where clear back-out space is restricted on one side shall be 11 feet in width. Overhang of two feet shall credit towards minimum stall dimension requirements where appropriate and provided a minimum of four feet clearance is maintained where the overhang is adjacent to a sidewalk or walkway. Table 3.03.08-1. Parking Space and Drive Aisle Dimensions provides the dimensions of spaces (stalls) and aisles according to angle of parking spaces, and is accompanied by Figure 3.03.08-1. Parking Space and Drive Aisle Dimensions. The required aisle width may be modified if the Public Works Director finds that sufficient space is provided, so that maneuvering areas will not interfere with traffic and pedestrian circulation.

Table 3.03.08–1: Parking Space and Drive Aisle Dimensions Stall Type
Minimum Space and Aisle Dimensions
A
Stall
Width
B
Stall
Length
C
Stall Depth
(aisle to curb)
D
Drive Aisle Width
One-Way Two-Way
Parallel 9 ft 18 ft 9 ft 12 ft 18 ft
30 Degree 9 ft 18 ft 17 ft 14 ft 18 ft
45 Degree 9 ft 18 ft 19 ft 14 ft 18 ft
60 Degree 9 ft 18 ft 20 ft 16 ft 18 ft
90 Degree 9 ft 18 ft 18 ft 20 ft 24 ft
Compact Stalls, all angles 8.5 ft 16 ft — Same as standards above per stall type Angled Parking Spaces Parallel Parking Spaces
Key:
a = Stall width
b = Stall length
c = Stall depth
d = Drive aisle width

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2. Compact Parking Spaces.

Up to 30 percent of required spaces may be compact and reduced to 8.5 feet by 16 feet for all nonresidential and public/institutional uses, and for unassigned stalls for residential uses with more than 25 spaces. Compact car parking spaces shall be clearly marked “compact cars only,” “compact,” or “c.”

3. Parking Spaces Abutting a Wall or Fence.

Each parking space adjoining a wall, fence, column, or other obstruction higher than 0.5 feet in the vicinity of where a vehicle door may be located shall be increased to accommodate access to the vehicle through the door.

4. Minimum Dimensions for Residential Garages and Carports.

Garages and carports serving residential uses shall be constructed to meet the following minimum inside dimensions and related requirements.
a. A single car garage or carport: 10 feet in width by 20 feet in length. b. A two-car garage or carport: 20 feet in width by 20 feet in length. c. A garage or carport containing three or more spaces: 10 feet in width by 20 feet in length per space. d. The vertical clearance for garage or carport parking spaces shall not be less than seven feet. e. Stairs may encroach into the parking area of a garage provided that the front end of a standard size automobile can fit under the stair projection. The bottom of the stairwell (including exterior finish) shall be a minimum of five feet above the garage floor.

D. Parking Lot Striping.

All parking stalls shall be clearly outlined with striping, and all aisles, approach lanes, and turning areas shall be clearly marked with directional arrows and lines as necessary to provide for safe traffic movement.

E. Surfacing.

All parking lots shall be paved and improved, and all sites shall be properly graded and drained, consistent with applicable stormwater runoff regulations and subject to the approval of the City Engineer Drainage shall not be permitted across the surface of sidewalks or driveways. All areas used for the movement, parking, loading, repair, or storage of vehicles shall be paved according to the requirements in this Subsection. All areas within the parking area not used for parking stalls or maneuvering areas shall be landscaped per Section 3.02.09.K (Parking Lot Landscaping).

1. Pavement Standards.

Parking areas shall be paved consistent with the following materials or comparable material approved by the City Engineer.
a. Asphalt. Two inches of asphaltic concrete on four inches of aggregate base material (crushed rock, gravel, or similar material).
b. Concrete. Four inches of Portland cement concrete on three inches of aggregate base material (crushed rock, gravel, or similar material). Concrete approaches shall be provided for ingress and egress.
c. Pavers or Permeable Pavement Systems. Pavers or permeable pavement systems with strength equivalent to a or b above.

2. Landscaping Alternative.

Up to two feet of the front of a parking space as measured from a line parallel to the direction of the bumper of a vehicle using the space may be landscaped with ground cover plants instead of paving. In addition, a “Hollywood driveway” with a three-foot landscape strip in the middle is allowed.

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F. Perimeter Curbing.

Parking areas within 15 feet of a building, structure, fence/wall, public right-of-way or lot line, except spaces within a garage or carport, shall provide six-inch wide and six-inch high concrete curbing along the outer edge of the parking facility pavement. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.

G. Wheel Stops.

Parking areas designed to accommodate 10 or more vehicles shall provide concrete wheel stops for all unenclosed parking spaces. A six-inch high concrete curb surrounding a landscape area at least six feet wide may be used as a wheel stop, provided that the overhang will not damage or interfere with plant growth or its irrigation. A concrete sidewalk may be used as a wheel stop if the overhang will not reduce the minimum required walkway width.

H. Parking Location/Orientation.

Off-street parking serving multi-unit and mixed-use residential development shall be located in one of the following facilities:

1. Surface parking lots, garages, or carports
located to the side or rear of residential
buildings in relation to adjacent streets. (If
a site fronts on two or more streets, the
standard shall apply on the street with the
highest classification in the General Plan. If
a site fronts on two public streets of equal
classification, the project applicant may
determine on which frontage to meet the
standard.)

2. Parking structures in which parking is
located underground or the exterior facades
are treated with an external skin, facade
articulation strategy, or an integrated building
facade. See Subsection 3.03.08.I (Parking
Structure Design and Screening).

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I. Parking Structure Design and Screening.

Except for garage entrances, structured parking shall not be visible from the street, or any adjacent public park or publicly-accessible open space area. Public-facing elevations of parking structures shall be integrated into the building architecture and/or screened from public view by meeting the following standards:

1. All portions of parking visible above grade shall be designed and treated with the same level of detail, material quality, and facade articulation as other facade areas and/or screened with landscape screening (e.g., shrubs, landscaped trellises) and/or crafted ornamental metal screens.

2. Parking levels above the ground level may be visible on (or extend to) the building facade but shall be designed and treated with the same level of detail and material quality as other facade areas (e.g., Facade articulation and modulation, use of real windows with glazing or false windows defined by frames, lintels, or sills). No more than two levels of parking shall extend to the building facade.

J. Surface Parking Screening.

All surface parking areas designed to accommodate five or more vehicles shall be screened from view from public streets, publicly-accessible open spaces, and adjacent lots in a more restrictive zoning district, according to the following standards.

1. Height.

The maximum height of a fence or wall along street frontages and walkways/sidewalks shall be no taller than three feet when used to screen the parking lot. Alley frontages are exempt from this standard.

Screening of parking lots along interior lot lines that abut Residential zones shall be six feet in height, except within the required front setback of the applicable zone, where screening shall be three feet in height.

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2. Materials.

Screening may consist of one or any combination of the methods listed below. a. Walls. Low-profile walls consisting of brick, stone, stucco, or other quality durable material approved by the Director. Plain concrete blocks are not allowed as a screening wall material unless capped and finished with stucco or other material approved by the Director. b. Fences. An open fence of wood, wrought iron, or similar material combined with plant materials to form an opaque screen.
c. Planting. Plant materials consisting of compact plants that form an opaque screen. Such plant materials must achieve a minimum height of two feet within 18 months after initial installation and must be permanently maintained.
d. Berms. In industrial zones, berms planted with grass, ground cover, or other low-growing plant materials.

K. Landscaping.

Parking areas shall be landscaped in accordance with 3.02.09.K (Parking Lot Landscaping).

L. Heat Island Reduction.

In order to reduce ambient surface temperatures in parking areas, at least 50 percent of the areas not landscaped shall be shaded, of light-colored materials with a Solar Reflectance Index of at least 29, or a combination of shading and light-colored materials. Shade may be provided by canopies, shade structures, trees, or other equivalent mechanism. If shade is provided by trees, the amount of required shading is to be reached within 15 years.

M. Lighting.

Parking areas lighting shall comply with the regulations in Section 3.02.11 (Outdoor Lighting).

N. Circulation and Safety.

1. Visibility shall be assured for pedestrians, bicyclists, and motorists entering individual parking spaces, circulating within a parking facility, and entering or leaving a parking facility. Parking shall not be allowed within the traffic safety visibility area per Section 3.02.06 (Visibility Area).

2. Off-street parking areas of four or more spaces shall be provided with sufficient maneuvering room so that all vehicles can enter and exit from a public street by forward motion only.

3. Parking lots shall be designed so that sanitation, emergency, and other public service vehicles can provide service without backing up unreasonable distances or making other dangerous or hazardous turning movements.

4. Separate vehicular and pedestrian circulation systems shall be provided where possible. Multi-unit residential developments of five or more units must provide pedestrian access that is separate and distinct from driveways. Parking areas for commercial and mixed-use developments with 25 or more parking spaces must have distinct and dedicated pedestrian access from the commercial use to parking areas, building entries, and public sidewalks, according to the following standards:
a. Connection to Public Sidewalk. An on-site walkway shall connect parking areas to building entries and to the public sidewalk.
b. Separation from On-site Buildings. Parking areas designed to accommodate five or more vehicles must be separated from the front and side exterior walls of on-site buildings by walkways or landscaping a minimum of four feet in width.
c. Routes through Parking Areas. Walkways running parallel to the parking rows shall be provided for every four rows.
d. Materials and Width. Walkways shall provide at least four feet of unobstructed width and be hardsurfaced.

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e. Identification. Pedestrian walkways shall be clearly differentiated from driveways, parking aisles, and parking and loading spaces through the use of elevation changes, a different paving material, or similar method.
f. Separation and Distinction. Pedestrian pathways shall be clearly delineated by using landscaping, raised walkways, special pavers, bollards, arches, trellises, and/or other design elements to alert drivers to potential conflicts with pedestrians. Where a pedestrian walkway is parallel and adjacent to an auto travel lane, it must be raised and separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier. Where the path crosses the auto lane, the path shall be clearly delineated by a contrasting color, pavement material or pattern, and/or be raised slightly to form a speed table.

O. Alternative Parking Area Designs.

Where an applicant can demonstrate to the satisfaction of the Director that variations in the requirements of this Section are warranted in order to achieve environmental design and green building objectives, including but not limited to achieving certification under the LEED™ Green Building Rating System or equivalent, an alternative parking area design may be approved.

P. Maintenance.

Parking lots, including landscaped areas, driveways, and loading areas, shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times.

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3.03.09. Bicycle Parking
A. Short-Term Bicycle Parking.

Short-term bicycle parking shall be provided in order
to serve shoppers, customers, messengers, guests, and
other visitors to a site who generally stay for a short time.

1. Parking Spaces Required.
a. Multi-unit residential with five or more
units. At least 10 percent of the number
of required automobile parking spaces;
minimum two spaces per development.
b. Educational Uses.
i. Nursery/Preschools, Day Care Centers.

One short-term bicycle parking space
per 20 students at planned capacity.
ii. Elementary and Middle Schools. One
short-term bicycle parking space per 20
students at planned capacity.
iii. High Schools. One short-term bicycle
parking space per 10 students at
planned capacity.
iv. Colleges and Universities. One shortterm bicycle parking space per 10 students at planned capacity.
c. All other non-residential uses anticipated
to generate visitor or customer traffic
(e.g., public/institutional, retail and
commercial, entertainment, etc.). At least
10 percent of the number of required
automobile parking spaces; minimum two
spaces per development.

2. Location.

Short-term bicycle parking must be located outside of the public right-of-way and pedestrian pathways and within 50 feet of a main entrance to the building it serves. Where the bicycle parking area is not visible from the main entrance of the building, signs located at the main entrance of the building shall identify the location of bicycle parking.

3. Anchoring and Security (Racks).
a. Rack Style. For each short-term bicycle parking space required, a stationary, securely anchored bike rack/structure shall be provided to which a bicycle frame and one wheel (two points of contact) can be secured with a high-security U-shaped shackle lock if both wheels are left on the bicycle. One such rack may serve multiple bicycle parking spaces. Decorative bicycle racks, such as circular, ring, or bicycle shaped racks are recommended. No wave racks are allowed. b. Rack Spacing. Racks shall be spaced a minimum of three feet between each other when placed side by side, and a minimum of five feet when placed end to end. c. Lighting. Short-term bicycle parking areas shall be lit during hours of darkness for security purposes.

4. Size and Clearance.

Each short-term bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving another bicycle. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian pathways and at least five feet from vehicle parking spaces.

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B. Long-Term Bicycle Parking.

Long-term bicycle parking shall be provided in order to serve employees, students, residents, commuters, and others who generally stay at a site for four hours or longer.

1. Parking Spaces Required.
a. Multi-Unit Residential Uses. A minimum of one long-term bicycle parking space shall be provided for every four units for multi-unit residential.
b. Educational Uses.
i. Nursery/Preschools and Day Care Centers. One long-term bicycle parking space per 15 employees. ii. Elementary, Middle, and High Schools. One long-term bicycle parking space per 15 employees; minimum one space.
iii. Colleges and Universities. One long-term bicycle parking space per 15 employees; minimum one space.
c. Other Uses. Any establishment with 15 or more full time equivalent employees shall provide longterm bicycle parking for five percent of required automobile spaces; minimum one space. d. Parking Structures. Long-term bicycle parking shall be provided at a minimum ratio of one space per 20 vehicle spaces.

2. Location.

Long-term bicycle parking must be located on the same lot as the use it serves and within 50 feet of the facility entrance. In parking garages, long-term bicycle parking must be located within 50 feet of an entrance to the facility. Where the bicycle parking area is not visible from the entrance of the building, signs located at the entrance or in an entry lobby of the building shall identify the location of bicycle parking.

3. Covered Spaces.
100 percent of required bicycle parking for multi-unit developments shall be inside buildings or garages or in bike lockers. At least 60 percent of other required long-term bicycle parking must be covered either inside a building, under roof overhangs or awnings, in bicycle lockers, or within or under other structures.

4. Electric Bicycle Charging.

Bike rooms shall provide outlets for charging electric bicycles.

5. Security. Long-term bicycle parking must be in:
a. An enclosed bicycle locker;
b. A fenced, covered, and locked or guarded bicycle storage area; c. A rack or stand inside a building that is within view of an attendant or security guard or visible from employee work areas or within secure/restricted bicycle storage room; or d. Other secure area approved by the Director.

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6. Size, Clearance, and Accessibility.
a. Size. Each bicycle parking space shall be a
minimum of two feet in width and six feet
in length and shall be accessible without
moving another bicycle.
b. Clearance. Two feet of clearance shall be
provided between bicycle parking spaces
and adjacent walls, poles, landscaping,
street furniture, drive aisles, and
pedestrian pathways and at least five feet
from vehicle parking spaces.
c. Accessibility. Bicycle parking areas must
be accessible from the public right-of-way.

The access path must be clear at all times,
provide a five-foot minimum width, a three
foot minimum door width, five percent
maximum slope, elevator minimum interior
dimensions of 80 inches by 54 inches,
require no lifting of bicycle over any steps,
and provide lighting for the access route
and bicycle parking spaces. At least one
main access path shall meet all the above
listed criteria if multiple access paths are
provided.

7. Rack Style and Spacing. Racks, if used, shall be designed and spaced as follows:
a. Rack Style. Decorative bicycle racks, such as circular, ring, or bicycle shaped racks are recommended.

No wave racks are allowed.
b. Rack Spacing. Racks shall be spaced a minimum of three feet between each other when placed side by side, and a minimum of five feet when placed end to end.

C. Bicycle Repair Stands.

Bicycle repair stands have tools to help fix minor maintenance issues, such as adding air to a tire, tightening a loose chain, or adjusting handlebars. To support people bicycling, bicycle repair stands shall be provided as follows:

1. Residential Uses.

At least one bicycle repair stand shall be provided for all residential developments with 50 or more units.

2. Non-Residential Uses.

At least one bicycle repair stand shall be provided for all non-residential developments with 50 or more employees.

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3.03.10. Off-Street Loading Requirements
All uses requiring the receipt or distribution by vehicles or trucks of material or merchandise shall provide offstreet loading and unloading areas to handle the volume of truck traffic and loading requirements. The loading space(s) shall be maintained during the existence of the building or use it is required to serve. No loading space which is provided for the purpose of complying with the provisions of this Section shall hereinafter be eliminated, reduced, or converted in any manner below the requirements established herein, unless equivalent facilities are provided elsewhere, conforming to this Code. See also Section 3.02.07 (Utilities, Service Areas, and Building Equipment) for additional standards related to service areas.

A. Number of Loading Spaces Required.

1. Commercial and Industrial Uses.

At a minimum, loading spaces shall be provided in compliance with Table 3.03.10-1. Required Loading Spaces.
a. Multi-Tenant Buildings. The gross floor area of the entire building shall be used in determining spaces for multi-tenant buildings. A common loading area may be required, if each tenant space is not provided with a loading area. Drive-in roll-up doors for multi-tenant industrial projects may be substituted for required loading areas.
b. Reduction to Number of Loading Spaces Required. The Director may waive the loading space requirement upon finding that the applicant has satisfactorily demonstrated that, due to the specific nature of the use and building, such loading space will not be necessary. c. Additional Loading Spaces Required. Additional loading spaces may be required to ensure that trucks will not be loaded, unloaded, or stored on public streets. Such requirement shall be based on the anticipated frequency of truck deliveries.

Table 3.03.10–1: Required Loading Spaces
Total Square Feet of Building Space
(Gross Floor Area)
Loading Spaces
Required
Commercial and Industrial Buildings
Less than 6,000 0
6,000 - 15,000 1
15,001 - 40,000 2
40,001 and over 3
Over 100,000 Adequate number as determined by the Director Hospitals and Institutions
Less than 10,000 0
10,000 - 50,000 1
50,001 - 100,000 2
100,001 and over 3
Other Uses
Hotels/Motels 1
B. Maneuvering Area.

Sufficient space shall be provided for turning and maneuvering vehicles such that vehicles may enter and exit the site in a forward direction.

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C. Location and Orientation.

1. Off-street loading facilities shall be located
on the same site with the use for which the
berths are required.

2. Off-street loading facilities shall be designed
and located so that loading vehicles are not
parked in required setbacks, driveways,
or required parking spaces during loading
activities.

3. No loading berths shall be closer than 30
feet to any property in a residential zone
unless completely enclosed within a build,
or a uniformly solid fence or wall, or any
combination thereof, not less than eight feet
in height.

4. No permitted or required loading berth shall
be located within 25 feet of the nearest point
of any street intersection.

5. Loading areas shall be located inside of
buildings or on non-primary street frontages,
alleys, parking areas, and/or at the rear or
side of building in accordance with Section

3.02.07 (Utilities, Service Areas, and Building
Equipment), and loading docks shall not face a
public right-of-way.

6. Exceptions. The location requirement may
be modified or waived where the Review
Authority finds that:
a. The intended use of the property or the location of or shape of the site and/or existing development warrant a variance;
b. That street-facing loading areas will exhibit architectural treatment, or will be enhanced with landscaping, in such a way as to minimize visual and noise impacts; and c. There are specific features of the site and design of the building such that strict application of the location requirement is impractical.

D. Size and Dimensions.

Each on-site loading space required by this Section shall not be less than 12 feet wide, 45 feet long, and 14 feet high, exclusive of driveways and areas for maneuvering. The minimum size requirement may be modified if the Director finds that the applicant has satisfactorily demonstrated that due to the nature of the proposed use, such size will not be needed.

E. Screening.

All loading zones and truck parking areas shall be screened from view by a minimum of an eight-foot-high hedge, vine-covered fence, or wall and landscaping in accordance with the Section 3.02.07 (Utilities, Service Areas, and Building Equipment).

F. Bumpers.

Bumper rails shall be provided in loading areas where needed for safety or to protect property.

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G. Paving.

Loading areas, aisles, and access driveways shall be paved so as to provide a durable, dustless surface and shall be graded and drained to dispose of surface water.

H. Use of Required Loading Spaces.

Loading areas shall be accessible for their intended purpose during all hours of operation. No repair work or servicing of vehicles shall be conducted in a loading area. Space allocated to any off-street loading berth shall not be used to satisfy the space requirements for any off-street parking facility.

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3.04. PERFOR MANCE STANDARDS

3.04.01. Purpose
The purposes of this Chapter are to:

A. Establish permissible limits and permit objective measurement of nuisances, hazards, and objectionable conditions;
B. Ensure that all uses will provide necessary control measures to protect the community from nuisances, hazards, and objectionable conditions; and
C. Protect industry from arbitrary exclusion from areas of the City.

3.04.02. Applicability
The standards of this Chapter shall apply to all new uses in the City at the time of adoption of this Code. In addition, these standards apply to a change in use and major additions or renovations to existing structures (as defined in Article 7 (Definitions)).

A. The Director may approve an extension for compliance for existing uses with a contract and schedule for full compliance. The extension shall be based on the degree of expenditure needed to achieve full compliance comparted to the total value of the improvements related to the use and the degree of hazard or impact to the adjoining properties and the community from the existing noncompliance with the standards.

3.04.03. General Standard
Land and buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive, or other hazard that would adversely affect the surrounding area.

3.04.04. Measurement of Impacts
Measurements necessary for determining compliance with the performance standards of this Chapter shall be taken at the property line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance.

3.04.05. Dust Control and Soil Erosion
A. Any soil disturbance due to excavation, grading
or building construction shall comply with the
regulations and standards in Chapter 152: Dust
Control of the City of Indio Municipal Code.

B. Any ground or soil disturbance due to excavation,
grading, cultivating, plowing, removal of
vegetation, or other similar acts shall comply with
the regulations and standards in Chapter 155: Soil
Erosion of the City of Indio Municipal Code.

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3.04.06. Air Contaminants
Uses, activities, and processes shall not operate in a manner that emits excessive dust, odor, fumes, smoke, or particulate matter, unless authorized under Federal, State, or local law. Sources of air emissions shall comply with all rules established by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, and the South Coast Air Quality Management District (SCAQMD). The City shall consult, when appropriate, with SCAQMD to determine which uses shall be equipped with emission-control devices or measures to preclude fugitive dust and particulate emissions from the site. Such devices or measures shall be approved by SCAQMD prior to issuance of a building permit or other approval authorizing construction activities. All devices shall be maintained by the owner.

3.04.07. Odors
No obnoxious odor or fumes shall be emitted that are perceptible without instruments by a reasonable person at the property line of the site.

3.04.08. Noise and Vibration
A. Development Noise.

No development project shall generate noise exceeding the maximum levels permitted in Table 11-1: Noise Compatibility Guidelines in the Noise Element of the City of Indio General Plan. An acoustic study shall be required for any proposed project which could create or be subject to a noise that exceeds the levels contained in Table 11-1 Noise Compatibility Guidelines of the General Plan should the Director determine that such a study is needed.

B. Vibration.

No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard. Where vibration dampeners are proposed, project applications shall include an engineered study establishing the effectiveness of the dampeners based on actual conditions.

C. Other Noise and Vibration Sources.

All land uses shall be subject to regulations and standards in Chapter 95C: Noise Control of the City of Indio Municipal Code.

3.04.09. Hazardous Materials
Uses, activities, and processes involving the use,
storage, or disposal of hazardous and extremely
hazardous materials shall be regulated and monitored
according to standards established by the United
States Environmental Protection Agency (EPA), the
California Department of Health Services (DHS),
the California Department of Toxic Substances
Control (DTSC), the Riverside County Department of
Environmental Health, and the City of Indio Fire and
Building Codes.

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3.04.10. Fire and Explosive Hazards
Uses, activities, and processes involving the use of, or storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. No use shall store or process flammable or explosive materials more than the quantities exempted by the Building Code, unless a permit has been granted by the Fire Department. All incineration is prohibited with the exception of substances such as, but not limited to, chemicals, insecticides, hospital materials and waste products, required by law to be disposed of by burning, and those instances wherein the Fire Department deems it a practical necessity. Firefighting and fire suppression equipment and devices standard in industry shall be approved by the Fire Department.

3.04.11. Glare
Uses, activities, and processes shall not be operated such that significant, direct glare, incidental to the operation of the use, is visible beyond the boundaries of the property where the use is located.

3.04.12. Heat and Humidity
Heat emitted by a use shall not cause a temperature increase of more than five degrees Fahrenheit on an adjacent property.

3.04.13. Radioactivity
Uses, activities, and processes shall not generate or emit any fissionable or radioactive materials into the atmosphere or sewage system or onto the ground.

3.04.14. Electromagnetic Interference
All uses, activities and processes shall comply with applicable Federal Communications Commission regulations.

3.04.15. Waste
A. Discharge.

Liquids and solids of any kind shall not be discharged, either directly or indirectly, into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with Title V (Public Works) of the City of Indio Municipal Code, Valley Sanitary Sewer District, other County agencies, and all applicable regulations of the Colorado River Basin Regional Water Quality Control Board.

B. Containment.

Waste shall be handled and stored to prevent nuisances, health, safety, and fire hazards, and to facilitate recycling. Material, including but not limited to paper products, plastic, dirt, sand, lime, seed, bran, chaff, wood refuse, and other readily transportable compounds, shall be contained in a way that cannot be tracked or carried by wind off-site.

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Indio City CouncilSeptember 21, 2022

Indio City Council
September 21, 2022