Indio City Council
September 21, 2022

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3.05. SIGN REGULATIONS

3.05.01. General Provisions
A. Purpose.

This Chapter has been adopted to ensure that all signs installed in the city are compatible with the unique character and environment of the community and in compliance with the General Plan. This Chapter promotes the public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content neutral, and nondiscriminatory sign standards and requirements.

More specifically, this Chapter is intended to:

1. Ensure that all signs are compatible with the unique character and environment of the city, and that they support the desired ambience and development patterns of the various zones within the city; and,

2. Balance public and private objectives by allowing adequate avenues for both commercial and noncommercial messages; and,

3. Ensure pedestrian and traffic safety by promoting the free flow of traffic and the protection of pedestrians and motorists from injury and property damage caused by, or which may be fully or partially attributable to, cluttered, distracting, and/or illegible signage; and,

4. Prevent property damage, personal injury, and litter caused by signs that are improperly constructed or maintained; and,

5. Protect property values, the local economy, and quality of life by preserving and enhancing the appearance of the streetscape; and,

6. Provide consistent sign design standards that enable the fair and consistent enforcement of these sign regulations.

B. Applicability.

1. This Chapter applies to all signs within the City regardless of their nature or location, unless otherwise specifically exempted in Subsection 3.05.01.B.5 (Exemptions). a. Standards for permanent signs are found in Section 3.05.05 (Standards for Permanent Signs). b. Standards for portable and temporary signs are found in Section 3.05.7 (Standards for Portable and Temporary Signs).
c. Standards for signs proposed within the boundaries of the City of Indio Downtown Specific Plan are subject to the sign standards established in Section 3.11 (Signs) of the Downtown Specific Plan. d. The provisions of this Chapter shall be applied in a content-neutral manner. Noncommunicative aspects of all signs, not related to the content of the sign, must comply with the provisions of this Chapter. “Non-communicative aspects” include the time, place, manner, design, location, size, height, illumination, spacing, and orientation of signs.

2. Nothing in this Chapter shall be construed to prohibit a person from holding a sign while picketing or protesting on public property that has been determined to be a traditional or designated public forum, so long as the person holding the sign does not block ingress and egress from buildings, create a safety hazard by impeding travel on sidewalks, in bike or vehicle lanes, or on trails, or violate any other reasonable time, place, and manner restrictions adopted by the City.

C. Substitutions and Interpretations.

1. This Chapter is not intended to, and does not, restrict speech on the basis of its content, viewpoint, or message. No part of this Chapter shall be construed to favor commercial speech over non-commercial speech. A non-commercial message may be substituted for any commercial or non-commercial message displayed on a sign, or the content of any non-commercial message displayed on a sign may be changed to a different noncommercial message, without the need for any approval or permit, provided that the

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size of the sign is not altered and the sign otherwise complies with the provisions of this Chapter. To the extent any provision of this Chapter is ambiguous, the term will be interpreted not to regulate on the basis of the content of the message.

2. Where there is any question regarding the interpretation of a provision of this Chapter, or its application to any specific case or situation, the Director shall interpret the intent of this Chapter.

D. Exemptions.

The following are not regulated under this Chapter and do not require a Sign Permit:

1. Building identification signs not exceeding two square feet in area for residential buildings and foursquare feet in area for non-residential buildings;

2. Any sign, posting, notice or similar signs placed, installed, or required by law by a city, county, or a federal or state governmental agency in carrying out its responsibility to protect the public health, safety, and welfare, including the following:
a. Numerals and letters identifying an address from the street to facilitate emergency response and compliant with City requirements;
b. Emergency and warning signs necessary to warn of dangerous and hazardous conditions and that serve to aid public safety or civil defense;
c. Traffic signs erected and maintained by an authorized public agency; d. Signs required to be displayed by any applicable federal, state, or local law, regulation, or ordinance; e. Signs directing the public to points of interest; and f. Signs showing the location of public facilities.

3. Incidental signs not to exceed an aggregate of three-square feet in sign area in all single-family residential zones and six square feet in all other zones;

4. Landmark signs;

5. Signs not readable from the public right-of-way, including:
a. Signs or displays located entirely inside of a building, within a courtyard, open-air pedestrian space or similar open area and not visible from the building’s exterior; b. Signs intended to be readable from within a parking area or City park but not readable beyond the boundaries of the lot or parcel upon which they are located or from any public right-of-way; and

6. Certain Historic and Architectural Features. Historical plaques erected and maintained by non-profit organizations, memorials, building cornerstones, and date-constructed stones not exceeding four square feet in area.

3.05.02. Administration and Procedures
The procedures for submittal, review, and approval for all signs are provided in Chapter 6.04 (Permits and Approvals).

A. Sign Permits – Permanent Signs.

The procedures for the submittal, review, and approval of permanent signs are provided in Subsection 3.05.09.B (Sign Permits – Permanent Signs).

B. Sign Permits – Temporary Signs.

The procedures for the submittal, review, and approval of temporary signs are provided in Subsection 3.05.09.C (Sign Permits – Temporary Signs).

C. Sign Permits – Master Sign Plans.

The procedures for the submittal, review, and approval of master sign plans are provided in Subsection 3.05.09.D (Sign Permits – Master Sign Plans).

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3.05.03. General Restrictions for All Signs
A. Location Restrictions.

Except where specifically authorized in this Chapter, signs must not be placed in the following locations or manner:

1. Within, on, or projecting over public property including City rights-of-way, except as specifically provided in this Chapter;

2. Any sign attached to any public utility pole, structure or streetlight, tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, statue, memorial, or other location on public property, except those signs approved as part of a special event permit on City property or banner signs permitted by the City on light poles within the City;

3. Tacked, painted, pasted, or otherwise affixed, to the walls of any building, barn or shed, accessory structure, or on trees, poles, posts, fences, ladders, or other structures that are visible from a public way;

4. Any location that obstructs the view of any authorized traffic sign, signal, or other traffic control device or which by reason of shape, color, or position interferes with or could be confused with any authorized traffic signal or device;

5. Any sign which is placed in a manner that would prevent or inhibit free ingress to or egress from any door, window, vent, or any exit way required by the Building Code, or by Fire Department regulations (currently in effect);

6. Off-the-premises to which the sign refers, except as provided in Section 3.05.07 (Standards for Portable and Temporary Signs);

7. Mounted, attached, or painted on a trailer, boat, or motor vehicle when parked, stored, or displayed conspicuously on private premises in a manner intended to attract attention of the public for the purpose of advertising or identifying the business premises unless such vehicles are purposefully incorporated into the design of the sign and the sign has either been issued a permit by the Director or is nonconforming. Vehicles must be operable and parked in a lawful or authorized manner. This provision excludes signs indicating the name of the owner or business that are permanently painted or wrapped on the surface of the vehicle, adhesive vinyl film affixed to the interior or exterior surface of a vehicle window, or signs magnetically attached to motor vehicles or rolling stock that are actively used in the daily conduct of the business;

8. Painted, attached, or mounted on fuel tanks, storage containers, solid waste receptacles or their enclosures, and similar structures, except for a manufacturer’s or installer’s identification, appropriate warning signs and placards, and information required by law;

9. Areas where a sign would cover the architectural features of a building, such as dormers, insignias, pilasters, soffits, transoms, trims, or another architectural feature; and

10. Within the site visibility triangle (Refer to Section 3.02.06 (Visibility Area)) that must be observed at all in street intersections and the intersections of dedicated alleys or driveways with streets.

B. Display Restrictions.

This Subsection regulates the manner in which signs convey their messages by specifying prohibited display features that create distractions to the traveling public and visual clutter that mar the natural and architectural aesthetics of the City. Signs with the following display features are prohibited:

1. Any sign or lighting device, whether on the exterior of a building or on the inside of a window which is visible beyond the boundaries of the lot or parcel, or from any public right-of-way, with intermittent, flashing, rotating, blinking, or strobe light illumination;

2. Any sign with an exposed light source, except for neon incorporated into the design of the sign;

3. Any sign which uses florescent colors;

4. Any sign which emits sound, odor, smoke, laser or hologram lights, or other visible matter, including any sign that uses motion picture projection;

5. Any sign animated by any means, including fixed aerial displays, balloons, pennants, spinners, including

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strings of flags, streamers, tubes, or other devices affected by the movement of the air or other atmospheric or mechanical means;

6. Any sign in which the sign body or any portion of the sign rotates, moves up and down, or any other type of action involving a change in position of the sign body or any portion of the sign, whether by mechanical or any other means. Barber poles no larger than three feet high and 10 inches in diameter, and clocks, are excepted from this restriction; and

7. Strings of lights arranged in the shape of a product, arrow, or any commercial message.

C. Prohibited Sign Types.

1. Bandit signs;

2. Billboard signs;

3. Stuffed or inflated animals or characters used as signs;

4. Any sign which advertises a business no longer in existence or a product or service no longer being sold, except as provided in Section 6.03.01.F.2 (Removal or Replacement of a Nonconforming Sign) and landmark signs; and

5. Any signs not specifically allowed in this Chapter.

3.05.04. General Requirements for All Signs
A. Sign Message.

Any permitted sign may contain, in lieu of any other message or copy, any lawful non-commercial message, so long as the sign complies with the size, height, area, location, and other requirements of this Chapter.

B. Rules of Measurement.

1. Sign Area Measurement. Sign area is measured as follows:
a. Signs on Background Panel. Where the sign copy is mounted, affixed, or painted on a background panel or distinctively painted, textured, or constructed surface, the sign area is measured as the sum of the smallest rectangle(s) that will enclose both the sign copy and the background, as shown in Figure 3.05.04-1.

Fig ure 3.05.04–1. Signs on Background Panel

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b. Signs with Individual Letters. Where the sign has individual letters or graphics mounted against a wall, fascia, mansard, parapet, or other building surface that has not been distinctively painted, textured or constructed as a background panel, the sign area is measured as a sum of the smallest rectangle(s) that will enclose each word and each graphic in the total sign except for the descending elements of lower case letters, as shown in Figure 3.05.04-2. As an incentive to encourage the use of individual letters in a sign, sign area for individual letters or graphics will be counted as 75 percent of the area enclosing the sign copy so that a larger sign area may be permitted.

Fig ure 3.05.04–2. Signs with Individual Letters
c. Signs on Illuminated Surfaces. Where the sign is mounted, affixed, or painted on an illuminated surface or illuminated element of a building or structure, the sign area is measured as the entire illuminated surface or illuminated element, which contains sign copy, as shown in Figure 3.05.04-3 Fig ure 3.05.04–3. Signs on Illuminated Surfaces

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d. Irregular Shaped Signs. Sign area for irregular shaped signs is determined by dividing the sign into squares, rectangles, triangles, circles, or arcs as shown in Figure 3.05.04-4.

Fig ure 3.05.04–4. Irregular Shaped Signs
e. Multi-Face Signs. The sign area for multi-face signs, as shown in Figure 3.05.04-5 are measured as follows:
i. Two-Face Signs. Where the interior angle between the two sign faces is 45 degrees or less and the sign faces are less than 42 inches apart, the sign area is measured as the area of one sign face only.

Where the angle between the two sign faces is greater than 45 degrees, the sign area is the sum of the areas of the two sign faces.
ii. Three- or Four-Face Signs. The allowable sign area is measured as 50 percent of the sum of the areas of all sign faces.

Fig ure 3.05.04–5. Multi-Face Signs

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iii. Spherical, Free-Form, or Sculptural Signs. The sign area is measured by encasing the longest portion of the sign with four dimensionally equal lines, and the shortest portion of the sign with at least two dimensionally equal lines to form a cuboid. The sign area is 50 percent of the sum of the areas between the longest four dimensionally equal lines encompassing the cuboid, as shown in Figure3.05.04-6.

Fig ure 3.05.04–6. Spherical, Free-form, or Sculptural Signs

2. Sign Height Measurement.
a. Freestanding Signs. Sign height for freestanding signs is measured as the vertical distance from the finished grade to the top of the sign, exclusive of any filling, berming, mounding or landscaping solely for the purpose of locating the sign as shown in Figure 3.05.04-7, excluding decorative embellishments as permitted by the provisions of this Section.

Fig ure 3.05.04–7. Freestanding Sign Height

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i. Higher Than Adjacent Grade. Where the natural grade at the base of a sign is higher than the grade of the adjacent road, sign height is measured from the base of the sign, as shown in Figure

3.05.04-8.

Fig ure 3.05.04–8. Freestanding Sign Height, Higher than Adjacent Grade ii. Lower Than Adjacent Grade. Where the natural grade at the base of a sign is lower than the grade of an adjacent road, the height of the sign is measured from the top of curb elevation, as shown in Figure 3.05.04-9.

Fig ure 3.05.04–9. Freestanding Sign Height, Lower than Adjacent Grade b. Wall Signs. The height of building-mounted signs is the vertical distance measured from the base of the wall on which the sign is located to the top of the sign or sign structure, as shown in Figure

3.05.04-10.

Fig ure 3.05.04–10. Wall Sign Height

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C. Sign Illumination.

1. Internal Illumination.

Internally illuminated signs include cabinet signs, single- or two-color LED signs, signs constructed with pan channel letters, or indirect halo illuminated channel letters on an unlit or otherwise indistinguishable background on a freestanding sign or building wall.
a. To minimize glare, internally illuminated signs such as cabinet signs must either be constructed with an opaque background and translucent text and symbols, or with a colored (not white, off-white, light gray, or cream) background and generally lighter text and symbols as shown in Figure 3.05.04-11.

Fig ure 3.05.04–11. Internal Illumination
b. Internally illuminated cabinet signs may be used only for non-residential uses in the Residential zones and in the Non-Residential and Public/Institutional zones (Refer to Chapter 2.02 (Residential Zones), Chapter 2.03 (Mixed-Use Zones), and Chapter 2.04 (Non-Residential Zones)) provided the illumination intensity does not exceed 0.5 foot candles at the property line. Internally illuminated cabinet signs are not allowed in any of the Mixed-Use zones.

2. External Illumination.
a. Externally illuminated signs must be illuminated only with steady, stationary, fully shielded light sources directed solely onto the sign without causing glare. b. The light source for externally illuminated signs must be arranged and shielded to substantially confine all direct light rays onto the sign face and away from streets and adjacent properties as illustrated in Figure 3.05.04-12.

Fig ure 3.05.04–12. External Illumination

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3. Neon.
a. Exposed neon sign lighting on permanent signs and single-color or two-color LED signs are only allowed in Mixed-Use and Non-Residential zones (Refer to Chapter 2.02 and Chapter 2.03). b. Neon signs placed in a window are counted toward the total aggregate area for all window signs (Refer to Table 3.05.05-13 (Standards for Window Signs)).

4. Single-Color or Two-Color LED Signs.
a. Single-color or two-color LED signs are exempt from the sign area limitations for wall signs and window signs established in Table 3.05.05-12 (Standards for Wall Signs) and Table 3.05.05-13 (Standards for Window Signs).
b. Any individual single-color or two-color LED sign must not exceed four square feet in area.

5. Electronic Message Signs.
a. One electronic message sign may be allowed subject to approval of an Administrative Conditional Use Permit (Refer to Section 6.04.04 (Use Permits)) as an integral component of a freestanding or wall sign (Refer to Table 3.05.05-12 (Standards for Wall Signs) and Table 3.05.05-18 (Standards for Monument Signs)) per lot or parcel in Mixed-Use and Non-Residential zones and for mixed-use and non-residential uses in all zones. The Director may require Planning Commission approval of the Administrative Conditional Use Permit if, in the Director’s opinion, there are special or unusual circumstances associated with the application for the electronic message sign. b. Electronic message signs must not flash, blink, flutter, include intermittent or chasing lights, or display video messages (i.e., any illumination or message that is in motion or appears to be in motion).

Electronic message signs may display changing messages provided that each message is displayed for no less than 15 seconds.
c. Night-time Brightness.
i. Automatic Control. Electronic message signs must be equipped with photocell technology to control and vary the intensity of light output depending on the amount of ambient light that is present to prevent overly bright luminance at night. Automatic controls must limit night luminance to a maximum of 100 nits when the display is set to show maximum brightness in 100 percent full white mode.
ii. Manufacturer Certification. The applicant shall include with the Building Permit application a written certification from the sign manufacturer that the nighttime luminance has been factory pre-set not to exceed 100 nits as described in paragraph c.(i). above, and that this setting is protected from end-user modification by password-protected software or other method as deemed appropriate by the Building Official.
d. Electronic message signs must be set to a maximum lighting intensity of 0.6 candela (foot-candles) over ambient light levels as measured using a foot-candle meter placed 100 feet from the sign. Each sign shall have a redundant system for controlling sign brightness, including an automatic light sensing device or photocell that will adjust the brightness as ambient light conditions change, and a backup system based on local sunrise and sunset times.

D. Sign Structure and Installation.

The installation of signs shall be enforced and administered by the Building Official. All signs and sign structures must be designed to comply with the provisions of this Chapter, the applicable provisions of the Building Code, and constructed to withstand wind loads, dead loads, and lateral forces.

1. Engineer. If the desired freestanding sign is more than 12 feet from grade to the bottom of the sign or is more than 100 square feet in one single face, it shall be reviewed and sealed by a licensed engineer.

2. Any angle iron, bracing, guy wires, or similar features used to support a sign must not be visible to the extent technically feasible.

3. Where electrical service is provided to freestanding signs, all such electrical service must be placed underground and be concealed. Electrical service to building mounted signs, including conduit, housings, and wire, must be concealed or, when necessary, painted to match the surface of the structure upon which they are mounted. A Building Permit must be issued prior to installation of any new signs requiring electrical service.

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4. All permanent signs allowed by this Chapter must be constructed of durable materials capable of withstanding continuous exposure to the elements and the conditions of a built-up environment, and must be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.

5. Raceway cabinets, as illustrated in Figure 3.05.04-13, must only be used in building mounted signs when access to the wall behind the sign is not feasible, or when the Director determines that a benefit exists to preserve a historic or architectural feature of a building. In such cases, the raceway cabinet must not extend in width and height beyond the area of the sign and must match the color of the building to which it is attached. Where a raceway cabinet provides a contrast background to sign copy, the colored area is counted in the total allowable sign area allowed for the site or business.

Fig ure 3.05.04–13. Raceway Cabinet
E. Sign Maintenance.

1. All signs shall be maintained by any property owner, lessor, lessee, manager, agent, or other person having lawful possession or control over a sign, building, structure, or parcel of land, in a condition or state of equivalent quality to which it was approved or required by the City.

2. All signs together with their supports and appurtenances must be maintained in good structural condition, in compliance with applicable Building Codes, and in conformance with this Chapter.

Maintenance of a sign includes annual cleaning; replacement of flickering, burned out or broken light bulbs or fixtures; repair or replacement of any faded, peeled, cracked, or otherwise damaged or broken parts of a sign; replacement of broken or removed components of the sign; and any other activity necessary to restore the sign so that it complies with the requirements and contents of the Sign Permit issued for its installation and the provisions of this Chapter.

3. Required landscaped areas contained by a fixed border, curbed area, wall, or other perimeter structure must receive regular repair and maintenance. Plant materials that do not survive after installation in required landscape areas are required to be replaced within three months.

4. The Building Official is authorized to order the repair, maintenance, or removal of any sign or sign structure that has not been maintained and is dangerous or in disrepair, or which is erected or maintained contrary to the requirements of this Section.

5. Failure to maintain a sign constitutes a violation of this Chapter and will be subject to enforcement action, in which case the Building Official may order the removal of any sign that is determined to be in disrepair or dangerous.

6. Any owner of a sign victimized by graffiti shall remove, repair, or repaint sign(s) within 10 days of the graffiti being applied or within 10 days of notification by the Director, whichever event comes first.

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3.05.05. Standards for Permanent Signs
A. Applicability.

1. This Section establishes the standards for permanent signs.

2. Table 3.05.05-1 (Allowed Sign Types by Zone) establishes which sign types are allowed in each zone.

Any combination of allowed sign types may be used within a given zone unless specifically prohibited.

The zones listed in Table 3.05.05-1 (Allowed Sign Types by Zone) are consistent with the land use types established in the General Plan.

3. Table 3.05.05-2 (Dimensional Standards for Permanent Signs) establishes standards for building-mounted and freestanding signs based on the uses allowed within a specific zone(s). Tables 3.05.05-3 through

3.05.05-18 provide the standards and supporting illustrations for each of the allowed sign types.

4. A sign type not specifically included in this Section may be allowed by the Director provided the sign meets the intent of the zone in which it is proposed. The Director may refer a decision on a sign type to the Planning Commission if the Director finds the public interest would be better served by having the Planning Commission act as the decision-maker.

5. A permanent freestanding sign is only allowed on a panel on which a primary use or building has been established.

Table 3.05.05–1: Allowed Sign Types by Zone
Sign Type
Singlefamily
Residential
Zones
Multifamily
Residential
Zones
Mixed-Use
Zones
Commercial
Zone
Industrial
Zones
Public and
Institutional Zones
DE-1, DET3, SN-4, SN8, and RLCI
Zones
MH, CN-14,
and CN-20
Zones
MUN-40,
NC-20, MT40, and DT
SP Zones
RC Zone IL, IH, RR
Zones PI Zone OS Zone
• = Allowed; ― Not Allowed
Building Mounted Signs
Awning Sign ― ― • • • • ―
Blade Sign ― ― • • • ― ―
Canopy Sign ― ― • • • ― ―
Directional Sign ― • • • • • •
Directory Sign ― • • • • • ―
Marquee Sign ― ― • • ― ― ―
Roof-Mounted Sign ― ― • • • ― ―
Service Island
Canopy Sign ― ― • • • ― ―
Vertical Projecting
Sign ― ― • • • ― ―
Wall Sign ― ― • • • • •
Window Sign ― ― • • • • ―
Freestanding Signs
Directional Sign ― • • • • ― •
Directory Sign ― • • • • ― •
Front Yard Sign • • • ― ― ― ―
Monument Sign • • • • • • •
Post Sign • • • • • • •

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B. Standards for Permanent Building-Mounted and Freestanding Signs.

1. The maximum total area for all building-mounted and freestanding signs is established in Table 3.05.05-2 (Dimensional Standards for Permanent Signs).

2. The area of all building-mounted signs is included in the maximum total sign area for wall signs, except when specifically exempted.

3. All permanent building-mounted and freestanding signs must comply with the corresponding sign type standards provided in Tables 3.05.05-3 to Table 3.05.05-18.

Table 3.05.05–2: Dimensional Standards for Permanent Signs Standard
““ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet Single-family Residential Uses
Applies to single-family residential (attached and detached), two-family/ duplex, and tri-/quadplex uses in Residential and Mixed-Use zones.

Building Mounted Sign
Max. Sign Area 3 sf
Max. Sign Height 8 ft
Max. Number of Signs 1 per parcel
Illumination Non-illuminated
Freestanding Sign
Max. Sign Area
Front yard sign – 4 sf
For permitted nonresidential uses and subdivisions:

Monument sign – Max. 32 sf or Post sign – Max. 16 sf
Max. Sign Height 4 ft
Max. Number of Signs 1 per parcel
Illumination Non-illuminated
Multi-family Residential Uses
Applies to multi-family residential uses in Residential and Mixed-Use zones.

Building Mounted Sign
Max. Sign Area For multi-family residential uses with 5 dwelling units or more, 1 building mounted sign allowed max. sign area of 40 sf
Max. Sign Height 10 ft
Illumination Non-illuminated or internal illumination
Other Requirements Building mounted or freestanding directory signs, max. 5 sf; no limit on the number of signs.

Freestanding Signs - Monument and Post Sign (Only allowed in lieu of Building Mounted Signs) Max. Sign Area Monument sign – 32 sf or Post sign – 16 sf Max. Sign Height 5 ft
Max. Number of Signs 1 sign per street frontage; Max. 2 signs Illumination Non-illuminated or internal illumination
Other Requirements 2 sf of landscape area placed at the base of the sign for 1 sf of sign area

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Standard
““ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet Mobile Home and RV Park
Applies to all mobile home and recreational vehicle parks in Residential and Mixed-Use zones.

Building Mounted Sign
Max. Sign Area 32 sf in residential and mixed-use zones 50 sf in commercial zones
Max. Sign Height Plate line
Max. Number of Signs 1 sign per street frontage; Max. 2 signs Freestanding Signs – Monument and Post Sign (Only allowed in lieu of Building Mounted Signs) Residential Zones Mixed-Use Zones Commercial Zones
Max. Sign Area Monument Sign - 32 sf
Post Sign – 16 sf
Monument Sign – 32 sf
Post Sign – 16 sf
Monument Sign - 40 sf
Post Sign - 24 sf
Max. Sign Height Monument Sign - 5 ft
Post Sign - 6 ft
Monument Sign – 5 ft
Post Sign – 6 ft
Monument Sign - 10 ft.

Post Sign - 6 ft
Max. Number of Signs 1 sign per street frontage; Max. 2 signs Public and Institutional Uses
Only applies to public and institutional uses in all zones.

Building Mounted Signs
Max. Sign Area 40 sf
Max. Sign Height Plate line
Max. Number of Signs 1 per street frontage; Max. 2 signs Illumination Non-illuminated or internal illumination
Freestanding Signs
Max. Sign Area 32 sf
Max. Sign Height 6 ft
Max. Number of Signs 1 sign per street frontage; Max. 2 signs Illumination Non-illuminated or internal illumination
Other Requirements 2 sf of landscape area placed at the base of the sign for 1 sf of sign area.

Mixed-Use Commercial Uses
Only applies to commercial uses in Mixed-Use zones.

Building Mounted Signs
Max. Sign Area
Single tenant total building mounted sign area:
1 sf to 1 lf of building elevation where sign is placed (Includes awning, blade (≤ 6 sf), canopy, wall (max. 40 sf), and window signs)
Multi-tenant total building mounted sign area: 1 sf to 1 lf building tenant frontage (Includes awning, blade (≤ 6 sf), canopy, wall (max. 40 sf), and window signs) Max. Sign Height 16 ft
Max. Number of Signs 1 per business
Illumination Non-illuminated or internal illumination
Other Requirements Signs for an ancillary business located within an existing business are allowed 1 wall sign, max. 24 sf.

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Standard
““ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet Mixed-Use Commercial Uses (Continued)
Freestanding Signs (Monument or Post Sign)
Max. Sign Area
Signs placed on primary street: Monument sign – 32 sf or Post sign – 16 sf Signs on a secondary street facing the parking lot: Monument sign – 20 sf or Post sign – 10 sf
Max. Sign Height Monument sign – 8 ft; Post sign – 6 ft Max. Number of Signs 1 per street frontage: Max. 2 signs Illumination Non-illuminated or internal illumination.

Other Requirements 2 sf of landscape area placed at the base of the sign for 1 sf of sign area.

General Commercial Uses
Only applies to commercial uses in the Regional Commercial zone.

Building Mounted Signs
Max. Sign Area per
Tenant
Lot Size Max. Sign Size
0 - 6,000 sf 80 sf
6,0001 – 12,000 sf 100 sf
12,001 – 24,000 sf 150 sf
24,001 and above 200 sf
Max. Sign Height Plate line
Max. Number of Signs None, provided the total sign area per tenant is not exceeded.

Illumination Non-illuminated, internal illumination, or external illumination.

Other Requirements A roof-mounted sign is permitted in lieu of a wall sign or freestanding sign.

Freestanding Signs
Max. Sign Area Sign area for multi-tenant properties shall be 20 sf.

Max. Sign Height Monument sign: 20 ft
Post Sign: 6 ft
Max. Number of Signs 1 per street frontage; Max. 2 signs (Excludes freestanding signs on individual buildings pads).

Illumination Non-illuminated, internal illumination, or external illumination.

Other Requirements
Individual building pads in a shopping center are allowed 1 monument sign placed on the building pad with max. area 20 sf and max. height of 6 ft. 2 sf of landscape area placed at the base of the sign for 1 sf of sign area.

Freeway-Oriented Signs (Applies to all freestanding signs in Regional Commercial zone and Industrial zones) Parcels ≥ 20 acres with frontage on Interstate 10.

Max. Sign Area 500 sf.

Max. Sign Height Max. 55 ft; Max. 25 ft above freeway grade.

Sign Location Min. 500 feet from any other freestanding freeway-oriented sign.

Min. 25 feet setback from I-10 right-of-way.

Max. Number of Signs 1 per freeway-oriented frontage.

Illumination Non-illuminated, internal illumination, or external illumination.

Other Requirements
Line of sight study required to determine optimum height for sign structures.

For each freeway-oriented sign allowed an additional street-oriented freestanding sign may be permitted by design review provided the sign has a distinctive design and is max. 50 sf in area and not taller than 15 ft.

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Standard
““ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet Parcels < 20 acres with frontage on Interstate 10.

Max. Sign Area 300 sf.

Max. Sign Height Max. 40 ft; Max. 25 ft above freeway grade.

Sign Location Min. 400 ft from any other freestanding freeway-oriented sign.

Min. 25 ft setback from I-10 right-of-way.

Max. Number of Signs 1 per freeway-oriented frontage.

Illumination Non-illuminated, internal illumination, or external illumination.

Other Requirements
Line of sight study required to determine optimum height for sign structures.

For each freeway-oriented sign allowed an additional street-oriented freestanding sign may be permitted by design review provided the sign has a distinctive design and is max. 50 sf in area and not taller than 15 ft.

Downtown Zone
Standards for Downtown
Zone Refer to the Downtown Specific Plan, Section 3.11 (Signs).

Manufacturing, Industrial, and Office Park Uses
Applies to manufacturing, industrial, office park uses in Light Industrial/ Business Park, Heavy Industrial/ Manufacturing, and Regional Commercial zones.

Building Mounted Signs
Max. Sign Area per
Tenant
Lot Size Max. Sign Size
0 - 6,000 sf 80 sf
6,0001 – 12,000 sf 100 sf
12,001 – 24,000 sf 150 sf
24,001 and above 200 sf
Max. Sign Height Plate line
Max. Number of Signs 1 per tenant.

Illumination Non-illuminated, internal illumination, or external illumination.

Other Requirements A roof-mounted sign is permitted in lieu of a wall sign or freestanding sign.

Freestanding Signs
Max. Sign Area
1 acre or larger property, Max. 400 sf
Frontage Length Max. Sign Area Max. Sign Height
0 - 99 lf 80 sf 25 ft
100 - 199 lf 100 sf 35 ft
> 200 lf 200 sf 45 ft
Max. Sign Area -
Monument Signs 45 sf (monument sign only)
Max. Sign Height –
Monument Signs 20 ft
Number of Signs 1 per street frontage; Max. 2 signs
Illumination Non-illuminated, internal illumination, or external illumination.

Other Requirements 2 sf of landscape area placed at the base of the sign for 1 sf of sign area.

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Standard
““ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet Parks and Open Space
Applies to parks and open space uses in all zones.

Building Mounted Signs
Max. Sign Area 12 sf
Max. Sign Height 15 feet
Max. Number of Signs 1 per street frontage; Max. 2 signs Illumination Non-illuminated, internal illumination, or external illumination.

Freestanding Signs
Max. Sign Area 24 sf
Max. Sign Height 6 ft
Max. Number of Signs 1 sign per parcel
Illumination Non-illuminated, internal illumination, or external illumination.

Other Requirements 2 sf of landscape area placed at the base of the sign for 1 sf of sign area.

C. Standards for Permanent Building-Mounted Signs.

Standards for each allowed permanent building-mounted sign type are provided in tables with a supporting illustration of each sign type. All permanent signs must comply with the standards for sign area, height, number, type, and other requirements provided in these tables. Each sign type listed in this Section must be included in the calculation of the total sign area allowed on a parcel or development site by Table 3.05.05-2 (Dimensional Standards for Permanent Signs) except as explicitly provided otherwise in Tables 3.05.05-3 through Table 3.05.05-18.

1. Awning Signs. Awning signs must comply with the standards provided in Table 3.05.05-3 (Standards for Awning Signs).

Table 3.05.05–3: Standards for Awning Signs
Standards Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet Sign Area Max. 1 sf per linear foot of awning width
Sign Height Min. 8 ft from the bottom of the awning to the nearest grade or sidewalk Max. 20 ft
Number of Signs No limit provided the max. area for building mounted signs is met.

Sign Placement
Must be placed above the doors and windows of the ground, second, or third floor.

Awnings must not project above, below, or beyond the edges of the face of the building wall or architectural element.

Sign width must not be greater than 60% of the width of the awning face or valance on which it is displayed.

If an awning is placed on multiple storefronts, each business is permitted signage no greater than 60% of the width of the storefront.

May project into public right-of-way with approval of an Encroachment Permit.

Valance Height Max. 9 in
Horizontal Distance from
the Front Edge of the
Awning to the Back-of-Curb
Min. 2 ft
Illumination Illumination allowed under the awning.

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Standards Requirements

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2. Blade Signs. Blade signs must comply with the standards provided in Table 3.05.05-4 (Standards for Blade Signs).

Table 3.05.05–4: Standards for Blade Signs
Standards Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet Sign Area Max. 12 sf
Number of Signs 1 per business frontage.

Mounting Height
Min. 8 ft from the bottom of the sign to the nearest grade or sidewalk.

Must be mounted perpendicular to the building face or the corner of the building.

Sign Placement
If mounted below the underside of a walkway or overhead structure, must not extend beyond the edge of the structure on which it is located.

May project into public right-of-way with approval of an Encroachment Permit.

Illumination Non-illuminated, internal illumination, or external illumination.

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3. Canopy Signs. Canopy signs must comply with the standards provided in Table 3.05.05-5 (Standards for Canopy Signs).

Table 3.05.05–5: Standards for Canopy Signs
Standards Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet Sign Area Max. 1 sf per linear foot of canopy width.

Sign Height Min. 8 ft from the bottom of the canopy to the nearest grade or sidewalk; Max. 20 ft
Number of Signs 1 per business frontage.

Sign Placement
Must be placed above the doors and windows of the ground floor of a building.

Sign width must not be greater than 60% of the width of the canopy on which it is displayed.

If a canopy is placed on multiple store fronts, each business is permitted signage no greater than 60% of the store width or tenant space.

May project into public right-of-way with approval of an Encroachment Permit.

Horizontal Distance from
the Edge of the Canopy to
Back-of-Curb
Min. 2 ft
Illumination Non-illuminated, internal illumination, or external illumination.

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4. Directional Signs (Building-Mounted). Directional signs must comply with the standards provided in Table 3.05.05-6 (Standards for Directional Signs (Building-Mounted)).

Table 3.05.05–6: Standards for Directional Signs (Building-Mounted) Standards Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet Sign Area Max. 12 sf.

Excluded from the total allowed sign area for all building-mounted signs.

Sign Height Max. 8 ft
Number of Signs
Max. 1 per driveway entrance; 6 signs per site or development.

If not readable from the right-of-way, no limit.

Excluded from the total number of allowed signs for all building-mounted signs.

Illumination Non-illuminated, internal illumination, or external illumination.

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5. Directory Signs (Building-Mounted). Directory signs must comply with the standards provided in Table

3.05.05-7 (Standards for Directory (Building-Mounted)).

Table 3.05.05–7: Standards for Directory Signs (Building Mounted) Standards Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet Sign Area Max. 2 sf per tenant space; Max. total area 16 sf.

Excluded from the total allowed sign area for all building-mounted signs.

Mounting Height Max. 8 ft from nearest grade.

Number of Signs Max. 1 per primary building entrance.

Excluded from the total number of allowed signs for all building-mounted signs.

Illumination Non-illuminated, internal illumination, or external illumination.

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6. Marquee Signs. Marquee signs must comply with the standards provided in Table 3.05.05-8 (Standards for Marquee Signs).

Table 3.05.05–8: Standards for Marquee Signs
Standards Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet Sign Area Max. 200 sf; Includes all 3 sides of the marquee.

Mounting Height Min. 12 ft from the bottom of the marquee to the nearest grade or sidewalk.

Sign Placement
May project into public right-of-way with approval of an Encroachment Permit.

Sign letters may be placed above the marquee with approval of a Conditional Administrative Use Permit (Refer to Section 06.04.04 (Use Permits)).

Number of Signs Max. 1 per business.

Horizontal Distance from the
Front Edge of the Marquee to
the Back-of-Curb
Min. 2 ft
Illumination Direct illumination or internal illumination.

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7. Roof-Mounted Signs. Roof-mounted signs must comply with standards provided in Table 3.05.05-9 (Standards for Roof-Mounted Signs).

Table 3.05.05–9: Standards for Roof-Mounted Signs
Standards Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet Sign Area
Refer to the standards for Wall Signs, Table 3.05.05-13.

Sign width shall not be greater than 50% of the width of the roof or mansard in which it is displayed.

Sign Placement
Hip roof: Only placed on the lowest 1/3 of the slope of the roof measured from the peak.

Mansard roof: Only placed on the lowest 1/2 of the slope of the roof.

Signs for individual tenants in multi-tenant centers shall be centered above the tenant space and only mounted on a mansard roof.

Number of Signs Max. 1 per business.

For corner sites, 1 sign per frontage.

Illumination Non-illuminated, internal illumination, or external illumination.

Other Requirements
Signs made of individual letters must have a minimum depth of 6 inches to convey a three-dimensional appearance.

Roof mounted signs must be mounted in compliance with the requirements of Section 3.05.04.D.2 (Sign Structure and Installation).

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8. Service Island Canopy Signs. Service Island Canopy signs must comply with the standards provided in Table 3.05.05-10 (Standards for Service Canopy Signs).

Table 3.05.05–10: Standards for Service Island Canopy Signs Standards Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet Sign Area
Max. 60 sf for the total area of all signs on the canopy.

As allowed by use permit but not to exceed 150 sf for detached signs and 32 sf for attached.

Number of Signs Signs may only be displayed on max. 3 canopy facades.

Illumination Non-illuminated or internal illumination.

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9. Vertical Projecting Signs. Projecting signs must comply with the standards provided in Table 3.05.05-11 (Standards for Vertical Projecting Signs).

Table 3.05.05–11: Standards for Vertical Projecting Signs Standards Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet Sign Area Max. 24 sf
Mounting Height Min. 8 feet from the bottom of the sign to the nearest grade or sidewalk and 14 ft above vehicular ways.

Sign Placement
Only on the wall of a building.

May project into public right-of-way with approval of an Encroachment Permit.

Signs projecting over a public right-of-way shall be limited to those attached to a building located at or within six feet of the building entrance.

Number of Signs Max. 1 per business frontage.

Projection
Max. 4 ft from the building wall to the outer edge of the sign.

No such sign shall extend closer than four feet to a curb line.

For any building located on the property line may have a sign which projects up to 18 inches into the public right-of-way.

Illumination Non-illuminated, internal illumination, or external illumination.

Other Requirements No sign or sign structure shall project into a driveway or a public alley.

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10. Wall Signs. Wall signs must comply with the standards provided in Table 3.05.05-12 (Standards for Wall Signs).

Table 3.05.05–12: Standards for Wall Signs
Standards Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet Sign Area As provided in Table 3.05.05-2.

Number of Signs As provided in Table 3.05.05-2.

Illumination Non-illuminated, internal illumination, or external illumination.

Sign Placement
Refer to the illustration below for applicable standards.

Signs for businesses exclusively on the second or third floor of a multi-level building are allowed a wall or awning signs, max. 50% of the sign area allocated to business on the first floor.

Special Provisions Requirements
Painted Wall Signs
Painted wall signs are allowed on any exterior building wall of an individual tenant space or building.

The allowable area for painted wall signs will be increased by 10% over the normal allowable sign dimensions for the zone.

Painted wall signs must be professionally painted.

Non-illuminated or external illumination only.

Changeable Copy and
Electronic Message Signs
Max. sign area 25% of the total allowable sign area for the building.

The changeable sign copy must be an integral part of a permanent buildingmounted sign.

Changeable sign copy may only be non-illuminated or internally illuminated.

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11. Window Signs. Window signs must comply with the standards provided in Table 3.05.05-13 (Standards for Window Signs).

Table 3.05.05–13: Standards for Window Signs
Standards Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet Sign Area
Permanent window signs – max. 20% of the area of the window on which they are displayed.

The combined area of portable and permanent window signs must not exceed 40% of the area of the window on which they are displayed. Painted window signs or perforated vinyl signs are included in this calculation.

Excluded from the total allowed sign area for all building-mounted signs.

Sign Placement Must be mounted or displayed on the interior of the window.

Allowed on 1st, 2nd, and 3rd story windows only.

Illumination Non-illuminated, neon, or single- or two-color LED signs are allowed.

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D. Standards for Permanent Freestanding Signs
Standards for each allowed permanent freestanding sign type are provided in tables with a supporting illustration of each sign type. All permanent signs must comply with the standards for sign area, height, number, type, and other requirements provided in these tables and Table 3.05.05-2 (Dimensional Standards for Permanent Signs).

1. Directional Signs (Freestanding). Directional signs must comply with the standards provided in Table

3.05.05-14 (Standards for Directional Signs (Freestanding).

Table 3.05.05–14: Standards for Directional Signs (Freestanding) Standards Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet Sign Area Max. 2 sided allowed; 3 sf per sign face.

Excluded from the total allowed sign area for all freestanding signs.

Sign Height Max. 6 ft; except 4 ft at driveway or drive-through lanes.

Sign Placement Max. 10 ft setback from the property line.

Number of Signs Max. 1 per driveway entrance; 6 signs per site or development.

Excluded from the total number of allowed signs for all freestanding signs.

Illumination Non-illuminated, internal illumination, or external illumination.

Other Requirements
Freestanding directional signs must be located in a landscape area defined by a vertical curb to protect the sign.

Lack of landscaping associated with a legal non-conforming use is not cause for abatement.

Refer to the landscaping standards in Table 3.05.05-2.

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2. Directory Signs (Freestanding). Directory signs must comply with the standards provided in Table

3.05.05-15 (Standards for Directory Signs (Freestanding).

Table 3.05.05–15: Standards for Directory Signs (Freestanding) Standards Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet Sign Area Max. 12 sf; Max. 1 sf per tenant space.

Excluded from the total allowed sign area for all freestanding signs.

Height Max. 5 ft from nearest grade.

Sign Placement Max. 10 ft setback from the property line.

Number of Signs Max. 1 per building. Excluded from the total number of allowed signs for all freestanding signs.

Illumination Non-illuminated, internal illumination, or external illumination.

Other Requirements
Freestanding directory signs shall be located in a landscaping area defined by a vertical curb to protect the sign.

Lack of landscaping associated with a legal non-conforming use shall not be cause for abatement.

Refer to the landscaping standards in Table 3.05.05-2.

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3. Front Yard Signs. Front Yard signs must comply with the standards provided in Table 3.05.05-16 (Standards for front Yard Signs).

Table 3.05.05–16: Standards for Front Yard Signs
Standards Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet Sign Area Max. 4 sf per sign face; Max. dimension of longest side 2.5 ft. Excluded from the total area of allowed signs for all freestanding signs.

Height Max. 6 ft
Sign Placement Max. 10 ft setback from the property line.

Number of Signs Max. 1 per business.

Illumination Non-illuminated or external illumination.

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4. Monument Signs. Monument signs must comply with the standards provided in Table 3.05.05-17 (Standards for Monument Signs).

Table 3.05.05–17: Standards for Monument Signs
Standards Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet Sign Area As provided in Table 3.05.05-2.

Sign Height
As provided in Table 3.05.05-2.

Elements to enhance the design of a sign structure may extend above the sign to a max. of 20% of the sign’s allowed height, or 12 inches, whichever is greater.

Base Width/Height The monument sign’s base must be at least 60% of the width of the sign.

The monument sign’s base must be maximum 4 ft in height.

Sign Placement Max. 10 ft setback from the property line.

Illumination Non-illuminated, internal illumination, or external illumination.

Other
Requirements
Monument signs shall be located in a landscaping area defined by a vertical curb to protect the sign.

Lack of landscaping associated with a legal non-conforming use shall not be cause for abatement.

Refer to the landscaping standards in Table 3.05.05-2.

Special Provisions Requirements
Changeable Copy
and Electronic
Message Signs
Max. sign area 30% of the total allowable sign area.

The changeable sign or electronic message sign copy must be an integral part of a permanent monument sign.

Changeable sign copy may only be non-illuminated or internally illuminated.

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Standards Requirements
Monument Sign Standards for IL, IH, and RC Zones
Sign Area As provided in Table 3.05.05-2.

Sign Height
As provided in Table 3.05.05-2.

Elements to enhance the design of a sign structure may extend above the sign to a max. of 10% of the sign’s allowed height, or 2 ft, whichever is greater.

Base Width/Height The monument sign’s base must be the same width as the width of the sign.

The monument sign’s base must be minimum 4 ft in height.

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5. Post Signs. Post signs must comply with the standards provided in Table 3.05.05-18 (Standards for Post Signs).

Table 3.05.05–18: Standards for Post Signs
Standards Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet Sign Area As provided in Table 3.05.05-2.

Sign Height
Max. 6 ft.

Elements to enhance the design of a sign structure may extend above the sign to a max. of 20% of the sign’s allowed height, or 12 inches, whichever is greater.

Sign Placement Max. 10 ft setback from the property line.

Number of Signs Max. 1 per property frontage.

Illumination Non-illuminated, internal illumination, or external illumination.

Other Requirements
Post signs shall be located in a landscaping area defined by a vertical curb to protect the sign.

Lack of landscaping associated with a legal non-conforming use shall not be cause for abatement.

Refer to the landscaping standards in Table 3.05.05-2.

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3.05.06. Sign Design Standards
A. Applicability.

The standards established in this Section apply to all permanent signs. These standards complement the mandatory sign regulations established in Section 3.05.05 (Standards for Permanent Signs).

B. General Sign Design Standards.

These general sign design standards will be utilized during the review of any permit for a sign or master sign plan to ensure the highest level of design quality, while at the same time providing the flexibility necessary to encourage creativity on the part of the sign designer. However, unless there is a compelling reason, these design standards must be observed.

1. Use a Brief Message. Signs must be designed with a brief message because the fewer words used, the more effective the sign. A sign with a brief message is quicker and easier to read, looks cleaner, is more effective in conveying its message, and is more attractive.

2. Avoid Overly Intricate or Unusual Fonts. Simple, easy-to-read fonts must be utilized in signs to enhance their readability. Signs that include very intricate font styles are generally difficult to read and reduce a sign's ability to communicate effectively. Signs with unusual fonts may look good today, but soon go out of style, and the image conveyed may quickly become that of a dated and unfashionable business.

Fig ure 3.05.06–1. Examples of Signs with a Brief Message and Simple Font Style

3. Emphasize One Line of Text. Signs with more than one line of text must emphasize one line over the others to enhance the message conveyed.

4. Limit the Number of Fonts. The number of fonts used in a sign must be limited because the use of more than two font styles makes the sign harder to read. The primary purpose of a sign is to quickly convey information to motorists and pedestrians.

5. Sign Colors and Materials. Sign colors and materials must contribute to sign legibility and design integrity. Signs with poor color selection are generally unattractive and unsuccessful at communicating the message. Too many different colors compete with the sign’s content for a viewer’s attention and makes the sign less effective. Sign materials must be durable and weather resistant.

6. Provide Contrast Between Background and Letters/Symbols. Signs must be designed with high contrast between the sign's letter/symbol color and its background color to be most effective. Signs with little contrast in the hue (shade or tint) and/or intensity (brightness) between the background and letter/ symbol colors are difficult to read.

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Fig ure 3.05.06–2. Examples of Signs with a Simple Color Palette, Limited Fonts, and Good Contrast

7. Graphic Relief. Signs must utilize individual lettered business and logo design, or where appropriate, sign copy, logo, and/or decorative embellishments in relief on the face of the sign to enhance readability and project a positive image of the business or use. Signs must be designed to provide three-dimensional relief, i.e., be raised above, or set below the sign background.

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Fig ure 3.05.06–3. Examples of Raised Letters

8. Sign Placement. Signs must be placed at or near the entrance of a site or building to show the most direct access to the business.

Fig ure 3.05.06–4. Example of Well-placed Sign Emphasizing a Building Entrance

9. Proportion, Scale and Rhythm of Sign Placement. Signs must be placed consistent with the proportions and scale of building elements within a building's facade:
a. A large sign may fit well on a large, plain wall area, but could overpower the finer scale and proportion of if placed above a small storefront.
b. Signs must establish rhythm, scale, and proportion on a facade where these elements are weak in the building design. On buildings with plain facade, signs must establish or continue appropriate design rhythm, proportion, and scale.
c. The proportion of letter area to sign background area must be carefully considered. Letters must not appear to occupy more than 70 percent of the sign's background area. Signs where the letters take up too much of the background area are harder to read. Generally, large letters are not necessarily more legible than smaller ones.

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Fig ure 3.05.06–5. Examples of Signs with Good Proportion, Scale, and Rhythm

10. Complementary Sign Design. Where there is more than one sign for a business (e.g., single tenant buildings) or group of businesses (e.g., multiple tenant buildings, commercial centers, or business or industrial parks), all signs must be designed to ensure consistency of sign design and be complementary to one another in the following ways:
a. Type of construction materials used in the sign body, sign copy, sign base, supports, etc.); b. Letter size and style of copy;
c. Method and design of sign support (wall mounting or monument base); d. Configuration of sign area; and
e. Proportion of sign copy area to background.

11. Artistry and Innovation. The use of artistry and innovation in sign design will make the sign stand out and draw attention to the use or activity it is advertising. It can also improve the overall appearance of a building or neighborhood.

12. Sign Scale. Signs must be designed and placed relative to who the intended viewer will be. Signs intended to be read by pedestrians (i.e., usually read from a distance of 15 to 20 feet) must be smaller in scale than a vehicle-oriented sign which is designed to be viewed from a much greater distance. In general, the closer the sign's viewing distance, the smaller the sign needs to be.

13. Freestanding Signs. Freestanding signs must incorporate the materials and architectural features used in the building(s) they serve. Freestanding signs are most effective when placed perpendicular to approaching vehicular traffic.

Fig ure 3.05.06–6. Example of a Freestanding Sign Incorporating the Architectural Details of the Main Building

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C. Sign Design Performance Standards.

1. Sign Design Elements. Increases in the allowable area and/or height of certain types of signs may be approved to encourage permanent signs with design features that are preferred by the City and the community at large. The design features detailed below apply to both freestanding and building mounted signs subject to the limitations in Subsection 2 (Cumulative Adjustment) below. a. Raised Letter Signs. This standard encourages the use of individual lettered business and logo design, or where appropriate, signs containing copy, logo and/or decorative embellishments in relief on the face of the sign. Such improved sign design enhances the readability of sign copy and projects a positive image of the business or use. A sign area and/or height increase as established in Table

3.05.06-1 (Percentage Increases for Design Features Used) may be approved for sign designs that display either:
i. Pan channel letters without raceways, or internal/indirect illuminated halo channel letters on an unlit or otherwise indistinguishable background on a freestanding sign or building wall; or ii. Where appropriate, carved signs with a three-dimensional textured surface that is integral to its design, such as extensively carved, routed, and/or sandblasted signs containing the business name and/or logo.

Fig ure 3.05.06–7. Examples of Pan Channel Letter and Raised Letter Signs b. Simplified Letter and/or Logo Copy. The purpose of this standard is to encourage easily recognizable business identification while simplifying the appearance of the city streetscape. A sign area and/or height increase as established in Table 3.05.06-1 (Percentage Increases for Design Features Used) may be approved for the sign standard.

Fig ure 3.05.06–8. Example of A Sign with a Simplified Logo

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c. Sign Structure Materials. This standard encourages the use of native or natural materials in the construction of sign structures, resulting in improved and innovative sign design and an improved image of the business or development to which it refers. A sign area and/or height increase as established in Table 3.05.06-1 (Percentage Increases for Design Features Used) may be approved for the sign designs in which a minimum of 75 percent of the sign structure and face are constructed of native or natural materials, including rock native to the area, flagstone, river rock, hardwoods or softwoods, durable wood substitute materials, used brick, and/or unpainted or unfinished nonreflective metals. A sign area or height increase as provided in Table 3.05.06-1 (Percentage Increases for Design Features Used) does not apply if the sign structure includes a cabinet sign or electronic message sign.
d. Sign Structure Which Blends with the Development Site. This standard encourages the incorporation of a sign and sign structure into a major element of a building facade or significant landscape feature, resulting in the creation of a unique image for the development or premises on which it is located.

A sign area and/or height increase as established in Table 3.05.06-1 (Percentage Increases for Design Features Used) may be approved for the sign designs that integrate major architectural elements or details of the development site into the building facade for a building mounted sign, or the support structure for a freestanding sign.
e. Freestanding Signs of Reduced Height. This standard encourages the reduction of overall height for freestanding signs as established in the standards for permanent freestanding signs in Section 3.05.05 (Standards for Permanent Signs), while maintaining sign and site compatibility and improving the image of the business or development. See Table 3.05.06-1 (Percentage Increases for Design Features Used) for percentage increases allowed.

Table 3.05.06–1: Percentage Increases for Design Features Used Design Feature Freestanding Sign Building-Mounted Sign
Area Increase Height Increase Area Increase Height Increase Single-Tenant Use
Raised Letter without raceways 15% 10% 10% 5%
Simplified Letter and/or Logo Copy 15% 10% 10%1 5%
Sign Structure Materials 15% 10% 5%
Sign Structure which Blends with
Development Site 15% 10% 5%
Freestanding Signs of Reduced
Height
15% area increase for each 1 foot in
height reduction N/A
Multi-Tenant Use
Raised Letter without raceways 15% 10% 10% 5%
Simplified Letter and/or Logo Copy2 15% 20% N/A
Sign Structure Materials 15% 15% 10% 5%
Sign Structure which Blends with
Development Site 15% 15% 10% 5%
Freestanding Signs of Reduced
Height N/A
End Notes:

1. Also applies to individual occupancy within a multi-tenant building, development, or shopping center.

2. Applies to multi-tenant building, development, or shopping center.

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2. Cumulative Adjustments. Where more than one feature listed in Subsection 1 is proposed, the adjustment allowed for each individual feature is cumulative. Such sign area and/or height adjustment is measured and based upon the permitted sign area and height for the applicable site as determined in Section 3.05.05 (Standards for Permanent Signs). Cumulative adjustments for sign area and sign height for freestanding and building mounted signs are provided in Table 3.05.06-2 (Cumulative Adjustments).

Table 3.05.06–2: Cumulative Adjustments
Number of Features Used Freestanding Sign Building-Mounted Sign Area Height Area Height
2 30% 20-30%1 20% 10%
3 40% 35-40% 30% 20%
Cumulative Maximum Sign
Area Increase Allowed 45% 45% 45% 30%
End Note:

1. This percentage varies depending on which design features listed in Table 3.05.06-1 are utilized.

3.05.07. Standards for Portable and Temporary Signs
A. Purpose.

The Council finds that the proliferation of portable and temporary signs is a distraction to the traveling public and creates aesthetic blight and litter that threatens the public’s health, safety, and welfare. In addition to the purpose provisions of Section 3.05.01 (General Provisions), these regulations ensure that portable and temporary signs do not create a distraction to the traveling public by eliminating the aesthetic blight and litter caused by these signs.

B. General to All.

Portable and temporary signs are allowed only in compliance with the provisions of this Section.

1. Permits.
a. Portable Signs. No permits are required to place or display portable signs. b. Temporary Signs. A Temporary Sign Permit is required for all temporary signs (i.e., banner signs and yard sign type II and type III signs) as described in Section 6.04.01.C (Sign Permits – Temporary Signs).

2. Not Included in Permanent Sign Allowances. Portable and temporary signs are not counted toward the maximum total sign area established in Section 3.05.05 (Standards for Permanent Signs).

3. General Time, Place, and Manner Restrictions.
a. Time Restrictions.
i. Portable signs. Refer to Table 3.05.07-1 (Standards for Portable Signs) for the time restrictions for portable signs.
ii. Temporary signs. Refer to Table 3.05.07-3 (Standards for Temporary Signs) for the time restrictions for temporary signs.
b. Location Restrictions. Unless specifically exempted by this Section, portable and temporary signs must be placed in compliance with Subsection 3.05.03.A (Location Restrictions). c. Prohibited Elements. Any form of illumination is prohibited on portable and temporary signs, including flashing, blinking, or rotating lights; animation; reflective materials; and attachments including balloons, ribbons, loudspeakers, etc. are prohibited. d. Design and Construction. Portable and temporary signs must be of sufficient weight and durability to withstand wind gusts, storms, etc. and must be professionally crafted. e. Removal. All portable and temporary signs must be removed within 14 calendar days after the conclusion of the purpose served by the sign.

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A. Additional Standards for Portable Signs.

1. Portable signs are allowed in compliance with the provisions in Table 3.05.07-1 (Standards for Portable Signs).

Table 3.05.07–1: Standards for Portable Signs
Standards Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet Residential Only Zones or Residential Only Portion of Mixed-Use Zones Total Area of all Portable Signs at Any One
Time Max. 6 sf per lot or parcel
Number of Signs Unlimited except that the total sign area must not exceed 6 sf.

Time Limitations
No limitation on the length of time they may be displayed. 2 additional yard sign type I signs may be displayed for any consecutive 120-day period one time within the calendar year.

All Other Zones
Total Area of All Portable Signs at Any One
Time
Max. 9 sf per business.

Excludes the area of window signs.

Number of Signs
Unlimited except that the total sign area of all temporary signs (excludes the area of window signs) must not exceed 9 sf per business.

Time Limitations
No limitation on the length of time they may be displayed. 2 additional yard sign type I signs per business may be displayed for any consecutive 120-day period one time within the calendar year.

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2. Standards for Specific Portable Sign Types. Portable signs must comply with the standards provided in Table 3.05.07-2 (Standards for Specific Portable Sign Types).

Table 3.05.07–2: Standards for Specific Portable Sign Types Temporary Sign Type Standards Other Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet Temporary Sign Type 1 Height
(Max.)
Width
(Max.)
Area
(Max.) Other Requirements
A-Frame or Upright Sign
4 ft 2 ft 6 sf
Prohibited in residential
zones.

If advertising a business,
only permitted during
regular business hours.

Window Sign
― ―
See
End
Note 2
Max. Height:

Placed no higher than
first story windows.

Inside mounting
required.

Not included in the total
sign area for all portable
signs.

Yard Sign Type I
4 ft 2 ft 3 sf
Installation Requirement:

Installed securely in the
ground.

End Notes:

1. Other non-permanent sign types may be allowed (e.g., fuel pump topper signs, wraps around waste receptacles, or balloon bobbers (max. height of tether or support is 3 ft) provided the aggregate sign area of these signs is max 20 sf.

2. The area of temporary and permanent window signs combined (including signs constructed of perforated vinyl or painted on the window) must not exceed 40% of the area of the window on or within which they are displayed.

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B. Sign Walkers.

To promote pedestrian and traffic safety, sign walkers are subject to the following time, place, and manner restrictions:

1. A sign permit is not required for a sign walker;

2. Sign walkers are only allowed in the commercial and industrial zones and commercial planned development zones;

3. Sign walkers are permitted to stand on a sidewalk provided pedestrian movement is unimpeded in conformance with applicable provisions of the Americans with Disabilities Act (ADA);

4. Sign walkers are prohibited from standing in the median of streets, in travel lanes, landscaped areas, curb ramps at crosswalks, and unimproved rights-of-way areas. Sign walkers may not interfere with traffic or block pedestrians or bicyclists;

5. A business is only allowed to use a sign walker for up to 10 consecutive days in any 30-day period and there must be at least a 20-day period before the commencing of another 10-day period;

6. Sign walkers are permitted only from 8:00 am to 8:00 pm;

7. Sign walker signs must not exceed 10 square feet in the area;

8. Sign walker signs that include any of the following are prohibited:
a. Audio devices to attract attention;
b. Any form of illumination, including flashing, blinking, or rotating lights; and c. Animation on the sign itself.

9. Spinning, waving, throwing the sign in the air, or any other similar erratic movements intended to attract attention is prohibited; and

10. No shade structure, chair, or other sitting device is permitted for a sign walker.

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C. Additional Standards for Temporary Signs.

1. Temporary signs are allowed in compliance with the provisions in Table 3.05.07-3 (Standards for Temporary Signs).

Table 3.05.07–3: Standards for Temporary Signs
Standards Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet Residential Zones or Residential Only Portion of Mixed-Use Zones Number of Signs
Yard sign type II and type III:

Max. 1 sign per street frontage.

Banner sign:

Prohibited, except as provided below.

Time Limitations
Yard sign type II and type III:

No limitation on the length of time they may be displayed.

Banner sign:
1 banner sign max. 8 sf in area may be displayed for any consecutive 120-day period one time within the calendar year.

All Other Zones
Number of Signs
Yard sign type II and type III:

Max. 1 sign per street frontage.

Banner sign:

Max. 1 banner per business.

Time Limitations
Yard sign type II and type III:

No limitation on the length of time they may be displayed.

Banner sign:
1 additional banner sign (or up to 4 banners, max. 8 sf each) per lot or parcel may be displayed for any consecutive 120-day period one time within the calendar year.

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2. Standards for Specific Temporary Sign Types. Temporary signs must comply with the standards provided in Table 3.05.07-4 (Standards for Specific Temporary Sign Types).

Table 3.05.07–4: Standards for Specific Temporary Sign Types Temporary Sign Type Standards Other Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet Temporary Sign Type 1 Height
(Max.)
Width
(Max.)
Area
(Max.)
Other
Requirements
Banner Sign
25 ft to
top of
banner.
― 32 sf
Prohibited in singlefamily residential
zones except as
allowed in Table

3.05.07-3.

Must be mounted
on a building wall or
between columns,
posts, or stakes
anchored securely
into the ground.

Yard Sign Type II
6 ft 2 ft 4 sf
Installation
Requirement:

Installed securely in
the ground.

Yard Sign Type III
7 ft 6 ft 24 sf
Prohibited in singlefamily residential
zones.

Installation
Requirement:

Installed securely in
the ground.

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3. Temporary model home complex/active residential subdivision signs. Temporary model home complex/active residential subdivision signs are allowed as a condition of the subdivision approval in all residential zones and for residential developments in the mixed-use zones. These signs must comply with the standards provided in Table 3.05.07-5 (Standards for Temporary Model Home Complex/Active Residential Subdivision Signs in All Residential Zones).

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

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

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

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3.05.08. Nonconforming Signs
A. Purpose.

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

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

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

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

B. Applicability.

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

C. Signs Rendered Nonconforming.

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

D. Modification and Maintenance.

1. No nonconforming sign shall be altered in any manner, reconstructed, or moved without being made to comply in all respects with the provisions of this Chapter. Nothing in this Section shall prohibit the normal upkeep or repair of any sign, nor the painting or repainting of the face of the sign, during its lawful existence.

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

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

E. Signs Previously Approved.

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

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F. Removal or Replacement of a Nonconforming Sign.

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

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

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

G. Incentive for Replacement of a Nonconforming Freestanding Sign.

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

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

H. Abatement.

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

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

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

I. Maintenance.

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

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

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J. Amortization of Nonconforming Signs and Inventory.

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

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

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

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

3.05.09. Sign Permits and Procedures
A. Purpose.

1. Review Authority.
a. It is the duty of the Department to enforce all permitting and entitlement provisions of this Chapter.

The Director has the authority under this chapter to designate a representative of the Department to implement the provisions herein.
b. All department officials and public employees of the City vested with the duty or authority to issue permits shall conform to the provisions of this chapter and shall issue no permit, certificate, or license for uses in conflict with the provisions of this chapter. It shall be the duty of the Director and the Fire Department to enforce the provisions of this Chapter.

2. Applications and Fees.
a. Application for a Sign Permit shall be made upon a form provided by the City and shall contain such information as may be required to assure compliance with this chapter of the code. If the applicant does not agree with the decision made, an appeal process is available under Special Review to the Planning Commission.
b. The application fee for Sign Permits shall be fixed from time to time by City resolution. The fee shall be doubled when the installation of a sign is commenced before obtaining a Sign Permit.

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

B. Sign Permits – Permanent Signs.

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

2. Sign Permit Requirement.
a. Where a Sign Permit is required by this Chapter, it shall be unlawful for any person to erect, place, display, alter, repair, or relocate a permanent sign structure without first obtaining approval for a Permanent Sign Permit from the Director.
b. A sign permit is not required for the following;
i. Exempt signs per Subsection 3.05.01.D (Exemptions);
ii. Changes to the face or copy of changeable signs;
iii. Changes to the face or copy of an existing single-tenant or multi-tenant freestanding or building mounted sign from one business to another with no structural or lighting modifications to the sign; and
iv. The normal repair and maintenance of conforming or legal nonconforming signs, except as provided in Section 3.05.04.E (Sign Maintenance).

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3. Review and Approval.
a. Review and Determination. The Director shall review the Sign Permit application and supporting documentation for compliance with the standards of Chapter 3.05 (Sign Regulations). The Director shall determine whether the Sign Permit may be issued or if additional information is required from the applicant to complete the permit application in compliance with the Review Schedule on file with the Department. If the Sign Permit application is denied, the reason shall be stated in writing. b. Method of Review. After receipt of a sign application, the Director shall render a decision to approve, approve with modifications, or deny the sign request within seven working days. Such review will ensure that any sign proposal is in conformance with this chapter and is consistent with the City's objectives or as stated in a design agreement. The Director may grant slight deviations from the designated sign area or location or distance between signs, not to exceed 10 percent, when he or she determines no other reasonable method of signing is functional. c. Substitution. Any time after a Sign Permit is issued, a new owner, tenant, or lessee of record may be substituted for the original applicant if a record of the new interest is made with the City and the new interest assumes all obligations they would have had consistent with the original permit. d. Expiration. A Sign Permit shall expire and become null and void if the work authorized in compliance with the permit is not commenced within 180 days from the date of issuance of such permit, or if work is suspended or abandoned for a period 90 days or more at any time after the work has commenced. If a Sign Permit has not been obtained within 180 days after the approval of permit plans and issuance of the permit, the Director shall consider the application withdrawn. e. Inspections.
i. All signs for which a Sign Permit is required are subject to inspection to establish compliance with the provisions of Chapter 3.05 (Sign Regulations), as well as the following additional inspections, unless waived in writing by the Building Official:
ii. Footing inspections on all freestanding signs, including the addition of additional sign area to existing signs;
iii. Electrical inspections for all sign structure(s) prior to placement; and, iv. Final inspection to establish compliance with provisions of this Code and other applicable City codes.
f. Violations.
i. Any work commenced without a Sign Permit, or any work beyond the authorized scope of a Sign Permit constitutes a violation of this Chapter and is grounds for the Director to issue a correction notice and/or to stop all work on the sign until appropriate permits are obtained. ii. Permits issued for work commenced without a Sign Permit, or any work beyond the authorized scope of a Sign Permit, shall be assessed double the required permit fees for the sign(s) otherwise as established in the City’s Fee Schedule. Payment of a double permit fee shall not exempt any person from compliance with all other provisions of Chapter 3.05 (Sign Regulations), nor from any penalty prescribed by law.

C. Sign Permits – Temporary Signs.

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

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

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

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

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b. Determination. The Director shall determine whether the Temporary Sign Permit may be issued or if additional information is required from the applicant to complete the permit application in compliance with the Review Schedule on file with the Department. If the Temporary Sign Permit application is denied, the reason shall be stated in writing. c. Authorization. Issuance of a Temporary Sign Permit authorizes the holder to install a temporary sign(s) in compliance with the terms of the permit. At any time after a Temporary Sign Permit is issued, a new owner, tenant, or lessee of record may be substituted for the original applicant if a record of the new interest is made with the City and the new interest assumes all obligations he or she would have had in compliance with the original permit. The change of interest shall not imply that any fees paid for the permit will be returned to either the interest which has been replaced or the substitute.

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

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

D. Sign Permits – Master Sign Plans

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

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

3. Review.
a. Applications for a Master Sign Plan, including a Master Sign Plan that utilizes the sign design performance standards provided in Section 3.05.06 (Sign Design Standards), shall be reviewed by the Director.
b. At a minimum, all Master Sign Plans shall include the type, number, size, location/placement, and general design parameters of all permanent building mounted and freestanding signs. Modifications to any uniform sign program shall be made in the same manner as the original approval. All Master Sign Plan submittals shall be reviewed for compliance with the requirements of this Section, and the Director shall either approve, conditionally approve, or deny the proposed Master Sign Plan. Following approval by the Director, a copy of the approved Master Sign Plan will be made available to the

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applicant. Individual signs for multi-tenant developments included within the approved Master Sign Plan are subject to the issuance of separate Sign Permits in compliance with this Chapter. c. The Planning Commission shall review all Master Sign Plans that request an increase in allowable sign height and area beyond the limits established in Section 3.05.06 (Sign Design Standards) for freestanding and building mounted signs for multi-tenant buildings and shopping centers.

4. Supplemental Provisions.
a. Modifications to an approved Master Sign Plan shall be reviewed by the Director. b. No sign identified in this Section may be placed upon real property without the consent of the real property owner(s), who shall either sign and submit the application for a Master Sign Plan or designate in writing an authorized representative.
c. A Master Sign Plan may be implemented in phases.

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

6. Individual Signs Authorized by an Approved Master Sign Plan. Sign Permits, which must be obtained in compliance with Subsection 3.05.09.B (Sign Permits - Permanent Signs), are required for individual signs authorized by an approved Master Sign Plan, provided:
a. The signs comply with all applicable conditions of the approved Master Sign Plan; b. Sign Permit applications are submitted within a time period specified as part of the conditions of the content or review of the Master Sign Plan, where applicable; and c. Sign Permit applications are submitted prior to any subsequent amendment to this Chapter which is more restrictive than provisions existing when the Master Sign Plan was approved.

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3.05.10. Sign Enforcement
A. Authority.

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

B. Abatement.

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

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

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

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

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

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3.06. ART IN PUBLIC PLACES
A. Purpose
The City Council finds and declares:

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

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

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

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

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

C. Art in Public Places Fund

1. There is hereby created a fund to be known as the “Art Fund” to account for fees paid pursuant to Subsection D (Program Allocation). This fund shall be maintained by the City Finance Director and shall be used:
a. For the design acquisition, commission, installation, improvement, maintenance and insurance of an artwork, including the development of a design concept and the preparation of construction drawings, which are separate and apart from the cost of the fabrication and installation of the artwork;
b. For the acquisition and improvement of real property for the purpose of displaying artwork, which has been or may be subsequently approved by the City;
c. During a fiscal year, for maintenance of artwork purchased pursuant to Subsection 1.a above; d. For costs associated with administering the Art in Public Places Program.

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

D. Program Allocation

1. The Program Allocation is the percentage of the construction costs set aside for the Art in Public Places Program. All residential construction of more than one unit, rehabilitation or expansion with a building permit valuation of $100,000 or more will be assessed an amount equal to ¼ percent for that portion of the permit valuation in excess of $100,000.
a. All other residential development, including two or more single-family dwellings being built concurrently in the same tract by the same owner or contractor, will be assessed an amount equal to ¼ percent of the total building valuation, excluding land acquisition and off-street improvement costs. b. All public, non-residential development will be assessed an amount equal to ½ percent of the total building valuation, excluding land acquisition and off-site improvement costs. c. The total building valuation shall consist of the dollar amount of all construction permits using the latest building valuation data, as set forth by the International Code Council, unless, in the opinion of the Director, a different valuation methodology is more appropriate for a particular project.

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

3. Nothing in this section shall prohibit the applicant from placing an approved artwork with acquisition and installation costs in an amount less than the program allocation, provided that the applicant shall also pay to the Art Fund an amount equal to the difference between the program allocation and the costs of acquisition and installation of such artwork.

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

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INDIO
ART ICLE 4

REGULATIONS FOR

SPECIFIC USES

UNIFIED DEVELOPMENT CODE

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4.01. PUR POSE + AUT HORITY

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

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

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

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

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

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

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

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

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

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4.02. ACC ESSORY DWELLING UNITS

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

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

4.02.02. General Requirements
ADUs shall comply with all provisions of the base, overlay, or specific plan zone, except as modified by this Chapter.

A. Primary Dwelling Unit Required.

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

B. Required Facilities.

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

C. Access.

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

D. Utilities and Impact Fees.

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

2. No JADU or ADU shall be permitted if it is determined that there is not adequate water or sewer service to the property.

3. No impact fees shall be imposed on a JADU or ADU that is less than 750 square feet in size. For purposes of this Chapter, "impact fees" shall not include utility connection fees or capacity charges.

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

E. Building and Fire Code Compliance.

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

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F. CEQA Exemption.

ADUs and JADUs are exempt from CEQA.

G. Historic Preservation.

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

H. Short-Term Rentals.

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

I. Application – Owner Certification.

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

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

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

A. Number of Units.

1. Single-Family Dwelling.

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

2. Duplex and Multi-Family Dwellings.

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

B. Residential Density.

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

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C. Location.

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

D. Height.

1. Attached Accessory Dwelling Unit.
a. ADUs attached to an existing or proposed primary dwelling that comply with the setback requirements for the primary dwelling as set by the underlying zone shall be subject to the maximum height requirements of the underlying zoning district.
b. Attached ADUs that encroach within the setback requirements for the primary dwelling set by the underlying zone but comply with the setback requirements herein shall not exceed 18 feet.

2. Detached Accessory Dwelling Unit.
a. ADUs detached from an existing or proposed primary dwelling shall be subject to a maximum height of 18 feet.
b. No more than 400 square feet of the ADU shall be constructed above the first floor. The remaining allowable square footage shall be constructed on the first floor.

E. Size Limitations.

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

1. Attached ADUs.

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

2. Detached ADUs.

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

F. Lot Coverage.

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

G. Setbacks.

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

1. New ADU.

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

4.01.07. 2. Conversion of Existing Accessory Structure.

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

3. Conversion and Expansion of Converted Structures.

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

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4. Second Story Accessory Unit.

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

5. Building Separation.

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

6. Safety Codes and Easements.

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

4.02.04.Parking
A. Conversion of Parking.

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

B. Removal of Off-Street Parking.

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

C. Required Parking.

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

D. Parking Configuration.

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

4.02.05. Junior Accessory Dwelling Units
If a JADU is proposed, it shall comply with the requirements of California Government Code Section 65852.22, as may be amended from time to time, including but not limited to the following:

A. Shall not exceed 500 square feet in size.

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

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

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

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

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

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

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

I. Only one JADU shall be allowed per lot.

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

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

4.02.06. Design Standards
A. Design and Materials.

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

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

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

1. Any window or door of an ADU that faces adjacent residences and is less than 10 feet from the property line shall utilize one or more of the following techniques to lessen the privacy impacts onto those properties:
a. Use of opaque windows;
b. Placement of windows above eye-level (five feet or above) if architecturally compatible; and/or c. Provision of vegetative or other screening treatment installed and effective prior to occupancy.

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

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

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

A. Single-Family Conversion.

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

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B. Single-Family Detached.

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

C. Multi-family – Conversion.

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

D. Multi-family Detached.

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

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

A. Application.

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

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

B. Compliance Determination.

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

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

C. Approval.

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

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

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

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

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4.03. ADULT-OR IENT ED BUSINESSES

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

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

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

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

1. Any religious institutions;

2. Schools;

3. Park and recreation facilities;

4. Community centers;

5. Libraries;

6. Youth organizations; and

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

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

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

2. Any zone other than the IL and IH zones.

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

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

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

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

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

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

4. No loudspeakers or sound equipment shall be used by an adult-oriented business for the amplification of sounds to a level discernible by the public beyond the walls of the building in which such use is conducted or which violates any existing noise restrictions or standards adopted by the City. The premises within which the adult-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.

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

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

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

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

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

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

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

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

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

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

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

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

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17. The following additional requirements shall pertain to adult arcades which provide one or more viewing area(s):
a. One or more manager’s stations (not to exceed 32 square feet of floor area with no dimension greater than eight feet) shall be provided.
b. It shall be the duty of the owner(s) to ensure that at least one employee is on duty and situated at each manager’s station at all times that any patron is present inside the adult arcade. c. The interior of the adult arcade shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the adult arcade to which any patron is permitted access, excluding restrooms. If the adult arcade has two or more manager’s stations designated, then the interior of the adult arcade shall be configured in such a manner that there is an unobstructed view of each area of the adult arcade to which any patron is permitted access, excluding restrooms, from at least one of the manager’s stations. The view required in this subsection must be by direct line of sign from the manager’s station.
d. It shall be the duty of the owner(s) and also the duty of all employees present in the adult arcade to ensure that the individual viewing areas remain unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the adult arcade which has been designated as an area in which patrons will not be permitted in the application filed pursuant to this Section. e. No individual viewing area may be occupied by more than one person at a time. Individual viewing areas of the adult arcade shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas.
f. No individual viewing area shall contain booths, stalls, or partitioned portions of such individual viewing area used for viewing of adult material or other forms of entertainment, having doors, curtains or portal partitions, unless such individual viewing areas containing booths, stalls or partitioned portions have at least one side open to the manager’s station and is visible to such manager’s station. Any booth, stall, or partitioned portion of an individual viewing area authorized under this subparagraph shall be constructed so as to allow 12 inches of open space between the bottom of the stall or partition and the floor. Such open space shall remain unobstructed at all times. g. The adult arcade shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access, but such lighting shall not be of an intensity as to prevent the viewing of the adult material.

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4.04. ANIMAL KEEPING

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

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

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

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

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

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

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

Table 4.04.02–1: NU MBER OF ANIMALS PERMITT ED BY LOT AREA Type of Animal Maximum Number of Animals Permitted per Lot Size 8,000 sq. ft. –
12,999 sq. ft.
13,000 sq. ft. –
19,999 sq. ft.
20,000 sq. ft. –
43,559 sq. ft.
43,560 sq. ft. –
87,119 sq. ft. > 87,120 sq. ft.
“ft” = Feet and “sf” = Square Feet
Equine and Large Livestock
Cattle, Swine, Llamas,
Alpacas, Goats, Sheep,
and Other Livestock
Not Prohibited By This
Chapter
0 0 21 41 Max. 5
Horses, Mules, and
Donkeys 0 0 2 4 Max. 4 per acre
Small Livestock and Poultry
Goats (miniature, pygmy,
dwarf) 2 2 4 8 Max. 10
Poultry and Rabbits 5 10 15 20 Max. 25
End Note:

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

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1. Offspring.

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

2. Standards for Large Livestock.
a. Shelters for large livestock must be located:
i. No less than 75 feet from any dwelling unit.
ii. No less than 50 feet from any property line.
b. At least 10,000 square feet of pasture must be made available for each large livestock animal.

3. Additional Standards for Horse Corrals are as follows:
a. Horse corrals shall be a minimum of 300 square feet for the first horse and an additional 200 square feet for each additional horse.
b. Horse corral fences shall be at least five feet in height and constructed securely to confine the horses. c. The corral and stable areas shall be sprinkled or otherwise treated so as to prevent dust, and all accumulation of manure, mud, or refuse shall be eliminated so as to prevent the breeding of flies. d. Stables shall be provided consisting of structures with weatherproof roofs with an area of 60 square feet for the first horse and an additional 36 square feet for each additional horse. e. Enclosed box stalls shall be a minimum of 12’ x 12’ per horse.

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

5. Maintenance.

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

6. Feeding.

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

7. Water.

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

8. Shelters.

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

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9. Water Runoff.

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

10. Noise.

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

11. Incineration.

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

12. Manure Storage and Removal.
a. Removal of manure must occur no less than once a month or as necessary to ensure the health, safety and welfare of residents and visitors to the area. b. Manure shall be stored within enclosures built expressly for this purpose. Manure storage containers shall be setback a minimum of 50 feet from any perimeter property line. c. Any condition that results in odors, unsightly areas, or infestation shall be deemed a public nuisance and/or health hazard and shall be abated within seven days of proper notice.

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

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

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

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

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

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

3. A flyway barrier shall be established and maintained so that all bees are forced to fly at an elevation of at least six feet above ground level in the vicinity of the beehive. Any fence, wall, or natural barrier proposed as a flyway barrier shall comply with the provisions of Section 3.01.10 (Fences, Walls and Screening), as well as the following:
a. Be a minimum of six feet tall;
b. Be solid such that bees cannot fly through it;
c. Be placed parallel to the property line; and
d. Extend a minimum of five feet beyond the beehive(s) in each direction.

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

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

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4.04.04.Backyard Breeding
A. Purpose.

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

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

B. Prohibition.

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

C. Backyard Breeding Standards.

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

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

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

3. No offspring may be sold, adopted, bartered, or otherwise transferred until it has reached the age of at least eight weeks.

4. No offspring may be sold or adopted until properly immunized against common disease. The sale or adoption of a dog or cat shall include a statement signed by the seller attesting to the signatory's knowledge of the animal's health and the animal's immunization history.

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

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

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

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

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

D. Violation and Enforcement.

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

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4.05. AUTO MOT IVE SERVICE AND

REPAIR/FUELING STATIONS

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

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

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

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

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

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

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

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

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

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

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

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4.06. BAIL BOND S

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

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

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

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

1. Schools;

2. Parks and recreation facilities;

3. Community centers;

4. Libraries;

5. Youth organizations; and

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

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

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

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

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4.07. CANNABIS ACT IVITY

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

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

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

A. All Mixed-Use zones (as specified in Article 2 (Zone Regulations)); B. The Regional Commercial zone (as specified in Article 2 (Zone Regulations)); and C. On properties regulated by a Specific Plan or Project Master Plan that permit commercial land uses except for properties zoned or designated as Neighborhood Commercial within the applicable Specific Plan or Project Master Plan.

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

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

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

4.07.05. Permit Required
In order to operate in the areas set forth in Section 4.07.04, a Cannabis Storefront Retailer and a Cannabis NonStorefront Retailer must obtain and maintain at all times the following permits and licenses:

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

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4.07.06. Personal Cannabis Cultivation
Notwithstanding Sections 4.07.01 through 4.07.05, engaging in the indoor personal cultivation of six or fewer live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is a fully enclosed and secure structure, to the extent such cultivation is authorized by California Health and Safety Code, Sections 11362.1 and 11362.2, as the same may be amended from time to time, is hereby permitted. The outdoor cultivation, however, of six or fewer live cannabis plants upon the grounds of a private residence is prohibited.

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4.08. CHECK CASHING BUSINESSES

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

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

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

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

1. Schools;

2. Parks and recreation facilities;

3. Community centers;

4. Libraries;

5. Youth organizations; and

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

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

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

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

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4.09. CHILD DAY CARE IN A HOME
(SMALL AND LARGE) AND

DAY CARE CENT ERS

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

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

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

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

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

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

3. Day care centers shall serve seven or more persons.

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

1. License.

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

2. Pick-up and Drop-off Plan.

A plan and schedule for the pick-up and drop-off of children or clients shall be provided for approval by the Director. The plan shall demonstrate that adequate parking and loading are provided to minimize congestion and conflict points on travel aisles and public streets. The plan shall include an agreement that includes, at a minimum:
a. A scheduled time for pick-up and drop-off with allowances for emergencies; and b. Prohibitions of double-parking, blocking driveways of neighboring properties, or using driveways of neighboring properties to turn around.

3. Screening.

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

4. Hours of Operation.

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

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

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4.10. CON VENIENC E MARKETS

RESERVED

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4.11. COTT AGE FOOD OPERATIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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4.12. COTT AGE INDU STR Y

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

4.12.02. Standards
Cottage industries shall conform to the following requirements:

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

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

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

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

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

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

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

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

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

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

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

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

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4.13. DRIVE-THROU GH USES

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

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

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

4.13.04. Standards
A. Drive-Through Aisle Design.

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

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

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

B. Drive-Through Stacking Area.

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

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

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

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

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

C. Screening.

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

D. Parking.

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

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E. Additional Design Guidelines.

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

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

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

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

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

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

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4.14. EMERGENCY SHELTERS

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

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

A. Location.

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

B. Number of Residents.

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

C. Length of Occupancy.

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

D. Common Area.

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

E. Parking Reduction.

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

F. Outdoor Activities.

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

G. Designated Smoking Area.

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

H. Noise.

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

I. Supervision.

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

J. Management and Security Plan.

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

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4.15. HOME OCCUPATIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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4.16. LIVE/WOR K

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

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

A. Permitted Work Activity.

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

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

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

B. No Separate Sale or Rental of Portions of Unit.

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

C. Occupancy and Employees.

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

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

D. Design Standards.

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

2. Commercial Activity.
a. Ground-Floor Height. The ground floor of live-work units shall have a minimum floor-to-ceiling height of 13 feet.
b. Depth. A ground-level live/work unit with street frontage shall devote the initial 25 feet of floor area depth to commercial activity.
c. Transparency. The ground floor of live/work units shall contain clear openings and windows for a minimum of 60% of the total area of the first floor facades facing sidewalks, pedestrian walks, or publicly-accessible outdoor space areas. Transparent glazing shall have a minimum Visible Transmittance (VT) value of 60 and be without tint or coloration. Transparent areas shall be designed and maintained to provide views into and out of the non-residential portion of the live/work unit.

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3. Entries.
a. Each live/work unit shall have a pedestrian entry on the street-facing facade that provides direct access to the non-residential portion of the unit. A separate entry for the residential portion of the unit shall be provided through a consolidated/central entrance along the street-facing facade or individual residential entries located at the rear or side of the building. b. Where there are multiple live/work units within a single structure, each unit shall be physically separated from other units and uses within the structure, and access to individual units shall be from a common open space, corridor, hallway, or other common access area.

4. Ventilation.

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

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

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

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

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4.17. MANUFACTUR ED/MOBILE

HOME PARK

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

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

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

4.17.02. Standards
A. Minimum parcel size shall be 10 acres.

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

C. One shade tree per space shall be required.

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

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

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

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

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

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

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

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

L. All utility lines shall be placed underground.

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

N. Solid waste and recycling enclosures shall be required.

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

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

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

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4.18. MASSAGE ESTABLISHMENT
(STAND-ALON E)

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

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

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

B. Located a minimum of 400 feet from:

1. Schools;

2. Parks and recreation facilities;

3. Community centers;

4. Libraries;

5. Youth organizations; and

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

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

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

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4.19. MINI-STOR AGE WAREHOUSING

OR FACILITY

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

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

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

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

These ground floor activities shall not be directly associated with the mini-storage warehousing or facility established at the site. All mini-storage buildings and RV storage shall be located behind the fronting general retail or office uses.

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

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

2. The retail sale of stored items;

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

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

5. The production, fabrication, or assembly of products.

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

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

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

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4.20. OUTDOOR STORAGE

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

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

A. Permissibility of Outdoor Storage.

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

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

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

B. Standards for Outdoor Storage.

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

2. Height and Screening Limitation.
a. Outdoor storage areas shall be screened from view and, where possible, located behind the primary buildings on the site from:
i. Any public street or freeway;
ii. An existing or planned residential area; or
iii. A publicly-accessible open space area.
b. Screening walls and fences shall comply with the standards established in Section 3.01.10 (Fences, Walls, and Screening).

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

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4.21. PAWNSHOPS

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

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

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

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

1. Schools;

2. Parks and recreation facilities;

3. Community centers;

4. Libraries; or

5. Youth organizations.

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

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4.22. RECR EATIONAL VEHICLE (RV)
PARKS

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

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

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

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

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

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

1. Minimum parcel size shall be 10 acres.

2. Density shall not exceed 12 spaces per gross acre.

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

4. One shade tree per space shall be required.

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

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

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

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

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

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

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

12. Enclosures for solid waste and recycling bins are required.

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

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4.23. RESALE/CON SIGNMENT /

THRIFT SHOPS

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

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

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

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

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

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

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

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

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4.24. SMOKE SHOPS

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

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

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

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

1. Schools;

2. Parks and recreation facilities;

3. Community centers;

4. Libraries;

5. Youth organizations; and

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

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

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

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

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

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

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

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

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

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

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

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

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

J. The establishment shall conspicuously post the following interior sign stating:
“We ID everyone under 27 years of age for tobacco sales.” The dimensions of this sign shall be at least eight inches by 11 inches. If the predominant language of the establishment’s clientele is not English, then a sign shall also be posted in that language.

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

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

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

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

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4.25. TATTOO /BODY ART /PIERC ING

ESTABLISHMENT S

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

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

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

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

1. Adult-oriented business;

2. Schools;

3. Parks and recreation facilities;

4. Community centers;

5. Libraries;

6. Youth organizations; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

K. The establishment shall conspicuously post the following interior sign stating:
“We ID everyone under 27 years of age for any request for our services.” The dimensions of such sign shall be at least eight inches by 11 inches. If the predominant language of the establishment’s clientele is not English, then a sign shall also be posted in that language.

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4.26. TELECO MMUN ICATIONS/

WIRELESS FACILITIES

4.26.01. Purpose and Applicability
A. Purpose.

The purpose of this Chapter is to regulate the location, height, appearance, and placement of large commercial antennas and other wireless communications facilities. These regulations are designed to protect and promote the public health, safety, welfare, and aesthetic quality of the city.

B. Applicability.

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

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

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

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

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

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

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

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

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

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

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B. Waiver Request.

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

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

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

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

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

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

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

A. Permitted Locations.

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

B. Permit Required.

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

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

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

4. A large commercial antenna designed as a “monopalm” or any other stealth facility that is to be placed on vacant property or property used for agricultural uses regardless of size shall be subject to the approval of and compliance with a Conditional Use Permit subject to Section 6.04.04 (Use Permits). a. The applicant shall submit an analysis of the location of the commercial antenna as it relates to the development of the site.
b. The applicant shall submit a letter from the telecommunications carrier that the site is the proper location for the commercial development.

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C. Eligible Facilities Request (EFR).

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

2. In addition to compliance with the requirements of this Chapter, all EFRs shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the Director:
a. Any permit granted in response to an application qualifying as an EFR shall be subject to the terms and conditions of the underlying permit.
b. The City’s grant or grant by operation of law of an EFR request permit constitutes a federallymandated modification to the underlying permit or approval for the subject tower or base station.

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

4.26.04. Required Findings
A. General Findings.

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

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

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

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

4. The proposed facility uses a stealth design.

B. Additional Findings for a Large Commercial Antenna.

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

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

2. Is not permitted by the property owner;

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

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

C. Findings for Collocation Facilities Requests.

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

D. Findings for Eligible Facilities Requests.

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

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

3. The proposed facility will comply with all generally applicable laws.

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E. Additional Findings for Setback Reductions.

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

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

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

F. Additional Findings for Any Other Exception to Standards.

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

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

A. Site Plans.

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

B. Elevations.

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

C. Landscape Plans.

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

D. Graphics.

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

E. Siting of Antennas.

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

F. FCC and State Authorization.

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

G. Federal Avaiation Administration (FAA) Authorization.

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

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4.26.06. Development Standards for Large
Commercial Antennas
A. Height.

The maximum height for large commercial antennas mounted on a monopole or a lattice tower shall not exceed 70 feet above grade. Additional height may be approved by the Planning Commission provided that technical data justifies the need for greater height in order to close a significant gap in coverage and the additional height is the least intrusive means of doing so.

B. Setback of Monopole Support Structure.

A large commercial antenna consisting of a monopole design shall be located at least 100 feet from any residentially zoned property. A monopole design support structure shall comply with all setbacks according to the zone it is located in.

C. Design Guidelines.

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

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

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

2. The monopole itself shall be textured in such a way to appear as the trunk of a palm tree. Manufactured palm fronds shall adequately camouflage the panel antennas from view from adjacent properties and public streets. Other screening methods may be utilized.

3. All large commercial antennas shall be a “stealth facility,” except where completely screened from view to the public right-of-way and/or adjacent properties. Other stealth facilities may be utilized such as water towers, windmills, weather vanes, etc.

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

5. If a large commercial antenna is permitted within the public right-of-way, it shall be designed as and substantially comply with the City's Engineering Standards for a street light, to the satisfaction of the City Engineer. The City Engineer may authorize a design that substantially complies with the standards of other utility poles if he or she determines that a street light is inappropriate for the location.

D. Lighting.

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

E. Signage.

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

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

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

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

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G. Accessory Buildings.

Accessory buildings supporting large commercial antennas shall not exceed 600 square feet of gross floor area and a height of 12 feet and shall not be used for offices or material storage. All accessory structures or buildings shall comply with the minimum required setbacks in the zone that the facility will be located in.

H. Accessory Buildings Material and Colors.

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

I. Landscaping and Fencing.

Landscaping shall be utilized around accessory structures/ buildings or cabinets to further screen the building or cabinets. Chain link fencing shall be prohibited where visible from any public right-of-way. A decorative block wall shall be required where visible from any public right-of-way for the purpose of enclosing accessory structures/buildings, cabinets, or equipment.

J. Roof Mounted Antennas.

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

K. Building Mounted Antennas.

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

L. Utilities.

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

M.Access Roads.

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

N. Building Code Compliance.

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

O. Interference Problems.

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

P. Right-of-Way Authority.

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

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4.26.07. Removal and Abandonment of Commercial
Antennas
A. Any large commercial antenna carrier who intends to abandon or discontinue use of a commercial antenna shall notify the City by certified mail no less than 30 days prior to such action. The large commercial antenna carrier or owner of the affected real property shall have 90 days from the date of abandonment or discontinuance, or a reasonable time as may be approved by the Director, to dismantle and remove the commercial antenna. In the case of multiple carriers sharing use of a single tower, this provision shall not become effective until all carriers cease operation. The subject Conditional Use Permit shall become null and void.

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

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

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4.27. TEMPORARY USES

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

4.27.02. Temporary Uses Not Requiring a Temporary
Use Permit
The following types of temporary uses may be conducted without a Temporary Use Permit. Other permits, such as a Building Permit, may be required.

A. Garage Sales.

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

B. Indoor Entertainment.

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

C. Seasonal Sales.

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

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

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

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

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

D. Temporary Buildings or Storage Facilities (Accessory).

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

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

2. Building Official approval is required.

3. The use shall be discontinued upon completion of the project.

E. Temporary Real Estate Sales Office.

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

1. No more than one temporary real estate office may be located on any new subdivision in any zone.

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

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

F. Vehicle Washing and Detailing.

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

2. The duration of use shall not exceed two days.

3. There shall be a minimum of 30 days between events.

4. No more than one sign shall be allowed on the parcel and the sign shall not exceed six square feet.

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

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

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

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

4.27.04. Allowed Temporary Uses and Associated
Standards
A. Off-Site Auto and RV Sales.

1. No more than six off-site auto sales events may be held within a 12-month period.

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

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

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

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

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

B. Live Entertainment – Outdoors (Accessory).

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

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

3. The duration of use shall not exceed two days.

4. There shall be a minimum of 30 days between events.

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

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

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

8. The Director may permit subject to approval of a Temporary Use Permit (see Section 6.04.05 (Temporary Use Permits)) a special event such as, but not limited to, the following types of events: sporting and athletic events, street fairs, social events such as large weddings, picnics, or fireworks displays which by their nature are non-recurring, occurring on improved or unimproved property, which requires regulation because it may, among other things:
a. Involve the potential for a substantial number of participants or spectators; b. Require the provision of public services for street blockage, erecting barriers, traffic control or crowd control;
c. Require portable restrooms and electrical connections; or d. Require the use of flammable materials.

C. Swap Meet, Outdoor.

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

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

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

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

D. Temporary Campground.

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

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

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

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

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

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

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

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ART ICLE 5
SUBDIVISION REGULATIONS +

RESIDENT IAL CONDOMINIUM

CON VERSIONS
UNIFIED DEVELOPMENT CODE | RESERVED FOR FUTURE INCLUSION

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RESERVED FOR FUTURE INCLUSION

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INDIO
ART ICLE 6
ADMINISTRATION +

PROC EDUR ES
UNIFIED DEVELOPMENT CODE | MUN ICIPAL CODE CHAPTER 159

PUBLIC REVIEW DRAFT

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

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

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

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6.02. REVIEW AND DECISIONMAKING BODIES
The purpose of this Chapter is to identify the bodies, officials, and administrators with designated responsibilities under various chapters of the Development Code. When carrying out their assigned duties and responsibilities, all bodies, administrators, and officials shall interpret and apply the provisions of this Ordinance as minimum requirements adopted to implement the policies and achieve the objectives of the General Plan.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

N. Serve as Staff of the Planning Commission.

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

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

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

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

Table 6.02.04–1: Summary of Review Authorities for Decisions and Appeals

PROCEDURE

REVIEW AND DECISION-MAKING BODIES
PREAPPLICATION

COMMITTEE

DIRECTOR
OR

DESIGNEE

PLANNING

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

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

ENTITLEMENTS
Administrative Use Permit R D A
Administrative Variance R D A
Variance R R D A
Conditional Use Permit R R D A
Appeal of Administrative Decision R D A
Appeal of Planning Commission Decision R D
Planning Review - Administrative R D A
Planning Review – Ministerial (Residential + Mixed Use) R R D A Planning Review - Discretionary R R D A
Home Occupation Permit1 D
Temporary Use Permit R D A
Sign Permit2 D A
Minor Modifications to Approved Permit D A
Major Modifications to Approved Permit3 R D A
Permit Revocation R D A
Permit Extension D A

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

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

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

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

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6.03. CO MMON PROC EDUR ES

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

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

6.03.03. Application Forms and Fees, and
Reapplications
A. Applicant.

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

B. Application Forms and Materials.

1. Application Forms.

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

2. Supporting Materials.

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

3. Availability of Materials.

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

C. Application Fees.

1. Schedule of Fees.

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

2. Payment of Fees.

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

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3. Multiple Applications.

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

4. Fee Waiver.

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

5. Refund of Fees.

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

D. Reapplication.

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

1. New Evidence.

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

2. Substantial and Permanent Change of Circumstances.

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

3. Mistake at Previous Hearing.

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

6.03.04. Pre-Application Review and Conferences
A. Purpose.

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

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

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

3. To acquaint City staff with a potential applicant and application.

B. Scope and Limitations.

1. A Pre-Application Review does not:
a. Vest an applicant under the existing rules and regulations adopted by the City in effect at the time of the pre-application conference meeting.
b. Provide an exhaustive review of all potential issues. c. Bind or preclude the City from enforcing all applicable regulations or from applying regulations in a manner differently than may have been indicated in the pre-application meeting. d. Constitute an approval in any manner of a proposal as the pre-application meeting is intended to be informational only.

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2. Exemption from Permit Streamlining Act.

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

3. Recommendations are Advisory.

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

C. Applicability and Requirements.

1. Applications for which Pre-Application is Required.

A pre-application conference is required for all of the following before an application will be required for the processing of:
a. Conditional Use Permits
b. Any project requiring Discretionary Planning Review
c. General Plan Text and/or Map Amendments
d. Specific Plans
e. Development Agreements
f. Amendments to existing Specific Plans or Project Master Plans g. Tentative Maps (refer to adopted Subdivision Regulations) h. Variances
i. Development Code and/or Zoning Map Amendments

2. Applications for which Pre-Application is Optional.

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

D. Process and Procedures.

1. Review Procedure.

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

2. Application Submittal.

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

3. Application Process.

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

4. Pre-Application Meetings.

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

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

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6.03.05. Neighborhood Review Meetings
A. Purpose.

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

B. Applicability.

1. Applications for which Neighborhood Review is Required.

A minimum of one neighborhood review meeting shall be required for the following types of new land use application in any applicable zone within the city:
a. Conditional Use Permits
b. Any project that requires Discretionary Planning Review c. General Plan Text and/or Map Amendments
d. Specific Plans
e. Development Agreements
f. Amendments to existing Specific Plans or Project Master Plans g. Tentative maps
h. Variances
i. Development Code and/or Zoning Map Amendments

2. Applications for which Neighborhood Review is Optional.

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

C. Time Frames.

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

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

D. City Involvement.

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

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E. Procedures.

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

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

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

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

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

5. The applicant shall prepare and make available the following materials for review and discussion at the public meeting:
a. Type, location, and total number of dwelling units for residential expected to be built; b. Type, location, and conceptual building elevations for non-residential projects; c. Conceptual site plan/plat layout showing buildings, road layout, parking, landscaping, topography and open space areas, and adjacent properties; and
d. Aerial photograph showing the subject property and adjacent properties.

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

7. At the neighborhood review meeting, the applicant shall take notes of the discussion on the proposed application for eventual submittal to the City.

F. Post Meeting Submittal Requirements.

The applicant shall submit the following information with the submittal of a development application:

1. A copy of the notice provided to surrounding property owners within a minimum of 500 feet on all sides of the proposed development site.

2. A copy of the mailing list used to send out meeting notices.

3. A written statement containing the information posted on the property.

4. An affidavit of mailing notices.

5. A copy of the meeting sign-in sheet.

6. Copies of written materials and plans presented at the neighborhood review meeting.

7. Notes of the meeting including a summary of oral and written comments received.

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8. If the applicant did not receive any responses to the meeting notice and no one attended the neighborhood review meeting or persons in attendance made no comments, the applicant shall submit evidence as indicated above, with the notes reflecting the absence of comment, attendance, or both.

G. Notice of Decision.

1. All property owners who receive notice of the neighborhood review meeting shall be eligible to receive a copy of the written City decision for the development proposal through a request made directly to the City.

H. Consideration.

The City shall consider as part of the development review process the concerns and issues raised by the neighbors and applicant at the neighborhood review meeting, including any agreed-upon solutions or resolutions to outstanding issues or areas of contention. The City, however, shall not be bound in its decision-making by any agreements or understandings made between the neighbors and applicants. Nothing in this section shall be construed to delegate development review decision-making authority to the participants in the neighborhood review meeting.

6.03.06. Environmental Review
A. Environmental Review.

All projects shall be reviewed for compliance with or exemption from the California Environmental Quality Act (CEQA). Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code is amended, such amendments will govern City procedures.

1. Project Exempt from Environmental Review.

Within 30 days of the date the City has determined an application to be complete, a determination must be made whether the project is exempt from Environmental Review per State CEQA requirements.

2. Project for which a Negative Declaration or Mitigated Negative Declaration is Prepared.

Within 60 days of the date a Negative Declaration or Mitigated Negative Declaration has been completed and adopted for project approval, the City shall take action on the accompanying discretionary project.

3. Project for which an EIR is Prepared.

Within 180 days from the date the decision-making authority certifies a Final EIR, the City shall take action on the accompanying discretionary project.

B. AB 52 Consultation Requirement.

Per AB 52 (Native American Historic Resource Protection Act), Tribal Consultation requirements apply to all CEQA projects for which a Notice of Preparation, Notice of Mitigated Negative Declaration or Notice of Negative Declaration is filed on or after July 1, 2015. The following applies to all applicable projects:

1. The City authorized representative shall comply with the procedures specified in Public Resources Code (PRC) Sections 21080.3.1, 21080.3.2, 21082.3, and 21084.3 to notify, consult, and mitigate for any significant impacts to tribal cultural resources.

2. The City’s authorized representative is the authorized representative of the City in all tribal consultation under State law.

3. The Community Development Department shall maintain a list of California Native American tribes, as defined in PRC Section 21073, which requested notification of discretionary projects under its jurisdiction pursuant to PRC Section 21080.3.1, subdivision (b)(1).

4. Within 14 days of determining that an application for a discretionary project is complete and the City is ready to undertake CEQA review, the City’s authorized representative shall notify, by letter, all tribes that requested notification and afford them 30 calendar days to to accept or decline consultation.

5. Within 30 days of receiving a written acceptance from a tribe, the City’s authorized representative shall initiate consultation with the tribe.

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6. The City’s authorized representative shall take into consideration information provided by the tribe during consultation when making the required determinations of impact during the CEQA process, and shall conclude consultation as specified in Section 21080.3.2(b) of the PRC prior to adopting or certifying the CEQA document.

6.03.07. Review of Applications
A. Review Process.

1. Application Completeness.

The Director shall determine whether an application is complete within 30 days of the date the application is filed with the required fee. For the purposes of this Section, completeness shall not include a substantive of the quality, content or merit of the submitted items that shall be analyzed as part of the subsequent application review process. The Director shall notify the applicant in writing of the determination that either all submittal requirements have been satisfied and the application is complete or additional information is necessary and the application is deemed incomplete (see Subsection B below).

B. Incomplete Application.

If an application is incomplete, the Director shall provide written notification to the applicant listing the applications for permit(s), forms, information, and any additional fees that are necessary to complete the application.

1. Zoning Ordinance Violations.

An application shall not be found complete if conditions exist on the site in violation of this Code or any permit or other approval granted in compliance with this Code, unless the proposed project includes the correction of the violations.

2. Appeal of Determination.

Determinations of incompleteness are subject to the provisions of Section 6.03.13 (Appeals), except there shall be a final written determination on the appeal no later than 60 days after receipt of the appeal. The fact that an appeal is permitted to both the Planning Commission and the City Council does not extend the 60-day period.

3. Submittal of Additional Information.

The applicant shall provide the additional information within the time limit specified by the Director, which shall be no later than 30 days. The Director may grant one extension of up to 90 days.

4. Resubmittal Review.

Upon receipt and resubmittal of any incomplete application, a new 30-calendar day period shall begin during which the Director shall determine the completeness of the application.

5. Expiration of Application.

If an applicant fails to correct the specified deficiencies within the specified time limit, the application shall expire and be deemed withdrawn. Unexpended fees, as determined by the Director, will be returned to the applicant. After the expiration of an application, project review shall require the submittal of a new, complete application, along with all required fees.

C. Complete Application.

When an application is determined to be complete, the Director shall make a record of that date. If an application requires a public hearing, the Director shall schedule it in a timely manner and notify the applicant of the date and time.

D. Extensions.

The Director may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this Code.