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6.03.08. Public Notice
Unless otherwise specified, whenever the provisions of this Code require public notice, the City shall provide notice in compliance with State law as follows. Application types that require a decision by or appeal to the Planning Commission or City Council require a public hearing, per Table Table 6.02.04-1 (Summary of Review Authorities for Decisions and Appeals). All projects requiring an Administrative Permit or public hearing(s) require public noticing as follows.
A. Mailed Notice for Administrative Permits.
For projects requiring an Administrative Permit, a mailed notice shall be delivered by First Class mail 10 days before the date of action to:
1. The applicant, the owner or owner’s duly authorized agent, and any occupant of the subject property;
2. All property owners within a 500-foot radius of the subject property as shown on the latest available assessment roll, or a larger radius if deemed necessary by the Director in order to provide adequate public notification.
B. Mailed Notice for Public Hearings.
At least 10 days before the date of the public hearing, the Director, or the City Clerk for hearings before Planning Commission and/or City Council, shall provide notice by First Class mail delivery to:
1. The applicant, the owner or owner’s duly authorized agent, and any occupant of the subject property;
2. Each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected;
3. All property owners of record within a minimum 500-foot radius of the subject property as shown on the latest available assessment roll or a larger radius if deemed necessary by the Director in order to provide adequate public notification;
4. All neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located; and
5. Any person or group who has filed a written request for notice regarding the specific application.
C. Newspaper Notice.
At least 10 days before the date of the public hearing, the Director or the City Clerk, for hearings before the Planning Commission and/or City Council, shall publish a notice in at least one newspaper of general circulation in the city.
D. Public Places.
At least 10 days before the date of the public hearing, the Director or the City Clerk, for hearings before the Planning Commission and/or City Council, shall publish a notice in at least three public places in the city including a minimum of one public notice sign on the property(ies) directly affected by the proceeding, per Section
6.03.08.G (Standards and Specifications for Public Notice Signs).
E. Contents of Notice.
The notice shall include the following information:
1. The location of the real property, if any, that is the subject of the application;
2. A general description of the proposed project or action;
3. The date, time, location, and purpose of the public hearing or the date of action when no public hearing is required;
4. The identity of the hearing body or officer;
5. The names of the applicant and the owner of the property that is the subject of the application;
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6. The location and times at which the complete application and project file, including any environmental impact assessment prepared in connection with the application, may be viewed by the public;
7. A statement that any interested person or authorized agent may appear and be heard;
8. A statement describing how to submit written comments;
9. For Council hearings, the Planning Commission recommendation; and
10. Other information required by specific provision of these regulations or which the City, through its Department Heads, may consider necessary or desirable.
F. Failure to Notify Individual Properties.
The validity of the proceedings shall not be affected by the failure of any property owner, resident or neighborhood or community organization to receive a mailed notice.
G. Standards and Specifications for Public Notice Signs.
1. Applicability.
All projects requiring an Administrative Permit or public hearings before the Planning Commission and/or City Council shall be required to post one or more public notice signs in accordance with the provisions herein.
2. Public Notice Sign Requirements.
a. Only public notice signs provided by the City of Indio shall be utilized. Any sign that is posted that is not provided by the City of Indio shall be deemed non-compliant with this Section. Each sign heretofore posted shall contain at a minimum a copy of the public notice, a copy of the submitted site plan, and for those projects requiring a public hearing, a copy of the public hearing notice. b. A minimum of one non-illuminated sign shall be installed in accordance with the City of Indio Public Notice Sign Specifications published by the Community Development Department as amended. The sign(s) shall be erected on or near the subject property facing each public right-of-way adjacent to the subject property and private easement or tract road providing primary vehicular access to the subject property and to any property that abuts the subject property. The Community Development Department shall approve the location of each sign.
c. The sign shall be placed in an area of the property most visible to the public, not more than five feet from the front property line in residential areas, and not more than three feet from the front property line in commercial and industrial areas.
d. At least one sign for every 500 feet of street frontage shall be displayed per street frontage of the subject property. The Director may reduce the number of signs, but the reduction shall be no less than one sign per street frontage.
e. The Director may require the placement of notice boards in additional and/or alternative locations than the street frontage if, in his/her opinion, further public notice for the project will benefit the public safety, health and welfare and enhance the public’s opportunity to be made aware and comment on a proposed land use action.
3. Sign Posting Acknowledgement.
A completed Sign Posting Acknowledgment form prepared and signed and dated by the applicant or an authorized representative of the applicant together with Photograph of Installed Signs form shall be submitted to the Community Development Department no later than three days following the pickup of the signs from the Department. This document shall be mailed or dropped off or emailed to the assigned Project Planner.
4. Timing of Installation.
a. Signs must be installed no later than five calendar days from the date of pick-up from the Community Development Department.
b. Posted signs are to physically remain on the property until the last decision-making action specified by Community Development Department. This shall include the timeframe for items that are required to obtain City Council approval.
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5. Removal.
a. Signs shall be removed from the property no later than 10 days following the final action by the City of Indio.
b. A completed Sign Removal Acknowledgment form together with a completed Photograph of Removed Signs form prepared and signed and dated by the applicant or an authorized representative of the applicant shall be submitted to the Indio Community Development Department no later than three days following the physical removal of the signs. This document shall be mailed, dropped off or emailed to the assigned Project Planner.
6. Maintenance.
The applicant/owner shall be responsible for maintaining the notice board such that it is readable during the period of time it is required to be in place. If the board is damaged, defaced or otherwise made illegible, the applicant/owner shall replace the board with another obtained from the City. The applicant shall pay the replacement cost of such board.
6.03.09. Public Hearings
A. Hearing Time and Notice.
1. The Community Development Director shall set the time and place of hearings required by this Code to be held by the Planning Commission. The Planning Commission may, however, change the time or place of a hearing, if necessary.
2. The City Clerk shall set the time and place of public hearings required by this Code to be held by the City Council, however the Council may change the time or place of a hearing.
B. Conduct of Public Hearings.
Whenever the provisions of this Ordinance require a public hearing, the hearing shall be conducted in compliance with the requirements in Indio Municipal Code Article III (Administration).
6.03.10. Timing and Notice of Decision and Findings
Required
When making a decision to approve, approve with conditions, modify, revoke or deny any discretionary permit under this Code, the responsible authority shall issue a Notice of Decision and make findings of fact as required by this Code.
A. Date of Decision.
The responsible authority shall decide to approve, modify, revoke, or deny any administrative, ministerial, or discretionary permit following the close of the public hearing(s), or if no public hearing is required, within the time periods set by statutory requirements (e.g., Permit Streamlining Act, Housing Accountability Act). These deadlines do not apply to any action that has been called for review (per Section 6.03.12 (Calls for Review)) or appealed in accordance with 6.03.13 (Appeals). Time extensions may be granted pursuant to Section 6.03.15 (Expiration and Extension).
B. Notice of Decision.
After the Director or Planning Commission takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this Code, and the Calls for Review has ended, the Director shall issue a Notice of Decision. The Notice shall describe the action taken, including any applicable conditions, shall list the findings that were the basis for the decision, and shall include the procedure for appealing the decision. The Director shall file the Notice with the City Clerk and mail the Notice to the applicant, to the members of the City Council and the Planning Commission, and to any other person or entity that has filed a written request for such notification with the Planning Division.
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C. Findings.
Findings, when required by State law or this Code, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit.
6.03.11. Scope of Approvals
A. Scope.
Any approval permits include only those uses and activities actually proposed in the application and exclude other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.
B. Conditions of Approval.
The site plan, floor plans, building elevations, and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process, shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties, or ensures compliance with the permit’s plans and conditions in all respects.
C. Actions Voiding Approval.
If the construction of a building or structure or the use established is contrary to the description or illustration in the application, so as to either violate any provision of this Ordinance or require additional permits, then the approval shall be deemed null and void.
D. Periodic Review.
All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner or successor property owners to comply with such conditions.
6.03.12. Calls for Review
A. Applicability.
Decisions by the Director on administrative actions shall be communicated to the Planning Commission as part of a regularly agendized item at the next meeting of the Planning Commission. Any calls for review shall be made as follows:
1. A majority of the Planning Commission may call for review of a decision of the Director.
2. A majority of the City Council may call for review of a decision of the Director or Planning Commission.
3. If a decision is called for review by both the Planning Commission and the City Council, the City Council shall conduct the review.
4. Such call for review shall not require any statement of reasons and shall not represent opposition to or support of a decision, application, or appeal.
B. Time Limits.
All administrative decisions made by the Director shall be placed on the agenda for the next meeting of the Planning Commission. Only after the Planning Commission has heard and agreed with any administrative decisions by the Director, and no call for review has been received, shall the Director issue a Notice of Decision to the applicant.
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C. Procedure.
1. Administrative Planning Review.
Where the call for review is regarding an Administrative Planning Review or other decision by the Director, the decision shall be communicated and any call for review shall be heard as part of a regular agendized item at the next meeting of the Planning Commission.
2. Use Permits and Other Discretionary Actions.
Where the call for review is regarding a Use Permit or other discretionary action, the call for review shall be processed in the same manner as an appeal by any other person.
6.03.13. Appeals
A. Applicability.
Any action by the Director or Planning Commission in the administration or enforcement of the provisions of this Code may be appealed in accordance with this Section.
1. Appeals of Director Decisions.
Decisions of the Director may be appealed to the Planning Commission by filing a written appeal with the Planning Division.
2. Appeals of Planning Commission Decisions.
Decisions of the Planning Commission may be appealed to the City Council by filing a written appeal with the City Clerk.
B. Rights of Appeal.
Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this Ordinance.
C. Time Limits.
Unless otherwise specified in State or Federal law, all appeals shall be filed in writing within 15 days of the date which the action was taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.
D. Fee.
An appeal shall be accompanied by a fee established by resolution of the City Council to cover the cost of processing the appeal.
E. Procedures.
1. Filing.
The appeal shall identify the decision being appealed and shall clearly and concisely state the factual reasons for the appeal. The appeal shall be accompanied by the required fee.
2. Proceedings Stayed by Appeal.
The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business licenses.
3. Transmission of Record.
Within 30 days of receipt of the appeal, the Director shall transmit to the City Clerk the application of appeal and copies of the application and all other papers and documents constituting the record upon which the Planning Commission or Staff made their decision.
The Director, or in the case of appeals to the City Council, City Clerk, shall schedule the appeal for consideration by the authorized hearing body in a timely manner. The Director shall prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.
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F. Standards of Review.
When reviewing any decision on appeal, the appeal body shall use the same standards for decision-making required for the original decision. The appeal body may adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval.
G. Public Notice and Hearing.
Public notice shall be provided and the hearing conducted by the applicable appeal body pursuant to Chapter
6.03 (Common Procedures). Notice of the hearing shall also be given to the applicant and party filing the appeal and any other interested person who has filed with the City Clerk a written request for such notice. In the case of an appeal of a Planning Commission decision, notice of such appeal shall also be given to the Planning Commission. The Planning Commission may be represented at the hearing.
H. Action.
An action to grant an appeal shall require a majority vote of the hearing body members. A tie vote shall have the effect of rejecting the appeal.
6.03.14. Effective Dates
A final decision on an application for any approval subject to appeal shall become effective after the expiration of the 15-day appeal period following the date of decision, unless an appeal is filed pursuant to Section 6.03.13 (Appeals). No building permit or business license shall be issued until the 15th day following the date of the decision. If a different termination date is fixed at the time of granting, or if actual construction or alteration has begun under valid building permits, the 15-day period may be waived.
6.03.15. Expiration and Extension
A. Expiration.
The decision-maker, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. If no time period is specified, any permit granted under this Code shall automatically expire if it is not exercised or extended within two years of its approval.
B. Exercise of Use Permit.
A permit for the use of a building or a property is exercised when, if required, a valid City business license has been issued, and the permitted use has commenced on the site.
C. Exercise of Building Permit.
A permit for the construction of a building or structure is exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.
D. Extensions.
The following applies to all development projects with the exception of projects that qualify for State Streamlined Ministerial Approval per Government Code Section 65913.4 (See Section 6.04.03.E.6 (Permit Conditions)).
The Director may approve a two-year extension of any permit or approval granted under this Code, as follows:
1. Process.
An application for extension shall be filed not less than 60 days prior to the expiration date of the permit or within two years of the date of approval, along with appropriate fees and application submittal materials.
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2. Conditions.
The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved.
3. Permit Extension Findings.
The extension may be granted only when the Director finds that the original permit findings can still be made and there are no changed circumstances, or there has been diligent pursuit to exercise the permit that warrants such extension.
4. Expiration.
If the time limits are reached with no extension requested, or a requested extension is denied or expires, the permit expires.
6.03.16. Modification of Approved Plans
No change in the use or structure for which a permit or other approval has been issued is permitted unless the permit is modified as provided for in this Code. For the purposes of this Section, the modification of a permit may include modification of a planning review approval.
A. Minor Modifications.
The Director may approve minor changes or modifications to approved plans provided that they meet the following:
1. They have no potential for significant offsite impacts and would not intensify any potentially detrimental effects of the project.
2. They are consistent with the original findings and conditions approved by the hearing body.
3. They do not change the use designated in the original use permit.
4. They are consistent with the development and design standards they were approved under.
5. They do not increase, reduce, or alter the size or shape of the premises beyond the following:
a. A five percent increase in building height;
b. A 10 percent increase in floor area or building coverage when calculated on a total, aggregate project basis; or
c. A 10 percent decrease in common open space.
B. Major Modifications.
The Planning Commission may approve major changes or modifications to approved plans provided that they meet the following. This is an action item only, not subject to public hearing.
1. They have no potential for significant offsite impacts and would not intensify any potentially detrimental effects of the project.
2. They are consistent with the original findings and conditions approved by the hearing body.
3. They do not change the use designated in the original use permit.
4. They are consistent with the development and design standards they were approved under.
5. They do not increase, reduce, or alter the size or shape of the premises beyond the following:
a. A 10 percent increase in building height;
b. A 15 percent increase in floor area or building coverage when calculated on a total, aggregate project basis; or
c. A 15 percent decrease in common open space.
C. New Application.
A request for changes in conditions of approval of a discretionary permit or a change in an approved site plan or building plan beyond those allowed under the thresholds for major modifications above shall be treated as a new application.
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6.03.17. Revocation of Permits
Any permit granted under this Code may be revoked or modified for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated. Notwithstanding this provision, no lawful residential use can lapse regardless of the length of time of the vacancy.
A. Initiation of Proceeding.
Revocation proceedings may be initiated by the City Council, Planning Commission, or Director.
B. Public Notice, Hearings and Action.
After conducting a duly-noticed public hearing, the Planning Commission shall act on the proposed revocation.
C. Required Findings.
The Planning Commission may revoke or modify the permit if it makes any of the following findings:
1. The approval was obtained by means of fraud or misrepresentation of a material fact;
2. The use, building, or structure has been substantially expanded beyond what is set forth in the permit or substantially changed in character;
3. The use in question has ceased to exist or has been suspended for six months or more (see also Chapter
6.07 (Nonconforming Provisions));
4. There is or has been a violation of or failure to observe the terms or conditions of the permit or Variance, or the use has been conducted in violation of the provisions of this Code, or any applicable law or regulation; or
5. The use to which the permit or Variance applies has been conducted in a manner detrimental to the public safety, health and welfare, or so as to be a nuisance.
D. Notice of Decision.
Following Planning Commission action to revoke or modify a permit, the Director shall within 14 days issue a Notice of Decision describing the Commission’s decision with its findings. The Director shall mail notice to the permit holder and to any person who requested the revocation proceeding.
6.03.18. Interpretations and Determinations
Requests for interpretations of this Code and verifications relating to prior approvals or permits may be made to the Director. Requests shall be in writing. The decision of the Director on such requests may be appealed under Section 6.03.13 (Appeals).
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6.04. PERMITS AND APPRO VALS
6.04.01. Certificate of Occupancy
A. Purpose.
This Chapter establishes procedures for issuing a Certificate of Occupancy to verify that buildings and the proposed use of land comply with all applicable building and health laws and ordinances and with the requirements of this Code.
B. Certificate of Occupancy Required.
No structure erected, moved, altered or enlarged after the effective date of this Code shall be occupied or used, and no site shall be occupied or used until a Certificate of Occupancy has been issued by the Building Official or staff person designated by the Director to perform such actions.
C. Application.
Application for a Certificate of Occupancy shall be filed with the Building Official prior to the erection, moving, alteration or enlargement of any structure and prior to the commencement of a new use or a change in use of any structure or site.
D. Issuance.
The Building Official shall issue a Certificate of Occupancy upon receipt of written notice that the structure or site is ready for occupancy or use and after inspection, provided that the structure or site and the intended use conform with all applicable building and health laws, all required screening, landscaping, off-street parking and loading facilities have been completed, and all other conditions attached to the use permit, variance, and/or planning review have been met.
6.04.02. Zoning Clearance (as part of Building
Plan Check)
A. Purpose and Applicability.
The purpose of zoning clearance is to ensure that all new and modified uses and structures comply with applicable provisions of this Code, using simple administrative plan check procedures. Zoning clearance is required for all structures that require a building permit and for signs.
B. Review Authority.
The Community Development Director is the designated review authority for zoning clearance. The Director approves, conditionally approves, or denies the zoning clearance in accordance with the requirements of this title.
C. Process.
1. General.
No application form is necessary for zoning clearance. This process will be conducted by the Community Development Department as part of the building permit application review. If there are any fees required for this, the fee(s) shall be paid prior to the commencement of the zoning clearance review.
Zoning clearance shall be granted only when the Director or his/her designee finds the proposal to be
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in conformance with all applicable provisions of this Code. The Director may modify plans in whole or in part, apply conditions of approval, or require guarantees to ensure compliance with applicable provisions of this Code. Building permits shall not be issued without zoning clearance approval.
2. Signs.
Sign permit requirements and procedures can be found in Section 3.05.09 (Sign Permits and Procedures).
6.04.03. Planning Review
A. Purpose.
This Section establishes the planning review procedure to ensure that new development supports the goals and objectives of the General Plan and other adopted plans and guidelines. The specific purposes of the planning review process are to:
1. Promote excellence in site planning and design and the harmonious appearance of buildings and sites;
2. Ensure that new and modified uses and development will be compatible with the existing and potential development of the surrounding area; and
3. Supplement other City regulations and standards in order to ensure control of aspects of design that are not otherwise addressed.
B. Applicability.
Planning review is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a structure, site, or a parking area except for:
1. Additions, construction, reconstruction, alterations, improvements, and landscaping for a project developed in compliance with a previous planning review approval;
2. Replacement of exterior materials, including openings, with the same materials; and
3. Individual single-family homes and additions to single-family homes (see Section 6.04.02 (Zoning Clearance (as part of Building Plan Check)).
C. Procedures; Design Standards and Guidelines.
1. Forms and Fees.
Written applications for planning review applications shall be submitted to the Planning Division in compliance with the application procedures in Chapter 6.03 (Common Procedures).
2. Design Standards and Guidelines.
All projects shall be consistent with applicable design standards and/or guidelines. a. Objective Design Standards. Objective Design Standards, pursuant to State law, are required for housing development projects (defined as projects which consist of residential units only, mixed-use projects with 2/3 of the square footage dedicated to residential units, and transitional or supportive housing projects) requesting streamlined approval (see Subsection 6.04.03.E (Planning Review – Ministerial)). If a project does not qualify for streamlining under State law, or if an applicant seeks exceptions or modifications to standards contained in this Code, the project becomes subject to the Discretionary Planning Review process (see Subsection 6.04.03.F (Planning Review – Discretionary)).
Standards are written with “shall” statements or similar language imposing a requirement to which projects must adhere.
b. Design Guidelines. Design guidelines provide recommendations to be used in the Discretionary Planning Review process. Guidelines are written with “should” statements. Project applicants may choose to forgo one or more design standards and instead meet the intent of the design standards and/or guidelines.
Guidelines are design criteria subject to interpretation by the City during the Discretionary Planning Review process. The standards and any guidelines together are utilized during the City’s Discretionary Planning Review process to encourage the highest level of design quality, while simultaneously providing the flexibility necessary to encourage creativity on the part of project designers. Projects are evaluated on the degree to which they comply with the intent of the standards and guidelines in this document, ultimately leading to Staff-level or Planning Commission decision and approval.
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3. Concurrent Processing.
When a proposed project requires more than one permit application with more than one Review Authority, all project permits shall be processed concurrently as interrelated permits for a project and shall not be bifurcated. The highest designated Review Authority for all requested permits shall take final action on all permits. For example, the Planning Commission takes final action on a conditional use permit. However, when processed in conjunction with a Specific Plan, the conditional use permit shall be reviewed and acted upon by the City Council in conjunction with the other application request(s). The Planning Commission provides recommendations to the City Council on both entitlement requests.
D. Planning Review – Administrative.
1. Applicability.
Administrative planning review applies to the following proposed uses or buildings allowed as a matter of right or through an Administrative Use Permit by this Code, so long as they conform to all the applicable development and use standards:
a. Commercial development projects 5,000 square feet or less in size. b. Industrial development projects 10,000 square feet or less in size.
2. Review Authority.
The Director shall be the review authority for administrative planning reviews. The Director may, at his/ her discretion, refer any administrative application to the Planning Commission for a decision rather than acting on it himself/herself.
3. Application Review and Approval Process
The Director will review the project against all applicable use, development, and design standards. If the Director determines that the proposed use or building is allowed as a matter of right by this Code, and conforms to all the applicable development and use standards, the Director shall issue an approval. Staff will draft a Findings and Notice of Decision document containing all relevant findings and conditions of approval.
E. Planning Review – Ministerial.
1. Applicability.
Ministerial planning review applies to the following types of proposed uses or buildings that qualify for streamlined ministerial planning review under California Government Code Sections 65650 et seq. ("State Supportive Housing Law"), 65660 et seq. ("State Low Barrier Navigation Centers Law"), and 65913.4 ("State Streamlined Ministerial Approval Process"):
a. Affordable housing developments (per SB 35).
b. Residential developments of two or more units and mixed-use developments in which two-thirds of the project’s square footage is used for residential purposes (per Housing Crisis Act/SB 330). c. Transitional or supportive housing (per SB 744/AB 2162). d. Low Barrier Navigation Centers (per SB 48).
2. Review Authority.
The Planning Commission shall have the authority to conduct ministerial planning reviews to make sure that a project complies with all applicable objective plans, regulations, policies, development and design standards.
3. Conditions for Approval.
Before approving an application for Ministerial Planning Review approval, the Planning Commission must make the following findings based on evidence in the record, as applicable, that:
a. The housing development or Low Barrier Navigation Center is eligible for Ministerial Planning Review approval.
b. If the Ministerial Planning Review approval is based all or in part on the provision of Supportive Housing, a finding that all the requirements for a Supportive Housing development that are specified in the State Supportive Housing Law have been or will be met.
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c. If the Ministerial Planning Review approval is for a Low Barrier Navigation Center, a finding that all the requirements for a Low Barrier Navigation Center that are specified in the State Low Barrier Navigation Centers Law have been or will be met.
d. If the Ministerial Planning Review approval request is based all or in part on the State Streamlined Ministerial Approval process, a finding that all the requirements for a housing development approval that are specified in the State Ministerial Approval Process have been or will be met. e. If the application includes a request for a density bonus, incentive, waiver, or modification under the State Housing Density Bonuses and Incentives Law, a finding that all the requirements for density bonuses and/or other incentives that are specified in the State Housing Density Bonuses and Incentives Law have been or will be met.
f. If the project complies with all applicable objective plans, regulations, policies, development standards and Objective Design Standards.
4. Conditions for Denial.
a. The Planning Commission may deny an application for Ministerial Planning Review Approval if the findings required by Subsection 3 above, as applicable, cannot be made. b. The Planning Commission may deny a Ministerial Planning Review Approval if doing so would be contrary to State and Federal law, and if this finding is made in writing. c. Nothing in this Section limits the City's right to deny an affordable housing project under Government Code Section 65589.5.
5. Application Review and Approval Process.
a. Affordable Housing Streamlined Ministerial Approval (per SB 35). If the project is an affordable housing development that qualifies for Streamlined Ministerial Planning Review under SB 35, then the project will be evaluated by Staff for compliance with all applicable objective plans, regulations, policies, development standards and Objective Design Standards. If the project is in compliance, the City will issue an approval within the required timeline. b. Streamlined Ministerial Approval. If a project qualifies for streamlined ministerial approval, staff will review the application to determine compliance with all applicable and objective plans, regulations, policies, development standards and design standards.
i. If Staff determines the project to be in compliance with all applicable and objective plans, regulations, policies, development and design standards then the project goes to Planning Commission for its final consideration and approval. The Planning Commission may consider the entire project (site plan, floor plan, elevations, landscaping, context, etc.), but ultimately cannot impose conditions that would have the effect of “impacting the development’s ability to provide housing,” (i.e., precluding the applicant’s ability to achieve the proposed density). The Planning Commission may make recommendations or impose subjective conditions if the condition does not impact the project’s ability to provide housing, such as physically or financially impacting the proposed density. The applicant may submit justifications regarding how any such conditions may impact the density of the project.
ii. If Staff determines the project is not in compliance, they shall provide the applicant with written documentation identifying the specific provision(s) and an explanation of the reason for the inconsistency. The applicant then has several options for how to proceed:
a.) The project applicant can make revisions to bring the project into compliance. b.) The project applicant can choose not to make revisions to the project, forfeits the benefits of Streamlined Ministerial Planning Review, and elects to follow the Discretionary Planning Review process.
c.) The project applicant may appeal the determination of non-compliance to the Planning Commission (see Section 6.03.13 (Appeals)).
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6. Permit Conditions.
a. Term. Unless otherwise required by State law, Ministerial Planning Review approvals shall automatically expire three years from the date of the final action establishing that approval, unless otherwise provided in the permit, from and after the date of issuance of the development permit if within such three-year period, pursuant to and in accordance with the provisions of the Ministerial Planning Review approval (Government Code Section 65913.4). The duration of the approval may be extended as provided for in State law.
b. Modifications. Modifications to the development subsequent to the approval of a Ministerial Planning Review approval but prior to issuance of a final building permit shall be granted in compliance with State law (Government Code Section 65913.4).
F. Planning Review – Discretionary.
1. Applicability.
Discretionary planning review applies to all projects requiring Planning Commission approval (such as Conditional Use Permits and Variances) and all projects that do not qualify for administrative or ministerial planning review. If a project does qualify for streamlined ministerial approval under State law, but the applicant seeks exceptions or modifications to the City’s standards, the project is subject to the Discretionary Planning Review process.
2. Review Authority.
The Planning Commission shall be the review authority for Discretionary Planning Reviews.
3. Reduction in Density or Floor Area Ratio Prohibited.
Planning review shall not result in a reduction in the residential density or the allowable square footage of a proposed project.
4. Discretionary Planning Review Criteria/Conditions of Approval When conducting planning review, the review authority shall evaluate applications to ensure that they satisfy the following criteria, conform to the policies of the General Plan and any applicable specific plan, project master plan or development agreement, objective design standards, and any adopted design guidelines, and are consistent with any other policies or guidelines the City Council may adopt for this purpose. In addition, outside agencies may impose conditions of approval, as applicable. To obtain planning review approval, projects must satisfy the following criteria/findings to the extent they apply. a. General Plan Consistency. Consistency with General Plan policies and any applicable specific plan, project master plan or development agreement.
b. Standards Consistency. Consistency with applicable objective development standards and design standards and/or design guidelines adopted by the City Council. c. Overall Function and Design. The project design is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community. The overall design of the project, including its scale, massing, site plan, exterior design, and landscaping, will enhance the appearance and features of the project site and surrounding natural and built environment.
d. Site Design. Structures within the development and between the structures and the site relate to one another. Proposed structures and related site development improvements (e.g., access, parking, grading, etc.) relate and connect to existing development in the vicinity. The site is designed to promote efficient circulation and encourage a range of transportation modes by providing safe and convenient routes for pedestrians and cyclists. Projects incorporate necessary utilities and service areas (e.g., refuse and recycling enclosures) such that they are compatible with the overall design of the project and minimize visual impacts.
e. Building Design. Buildings are designed to mediate scale, massing, and bulk, reflect a human scale design, and enhance the pedestrian experience through building modulation and facade articulation treatments. The project architecture is harmoniously integrated internally and in relation to the architecture in the vicinity in terms of colors and materials, scale, and building design. The design is sensitive to and compatible with historic and low-density or sensitive uses in the vicinity.
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f. Streetscape. The design of streetscapes, including street trees, lighting, and pedestrian furniture, is consistent with the intended character of the area.
g. Parking. Parking areas are designed and developed to provide adequate parking, buffer surrounding land uses, compliment pedestrian-oriented development, enhance the environmental quality of the site (e.g., by minimizing stormwater run-off and the heat-island effect), and achieve a safe, efficient, and harmonious development. Parking areas are properly sited, designed, and screened to minimize the impacts of parking and vehicles on the pedestrian experience. h. Screening and Fencing/Walls. Fences, walls, and other visual screening elements are made of highquality materials, add visual interest, are compatible with the character of surrounding development, and help community members differentiate between public and private property. Appropriate screening is provided between incompatible uses.
i. Lighting. Lighting and lighting fixtures are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, and avoid creating glare.
j. Landscaping. Landscaping is designed to be compatible with and enhance the architectural character and features of the buildings on site, conserver water, provide buffers or screening, and help relate the building to the surrounding landscape.
k. Consistency and Compatibility. Project details, materials, signage, and landscaping, are internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the proposed architectural design.
l. Public Art Component. Public art is provided in satisfaction of Chapter 3.06. Art in Public Places. m. The project will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare.
G. Notice of Decision; Appeals; Expiration, Extensions, and Modifications.
1. Notice of Decision.
a. Planning Review by the Director. Where Planning Review is conducted by the Director, Notice of Decision shall be provided pursuant to Section 6.03.10 (Timing and Notice of Decision and Findings Required). The Director shall provide a report at every regularly scheduled Planning Commission meeting of administrative decisions made by the Director or his/her designee. b. Planning Review by the Planning Commission. Where Planning Review is conducted by the Planning Commission, Notice of Decision of Planning Review shall be provided concurrently with the associated project approval (such as the Conditional Use Permit or Variance). See Section 6.03.10 (Timing and Notice of Decision and Findings Required).
2. Appeals.
Planning Review decisions are subject to the appeal provisions of Section 6.03.13 (Appeals).
3. Expiration, Extensions, and Modifications.
Planning Review approval is effective and may only be extended or modified as provided for in Chapter
6.03 (Common Procedures).
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6.04.04.Use Permits
A. Purpose.
The Use Permit review and approval process is intended to apply to uses that are generally consistent with the purposes of the zoning district where they are proposed but require special consideration to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties.
B. Applicability.
Approval of a Use Permit is required for uses or developments specifically identified in Article 2 (Zone Regulations) and/or any other section of this Code which requires a Use Permit.
C. Review Authority.
1. Administrative Use Permits.
The Director shall approve, conditionally approve, or deny applications for Administrative Use Permits based on consideration of the requirements of this Chapter. The Director may, at his/her discretion, refer any application for an Administrative Use Permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the Planning Commission for a decision rather than acting on it himself/herself. In that case, the application shall be processed as a Conditional Use Permit.
2. Conditional Use Permits.
The Planning Commission shall approve, conditionally approve, or deny applications for Conditional Use Permits based on consideration of the requirements of this Section.
D. Application Requirements.
Applications for Use Permits shall be filed with the Planning Division on the prescribed application forms. In addition to any other application requirements, the application for a Use Permit shall include data or other evidence in support of the applicable findings required by Subsection 6.04.04.F (Required Findings), below.
E. Public Notice and Hearing.
1. Conditional Use Permits.
All applications for Conditional Use Permits shall require public notice and hearing before the Planning Commission pursuant to Chapter 6.03 (Common Procedures).
2. Administrative Use Permits.
Administrative Use Permit applications do not require public hearings, but do require public noticing per Section 6.03.08 (Public Notice).
F. Required Findings.
The decision-maker must make all of the following findings in order to approve or conditionally approve a Use Permit application. The inability to make one or more of the findings is grounds for denial of an application.
1. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Code and all other titles of the Municipal Code;
2. The proposed use is consistent with the General Plan and any applicable Specific Plan;
3. The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;
4. The proposed use complies with any design or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of this Code;
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5. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity; and
6. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.
G. Conditions of Approval.
In approving a Use Permit, the decision-maker may impose reasonable conditions or restrictions deemed necessary to:
1. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;
2. Achieve the general purposes of this Code or the specific purpose of the zone in which the project is located;
3. Achieve the findings for a Use Permit listed in Subsection 6.04.04.F (Required Findings), above; or
4. Mitigate any potentially significant impacts identified as a result of environmental review conducted in compliance with CEQA.
In addition, the City may impose conditions or restrictions, as applicable, from external review agencies. The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
H. Notice of Decision; Appeals; Expiration, Extensions, and Modifications.
1. Notice of Decision. Notice of Decision shall be provided pursuant to Section 6.03.10 (Timing and Notice of Decision and Findings Required).
2. Appeals. A decision of the Director may be appealed to the Planning Commission and a decision of the Planning Commission may be appealed to the City Council, as provided in Section 6.03.13 (Appeals).
3. Expiration, Extensions and Modifications. Use Permits are effective and may only be extended or modified as provided for in Chapter 6.03 (Common Procedures).
6.04.05. Temporary Use Permits
A. Purpose and Applicability.
This Chapter establishes a process for review and approval of certain uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur.
A Temporary Use Permit is required prior to establishing, commencing, or engaging in any of the temporary uses specified in Section 4.26.04 (Allowed Temporary Uses and Associated Standards) and Article 2 (Zone Regulations).
B. Review Authority.
The Director shall act as the Review Authority for Temporary Use Permits based on consideration of the requirements of this Section.
C. Application.
Unless specified otherwise in Chapter 4.26 (Temporary Uses), an application for a Temporary Use Permit shall be submitted at least 30 days before the use is intended to begin, pursuant to Section 6.03.03 (Application Forms and Fees, and Reapplications).
D. Required Findings.
The Director must make the following findings to approve or conditionally approve a Temporary Use Permit application. The inability to make one or more of the findings is grounds for denial of an application.
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1. The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the City;
2. The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas; and
3. The proposed use meets all of the standards specified in Section 4.26.04 (Allowed Temporary Uses and Associated Standards).
E. Conditions of Approval.
The Director may impose reasonable conditions deemed necessary to ensure compliance with the findings for a Temporary Use Permit listed in Subsection D (Required Findings) above, including, but not limited to:
1. Regulation of ingress, egress, and traffic circulation;
2. Regulation of fire protection and access for fire vehicles;
3. Regulation of lighting and signage;
4. Regulation of hours of operation, staffing, or other aspects of the use; and
5. Removal of all trash, debris, temporary structures, and electrical service.
In addition, the City may impose conditions or restrictions, as applicable, from external review agencies. The Director may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
6.04.06.Administrative Variances and Variances
A. Purpose.
This Chapter is intended to provide a mechanism for relief from the strict application of this Ordinance where this will deprive the property owner of privileges enjoyed by similar properties because of the subject property’s unique and special conditions.
B. Applicability.
Variances may be granted to vary or modify dimensional and performance standards, but Variances may not be granted to allow uses or activities that this Ordinance does not authorize for a specific lot or site.
C. Application Requirements.
Applications for an Administrative Variance or Variance shall be filed with the Community Development Department on the prescribed application forms in accordance with the procedures in Chapter 6.03 (Common Procedures). In addition to any other application requirements, the application for an Administrative Varianceor Variance shall include data or other evidence showing that the requested Administrative Variance or Variance conforms to the required findings set forth in this Section.
D. Administrative Variances.
This section sets forth the requirements for Administrative Variances, which are minor deviations from otherwise applicable standards when the small size of the modification requested, and the unlikelihood of any adverse effects on nearby properties or the neighborhood, make it unnecessary to complete a regular Variance process.
1. Review Authority.
The Director shall approve, conditionally approve, or deny applications for Administrative Variances based on the requirements and considerations in the Section.
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2. Applicability and Requirements.
The Director may grant an Administrative Variance for adjustments from the development standards in this Code where, in his/her opinion, the intent of the ordinance can be achieved and equal performance obtained by granting an Administrative Variance. The authority to grant such variances shall be limited to requests that do not exceed a 20 percent deviation in the development standards for the following:
a. Lot area
b. Lot width
c. Required yards
d. Parking regulations
e. Encroachments into required yards
3. Required Findings for Administrative Variances.
The Director may approve or approve with conditions an Administrative Variance application if all of the following findings are made.
a. There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zone, and that the granting of an Administrative Variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone; b. The granting of the application is necessary to prevent a physical hardship which is not of the applicant’s own actions or the actions of a predecessor in interest; c. The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and
d. The granting of the Administrative Variance will be consistent with the general purposes and objectives of this Code, any applicable specific plans, and of the General Plan.
4. Public Notice.
An application for an Administrative Variance shall require public noticing per Chapter 6.03 (Common Procedures). An Administrative Variance application does not require a public hearing.
E. Variances.
1. Review Authority.
All other Variances that do not qualify as an Administrative Variance shall be reviewed and approved or denied by the Planning Commission based on consideration of the requirements of this Section.
2. Applicability.
All variances that do not meet the requirements for an Administrative Variance shall go through the Variance review and approval process.
3. Public Notice and Hearing.
An application for an Administrative Variance or Variance shall require public noticing and hearings before the Planning Commission per Chapter Chapter 6.03 (Common Procedures).
4. Required Findings for Variances.
After conducting a public hearing, the Planning Commission may approve or conditionally approve a Variance application if all of the following findings are made. The Commission shall deny an application for a Variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination.
a. There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zone, and that the granting of a Variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone; b. The granting of the application is necessary to prevent a physical hardship which is not of the applicant’s own actions or the actions of a predecessor in interest;
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c. The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and
d. The granting of the Variance will be consistent with the general purposes and objectives of this Code, any applicable specific plans, and of the General Plan.
5. Conditions of Approval.
In approving a Variance, the Planning Commission may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Subsection E.4 (Required Findings for Variances) above, and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
F. Notice of Decision; Appeals; Expiration, Extensions, and Modifications.
1. Notice of Decision.
Notice of Decision shall be provided pursuant to Section Section 6.03.10 (Timing and Notice of Decision and Findings Required).
2. Appeals.
The applicant or any other aggrieved party may appeal a decision on an Administrative or Variance pursuant to the provisions of Section 6.03.13 (Appeals).
G. Expiration, Extensions and Modifications.
1. Variances are effective and may only be extended or modified as provided for in Chapter 6.03 (Common Procedures).
6.04.07. Reasonable Accommodation
A. Purpose.
This Chapter establishes the procedures to request Reasonable Accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (“the Acts”) in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval.
B. Applicability.
1. A request for Reasonable Accommodation may be made by any person with a disability, their representative, or any other entity, when the application of zoning law or other land use regulation, policy, or procedure acts as a barrier to fair housing opportunities.
2. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment.
3. A request for Reasonable Accommodation may include a change or exception to the practices, rules, and standards for the development, siting, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.
C. Review Authority.
The Director shall act as the Review Authority for Reasonable Accommodation applications based on consideration of the requirements of this Section. Requests submitted for concurrent review with another discretionary land use application shall be reviewed by the Review Authority for the discretionary land use application.
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D. Application.
An application for a Reasonable Accommodation shall be prepared, filed, and processed in compliance with Section 6.03.03 (Application Forms and Fees, and Reapplications). No noticing or public hearing are required for a Reasonable Accommodation request. In addition to any other information required under the City of Indio Municipal Code, an applicant submitting a request for Reasonable Accommodation must provide the following information:
1. Description of the accommodation request;
2. The applicant’s name, address, and telephone number;
3. Location of the subject property, including address and assessor’s parcel numbers;
4. Name and address of the property owner and the owner’s written consent to the application;
5. The current actual use of the subject property;
6. Verifiable documentation of the individual’s disability status;
7. The regulation(s), policy, or procedure for which accommodation is sought;
8. Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling; and
9. Additional information necessary for Planning Division staff to facilitate proper consideration of the request, consistent with fair housing laws.
E. Procedures.
The Director shall make a written determination within 90 days for non-concurrent review requests of the application being deemed complete and either approve, modify, or deny a request for Reasonable Accommodation in compliance with Subsection F (Required Findings), below. For concurrent review requests, the decision to approve, modify, or deny a request shall be made at the same time as the decision for the discretionary land use application(s).
F. Required Findings.
The Review Authority must consider all of the following factors in order to approve or deny a request for Reasonable Accommodation that will be consistent with the Acts.
1. Whether the housing, which is the subject of the request, will be used by an individual defined as disabled under the Acts;
2. Whether the request for Reasonable Accommodation is necessary to make specific housing available to an individual with a disability under the Acts;
3. Whether the requested Reasonable Accommodation would impose an undue financial or administrative burden on the City; and
4. Whether the requested Reasonable Accommodation would require a fundamental alteration of a City program or law, including but not limited to land use and zoning.
G. Conditions of Approval.
In granting a request for Reasonable Accommodation, the Review Authority may impose any conditions of approval deemed reasonable and necessary to ensure that the Reasonable Accommodation would comply with the findings required herein. The conditions shall also state whether the accommodation granted shall terminate if the recipient of the accommodation was requested no longer resides on the property.
H. Appeals, Expiration, Extensions, and Revisions.
1. Appeals.
Reasonable Accommodation decisions may be appealed as provided for in Section 6.03.13 (Appeals).
2. Expiration, Extensions, and Revisions.
Reasonable Accommodations may only be expired, extended, or revised as provided for in Chapter 6.03 (Common Procedures). A Reasonable Accommodation shall terminate if the accommodation is no longer required, or if the recipient of the accommodation no longer resides at the property.
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6.04.08. Certificate of Public Convenience or
Necessity
A. Purpose.
1. Public convenience or necessity is a tool for local governments and communities to limit the issuance of new Alcoholic Beverage Control (ABC) licenses and alcohol outlets. Current State law limits the issuance of new licenses in geographical areas defined as areas of “undue concentration.” New alcohol outlets can be allowed in areas of undue concentration only if it is determined by the City of Indio that they would serve a “public convenience or necessity” (PCN).
2. State law defines “undue concentration” in an area if either of the following conditions exists:
a. The proposed site is located in a district where there is a 20 percent greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency; or b. The ratio of off-sale/on-sale retail licenses to population in the census tract or census division in which the applicant’s premises is located exceeds the ratio of off-sale/on-sale retail licenses to population in the county in which the applicant’s premises is located.
B. Review and Consideration Process.
1. Once the ABC has determined that a specific location is in an area of “undue concentration” for alcohol licenses and has notified the City of such, an applicant shall make application to the City and pay all required fees for the processing of a Certificate of Public Convenience or Necessity.
2. Upon receipt of the application and fee, the Community Development Department will route the application to all pertinent parties for review and comment on the requested Certificate.
3. Following the end of the review period, the Community Development Department shall schedule a public hearing before the City Council and conduct required public noticing in accordance with Section 6.03.08 (Public Notice).
C. Decision-Making Criteria.
Following the close of the City Council public hearing, the City Council shall issue a decision approving, conditionally approving, or denying the Certificate of Public Convenience or Necessity. In reaching its decision, the City Council shall make findings and shall consider the following factors:
1. Whether or not the proposed use is consistent with the General Plan and Development Code.
2. Whether or not the proposed use is compatible with the nature, condition, and character of adjacent land uses.
3. Whether or not the proposed use would have an adverse effect on adjacent land uses.
4. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity.
D. Conditions of Approval.
The City Council in issuing a decision to grant a Certificate may apply conditions of approval to address impacts resulting from alcohol related activities at the subject property.
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6.05. OT HER TYPES OF PLANS
6.05.01. Planned Developments
A. Purpose and Applicability.
This Section establishes procedures and requirements for Planned Developments. Additional information on the Planned Development Overlay (PD) zone can be found in Section 2.07.04 (Planned Development Overlay (PD)) of Article 2.
B. Review Authority.
A Planned Development (PD) Overlay Zone must be adopted by the City Council. A public hearing before the Planning Commission is required prior to City Council review, and the Planning Commission shall make a recommendation to the City Council.
C. Procedures.
1. Initiation.
An application for a PD Overlay Zone shall be initiated by a property owner or authorized agent, or by the Director, Planning Commission, or City Council. If the property is not under a single ownership, all owners must jointly file the application, and a map showing the extent of ownership shall be submitted with the application.
2. Application Contents.
A qualified applicant shall apply for a PD Overlay Zone on a form prescribed by the Community Development Department accompanied by the required fee. The Director may require an applicant to submit additional information and supporting data as considered necessary to process the application.
3. Zoning Amendment.
An application for a PD Overlay Zone shall be processed as an amendment to the Zoning Map, according to the procedures of Chapter 6.06 (General Plan and Zoning Amendments), and shall include a PD Permit/ Plan.
4. PD Permit.
A PD Permit is required and shall be processed in the same manner as a Conditional Use Permit application, pursuant to Section 6.04.04 (Use Permits).
5. Tentative Subdivision Map.
When a PD Permit requires the submission of a tentative subdivision map, this map and all supporting documents shall be prepared and submitted concurrently with the application of the PD.
D. Required Findings.
A PD Permit and subsequent PD Overlay Zoning Map Amendment shall only be approved if all of the following findings are made:
1. The proposed development is consistent with the General Plan and any applicable specific plan, including the density and intensity limitations that apply;
2. The subject site is physically suitable for the type and intensity of the land use(s) being proposed;
3. Adequate transportation facilities and public services exist or will be provided in accordance with the conditions of development plan approval, to serve the proposed development; and the approval of the proposed development will not result in an increase in traffic levels or a reduction of levels of public services so as to be a detriment to public health, safety, or welfare;
4. The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area;
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5. The development generally complies with applicable adopted design standards and guidelines; and
6. The proposed development will achieve superior community design, environmental preservation and/ or substantial public benefit as compared to the development that would occur under the standards applicable to the underlying base zone.
E. Conditions of Approval.
In approving a PD Permit and PD Overlay Zone, the Review Authority may impose reasonable conditions deemed necessary to:
1. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies that the City has adopted;
2. Achieve the general purposes of this Code or the specific purpose of the zone in which the project is located;
3. Achieve the findings listed above; or
4. Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act.
F. Expiration and Extension.
1. Expiration.
a. PD Permit. A PD Permit shall expire two years after the effective date unless actions specified in the conditions of approval have been taken, or a building permit has been issued and construction diligently pursued. An approved PD Permit may specify a development staging program exceeding two years.
b. Tentative Map. Where a tentative map has been approved in conjunction with a PD Permit, the PD Permit shall expire upon the expiration of the tentative map. c. Phased Development. If the applicant intends to develop the project in phases, and the Review Authority approves phased development, the PD Permit shall remain in effect so long as not more than one year lapses between the end of one phase and the beginning of the next phase.
2. Extension.
The Director may approve extensions of time for PD Permits/Plans, including those approved by the Planning Commission or City Council, in accordance with the following:
a. Such extensions shall be approved only when it is found that the circumstances under which the permits were granted have not substantially changed.
b. At the discretion of the Director, such extensions shall be approved for not more than two years. Any requests for extensions beyond two years shall be reviewed by City Council.
G. Amendments of Approved Plans.
1. Amended Plans.
Amendments to a PD Overlay Zone or PD Permit/Plan may be requested by the applicant or its successors. Amendments to the approved Permit/Plan shall be classified as major or minor amendments.
Upon receipt of an amendment application, the Director shall determine if the proposed amendment constitutes a major or minor amendment.
2. Major Amendments.
Major amendments to an approved PD Overlay zone or PD Permit/Plan shall be considered by the City Council at a duly noticed public hearing. An amendment will be deemed major if it involves one or more of the following changes.
a. A change in the boundary of the PD Overlay Zone;
b. An increase or decrease in the number of dwelling units for the PD Overlay Zone that is greater than the maximum or less than the minimum stated in the PD Permit/Plan; c. An increase or decrease in the floor area for any non-residential land use that results in the floor area exceeding the minimum or maximum stated in the PD Permit/Plan;
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d. Any change in land use or density that is likely to negatively impact or burden public facilities and utilities infrastructure as determined by the Public Works Director; e. Any change in land use or density that is likely to negatively impact or burden circulation adjacent to the PD Overlay Zone or to the overall major street system, as determined by the Public Works Director; or
f. Any other proposed change to the PD Permit/Plan or the conditions of approval that substantively alters one or more of its components as determined by the Director.
3. Minor Amendments.
Amendments not meeting one or more of the criteria listed in this Section shall be considered minor if they are consistent with and would not change any original condition(s) of approval. Minor Amendments may be approved by the Director.
H. Project Review.
Plans for a project in a PD Overlay Zone shall be accepted for planning and building permits or subdivisions only if they are consistent with an approved PD Permit/Plan and any conditions of approval. No project may be approved and no building permit shall be issued unless the project, alteration or use is consistent with an approved PD Permit.
6.05.02. Development Agreements
A. Purpose.
This Section establishes procedures and requirements for considering and entering into legally binding agreements with applicants for development projects, as provided for in State law. Such agreements provide a greater degree of certainty than the normal permit approval process by granting assurance that an applicant may proceed with development in accord with policies, rules, and regulations in effect at the time of the approval, subject to conditions to promote the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved.
B. Applicability.
1. The City incorporates by reference the provisions of Government Code Sections 65864- 65869.5. In the event of any conflict between those statutory provisions and this Chapter, the statutes shall control.
2. A development agreement may be considered for a proposed development that will require a developer to make a substantial investment at the early stages of the project for planning and engineering for the entire project and for public facilities and services.
C. Review Authority.
1. The Director shall negotiate the specific components and provisions of the Development Agreement on behalf of the City for Planning Commission review (if applicable) and recommendation to the City Council.
The Director may request input from other affected Departments as needed.
2. If the Development Agreement involves a land use matter, the Planning Commission shall act as the advisory body and review the Development Agreement to provide recommendation to the City Council.
If the Development Agreement does not involve a land use matter, it shall go directly to the City Council for review and decision-making.
3. The City Council shall act as the Review Authority, and after receiving recommendations from the Planning Commission (if the development agreement involves a land use matter), may adopt, reject, or modify a Development Agreement based on consideration of the requirements of this Chapter.
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D. Procedures.
An applicant for a development project may request that the City review the application as a Development Agreement application in accordance with the following procedures. The City incorporates by reference the provisions of Government Code Sections 65864-65869.5. In the event of any conflict between these statutory provisions and this Section, this Section shall control.
1. Application Requirements.
Applications for Development Agreements shall be filed with the Community Development Department in accordance with the provisions set forth in Section 6.03.03 (Application Forms and Fees, and Reapplications). In addition to any other application requirements, the application for a Development Agreement shall include data or other evidence in support of the applicable findings required by Subsection G (Required Findings) of this Section.
2. Contents of Development Agreements.
a. Required Contents. A Development Agreement shall specify its duration, the permitted uses of the subject property, the general location and density or intensity of uses, the general location, maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. It shall contain provisions concerning its transferability (assignment). b. Additional Contents. Development Agreements may also include the following:
i. Improvements and Fees. A Development Agreement may include requirements for construction and maintenance of onsite and offsite improvements or payment of fees in lieu of such dedications or improvements.
ii. Conditions. A Development Agreement may also include conditions, terms, restrictions, and requirements for subsequent discretionary actions but does not eliminate the applicant’s responsibility to obtain all required land use approvals. iii. Phasing. A Development Agreement may provide that the project be constructed in specified phases, that construction shall commence within a specified time, and that the project or any phase thereof be completed within a specified time.
iv. Financing. If the Development Agreement requires applicant financing of necessary public facilities, it may include terms relating to subsequent reimbursement over time for such financing. v. Indemnity. A Development Agreement may contain an indemnity clause requiring the applicant to indemnify and hold the City harmless against claims arising out of or in any way related to the actions of applicant in connection with the application or the development process, including all legal fees and costs.
vi. Performance Obligation Fees. A Development Agreement may include provisions to guarantee performance of obligations stated in the agreement.
vii.Other Items. Other components and provisions as negotiated by the City.
3. Application Completeness.
The Director shall review the application to determine whether or not it is complete. If it is found that the application is complete, the Director shall accept it for filing. If the application is found to be incomplete, the Director shall refuse to accept the application for filing and shall inform the applicant in writing of the items necessary to properly complete the application.
4. Concurrent Processing.
It is the intent of this Section that the application for a Development Agreement will be made and considered simultaneously with the review of other necessary applications, including, but not limited to Development Code text amendments, rezoning, Planned Development permits, and Conditional Use Permits. If combined with an application for rezoning, Planned Development, or Conditional Use Permit, the application for a Development Agreement shall be submitted with said application and shall be processed, to the maximum extent possible, jointly to avoid duplication of hearings and repetition of information. A Development Agreement is not a substitute for, nor an alternative to, any other required permit or approval, and the qualified applicant or developer must comply with all other required procedures for development approval.
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E. Planning Commission Hearings and Recommendations.
1. Notice.
Public notice of hearings by the Planning Commission for a Development Agreement shall be given as specified in Section 6.03.08 (Public Notice). Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.
2. Hearing.
The Planning Commission shall conduct a public hearing for making recommendations to the City Council in conformance with the provisions of Section 6.03.08 (Public Notice).
3. Recommendation to Council.
Following the public hearing, the Planning Commission shall make a written recommendation on the proposed Development Agreement. The Director shall transmit the Planning Commission’s written recommendation and complete record of the application to the City Council for action.
F. City Council Hearings and Actions.
1. Applicant Execution of Agreement.
A proposed Development Agreement shall be executed by the Applicant before it is placed before City Council for consideration at a public hearing.
2. Notice.
Public notice of hearings by the City Council for a Development Agreement shall be given as specified in Section 6.03.08 (Public Notice). Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.
3. Hearing.
After receiving the report from the Planning Commission but no later than the time specified by Section 65943 of the Government Code, the City Council shall hold a public hearing in conformance with the provisions of Section 6.03.09 (Public Hearings).
4. Decision.
After the City Council completes the public hearing, the City Council shall approve, modify, or deny the Development Agreement. Approval of a Development Agreement shall be by ordinance. The ordinance shall refer to and incorporate by reference the text of the Development Agreement. Matters not previously considered by the Planning Commission during its hearing may, but need not, be referred to the Planning Commission for report and recommendation. The Planning Commission may, but need not, hold a public hearing on matters referred to it by the City Council.
G. Required Findings.
After the public hearing, the City Council may approve, modify or disapprove the proposed Development Agreement. The City Council shall make the following findings for the approval of a Development Agreement:
1. The proposed Development Agreement and its provisions are consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan. This requirement may be satisfied by a finding that the provisions of a proposed Development Agreement are consistent with proposed General Plan or specific plan provisions to be adopted concurrently with the approval of the proposed Development Agreement.
2. The proposed Development Agreement and its provisions will not adversely affect the orderly development of property or the preservation of property value.
3. The proposed Development Agreement and its provisions will not be detrimental to the health, safety and general welfare.
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H. Execution and Recordation.
Within 10 days after the ordinance approving the Development Agreement takes effect, the City Manager or his/ her designee shall execute the Development Agreement on behalf of the City. The City Clerk shall record the fully executed Development Agreement with the County Recorder.
I. Periodic Review.
The applicant shall be required to demonstrate compliance with the provisions of the Development Agreement at least once a year, at which time the City Manager or his/her designee shall review each approved Development Agreement. The City Manager shall provide a written report to the City Council on the status and performance of each Development Agreement.
1. Finding of Compliance.
If the City Manager or his/her designee, based on substantial evidence, finds compliance by the applicant with the provisions of the Development Agreement, no action is required.
2. Finding of Noncompliance.
If the City Manager or his/her designee finds the applicant has not complied with the provisions of the Development Agreement, the Director may issue a finding of noncompliance which may be recorded by the City with the County Recorder after it becomes final. The Director shall specify in writing to the applicant the respects in which the applicant has failed to comply and shall set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If the applicant does not comply with any terms of compliance within the prescribed time limits, the Development Agreement shall be subject to termination or revision pursuant to this Chapter.
3. Appeal of Determination.
Within 10 days after issuance of a finding of noncompliance, any interested person may file a written appeal of the finding with the City Council. The appellant shall pay fees and charges for the filing and processing of the appeal in amounts established by resolution of the City Council. The appellant shall specify the reasons for the appeal. The issuance of a finding of compliance or finding of noncompliance and the expiration of the appeal period without appeal, or the confirmation by the City Council of the issuance of the finding on such appeal, shall conclude the review for the applicable period and such determination shall be final.
J. Amendment or Cancellation.
1. Mutual Agreement.
Any Development Agreement may be canceled or amended by mutual consent of the parties following compliance with the procedures specified in this Section. A Development Agreement may also specify procedures for administrative approval of minor amendments by mutual consent of the applicant and City Manager or his/her designee.
2. After Finding of Noncompliance.
If a finding of noncompliance does not include terms of compliance, or if the applicant does not comply with the terms of compliance within the prescribed time limits, the City Manager or his/her designee may refer the Development Agreement to the City Council for termination or revision. After the public hearing, the City Council may terminate the Development Agreement, modify the finding of noncompliance, or rescind the finding of noncompliance and issue a finding of compliance.
3. Recordation.
If the parties to the agreement or their successors in interest amend or cancel the Development Agreement, or if the City terminates or modifies the Development Agreement for failure of the applicant to fully comply with the provisions of the Development Agreement, the City Clerk shall record notice of such action with the County Recorder.
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4. Rights of the Parties After Cancellation or Termination.
If a Development Agreement is cancelled or terminated, all rights of the applicant, property owner, or successors in interest under the Development Agreement shall terminate. If a Development Agreement is terminated following a finding of noncompliance, the City may, in its sole discretion, determine to return all benefits, including reservations or dedications of land and payments of fees received by the City.
K. Effect of Approved Agreement.
1. Existing Rules and Regulations.
Unless otherwise specified in the Development Agreement, the City’s rules, regulations, and official policies governing permitted uses of the property, density and design, and improvement standards and specifications applicable to development of the property shall be those City rules, regulations, and official policies in force on the effective date of the Development Agreement.
2. Future Rules and Regulations.
A Development Agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations and policies that do not conflict with those rules, regulations and policies applicable to the property as set forth in the Development Agreement. A Development Agreement shall not prevent the City from denying or conditionally approving any subsequent land use project or authorization for the project on the basis of such rules, regulations, and policies. Unless otherwise specified in the Development Agreement, a Development Agreement shall not exempt the applicant from obtaining future discretionary land use approvals.
3. State and Federal Rules and Regulations.
In the event that any regulation or law of the State of California or the United States, enacted or interpreted after a Development Agreement has been entered into, prevents or precludes compliance with one or more provisions of the Development Agreement, then the Development Agreement may be modified or suspended in the manner and pursuant to the procedures specified in the Development Agreement, as may be necessary to comply with such regulation or law.
L. Enforcement.
The procedures for enforcement, revision, cancellation, or termination of a Development Agreement specified in this Section and in Government Code Section 65865.4 or any successor statute are non-exclusive. A Development Agreement may be enforced, revised, cancelled, or terminated by any manner otherwise provided by law or by the provisions of the Development Agreement.
6.05.03. Specific Plans
A. Purpose.
The purpose of this chapter is to provide a process for preparing, processing, reviewing, adopting, and amending Specific Plans in compliance with State law (Government Code Section 65450 et seq. or as this subsection may be amended/replaced from time to time).
B. Intent and Relationship to Zoning.
1. A Specific Plan shall be utilized to provide more flexibility to encourage a more creative development approach that will result in a more efficient, aesthetically pleasing, and desirable use of land than might be normally allowed under the zone and associated development standards applied to the property(ies).
2. A Specific Plan shall not be an alternative to adopted development regulations of the City unless an applicant can demonstrate that the specific plan achieves one or more of the following:
a. Provides for community benefits beyond those normally required under existing development regulations.
b. Preserves open space, identified environmentally sensitive areas, natural vegetation and significant trees, watercourses, historic buildings and places and other features of value to the community.
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c. Provides for efficient street and utility systems through the clustering of structures.
3. A Specific Plan adopted by ordinance shall replace the base zone for the subject property, and the development standards and guidelines identified in the Specific Plan shall take precedence over the general standards and guidelines contained in this Code.
C. Applicability.
At the discretion of the Director, a Specific Plan may be required under the following circumstances:
1. If the General Plan requires preparation of a Specific Plan for a particular geographic area;
2. For areas included within the City’s sphere of influence and proposed for annexation to the City to address unique biological resources or create fiscal benefits for the city or enhance infrastructure; and
3. As a tool to assist in the comprehensive master planning of non-residential project sites.
D. Review Authority.
1. The Director shall negotiate the specific components and regulations of the Specific Plan on behalf of the City for Planning Commission review and recommendation to the City Council. The Director may request input from other affected Departments as needed.
2. The Planning Commission shall act as the advisory body and review the Specific Plan to provide recommendation to the City Council.
3. The City Council shall act as the Review Authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify a Specific Plan based on consideration of the requirements of this Section.
E. Minimum Project Area.
1. The minimum project area for a privately initiated Specific Plan shall be 100 acres. For publicly initiated Specific Plans, there shall be no minimum project area size
2. The project area may be one parcel under single ownership or a combination of adjoining parcels subject to a unified planning concept with written concurrence of one or more applicable property owners.
F. Procedures.
1. Initiation and Pre-submittal Requirements. A Specific Plan may be initiated in the following manner:
a. By City Council minute order direction;
b. By an application being filed by or on behalf of the owner(s) of one or more parcels which would be the subject of the Specific Plan. If initiated by an applicant, the following should first occur:
i. A pre-application conference shall be conducted before the filing of a Specific Plan with the City.
Pre-application meetings shall be conducted in conformance with Section 6.03.04 (Pre-Application Review and Conferences); and
ii. Before submittal of a Specific Plan, a minimum of two neighborhood meetings shall be held to identify potential community impacts and concerns relating to the proposed Specific Plan.
Neighborhood meetings shall be conducted in conformance with Section 6.03.05 (Neighborhood Review Meetings).
2. Preparation and Content.
a. The applicant shall prepare a draft Specific Plan for review by the City that includes detailed information in the form of text and diagram(s), organized in compliance with State law (Government Code Section 65451).
b. The following information shall be provided:
i. The distribution, location, and extent of land uses proposed within the area covered by the Specific Plan, including open space areas;
ii. The proposed distribution, extent, intensity, and location of major components of public and private circulation/transportation, drainage, energy, sewers, solid waste disposal, water, and other essential facilities proposed to be located within the Specific Plan area and needed to support the proposed land uses;
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iii. Standards, criteria, and guidelines by which development would proceed, and standards for the conservation, development, and utilization of natural resources, where applicable; iv. A program of implementation measures, including financing, regulations, programs, and public works projects, necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria;
v. A discussion of the relationship of the Specific Plan to the actions, goals, objectives, and policies of the adopted General Plan inclusive of detailed analysis as to how the Specific Plan complies with the actions, goals, objectives, and policies;
vi. The Specific Plan shall contain additional information deemed to be necessary by the Director based on the characteristics of the area to be covered by the plan, applicable actions, goals, objectives, and policies of the General Plan, or any other issue(s) determined by the Director to be significant.
c. The Specific Plan application shall be accompanied by a market study prepared by a qualified real estate professional and/or land use economist that analyzes the “highest and best use” land use considerations for the property(ies) being considered for the Specific Plan; and d. The Specific Plan application shall be accompanied by appropriate environmental analysis addressing compliance with the provisions of CEQA that assesses whether there will be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless findings are made in compliance with CEQA. This environmental analysis may be accompanied by one or more relevant supporting studies addressing environmental topical areas including but not limited to transportation, air quality, biological resources, water quality, noise, aesthetics, and cultural resources.
3. Application Filing, Processing, and Review.
a. A draft Specific Plan and application shall be filed with the Community Development Department and shall be accompanied by written and graphic documents intended to substantiate the request on a form provided by the Department. The draft plan shall be processed in the same manner as required for general plans by State law.
b. The required fee established by the City’s fee resolution shall be submitted at the same time as the application submittal.
c. After the filing of an application draft Specific Plan, the Director or his/her designee shall review the draft plan and associated documents to determine whether it is in compliance with the provisions of the submittal requirements for the processing for a Specific Plan. d. If the application for the draft plan is not in compliance, a notice of incompleteness shall be issued to the applicant with written specification(s) as to why it does not comply and with suggested revisions to ensure compliance.
e. When the applicant resubmits the required elements needed for a completeness determination to the department and the Director determines it is complete and in compliance with this Section, the proposed Specific Plan application shall be deemed to be accepted for processing. f. The draft Specific Plan shall be subject to environmental review pursuant to the provisions of the CEQA.
4. Concurrent Processing.
It is the intent of this Section that the application for a Specific Plan will be made and considered simultaneously with the review of other necessary applications, including, but not limited to rezoning, planning review applications, and Conditional Use Permits. If combined with an application for rezoning, planning review application, or Conditional Use Permit, the application for a Specific Plan shall be submitted with said application and shall be processed, to the maximum extent possible, jointly to avoid duplication of hearings and repetition of information. A Specific Plan is not a substitute for, nor an alternative to, any other required permit or approval, and the qualified applicant or developer must comply with all other required procedures for development approval. The applicant shall proceed at known risk and any decision for the other associated applications shall be contingent upon the City Council’s approval of the Specific Plan.
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G. Planning Commission Hearings and Recommendations.
1. Notice.
Public notice of hearings by the Planning Commission for a Specific Plan shall be given as specified in Section 6.03.08 (Public Notice). Notice of the hearing(s) shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Specific Plan.
2. Hearing.
The public hearing(s) shall be held after transmittal to and receipt of comments from other City Departments and external review agencies, required noticing, as applicable, to Native American Indian tribes, the conduct of required environmental analysis and associated noticing, as applicable, and the conduct of required public noticing. The Planning Commission shall conduct one or more public hearings for making recommendations to the City Council in conformance with the provisions of Section 6.03.09 (Public Hearings).
3. Recommendation to City Council.
Following the conclusion of the public hearing process, the Planning Commission shall recommend to the City Council the approval, approval in modified form or disapproval based on making required findings per Subsection I (Required Findings) of this Section. The Director shall transmit the Planning Commission’s written recommendation and complete record of the application to the City Council for final action.
H. City Council Hearings and Actions.
1. Notice.
Public notice of hearings by the City Council for a Specific Plan shall be given as specified in Section
6.03.08 (Public Notice). Notice of the hearing(s) shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.
2. Hearing.
After receiving the report from the Planning Commission but no later than the time specified in Section 65943 of the Government Code, the City Council shall hold a public hearing in conformance with the provisions of Section 6.03.09 (Public Hearings).
3. Decision.
After the City Council completes the public hearing(s), the City Council shall approve, modify, or deny the Specific Plan. Approval of a Specific Plan shall be by ordinance in compliance with State law (Government Code Section 65453). The ordinance shall refer to and incorporate by reference the text of the Specific Plan. If there are any substantial change(s) to the Specific Plan that were not considered by the Planning Commission at time of Council review and consideration, the Council may refer the Specific Plan back to the Commission for its recommendation on said changes, in compliance with State law (Government Code Section 65356). The failure of the Planning Commission to report within 45 days after the referral, or within the time set by the City Council, shall be deemed a recommendation for approval.
I. Required Findings.
After the public hearing, the City Council may approve, modify, or disapprove the Specific Plan. The City Council shall make the following findings for the approval of a Specific Plan:
1. The proposed Specific Plan is consistent with the General Plan and all relevant elements and is not inconsistent with any element thereof;
2. The proposed Specific Plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the city;
3. The subject property(ies) proposed for the Specific Plan is physically suitable for the requested land uses and physical site development;
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4. The Specific Plan provides for community benefits beyond those normally required under existing development regulations;
5. The Specific Plan preserves open space, identified environmentally sensitive areas, natural vegetation and significant trees, watercourses, historic buildings and places, and other features of value to the community;
6. The Specific Plan provides for efficient street and utility systems through the clustering of structures;
7. The Specific Plan utilizes innovative methods and concepts not readily available under traditional subdivision and zoning methods;
8. The Specific Plan prescribes reasonable controls and standards for affected land uses to ensure compatibility and integrity of those uses with other established uses;
9. The Specific Plan provides reasonable property development rights while protecting environmentally sensitive land uses and species;
10. The proposed Specific Plan ensures development of desirable character which would be harmonious with existing and proposed development in the surrounding neighborhood;
11. The Specific Plan has been designed to provide for flexibility, innovative use of land resources and development, a variety of housing and other development types, and an equitable method of transportation access;
12. The Specific Plan is not an alternate to adopted development regulations of the City because the applicant has substantively demonstrated that the Specific Plan achieves one or more of the following:
a. Provides for community benefits beyond those normally required under existing development regulations.
b. Preserves open space, identified environmentally sensitive areas, natural vegetation and significant trees, watercourses, historic buildings and places and other features of value to the community. c. Provides for efficient street and utility systems through the clustering of structures.
13. There are existing or planned public and private infrastructure available to the subject property(ies) proposed for the Specific Plan. If one or more public or private infrastructure is not currently available to serve the project, the applicant shall bear the burden of proof in demonstrating how such service will be provided;
14. The Specific Plan is the “highest and best use” of the land relative to the requested change in allowable land uses, development intensity and/or density, and development standards as compared against the current zoning applied to the property(ies) being proposed for the application of the Specific Plan; and
15. The proposed project has been reviewed in compliance with the provisions of CEQA and there would be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless findings are made in compliance with CEQA.
J. Execution and Implementation.
1. After the adoption of a Specific Plan, a public works project, a tentative map or parcel map, or an amendment to this Code may be approved/adopted within an area covered by a Specific Plan only if it is first found consistent with the Specific Plan.
2. Implementation of development projects within an area covered by a Specific Plan shall require the filing and approval of all applicable development permits unless filed and reviewed concurrently with the Specific Plan application.
3. The Council may impose a Specific Plan fee surcharge on development permits and approvals within the Specific Plan area, in compliance with State law (Government Code Section 65456).
K. Amendments.
1. A Specific Plan may be amended through the same procedure specified by this Section for the approval of a Specific Plan.
2. The Specific Plan may be amended as often as deemed necessary by the Council, in compliance with State law (Government Code Section 65453).
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6.06. GENERAL PLAN AND ZONING
AMEND MENT S
6.06.01. Amendments to the General Plan,
Development Code, and Zoning Map
A. Purpose.
This Chapter establishes procedures for consideration and review of amendments to the General Plan, Development Code, and/or Official Zoning Map, when there are compelling reasons to do so. More specifically, this Chapter addresses:
1. Amendments to the General Plan, to address changes in State or Federal law and problems and opportunities that were unanticipated at the time of adoption or the last amendment; and
2. Amendments to the Development Code and Zoning Map, whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the General Plan.
B. Applicability.
The procedures in this Chapter shall apply to:
1. All proposals to change the text of the General Plan and the maps that illustrate the application of its provisions; and
2. All proposals to change the text of this Development Code or to revise a zone or boundary line shown on the Zoning Map.
C. Review Authority.
The Planning Commission shall act as the advisory body for all amendments to the General Plan, Development Code, and Zoning Map and provide recommendations to the City Council. The City Council shall act as the Review Authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify all amendments to the General Plan, Development Code, and Zoning Map.
D. Initiation of Amendment.
An Amendment to the General Plan, Development Code, or Zoning Map may be initiated by any qualified applicant identified in Section 6.03.03 (Application Forms and Fees, and Reapplications), the Community Development Director, or by a motion of the City Council or Planning Commission.
E. Procedures.
1. Application.
A qualified applicant shall submit an application accompanied by the required fee, pursuant to Chapter
6.03 (Common Procedures). The Community Development Department may require an applicant to submit such additional information and supporting data as considered necessary to process the application. The Community Development Department may allow amendments to the General Plan, Development Code, and Zoning Map to be processed concurrently with other applications.
2. Staff Report.
The Director shall prepare a report and recommendation to the Planning Commission on any amendment application. The report shall include, but is not limited to, a discussion of how the proposed amendment meets the criteria in Subsection I (Criteria for Zoning Amendments) of this Section (if applicable), as well as an environmental document prepared in compliance with the CEQA. Applications involving projects for which an environmental document is required shall not be heard until the environmental assessment procedures required by CEQA are satisfied.
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3. Public Hearing and Notice.
All Amendments to the General Plan, Development Code, and Zoning Map shall be referred to the Planning Commission, which shall conduct at least one public hearing on any proposed amendment. At least 10 days before the date of any public hearing, the Planning Division shall provide notice as provided for in Section 6.03.08 (Public Notice). Notice of the hearing also shall be mailed or delivered to any local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment.
F. Planning Commission Hearing and Recommendation.
1. Planning Commission Hearing.
Before submitting a recommendation report to the City Council, the Planning Commission shall conduct at least one public hearing in accordance with Section 6.03.09 (Public Hearings).
2. Recommendation to City Council.
Following the public hearing, the Planning Commission shall make a recommendation on the proposed amendment to the City Council. Such recommendation shall include the reasons for the recommendation, findings related to Subsection I (Criteria for Zoning Amendments) of this Section, and the relationship of the proposed amendment to other adopted documents. The recommendation shall be transmitted in the form of a Council memo, prepared by the Community Development Department, with a copy of the approved minutes from the Planning Commission meeting.
G. City Council Hearing and Action.
1. City Council Hearing.
After receiving the recommendation from the Planning Commission, the City Council shall hold one or more hearings in accordance with Section 6.03.09 (Public Hearings). The notice for the hearing shall include a summary of the Planning Commission recommendation.
2. City Council Action.
After the conclusion of the hearing(s), the City Council may approve, modify, or deny the proposed amendment. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption.
H. Criteria for General Plan Amendments.
The Planning Commission shall not recommend and the City Council shall not approve an amendment to the General Plan unless the proposed amendment meets the following criteria:
1. The proposed amendment is internally consistent with other applicable provisions of the General Plan;
2. The proposed amendment is in conformance with the goals, policies, and objectives of the General Plan;
3. The proposed amendment would maintain the appropriate balance of land uses within the city;
4. The proposed amendment is compatible with existing or proposed uses in the area, and would not create an “island” or spot land use designation inconsistent with the intent and policies of the General Plan, or with the density or land uses of surrounding properties;
5. In the case of an amendment to the General Plan Land Use Map, the subject parcels are physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints), for the requested land use designation and the anticipated land use developments;
6. The proposed amendment would not be detrimental to the public interest, health, safety, and general welfare; and
7. The proposed amendment is in compliance with the provisions of CEQA.
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I. Criteria for Zoning Amendments.
The Planning Commission shall not recommend and the City Council shall not approve an amendment to the Development Code and/or Zoning Map unless the proposed amendment meets the following criteria:
1. The amendment is consistent with the General Plan;
2. The proposed amendment is internally consistent with other applicable provisions of the Code;
3. Any change in zone boundaries is consistent with the General Plan and is necessary to achieve the balance of land uses desired by the City;
4. The amendment will promote the growth of the city in an orderly manner and promote and protect the public health, safety, peace, comfort, and general welfare; and
5. The proposed amendment is in compliance with the provisions of the CEQA.
6.06.02. Pre-Zoning
A. Purpose.
The purpose of this Chapter is to establish a procedure for zoning property upon annexation.
B. Applicability.
Unincorporated territory adjoining the city may be pre-zoned for determining the zoning that will apply to such property upon annexation.
C. Procedure.
Zoning of property to be annexed shall be established through initiation and processing according to the procedures established in this Chapter.
D. Notification of the Board of Supervisors.
In addition to any other public notice required per Section 6.03.08 (Public Notice), the City shall, as a part of any rezoning request, notify the Board of Supervisors of the County of the proposed application of the pre-zoning process.
E. Effective Date of Zoning.
Territory annexed to the city, shall, upon the date that the annexation becomes effective, become a part of the study district, unless the City Council determines otherwise by ordinance. The zoning shall be temporary and the Planning Commission shall recommend to the City Council within a period not to exceed one year a final zoning plan for the annexed territory.
F. Property Classification.
The pre-zoning designation as approved shall be shown on the Zoning Map with a “UA” prefix attached to the designation to indicate upon annexation, for example “SN-4 (UA).” Once the annexation is completed, the UA additive shall be removed.
G. Annexation Schedule and Time Limits.
Any pre-zoning classification may be subject to a specific timetable for annexation of all or part of the property to the city. The City reserves the right to review annually whether the pre-zoned property is being annexed to the city in conformity with the timetable, and the City Council may, and expressly reserves the right and power, to revoke the pre-zoned classification solely upon the ground that annexation has not taken place according to the timetable.
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6.07. NONCON FORMING
PROVISION S
6.07.01. Purpose
This Chapter is intended to permit continuation of uses and continued occupancy and maintenance of structures that were legally established but do not comply with all of the standards and requirements of this Title in a manner that does not conflict with the General Plan. To that end, this Chapter establishes the circumstances under which a nonconforming use or structure may be continued or changed and provides for the removal of nonconforming uses and structures when their continuation conflicts with the General Plan and public health, safety, and general welfare.
6.07.02. Applicability
This Chapter applies to structures, land, and uses that have become nonconforming by initial adoption of or amendments to this Code. It also applies to nonconformities that were legal nonconformities under previously applicable ordinances, even if the type or extent of nonconformity is different. Regulations on non-conforming signs and sign enforcement can be found in Chapter 3.05 (Signs).
6.07.03. Determination of Nonconformity Status
A. Burden of Proof.
The burden of establishing that any nonconformity is a legal nonconformity shall, in all cases, be solely upon the owner of such nonconformity.
B. Appeal of Determination.
Any person, firm, or corporation aggrieved by a decision of the Director’s determination of nonconformity in interpreting, applying, or enforcing this Chapter, may file an appeal in compliance with Section 6.03.13 (Appeals).
6.07.04. Nonconformities, Generally
Any lawfully established use or structure that is in existence on the Effective Date of this ordinance or any subsequent amendment thereto but does not comply with the standards and requirements of this Code shall be considered nonconforming.
A. A nonconformity may result from any inconsistency with the requirements of this Code including, but not limited to, use, location, density, floor area, height, or setback.
B. A lawfully existing use that was authorized by a previously approved permit or approval (e.g., Conditional or Administrative Use Permit, Variance, etc.), but is not allowed by this Code in its current location, may continue to exist in compliance with the original permit approval and shall be deemed nonconforming.
C. A use lawfully existing without a permit that would require a permit under the current Code (e.g., a Conditional Use Permit was not required when the use was established, and the current Code now requires a Conditional Use Permit for that use) shall be allowed to operate to the extent that it previously operated (e.g., maintains the same site area boundaries, hours of operation, etc.) and shall be deemed nonconforming.
Any use that is nonconforming solely by reason of the absence of a Use Permit may be changed to a conforming use by obtaining the appropriate Use Permit pursuant to the requirements in Section 6.04.04 (Use Permits).
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D. Nonconforming uses, structures, and/or physical improvements which lawfully exist on the date the property is annexed to the city, and which do not conform to this Code and any other relevant City document, may continue to exist and, upon annexation, shall be deemed nonconforming and subject to the provisions of this Chapter.
E. Exceptions.
No existing use of land or existing structure shall be deemed nonconforming solely because it was previously used and/or developed without site improvements required by this Code, including but not limited to parking, paving, screening, landscaping, lighting, drainage, etc. Said use or structure shall retain conforming status for as long as the use or structure remains unmodified. If the use or structure is also nonconforming because a Use Permit is required, then the provisions of Subsection D above shall apply
6.07.05. Projects Under Construction
A nonconforming structure that began construction under an active building permit prior to a change in regulations in this Code, which would make the structure nonconforming once completed, may be completed per approved building permit and plans and shall be deemed a previously conforming structure.
6.07.06. Right to Continue
Any use or structure that was lawfully established prior to the effective date of this Code or of any subsequent amendments to its text or to the Zoning Map may only be continued and maintained provided there is no alteration, enlargement, addition, or other change to any building or structure or use therein; or no substitution, expansion, or other change including an increase in occupant load or any enlargement of the area, space, or volume occupied by or devoted to such use, except as otherwise provided in this Chapter.
A. Nonconforming uses must comply with applicable City, County, State, and Federal laws regarding their operations, including compliance with all performance standards set for this code (see Chapter 3.04 (Performance Standards)).
B. The right to continue a nonconforming use or structure shall attach to the land and shall not be affected by a change in ownership, tenancy, or management.
C. The right to continue a nonconforming use or structure shall not apply to uses or structures determined by the Planning Commission or City Council as described in this Chapter to be a public nuisance arising from conditions that constitute a threat to public health, safety, or general welfare.
D. The right to continue a nonconforming use or re-occupy a nonconforming structure shall terminate if the nonconforming use has been abandoned or the nonconforming structure has been vacated for the relevant period described in Section 6.07.13 (Abandonment and Loss of Legal Nonconforming Status).
6.07.07. Phasing of Compliance.
Partial conversions of properties or structures to bring them into better compliance with this Code are permitted and encouraged. This applies to nonconforming outdoor activities such as product storage or parking. When a portion of a property, structure, or use is converted to bring it into conformance in phases, the owner does not waive the right to maintain previously allowed uses of other parts of the building or property under the conditions established in this Chapter.
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6.07.08. Ownership of Multiple Parcels
For the purposes of this Chapter, multiple contiguous parcels under the same or substantially the same ownership or control, shall be treated as if they were a single parcel or property, for enforcement of nonconforming use or building, including outdoor activities such as storage of product or parking. Ownership for the purposes of this Chapter is defined as the same or similar business ownership structure.
6.07.09. Maintenance and Repairs
Incidental repairs, normal maintenance, and interior alterations of nonconforming structures shall be permitted if the changes and improvements do not increase the extent of the nonconformity, enlarge the structure, change the building footprint, or increase building height or roof pitch, and are not otherwise expressly prohibited by this Code. This excludes any improvements required to meet accessibility requirements. Nothing in this Chapter shall be construed to prevent structures from being structurally strengthened or restored to a safe condition, in accordance with an official order of a public official.
6.07.10. Change of Use
A nonconforming use may only be changed to a use allowed in the zone in which it is located. A nonconforming use shall not be changed to another nonconforming use. Once a nonconforming use is converted to a conforming use, it shall not be changed back to a nonconforming use.
6.07.11. Additions and Expansions to
Nonconforming Structures
Additions or expansions of a nonconforming structure or use are permitted subject to the approval of the Director through Zoning Clearance/building permit process, as provided below. The addition or enlargement shall not increase the extent of the nonconformity and shall comply with all applicable laws and requirements of this Code.
Alterations or expansions of any nonconforming use that bring the land use or structure into partial or full compliance shall be permitted if the proposed improvements comply with the design and development standards of this Code, and the requirements of this Chapter. Such improvements will not be subject to the one-time expansion limitation.
A nonconforming structure shall not be moved in whole or in part to any other location unless the move results in the entire structure being brought into compliance with all applicable zone regulations and development standards of this Code.
A. One-Time Expansion of Nonconforming Structures.
A one-time expansion of up to 10 percent of the existing square footage is permitted, provided the following:
1. The expansion does not add residential units;
2. The expansion does not increase the number of stories; and
3. The expansion does not reduce the number of existing on-site parking spaces or access to the building.
B. Nonconforming Setbacks, Residential Zones.
In Residential zones, a nonconforming setback may be maintained and extended, and shall not be considered an increase in the discrepancy, provided that:
1. A new encroachment into any other required setback is not created;
2. The height of the portion of the structure that is within the required setback is not increased; and
3. Any residential additions above the first floor shall conform to the setbacks in effect at the time the application for the addition is submitted.
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6.07.12. Repair and Replacement of Damaged or
Destroyed Nonconforming Structures
A nonconforming structure that is damaged or partially destroyed by fire, explosion, earthquake, or natural disaster that was not caused by an act or deliberate omission of a property owner, their agent, or person acting on their behalf or in concert with them, may be restored or rebuilt subject to the following provisions.
A. Restoration When Damage is 50 Percent or Less of Value.
If the cost of repair or reconstruction is less than or equal to 50 percent of the appraised value of the structure, replacement of the damaged portions of the structure is allowed by right provided that the replaced portions are the same size, extent, and configuration as previously existed. The determination of the appraised value shall be made by a professional appraiser selected by the City, whose fee shall be paid by the building or property owner.
B. Restoration When Damage Exceeds 50 Percent of Value.
If the cost of repair or reconstruction exceeds 50 percent of the appraised value of the structure, as determined pursuant to Subsection A above, the land and building shall be subject to the requirements of this Code, except as provided below.
1. Non-Residential Structures.
Any nonconforming use must permanently cease. The Director or Planning Commission may approve the structure, per the Planning Review process, to be rebuilt to the same size, extent, and configuration as previously existed provided that the use of the structure is permitted or conditionally permitted in the zone. In such cases, any expansion or change to the previous use must conform to the requirements of this Chapter.
2. Residential Structures.
Any nonconforming residential structure may be reconstructed, restored, or rebuilt up to the size and number of dwelling units prior to the damage and provided there is no increase in any other nonconformity. The nonconforming use, if any, may be resumed subject to a Zoning Clearance in the case of single-unit dwellings or Director/Planning Commission approval, per the Planning Review process, in the case of other residential uses, unless the review authority finds that the reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood.
C. Timing.
Building permits must be obtained within two years of the date of the damage or destruction, and construction shall be completed within one year of issuance unless another time period is specified by the Director. Building permits must be maintained valid through the completion of the project.
6.07.13. Abandonment and Loss of Legal
Nonconforming Status
Except for residential uses, if a nonconforming use ceases to operate for any reason for a period of more than one year, the use shall be considered abandoned. Once abandoned, the legal nonconforming status shall be lost, and the use shall not be resumed, reestablished, reopened, or replaced by any other nonconforming use, except as provided in this Chapter. It is the responsibility of the applicant to provide evidence demonstrating to the satisfaction of the Director that the use was legally established and has not been abandoned.
A. Abandonment.
The time period set forth above shall commence when the use ceases to operate, whether with the intent to abandon the use or not, and any one of the following occurs:
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1. The site is vacated;
2. The business license expires or is revoked;
3. Utilities are terminated; or
4. The applicable lease is terminated.
B. Notification and Abatement
The Director determines when land, structures, uses or outdoor activities have been abandoned and have lost their nonconforming status. The Director’s determination is subject to appeal to the Planning Commission pursuant to Section 6.03.13 (Appeals) of this Code. The property owner(s) and lessee shall be notified in writing of the determination and abatement requirements within 10 days.
Any abandoned nonconforming use or structure shall be abated, including clearing of the land and any associated equipment or materials, within six months of notification by the Director and/or Planning Commission. All future use of such land shall conform to the applicable zone and use provisions of this Code.
C. Extension of Abandonment Period.
The Director may approve an additional one-year time period during which the use will not be considered abandoned, provided that the Director finds that economic conditions warrant the additional time. If such additional time period is approved, the total period during which the use will not be considered abandoned shall not exceed two years from the date the use ceased to operate.
6.07.14. Nonconforming Site Conditions and
Improvements
A. Nonconforming Parking.
No existing use of land or existing structure, where parking for said use or structure was conforming at the time of establishment or modification, shall be deemed to be nonconforming solely because of the lack of parking or loading facilities prescribed in Chapter 3.03 (Parking and Loading). Uses that have off-street parking or loading that do not meet the requirements of this Code may continue in operation and retain conforming status for as long as the use or structure remains unmodified. Implications for modifications are addressed in Subsections 1 and 2, below.
1. Expansion of Multi-Family Residential and Non-Residential Structures.
For additions or expansions of existing structures or buildings that would increase the number of parking spaces required, the additional parking shall be required only for the addition or expansion or new dwelling units, and not for the preexisting structure or building or preexisting dwelling units. However, the Review Authority may grant a waiver of the parking requirement for the addition, enlargement, or new dwelling units if it is determined that sufficient parking is available on or near the site, and the project is consistent with the General Plan, otherwise consistent with the Code, and the waiver would not create a negative impact for neighboring properties.
2. Expansion of Single-Family Residential Structures.
Existing nonconforming single-family dwellings whose off-street parking facilities do not conform to the provisions of this Code may be expanded or added to a maximum of 20 percent of the existing structure without meeting current requirements for off-street parking. If the expansion or addition exceeds 20 percent of the existing structure, additional parking shall be required only for the addition or expansion.
3. Change in Use.
For any change of use or manner of operation that would increase the number of parking spaces required per Chapter 3.03 (Parking and Loading), no additional parking shall be required unless the change in use requires 15 percent or more parking spaces than currently exist. The number of parking spaces required for the change of use shall be the difference between the number required by Chapter 3.03 (Parking and Loading) and 115 percent of the number of spaces that currently exist.
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4. Changes to Parking Area.
Any changes to a parking area layout, loading area, circulation aisles, access, lighting, or landscaping may only occur when the change reduces or corrects an existing substandard condition; changes shall be subject to applicable permitting of this Code.
5. Major Renovations.
If an application is filed for a building permit(s) for the renovation or remodeling of a structure(s) that has one or more nonconforming site features, and the value of the proposed improvements totals 75 percent or more of the current total appraised value of the existing property, the applicant shall be required to address the nonconforming site features, including parking and loading in compliance with Chapter 3.03 (Parking and Loading).
B. Nonconforming Driveways.
Nonconforming residential and non-residential driveways may continue to be maintained and repaired until such a time that the driveway is reconstructed, fully or partially realigned, modified dimensionally, connected to a new structure, or a change is made to any structure on the parcel that would require that the structure be brought into compliance with current Code standards.
C. Nonconforming Landscaping and Screening.
No existing use of land or existing structure, where landscaping or screening for said use or structure was conforming at the time of establishment or modification, shall be deemed to be nonconforming solely because of the lack of landscaping and screening required by this Code. Uses that have nonconforming landscaping and screening shall retain conforming status for as long as the use or structure remains unmodified. Implications for modifications are addressed through Subsections 1 and 2 below.
1. Expansion of Structure.
For additions or expansions of existing structures that would increase the amount or type of landscaping or screening required, the additional landscaping or screening shall be required only for such addition or enlargement and not for the preexisting structure.
2. Change in Use.
For any change of use or manner of operation that would increase the amount or type of landscaping or screening required, such additional landscaping and/or screening shall be provided.
3. Major Renovations.
If an application is filed for a building permit(s) for the renovation or remodeling of a structure(s) that has one or more nonconforming site features, and the value of the proposed improvements totals 75 percent or more of the current total appraised value of the existing property, the applicant shall be required to address the nonconforming site features, including landscaping and screening in compliance with Chapter 3.03 (Parking and Loading).
D. Addition of Outdoor Storage Area Only.
When only outdoor operations/storage/display areas are being added or increased on a site, the percentage increase in outdoor operations area shall require 100 percent compliance with the screening and outdoor storage standards of this Code.
E. Exceptions.
Sites that are physically constrained (due to limited size, topography, or other environmental considerations) from complying with these provisions or where full compliance would negatively impact adjacent properties shall comply, to the maximum practical extent, as determined by the Director.
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6.07.15. Elimination and Abatement of
Nonconforming Uses and Structures
A. Elimination of Nonconforming Uses and Structures.
1. Nonconforming Uses Not Occupying a Structure or Occupying a Structure with Valuation Less Than $2,500.
The following nonconforming uses shall be discontinued and removed from their sites within three years from the effective date of this Code:
a. A nonconforming use which does not occupy a structure; or b. A nonconforming use occupying a structure having an appraised valuation of less than 2,500 dollars.
2. Other Nonconforming Uses.
The City Council may require other nonconforming uses to be discontinued and removed from their sites within a period determined pursuant to the process set forth in Subsection C.2 (Procedures) of this Section.
3. Elimination of Nonconforming Structures.
Nonconforming structures may continue except that the City Council may establish amortization periods for specific structures pursuant to Subsection C.2 (Procedures) of this Section.
B. Time for Elimination When Use or Structure Becomes Nonconforming.
Whenever a use or structure becomes nonconforming, the period of time prescribed in this Section for the elimination of the use or the removal of the structure is computed from the effective date of the change that results in the nonconforming status of the use or structure.
C. Revocation of Nonconforming Use or Structure.
The City Council may revoke or modify the nonconforming status of the use or structure upon finding that the nonconforming use or structure has been or will be materially detrimental or injurious to the neighborhood or public health and welfare, as shown by substantive evidence, as follows:
1. Public Noticing.
Notice shall be mailed to the recorded owner and lessee of the property not less than 20 days before the date of the public hearing. The notice shall state the facts concerning the impending action and shall request appearance by said owner at the time and place specified for the hearing, to show cause why the nonconforming status should not be revoked.
2. Procedures.
Where a nonconforming uses or structure is recommended to be discontinued and removed from the site, such period shall be established as follows.
a. The Director shall submit the nonconforming use or structure and a recommended amortization period, based on the criteria set forth in this Subsection to the Planning Commission for review. b. The Planning Commission shall hold a public hearing, noticed pursuant to Chapter 6.03 (Common Procedures), to consider the revocation and recommended amortization period. Following the public hearing, the Planning Commission shall make a recommendation on the proposed amortization period to the City Council.
c. After receiving the recommendation from the Planning Commission, the City Council shall hold a public hearing, noticed pursuant to Chapter 6.03 (Common Procedures), to consider the revocation and recommended amortization period.
d. The City Council may establish a maximum time for which the nonconforming use shall be permitted to continue after considering the following in relation to the use or structure. However, the time period established by the City Council shall be no less than two years in length.
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i. The amount of investment or original cost of the use or structure; ii. The present actual or depreciated value of the use or structure; iii. The remaining useful life of the use or structure; iv. The remaining term of the lease;
v. The date or dates of construction;
vi. Amortization of the business or structure for tax purposes; vii. The salvage value;
viii. The threat to the public health, safety, and welfare posed by the continuance of the nonconforming use; and
ix. Other factors as appropriate.
3. Notice of Decision.
Within 30 days after the public hearing, the Council may by resolution revoke or modify the nonconforming status of the use or structure. The property owner(s) and lessee shall be notified in writing of the decision within 10 days of the meeting. The notice shall include reasonable abatement and conformance requirement dates.
6.07.16. Abatement
Any nonconforming use or structure that has been abandoned or revoked shall be abated, including clearing of the land and any associated equipment or materials, within the time period established by the Director or City Council. All future use of such land shall conform to the applicable zone and use provisions of this Code.
The provisions of this Chapter are in addition to existing State law authority to declare and abate a public nuisance pursuant to California law and other applicable provisions of the Indio Municipal Code. If a legal nonconforming structure or use is found to constitute a public nuisance, appropriate action may be taken by the City pursuant to the Chapter 95A: Nuisances of the Indio Municipal Code.
6.07.17. Development on Substandard Lots
A. Any lot or parcel of land that was legally created through a recorded deed may be used as a building site, even when consisting of less area, width, or depth than required by the regulations for the zone in which it is located, except as provided below.
1. Two or More Adjoining Vacant Sites.
Two or more adjoining vacant sites with continuous frontage, each having an area, width or depth less than the minimum prescribed for the zone in which the sites are located, in the same ownership as of the date of adoption of this Section or subsequent thereto, is subject to all regulations for the zone in which the sites are located, including minimum area, width and depth requirements, as if the sites constituted a single parcel of real property.
B. No substandard lot shall be further reduced in area, width, or depth, unless such reduction is required as part of a public improvement.
C. A substandard lot shall be subject to the same yard and density requirements as a standard lot, provided that in no instance shall these provisions prevent the erection of a single-family dwelling on any substandard lot.
D. An existing legal lot comprising a minimum size of 5,000 square feet or greater and a minimum width of 50 feet or greater shall not be considered substandard for the purposes of this Section.
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6.08. ENFORC EMENT AND
ABATEMENT
See Chapter 10: General Provisions and Chapter 95A: Nuisances of the Indio Municipal Code for the procedures the City will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of this Code and departments and officials responsible for enforcement.
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Article 7 | DEFINITION S
INDIO
ART ICLE 7
DEFINITIONS
UNIFIED DEVELOPMENT CODE | MUN ICIPAL CODE CHAPTER 159
PUBLIC REVIEW DRAFT
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7.01. DEFINITIONS OF TERMS AND
LAND USE TYPES
7.01.01. Purpose
This Chapter provides definitions of terms, phrases, and land use types used in this Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this Chapter conflict with definitions in other provisions of the Code, these definitions shall control for the purposes of this Code. If a word is not defined in this Chapter, or in other provisions of the Code, the Director shall determine the correct definition.
7.01.02. Terms
A. “A” Terms
Abut or Abutting. Adjoining or bordering. See also “Lot, Abutting.” Access. The place, means, or way by which pedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property or use as required by this Code.
Accessory Building. See “Building, Accessory.”
Accessory Dwelling Unit. An additional detached or attached residential dwelling unit which provides complete independent living facilities for one or more persons. The unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family unit is located. The term “ADU” also includes an “Efficiency Unit” as defined in Health and Safety Code Section 17958.1 and a “Manufactured Home” as defined in Health and Safety Code Section 18007. Accessory structures are not considered accessory dwelling units.
Accessory Structure. See “Structure, Accessory.”
Accessory Use. See “Use, Accessory”.
Addition. Any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area.
Addition or Renovation, Major. A major addition, renovation, or alteration of a structure is one in which:
• The total gross floor area of the proposed addition or renovation area is 30% or more of the total gross floor area of the existing structure before the addition or renovation; • The value of such addition or alteration is 25% or more of the assessed value of the existing structure(s) as listed on the latest tax rolls before such addition or alteration; and/or • The renovation involves removing or altering more than 50% of the exterior walls/facade of the structure(s).
Addition or Renovation, Minor. Any addition, renovation, or alteration of a structure that does not meet the definition of a Major Addition or Renovation (see “Addition or Renovation, Major).
Adjacent. Directly abutting, having a common boundary or property line, or contiguous to.
Adjoining. Having a common boundary. See also “Abutting.”
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Article 7 | DEFINITION S
Adult-Oriented Business. An establishment of concern that, as a regular and substantial course of conduct, offers, sells or distributes adult-oriented merchandise, or that offers to its patrons materials, products, merchandise, services, entertainment or performances that have sexual arousal, sexual gratification, and/or sexual stimulation as their dominant theme, or are characterized by an emphasis on specified sexual activities or specified anatomical areas and are not customarily open to the general public because they exclude minors by virtue of their age. This classification does not include any establishment offering professional services conducted, operated, or supervised by medical practitioners, physical therapists, nurses, chiropractors, psychologist, social workers, marriage and family counselors, osteopaths, and persons holding licenses or certificates under applicable State law or accreditation from recognized programs when performing functions pursuant to the respective license or certificate. Adult-oriented businesses include adult arcades, adult bookstores, adult novelty shops, adult video stores, adult cabarets, adult motels, adult motion picture theaters, adult theaters, sexual encounter establishment, escort agencies, and nude model studios, among others, as further defined in Chapter 120 (Sexually Oriented Businesses) of the Indio Municipal Code.
Adult-Oriented Business, Owner, Permit Holder, or Permittee. Any of the following: (1) the sole proprietor of an adult-oriented business; or (2) any general partner of a partnership which owns and operates an adult-oriented business; or (3) the owner of a controlling interest in a corporation which owns and operates an adult-oriented business; or (4) the person designated by the officers of a corporation to be the permit holder for an adultoriented business owned and operated by the corporation.
Agricultural Support/Sales/Service/Storage. The use of a site for supporting agricultural purposes including, but not limited to on-site sale of feed, grain, fertilizers, pesticides and similar goods; storage of materials, equipment, and products used in the operation of an agricultural industry or business; and the provision of agricultural services with incidental storage of goods off-site; or hay, feed, and grain stores and tree service firms.
Air Contaminant. Particulate matter, dust, fumes, gas, mist, smoke, vapor, or any combination thereof having or tending to have a deleterious effect on human beings, vegetation, animals, or property.
Airport/Heliport. A facility for the takeoff and landing of airplanes and helicopters, including runways, helipads, aircraft storage buildings, public terminal building and parking, air freight terminal, baggage handling facility, aircraft hangar and public transportation and related facilities, including bus operations, servicing and storage.
Also includes support activities such as fueling and maintenance, storage, airport operations and air traffic control, incidental retail sales, coffee shops and snack shops and airport administrative facilities, including airport offices, terminals, operations buildings, communications equipment, buildings and structures, control towers, lights, and other equipment and structures required by the United States Government and/or the State for the safety of aircraft operations.
Alcohol Sales, Off-Sale. Any establishment that is making an application for or has obtained a retail liquor license from the California Department of Alcoholic Beverage Control authorizing the sale of alcoholic beverages for consumption off the premises in original, sealed containers.
Alley. An access roadway or drive that provides service or secondary vehicular access to the rear or side of properties abutting a street.
Alteration. Any change, addition, or modification that changes the arrangement of rooms or the supporting members of a building or structure, the relative position of buildings or structures on a site, or the exterior architectural appearance or materials of a structure or object. Alteration includes changes in exterior surfaces, changes in materials, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs. Any work on a structure that does not result in any addition to the structure.
Ambient Noise Level. General noise level one finds in a certain area at a given time.
Amendment. A change in the wording, context, or substance of this Code, or, an addition or deletion or a change in the zone boundaries or classifications upon the zoning map, which imposes any regulation not theretofore imposed, or removes or modifies any such regulation theretofore imposed.
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Animal Husbandry and Production. The raising and breeding of animals for commercial purposes or production of animal products. Typical uses include grazing, ranching, dairy farming, poultry farming, and beekeeping, but exclude slaughterhouses and feedlot operations. This classification includes accessory agricultural buildings accessory to such uses. Animal sales, boarding, and grooming are defined separately. Also see “Kennels, Commercial,” which provides for the boarding of animals.
Animal Raising and Keeping. The raising, care, and maintenance of animals on private property for noncommercial purposes including the following:
Animal Raising and Keeping, Domestic Pets. “Domestic pets” means small animals (no larger than the largest breed of dogs) customarily kept as pets within a dwelling unit. This classification includes dogs, cats, fish, and birds (excluding large tropical birds and poultry). Also see “Kennels, Commercial,” which provides for the boarding of animals
Animal Raising and Keeping, Exotic. “Exotic animals” means wild animals not customarily confined or cultivated by man for domestic or commercial purposes, but kept as a pet or for display, including miniature pigs, snakes, reptiles, and large tropical birds (including peacocks). This classification is distinct from Animal Husbandry and Production, animal sales and services, and stables (commercial or hobby).
Animal Raising and Keeping, Horses. For the purposes of this Code, “Horse” means equine - horses, ponies, donkeys or mules. This classification is distinct from Animal Husbandry and Production, animal sales and services, and stables (commercial or hobby).
Animal Raising and Keeping, Large Livestock. “Livestock animals” means domesticated animals that may be kept or raised in pens, barns, houses, and pastures, whether for commercial or private use. Large livestock includes, but is not limited to, cattle, sheep, swine, goats, alpaca, and other similarly sized animals, but excludes horses (see Animal Raising and Keeping, Horses), small livestock, poultry, and bees (See Animal Raising and Keeping, Horses and Animal Raising and Keeping, Small Livestock, Poultry, and Beekeeping).
This classification is distinct from Animal Husbandry and Production, animal sales and services, and stables (commercial or hobby).
Animal Raising and Keeping, Small Livestock, Poultry, and Beekeeping. “Small Livestock” means miniature, pygmy, or dwarf goats, rabbits, and other similarly sized animals. “Poultry” means domesticated birds (fowl) customarily kept for eggs or meat. This classification includes chickens, roosters, ducks, geese, turkeys, guinea fowl, and Cornish game hens. “Beekeeping” means the keeping, maintaining, or allowing of any hive of any size on any parcel in the city. This classification is distinct from Animal Husbandry and Production, animal sales and services, and stables (commercial or hobby).
Animal Sales and Services. Retail sales of animals and/or services, including grooming, for animals on a commercial basis. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores and shops. This classification excludes dog walking and similar pet care services not carried out at a fixed location and excludes pet supply stores that do not sell animals or provide on-site animal services.
Antenna. See “Telecommunications Terms.”
Applicant. The person, partnership, corporation, or state or local government agency applying for a permit, certificate, zoning approval, or other entitlement.
Aquaculture. The cultivation of marine or freshwater fish, shellfish, or plants under controlled conditions.
Aquaculture includes aquaponics which integrates aquaculture with hydroponics by recycling the waste products from fish to fertilize hydroponically growing plants.
Architectural Feature. An exterior building feature, including a roof, walls, windows, doors, porches, posts, pillars, recesses or projections, and exterior articulation or walls, and other building surfaces.
Architectural Projection. A building feature that is mounted on, and/or extends from the surface of the building wall or facade, typically above ground level. Examples of architectural projections include balconies, bay windows, eaves, cornices, porches, chimneys, awnings, canopies, or similar projections from a building. Such projections may extend into required yards only as allowed by Section 3.01.03(C) of this Code.
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Arterial Roadway. A street classified as an Arterial in the Transportation Element of the General Plan.
Articulation. Changes in the depth of the surface of a building face or facade such as attached columns, recessed windows or window bays, horizontal banding, or decorative cornices. Articulation provides three-dimensional detailing and gives texture to the building surface.
Artisan Manufacturing/Makers Space. Any establishment primarily engaged in on-site production or fabrication of goods by hand manufacturing or artistic endeavor, which involves only the use of hand tools or small mechanical equipment, and which may include incidental instruction or direct sales for consumers. Typical uses include ceramic studios, fabric and needleworking, leather working, metalworking, glass working, candle-making shops, woodworking, and custom jewelry manufacturers.
Attached Building or Structure. See “Building, Attached” and “Structure, Attached.” Auto and Vehicle Rental. An establishment providing for the rental of automobiles, light/noncommercial trucks and vans, motorcycles, and motor homes. Typical uses include car rental agencies.
Auto and Vehicle Sales, New. Sale or lease, retail or wholesale, of new automobiles, light/noncommercial trucks and vans, motorcycles, and motor homes, together with associated repair services and parts sales, but excluding body repair and painting. Typical uses include new automobile dealers and recreational vehicle sales agencies.
Auto and Vehicle Sales, Used. The retail sale of previously owned or used automobiles, light/noncommercial trucks and vans, motorcycles, and motor homes, not directly from the manufacturer.
Auto and Vehicle Sales and Rental, Large Vehicles and Equipment. The use of a site for sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other equipment used for construction, moving, agricultural, or landscape gardening activities (e.g., cranes, earth moving equipment, tractors, combines).
Includes large vehicle operation training facilities.
Auto and Vehicle Services and Repair – Major. Repair of automobiles, trucks, motorcycles, motor homes, boats and recreational vehicles, generally on an overnight basis that may include disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors or hazardous materials, and towing services. This classification excludes vehicle dismantling or salvaging and tire retreading or recapping.
Auto and Vehicle Services and Repair – Minor. The service and repair of automobiles, light-duty trucks, boats, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to a gasoline sales station or automotive accessories and supply store, and smog checks, tire sales and installation, auto radio/ electronics installation, auto air conditioning/heater service, and quick-service oil, tune-up and brake and muffler shops where repairs are made, or service provided in enclosed bays and no vehicles are stored overnight. It excludes repair of heavy trucks and construction vehicles.
Auto and Vehicle Towing/Impounding. An establishment primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services (for automobile dismantling, see Salvage and Wrecking).
Auto and Vehicle Washing and Detailing. Any business, indoor or outdoor, providing machinery or staffing for the cleaning, washing, or detailing of automobiles and similar light vehicles as a primary use. Washing and detailing are permitted as an accessory use in conjunction with a primary automotive services repair use. This includes self-service auto washing facilities that include all appropriate utility connections and drainage.
Auto and Vehicle Wrecking/Dismantling. The dismantling or wrecking of used motor vehicles or trailers, or the storage and sale of dismantled or damaged vehicles or their parts, but not including the incidental storage of damaged vehicles in connection with the operation of a repair garage.
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Automatic Teller Machine (ATM) (Accessory Use). A pedestrian-oriented machine used by bank and financial service patrons for conducting transactions, including deposits, fund transfers, and withdrawals, without contact with financial institution personnel. ATMs may be located as a freestanding machine or a machine installed in an exterior wall that functions as an ATM as an accessory use to the primary building use(s), or as a space located inside a building dedicated to the functions of an ATM as an accessory use to the primary building use(s). ATMs accessed by drive-through space shall be regulated as a drive-through service; see “Drive-Through Service, NonRestaurant”. (Accessory use) Awning. An architectural projection that provides weather protection, identity, or decoration, and is wholly supported by the building to which it is attached. An awning is typically constructed of non-rigid materials on a supporting framework which projects from and is supported by the exterior wall of a building.
B. “B” Terms
Backyard Breeding. The breeding of dogs or cats on a residential zoned property where any offspring is sold or exchanged for something of value.
Bail Bonds. A facility that provides bail bonds, documents that ensure to the court system that a person facing charges, and who typically is in jail, will appear for future court appointments if released.
Balcony. A horizontal platform extending from the exterior wall of a building, accessible from the building’s interior, and not directly accessible from the ground. A balcony may be roofed or unroofed and is typically enclosed by a railing or parapet When a balcony is roofed and fully enclosed with operating windows or doors, it is considered part of the room it serves.
Bank/Financial/Savings and Loan Institution. A financial institution providing retail banking services. This classification includes only those institutions serving walk-in customers or clients, including banks, savings and loan institutions, and credit unions, but excluding check cashing businesses.
Bar/Nightclub/Lounge. An establishment where alcoholic beverages are offered for on-site consumption as its principal function in accordance with applicable California Department of Alcoholic Beverage Control regulations, where food service, if any, is incidental and subordinate to the sale of alcohol. May feature entertainment which includes, but is not limited to, music, dancing, comedy and karaoke with the issuance of an entertainment permit.
Persons under the age of 21 are not admitted. Uses include but are not limited to a tavern, bar, cocktail lounge, or nightclub. Excludes a restaurant, cafe, or coffee shop which may include alcohol sales for on-site consumption as incidental to the primary use. Also excludes brewpubs, taprooms, wine bars, breweries, and wineries.
Basement/Subterranean Story. The portion of building between floor and ceiling which is partly or wholly underground. See Chapter 3.01 (Rules of Measurement) for measurement of stories including subterranean levels.
Bay Window. Any window projection from the wall of a building and forming a bay or alcove, that is raised at least 12 inches above the finished floor of the story where it is located.
Bed and Breakfast. A residential structure that is occupied by a resident as his/her primary residence with one or more bedrooms rented for periods of 30 consecutive days or less and meals may be provided.
Bedroom. Any room having the potential of being a bedroom and meeting the standards of the Building Code as a sleeping room.
Beehive. A structure for housing honey bees.
Bee Colony. The hive and its equipment and appurtenances including honey bees, comb, honey, pollen and brood.
Block. All property fronting on one side of a street between an intersection and intercepting streets or between a street and a waterway, dead-end street, major easement or right-of-way, or unsubdivided land. An intercepting street shall only determine the boundary of a block on the side of the street which it intercepts.
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Brewery/Distillery/Winery. An establishment engaged in the production, processing, packaging or manufacturing of alcoholic beverage products primarily for off-site consumption, where retail sales are clearly incidental. This use is regulated based on size and the presence of retail sales/tasting rooms where alcoholic beverages are sold and consumed on site.
Brewpub/Taproom/Wine Bar/Microdistillery. A drinking establishment that also serves food, and where small amounts of beer or malt beverages, wine, and other alcoholic beverages are manufactured, brewed or distilled, or stored on site for retail purchase.
Buffer. An open area or barrier used to separate potentially incompatible activities and/or development features; for example, a required setback to separate an area of development from environmentally sensitive habitat, to reduce or eliminate the effects of the development on the habitat.
Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials.
Building, Accessory. A detached, subordinate building used only as incidental to the principal building on the same lot.
Building, Attached. A building which has a common wall with another building or structure.
Building, Detached. A building which does not have a common wall with another building or structure.
Building, Main or Principal. A building or buildings within which is conducted the principal use permitted on the lot, as provided by this Code. See also “Structure, Main or Principal.” Building Code. Any ordinance or regulations of the City governing the type and method of construction of buildings and structures, including sign structures and any amendments thereto and any substitute therefor including, but not limited to, the California Building Code and other State-adopted uniform codes.
Building Elevation. A view of a building seen from one side; a flat representation of one facade.
Building Face. The general outer surface of the structure or walls of a building. Where bay windows or pillars project beyond the walls, the outer surface of the windows or pillars is considered to be the face of the building.
Building Footprint. The horizontal area, as seen in plan view, of a building or structure, measured from the outside of exterior walls and supporting columns, and excluding eaves. Subsection 3.02.06.D (Determining Lot Coverage).
Building Frontage. See “Frontage, Building.”
Building Height. See “Height.”
Building Massing. The overall shape or arrangement of the bulk or volume of buildings and structures.
Building Materials Sales and Services. Retail sales or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include Construction and Material Yards, hardware stores less than 10,000 square feet in floor area or plant nurseries.
Building Modulation. A stepping back or projecting forward of sections of the facade of a structure from the base plane of the building wall within specified intervals of structure width and depth, as a means of breaking up the apparent bulk and mass of the exterior of the structure (e.g., massing breaks, stepbacks, etc.) Building, Nonconforming. See “Nonconforming Structure.” Building Site. See “Development Site.”
Business. Management, operation, sale, purchase, or other transaction involving the handling or disposition of commodities or services.
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Business Support Services. An establishment providing non-retail-related services to other businesses on a fee or contract basis. Examples of these uses include, but are not limited to business equipment repair services; computer-related services (rental, repair); blueprint printing, binding, engraving, photocopying, or related services; janitorial/custodial and window-cleaning services; job printing; locksmith services; office security; mailbox services; electronics/small machinery maintenance and repair; equipment rental businesses within buildings; film processing and photofinishing; heavy equipment repair services where repair occurs on the client site; and taxi or delivery services with two or fewer fleet vehicles on-site. Excludes auto and vehicle repair services.
C. “C” Terms
Camper. As defined in the California Vehicle Code.
Campground. An open-air facility, where recreational vehicle or camping spaces are rented, or held out for rent, for overnight stay in tents, trailers, or recreational vehicles for 30 consecutive days or less.
Cannabis Terms.
Cannabis Cultivation, Commercial. A building or portion of a building used for a business involving the wholly indoor commercial cultivation of cannabis plants within California in compliance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act (the “MAUCRSA”, Business and Professions Code Section 26000, et. seq).
Cannabis Cultivation, Personal. 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 Cal. Health and Safety Code, Sections 11362.1 and 11362.2, as the same may be amended from time to time. Outdoor personal cultivation is prohibited (see Chapter 4.06 (Cannabis Activity)).
Cannabis Logistics/Distribution/Transportation Facility. A building, or portion thereof, used for a business involving the procurement, sale, and transport of cannabis and cannabis products within California in compliance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act (the “MAUCRSA,” Business and Professions Code Section 26000, et seq.).
Cannabis Manufacturing. A building, or portion thereof, used for a business involving the manufacture for off-site sale of cannabis products within California in compliance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act (the “MAUCRSA”, Business and Professions Code Section 26000, et. seq).
Cannabis Retailer/Microbusiness/Dispensary. Any facility or location, whether fixed or mobile, where cannabis is cultivated, provided, sold, made available, or otherwise distributed, as defined in Division 10 of the Business and Professions Code and Chapter 6, Article 2 and 2.5 of the Health and Safety Code.
Cannabis Testing Laboratory. A building, or portion thereof, used for a business involving the materials testing, investigation, scientific research, or experimentation of medicinal or non-medicinal cannabis or cannabis products within California in compliance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act (the “MAUCRSA”, Business and Professions Code Section 26000, et. seq).
Cultivation. Any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of cannabis.
Fully Enclosed and Secure Structure. A space within a building, greenhouse or other structure which has a complete solid roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.
Indoor. Within a fully enclosed and secure structure.
Outdoor. Any location that is not within a fully enclosed and secure structure.
Private Residence. A house, an apartment unit, a condominium unit, a mobile home ,or other similar dwelling that is lawfully used as a residence.
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Canopy. A roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground.
Carport. A roofed structure or covered space enclosed on not more than two sides, primarily for the parking or storage of motor vehicles.
Caretaker’s Unit. A permanent residence that is secondary or accessory to the primary use of the property and used for housing a caretaker on the site of a nonresidential use where needed for security purposes or to provide 24-hour oversight or operations, equipment, or other resources on the site, including, but not limited to the care or monitoring of people, plants, animals, equipment, or other conditions on the site.
Cemeteries/Crematories/Mausoleums. Land and/or structure(s) that are dedicated for cemetery purposes or for the burial of the dead, including columbariums, crematoriums, and mausoleums. Excludes funeral homes and mortuaries (see “Funeral Home/Mortuary”).
California Environmental Quality Act (CEQA). Public Resources Code Section 21000, et seq. or any successor statute and regulations promulgated thereto (14 California Code of Regulations Section 15000, et seq.) that require public agencies to document and consider the environmental effects of a proposed action before a decision.
Change of Use. The replacement of an existing use on a site, or any portion of a site, by a new use, or a change in the type of an existing use; does not include a change of ownership, tenancy, or management associated with a use for which the previous type of use will remain substantially unchanged.
Certificate of Occupancy. A required document issued by the Building Official prior to the occupation or use of land or prior to occupation or use of buildings erected or structurally altered.
Check-Cashing Business. An establishment that, for compensation, engages in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification also includes the business of deferred deposits, whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code 1789.33.
Check Cashing Businesses do not include state or federally chartered banks, savings associations, credit unions, or industrial loan companies. They also do not include retail sellers engaged primarily in the business of selling consumer goods, such as consumables to retail buyers, that cash checks or issue money orders incidental to their main purpose or business.
Child Day Care in a Home. A day care facility licensed by the State of California, located in a residential unit where resident of the dwelling provides care and supervision for children under the age of 18 for periods of less than 24 hours a day. A Small Child Day Care in a Home is a facility that provides care for six or fewer children, including children who reside at the home and are under the age of 10. A Large Child Day Care in a Home is a facility that provides care for seven to 14 children, including children who reside at the home and are under the age of 10.
Cinema/Theater/Performing Arts Center. Any indoor facility for performing arts or display of films and motion pictures on single or multiple screens/stages. This classification may include incidental food and beverage service to patrons as well as auditoriums within buildings.
City. The City of Indio.
City Council. The City Council of the City of Indio.
Civic/Government. An administrative, clerical, or public contact office of a government agency, including postal facilities and courts, along with secondary storage and maintenance. This classification excludes corporation yards, equipment service centers, and similar facilities that require maintenance and repair services and storage facilities for related vehicles and equipment (see Public Utilities).
Club. An association of persons for some common purpose but not including groups organized primarily to render a service which is customarily carried on as a business.
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Cluster Development. An arrangement of dwelling units, attached or detached, constructed on smaller lots in return for the restriction or dedication of the remaining acreage as permanent common open space for use by the residents. See also “Cottage Cluster or Cottage Court.” College/University. A public or private institution of higher education providing curricula of a general or professional nature and granting degrees. This classification excludes Vocational/Trade schools.
Commercial. An enterprise or activity operated or carried on primarily for financial gain.
Commercial Recreation and Sports, Indoor. An establishment providing predominantly participant sports, indoor amusement and entertainment services conducted within an enclosed building, including coin-operated electronic amusement centers. Typical uses include bowling alleys, billiard parlors, card rooms, health clubs, iceand roller-skating rinks, indoor racquetball courts, athletic clubs, and physical fitness centers.
Commercial Recreation and Sports, Outdoor. Predominantly spectator sports conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, golf courses, miniature golf courses, tennis clubs, outdoor batting cages, swimming pools, and archery ranges.
Commercial Vehicle. See “Vehicle, Commercial.”
Commission or Planning Commission. The City of Indio Planning Commission.
Common Open Space. See “Open Space, Common.”
Communications, Facilities within Buildings. Facilities for the provision of broadcasting and other informationrelay services using electronic and telephonic mechanisms. Includes radio, television or recording studios, and telephone switching centers.
Communications, Telecommunications/Large Commercial Antennas. Broadcasting and other communication services accomplished through electronic or telephonic mechanisms, as well as structures and equipment cabinets designed to support one or more reception/transmission systems. Uses include large commercial antennas and facilities, radio towers, television towers, telephone exchange/microwave relay towers, and associated equipment cabinets and enclosures. See also “Telecommunications Terms.” Communications, Telecommunications/Small Wireless Facilities. See “Telecommunication Terms.” Community Assembly. A facility for public or private meetings, including community centers, places of worship, union halls, meeting halls, country clubs, club houses, banquet centers, and other membership organizations.
Included in this classification is the use of functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, classrooms, and storage.
Community Development Director. See “Director.”
Collector Roadway. A roadway classified as a Collector in the Transportation Element of the General Plan.
Community Garden. The cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity, by several individuals or households.
Conditional Use. A use which requires a special degree of control because of characteristics peculiar to it, or because of size, technological processes, type of equipment, or because of the exact location with reference to surroundings, streets, existing improvements or demands upon public facilities.
Condition of Approval. A performance standard, required change in a project, environmental mitigation measure, or other requirement imposed by the decision-making body to alter or modify a project in any manner from the description in the application originally submitted for City approval.
Conditionally Permitted. Permitted subject to approval of a Use Permit.
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Condominium. A state of realty consisting of separate interests in residential buildings together with undivided interests common in other portions of same property unit as a separate interest, and common areas are entire condominium except units granted; thus, owners of condominiums are grantees of units. Each grantee owns a separate interest in his unit and an interest as granted in common, in common area.
Construction and Materials Yard. Storage of construction materials or equipment on a site other than a construction site. Examples of these uses include but are not limited to contractor’s storage yards, and facilities used for the storage and wholesale trade of building materials.
Convenience Market. A neighborhood-serving retail store of 5,000 square feet or less in gross floor area that carries a range of merchandise oriented to daily convenience shopping needs, which may include alcoholic beverage sales as allowed by this Code. Excludes convenience markets with drive-through service.
Corral. A pen or enclosure for confining horses or other large animals.
Cottage Cluster or Cottage Court. A group of small, detached single-family residential dwelling units on a single lot, arranged around a shared open space or court.
Cottage Food Operation. A cottage food operation means an enterprise where an individual prepares or packages non-potentially hazardous foods in his or her private home for sale to consumers and as it is defined in California Health and Safety Code Section 113758. The definitions set forth in Health and Safety Code Section 113758 are hereby incorporated herein by reference, as they are now enacted or hereafter amended.
Cottage Industry. A more intensive form of home-based business, having more employees, more floor area used for the business, or other signs of greater use of a residential parcel for business purposes. A cottage industry, like a home occupation, remains clearly subordinate to the use of the parcel and dwelling for residential purpose but includes one or more of the following aspects: require regular visits by clients or customers; need frequent delivery or shipment of goods; conduct regular operations or store materials outside of the residence; have a tendency to create noise, odors, or glare; employ two or more individuals who reside off premises; or include onsite sales to the public.
County. The County of Riverside.
Court. An unoccupied space, other than a yard, on the same lot with a building or a group of buildings.
Courtyard apartments. A medium-density, multi-family housing typology consisting of apartment units surrounding a shared outdoor open space, garden, or courtyard. Dwelling units are typically accessed from the central courtyard.
Crop Production. The cultivation of tree, vine, field, forage, and other plant crops intended to provide food or fibers. The classification excludes wholesale or retail nurseries (See Nurseries/Garden Centers).
Cultural Institution. A public or quasi-public cultural institution, examples of which include aquariums, arboretums, art galleries and exhibitions, botanical gardens, zoo, historic sites and exhibits, libraries, and museums. May also include accessory retail uses such as gift/book shops, restaurant, etc.
Curb Cut. An opening in or through any existing curb, usually to allow access to private property by use of a driveway.
D. “D” Terms
Day Care Center. An establishment providing non-medical care for persons on a less than 24-hour basis other than Family Day Care. This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the State of California.
Deck. A platform, either freestanding or attached to a building that is supported by pillars or posts.
Density. The number of dwelling units per acre of land. See Subsection 3.02.07 (Density).
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Detached Building. “See Building, Detached.”
Detached Structure. “See Structure, Detached.”
Development. Any manmade change to improved or unimproved real estate, including but not limited to the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.
Development Agreement. An agreement between the City and any person having a legal or equitable interest in real property for the development of such property, and which complies with the applicable provisions of the Government Code for such development agreements.
Development Permit. Any permit issued by the city for the construction of real property improvements.
Development permits include grading permits, encroachment permits, use permits, tentative maps, planned development permits and building permits. Sign permits are excluded from this definition.
Development Site. The land area, consisting of one or more recorded lots when comprehensively designed and developed. Could be either under one ownership or for use as a condominium. The site may be either occupied or to be occupied by a main building(s)/primary use(s) and accessory building(s)/use(s) together.
Director. The Community Development Director of the City, or his or her designee.
Disabled Person. A person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment, as those terms are defined in the fair housing laws.
District. See “Zone”.
Drive-Through Service, Non-Restaurant. Any business that sells products or provides services to occupants in vehicles, including drive-through or drive-up windows and drive-through services.
Drive-Through Service, Restaurant. See “Restaurant, Drive-Through”.
Driveway. A vehicular passageway for the exclusive use of the occupants of a property and their guests. A driveway shall not be considered as a street.
Dwelling Unit. One or more rooms designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household. Excludes garages, tents, cabins, boats, trailers, dormitories, labor camps, hotels, and motels.
Duplex. See “Two-Family Dwelling”.
E. “E” Terms
Easement. A recorded right or interest in the land of another, which entitles the holder thereof to some use, privilege or benefit out of or over the land.
Educational Institution. A private or public school, college or university qualified by the State Board of Education to give general academic instruction.
Effective Date. The date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.
Elevation, Building. See “Building Elevation.”
Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.
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Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less, as defined in Section 50801 of the California Health and Safety Code. Medical assistance, counseling, and meals may be provided.
Emergency Vehicle. A self-propelled vehicle or trailer used in the discharge of duties of public districts, agencies or departments, or privately-owned public utilities responsible for fire prevention and control, policing, sanitation, sewerage, drainage, levee maintenance, flood control, public utility lines and all essential services.
Entry feature. An entrance to a building, a structure, or an architectural building feature, which signals to a person how to travel from the primary street to the primary uses within a building. Examples include a door, gate, front porch, front stoop, front terrace, canopy, and/or arcade.
Environmental Impact Report (EIR). An Environmental Impact Report as required under the California Environmental Quality Act (CEQA). See also “CEQA.”
Environmental Review. An evaluation process pursuant to CEQA to determine whether a proposed project may have a significant impact on the environment.
Equine. Horse or other member of the horse family including mules and donkeys.
Equipment. Non-vehicular items such as, but not limited to, boats, campers, camper shells, tents and related camping supplies, tools, machinery, aircraft, barrels, drums, large cans or containers and parts related to these items.
F. “F” Terms
Facade. The exterior wall of a building exposed to public view or that wall viewed by persons not within the building. The portion of any exterior elevation of a building extending vertically from the grade to the top of a parapet wall or eave, and horizontally across the entire width of the building elevation.
Family. See “Household.”
Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
Fence. A free-standing structure of metal, masonry, composition or wood or any combination thereof resting on or partially buried in the ground, and used for confinement, privacy, protection, screening or partition purposes.
Fenestration. The arrangement of windows and doors on the elevations of a building.
Firearms. Any device designed to be used as a weapon or modified to be used as a weapon, from which a projectile is expelled through a barrel by the force of an explosion or other form of combustion.
Floor Area, Gross. The sum of the gross horizontal area of all floors of a building or other enclosed structure, measured from the outside perimeter of exterior walls. See Subsection 3.01.06 (Floor Area and Lot Coverage) for rules for determining floor area.
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Floor Area Ratio (FAR). The ratio of the floor area of all primary and accessory buildings on a site, excluding unenclosed and unroofed areas as described in Subsection 3.01.06. (Floor Area and Lot Coverage), to the site area. See Subsection 3.01.06.B for rules for determining Floor Area Ratio.
Fig ure 7.01.02–1. FAR
Flyway Barrier. A solid wall, fence, dense vegetation, or combination of these materials at least six feet high that extends at least 10 feet beyond the hives on each end of a bee colony.
Food or Beverage Manufacturing. An establishment engaged in the production, processing, packaging, or manufacturing of food or beverage products for off-site consumption and any instruction, direct sales, or onsite consumption are incidental to the food production activity. Examples include coffee roasters, meat or fish processing, and wholesale bakeries. This definition does not include slaughtering of animals or fowl.
Food Preparation, Commercial. A business preparing and/or packaging food primarily for off-site consumption, excluding those of an industrial character in terms of processes employed, waste produced, water used, and traffic generation. Typical uses include caterers and commercial kitchens, commercial/wholesale bakeries (bakeries, cheese shops, butchers, etc. operating for on-site sales only (not engaging in distribution to other food sellers outside of the city) are considered a “restaurant”).
Foot-Candle. A quantitative unit of measure for luminance. One foot-candle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away. It is equal to one lumen uniformly distributed over an area of one square foot.
Footprint. See “Building Footprint.”
Fortunetelling/Palm Reading/Card Reading. An establishment providing any type of fortune telling, palm or card reading, psychic services, future telling, spirit communication, and/or any other related type of trade, donation, or compensation, retail or otherwise.
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Freeway. A roadway classified as a Freeway in the Transportation Element of the General Plan.
Freight/Trucking Facility. Any property and improvements used for freight, courier, and postal services; freight transfer truck terminals; or for the operations of a “common carrier trucking company,” including the parking, servicing, repairing, storage of trucks, truck tractors, and/or truck trailers. This classification does not include local messenger and local delivery services (see “Light Fleet-Based Services”).
Front of Building. That part of the facade oriented towards and visually prominent to the principal street.
Front Yard. See “Yard, Front.”
Frontage. The front lot line; also the length thereof. See also “Frontage, Building” and “Frontage, Street.” Frontage, Building. The lineal dimension, parallel to the ground, of the facade of the building oriented towards or abutting on a street.
Frontage, Street. That portion of a lot or parcel of land that borders a public or private street. Street frontage shall be measured along the common lot line separating said lot or parcel of land from the public or private street.
Fueling Station. An establishment primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile/vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or providing incidental food and retail services. This classification includes “mini-marts” and/or convenience stores that sell products, merchandise, or services that are ancillary to the primary use related to the operation of motor vehicles where such sale is by means other than vending machines.
Funeral Home/Mortuary. A place of business where deceased are prepared for burial or cremation, and funeral services may be conducted.
G. “G” Terms
Garage, Private. A building, or a portion of a building, enclosed and used primarily for the parking of automobiles belonging to the occupants of the property.
Garage, Public. A building, or a portion of a building, enclosed and used primarily for the parking of automobiles belonging to the general public.
General Plan and Indio General Plan. The general plan of the City.
General Retail. The retail sale or rental of merchandise not specifically listed under another use classification.
This classification is regulated by size and includes retail establishments such as department stores, home improvement centers, clothing stores, furniture stores, pet supply stores (no on-site sale/keeping of animals), small hardware stores (with 10,000 square feet or less of floor area), and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, and bicycles. Retail sales may be combined with other services such as office machine, computer, electronics, and similar small-item repairs.
General Retail/Superstore. Any form of retail sales establishment with a retail floor area of greater than 25,000 square feet.
Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort, or loss of visual performance and ability.
Government Code. The Government Code of the State of California.
Grade. The location of the ground surface.
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Grade, Existing or Natural. Ground elevation prior to any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.
Grade, Finished. Final ground elevation after the completion of any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.
Grazing. The act of pasturing livestock on growing grass or other growing herbage, or on dead grass or other dead herbage existing in the place where grown, as the principal sustenance of the livestock so grazed.
Greenhouse, Private. A private food-producing greenhouse that is accessory to the primary use of the site.
Grocery Store. An establishment over 15,000 square feet, primarily engaged in the retail sale of all sorts of products including, but not limited to, dry goods, canned goods, fresh fruits and vegetables, dairy products, fresh and prepared meats, fish and poultry.
Gross Lot Area. The total area within the lot lines of a lot or parcel of land before public streets, easements, or other areas to be dedicated or reserved for public use are deducted from such lot or parcel. See Section 3.01.06 (Floor Area and Lot Coverage).
Ground Floor. The first floor of a building other than a basement that is closest to finished grade.
Group Residential Home. Shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. This classification includes rooming and boarding houses, employee housing, dormitories and other types of organizational housing, and private residential clubs, but excludes Hotels and Motels, and Residential Care Facilities.
H. “H” Terms
Habitable Room. Any room for sleeping or living purposes excluding such enclosed places as closets, bath or toilet rooms, connecting corridors, unfinished attics, foyers, storage spaces, utility rooms, spaces used exclusively for cooking or eating, and similar spaces.
Hazardous Materials/Wholesale Fuel Storage and Distribution. The storage of hazardous materials including but not limited to pressurized gas, chemicals, minerals and ores, petroleum or petroleum-based fuels, fireworks, and explosives. Includes any establishment engaged in sale of petroleum/fuel products, including storage, refinery, and recycling of biodiesel fuels that may be serviced by pipeline, rail or trucks. This land use does not include the storage of small quantities of explosives or hazardous materials, as customary in hardware, landscaping, or sporting goods stores, etc.
Heat. Thermal energy of a radioactive, conductive, or convective nature.
Heliport. See “Airport/Heliport”.
Height. The vertical distance from finished grade at all points adjacent to the building exterior to the highest point of the structure directly above. See Subsection 3.01.03 (Measuring Heights).
Highway. See “Street or Highway”.
Home Kitchen Industry. See “Cottage Food Operation”.
Home Occupation. Any activity of a non-residential nature carried on within a living unit or accessory structure, by an occupant of the living unit and which is clearly incidental and secondary to the residential use of the living unit. Home occupations typically include uses which involve infrequent or no visits by clients or customers, need infrequent delivery or shipment of goods, and utilize only a small area of the residence to conduct operations. A home occupation may include, but is not limited to, the handicraft manufacturing of products, the conduct of an art or profession, the offering of a service, or the conduct of a business.
Horticultural Production. A commercial facility for growing flowers, trees and ornamentals. This classification excludes wholesale or retail nurseries (See “Nursery/Garden Center”).
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Hospital. A facility providing medical, psychiatric, or surgical services for sick or injured persons, primarily on an inpatient basis, and including supplementary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors. The institutions are to be licensed by the state of California to provide surgical and medical services. May include on-site accessory clinics and laboratories, accessory retail uses, and on-site ambulance dispatch facilities.
Household. One or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food; who share living expenses, including rent or mortgage payments, food costs and utilities, and who maintain a single mortgage, lease, or rental agreement for all members of the household. Household does not include larger institutional group living situations such as dormitories, fraternities, sororities, monasteries, convents, nor does it include such commercial group living arrangements such as boardinghouses, lodging houses, and the like.
Household Pets. Animals that are customarily kept within a dwelling or a yard for the personal use or enjoyment of the residents. Household pets include domestic birds, cats, dogs, fish, rabbits, rodents, or snakes, but do not include horses, mules, goats, cows, hogs or other similar size animals, or roosters or peacocks.
I. “I” Terms
Illegal Use. Any use of land or building that does not have the currently required permits, and was originally constructed and/or established without permits or approvals required for the use at the time it was brought into existence.
Impact fee. A fee as defined in the Mitigation Fee Act (California Government Code Section 66000(b)), except that it also includes fees specified in the Quimby Act (California Government Code Section 66477). “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
Improvement. Any man-made, immovable item affixed to the ground which adds to the value or enhances the value of land, e.g., streets, utilities, buildings.
Impervious Surface. Any surface through which water does not easily pass. Impervious surfaces include all structures such as pavements (roads, sidewalks, driveways, parking lots) and impenetrable surfaces including asphalt, concrete, brick, stone, etc.
Indoor Warehousing/Storage/Wholesaling/Distribution. Indoor storage and/or sale of goods to other firms for resale; storage of goods for transfer to retail outlets of the same firm; or storage and sale of materials and supplies used in production or operation, including janitorial and restaurant supplies. This use includes cold storage, freight moving and storage, warehouses, and wholesalers. Wholesalers are primarily engaged in business-to-business sales but may sell to individual consumers through mail or Internet orders. They normally operate from a warehouse or office having little or no display of merchandise and are not designed to solicit walkin traffic. This classification does not include wholesale sale of building materials (see Building Materials Sales and Services) or any use that involves cannabis.
Incidental Use. See “Use, Incidental”.
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Income Levels. Income levels for households whose gross incomes do not exceed the qualifying extremely low, very low, low, and moderate-income limits established in Section 6932 of the California Code of Regulations, and amended periodically based on the U.S. Department of Housing and Urban Development (HUD) estimate based on the Riverside County median income levels by family size. These income limits are equivalent to the following:
Extremely Low Income Household. Under 30 percent of area median income, adjusted for household size appropriate for the unit.
Very Low Income Household. 30 to 50 percent of area median income, adjusted for household size appropriate for the unit.
Low Income Household. 50 to 80 percent of area median income, adjusted for household size appropriate for the unit.
Moderate Income Household. 80 to 120 percent of area median income, adjusted for household size appropriate for the unit.
Industry. The manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof, and includes storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise.
Institution. A social, educational, governmental, health, or religious organization.
Instructional Services. A facility that offers specialized programs in personal growth for students of any age group. Examples of these facilities include individual and group instruction and training in the arts; production rehearsal; photography; martial arts training studios; gymnastics instruction; and aerobics and gymnastics studios with no other fitness facilities or equipment. Also includes production studios for individual musicians, painters, sculptors, photographers, and other artists. Excludes Recreation-Indoor. Small-scale facilities are up to 5000 sf in size; large-scale facilities are over 5000 sf in size.
Intensity of Use. The extent to which a use or the use in combination with other uses affects the natural and built environment in which it is located; the demand for services; and persons who live, work, and visit the area.
Measures of intensity include, without limitation: requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand; number of employees on a site; hours of operation; the amount of noise, light, or glare generated; the number of persons attracted to the site, or in eating establishments, the number of seats.
Interior Side Yard. See “Yard, Interior Side.”
Intersection, Street. The area common to two or more intersecting streets.
J. “J” Terms
Juliet Balcony. A very shallow balcony on an upper story window or French doors usually with a safety railing or balustrade connecting to the building facade.
Junior Accessory Dwelling Unit. A unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
Junk. Any worn out, castoff, or discarded article or material.
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K. “K” Terms
Kennels/Boarding, Commercial. A commercial, non-profit, or governmental facility for keeping, boarding, training, breeding or maintaining dogs, cats, or other household pets not owned by the kennel owner or operator.
Typical uses include pet clinics, pet day care, and animal shelters, but exclude pet shops and animal hospitals that provide 24-hour accommodation of animals receiving medical or grooming service.
Kennels, Private/Hobby. Any lot where four or more dogs, or cats, over the age of four months, are kept or maintained.
Kiosk/Outdoor Vending. A free-standing, walk-up facility for retail sales of merchandise or services; this use is generally operated as a kiosk or cart in conjunction with a shopping center or other retail establishment. For facilities with a drive-through access, see “Drive-Through Services” definition and operational standards.
Kitchen. Any room or area designed and/or used for the preparation of food, which includes any two of the following features:
• Cooking or food heating equipment, including a hot plate, microwave, oven, or range; • A refrigerator or other device for cold storage;
• Cabinets, shelves, or other facilities for storage of food and/or utensils; or • A sink and water supply.
L. “L” Terms
Land Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained, including residential, commercial, industrial, etc.
Landscaping. The planting of suitable plant materials or a combination of plant materials with minimum areas of paving, gravel, or otherwise dust free materials including an adequate irrigation system. See also Section 3.02.09 (Landscaping).
Large Commercial Antenna. See “Telecommunications Terms.” Laundromat. A business premises equipped with individual clothes washing and drying machines whether coinoperated or attendant operated for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house, hotel or motel. Excludes commercial laundry facilities.
Light Fixture. The assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirrors, and a refractor or lens.
Light Fleet-Based Services. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of three or more vehicles with rated capacities less than 10,000 lbs. This classification includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, non-emergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses.
Line of Sight. A visual path emanating from average eye level judged to be five feet above the ground.
Liquor Sales. The sale of liquor for offsite consumption.
Live Entertainment as Accessory Use, Indoors. Music, comedy, dancing, acting, or other entertainment performed indoors for 6 or more days during a calendar year (any activity with amplified sound that can be heard outside the facility). This includes dancing by patrons to live or recorded music.
Live Entertainment as Accessory Use, Outdoors. Music, comedy, readings, dancing, acting, or other entertainment performed in an outdoor setting.
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Livestock. Domesticated animals raised to produce commodities such as food, fiber, and labor. See also “Animal Keeping and Raising.”
Livestock, Large. Horses, cattle, swine, donkeys, mules, llamas, ostriches, goats, sheep, alpaca, and other similarly sized animals.
Livestock, Small. Rabbits, chickens, miniature, dwarf or pygmy goats that are dehorned and neutered, and other similarly sized animals.
Live/Work. An integrated housing unit and working space, occupied and utilized by a single household structure, either single-family or multi-family, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and where the residential use is secondary and accessory to the primary use as a place of work.
Loading Space. An off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of one or more vehicles, while loading or unloading, and which has access from a street, alley, or other permanent means of ingress or egress.
Local/Neighborhood Street. A roadway classified as a Local/Neighborhood Street in the Transportation Element of the General Plan.
Lodging, Extended Stay. A building or group of buildings under single ownership, containing six or more rooms or suites providing transient or temporary lodging for periods not limited to 30 days, available at daily, weekly or monthly rates to guests only. Rooms often have independent cooking facilities, and these establishments may also include accessory services such as restaurants, meeting rooms, function halls, common facilities, and recreation facilities. Includes extended stay hotels and apartment hotels.
Lodging, Hotel. A building or group of buildings containing individual rooms or suites of rooms, each having a private bathroom, for the purpose of providing overnight accommodations to the general public for compensation, for periods of 30 consecutive days or less. These establishments may provide additional services and amenities such as conference and meeting rooms, restaurants, bars, spas, or recreation facilities available to guests or to the general public. Common facilities, such as those for reservations, cleaning services, and on-site management, are provided.
Lodging, Motel. A building or group of buildings containing individual sleeping or living units for the purpose of providing overnight accommodations to the general public for compensation, for periods of 30 consecutive days or less. Usually a majority of such units open individually and directly to the outside, and where a garage is attached or a parking space is conveniently located near each unit, all for the temporary use by automobile tourists or transient travelers. Generally includes limited amenities or services.
Lodging, Timeshares. A facility in which a person receives the right in perpetuity, for life or for a specific period of time, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or portion of real property for a period of time which has been or will be allocated from twelve or more occupancy periods into which the facility has been divided. A timeshare use may be coupled with an estate in the real property or it may entail a license, contract, membership, or other right of occupancy not coupled with an estate in the real property.
Lot. Any numbered or lettered parcel shown on a recorded tract map, a record of survey recorded pursuant to an approved division of land or a recorded parcel map. Lot types include the following (see Figure 7.01.02 1 Lot Types):
Lot, Abutting. A lot having a common property line or separated by a public path or lane, private street, or easement to the subject lot.
Lot, Corner. A lot located at the intersection or interception of two or more streets at an angle of not more than 135 degrees. If greater than 135 degrees, the lot shall be considered an exterior lot.
Lot, Flag. A lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip not less than 20 feet in width at any point connecting the main building site area to the frontage street.
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Lot, Interior. A lot bounded on one side by a street and on all other sides by lot lines between adjacent lots or that is bounded by more than one street with an intersection greater than 135 degrees; a lot other than an exterior, corner, or reverse corner lot.
Lot, Key. An interior lot adjoining the rear lot line of a reversed corner lot and not separated by an alley.
Lot, Reverse Corner. A corner lot in which the rear property line abuts the side property line of an adjoining interior lot (as opposed to the rear property line of another corner lot).
Lot, Through. A lot having frontage on two dedicated parallel or approximately parallel streets.
Fig ure 7.01.02–2. Lot Types
Lot Area. The area of a lot measured horizontally between bounding lot lines.
Lot Coverage. The ratio of the total footprint area of all structures on a lot to the net lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports, covered patios, and roofed porches, shall be summed to calculate lot coverage. See also Subsection 3.02.06.D (Determining Lot Coverage).
Lot Depth. The horizontal distance measured along a straight line down from the midpoint of the front property line of the lot to the midpoint of the rear property line, or to the most distant point on any other lot line where there is no rear lot line. See Subsection 3.01.04.B (Lots and Setbacks).
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Lot Line. Any line(s) bounding a lot as defined in this section under “Lot.” “Property Line” means the same as “Lot Line.” Lot lines include the following:
Lot Line, Front. On an interior lot, the lot line abutting the street. On a corner lot, the shorter lot line abutting a street. On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line.
For flag lots and other irregularly shaped parcels, the front lot line is determined to be the narrowest portion of the lot (for flag lots, this excludes the narrow portion of the lot that represents the “pole”).
Lot Line, Interior. A lot line not abutting a street.
Lot Line, Rear. The lot line(s) most distant and opposite the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line (e.g., triangular lot), a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for establishing the minimum rear yard. A lot which is bounded on all sides by streets may have no rear lot lines (e.g., through lots).
Lot Line, Side. The side lot line means any lot line that is not otherwise defined as a front, rear, or street side lot line.
Lot Line, Street Side. The street side (i.e. exterior side) lot line means any lot line abutting a street that is not determined to be a front lot line.
Lot, Nonconforming. A legal parcel of land having less area, frontage, or dimensions than required in the zone in which it is located.
Lot Width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. See Subsection 3.01.04 (Lots and Setbacks).
Lounge. See “Bar/Nightclub/Lounge.”
M. “M” Terms
Maintenance and Repair. The repair or replacement of nonbearing walls, fixtures, wiring, roof, or plumbing that restores the character, scope, size, or design of a structure to its previously existing, authorized, and undamaged condition.
Major Music Festival Event. A major music festival event is an event that meets the following criteria (see also Section 2.07.02 (Major Music Festival Overlay Zone (MMF)):
1. Includes a permitted attendance up to 125,000 people;
2. The event venue and Ancillary Uses encompass at least 500 acres of land located in the Festival District subarea under the Indio General Plan and located within the Major Music Festival Event Overlay Zone;
3. Provides for Ancillary Uses, if any, to support the Major Music Festival Event; and
4. Includes up to three days of musical performances.
Manufactured Home. As defined in State of California Health and Safety Code Section 18007, a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.
Manufactured/Mobile Home Park. A development designed and occupied by manufactured or mobile housing units including development with facilities and amenities used in common by occupants who rent, lease, or own spaces for mobile/manufactured housing units through a subdivision, cooperative, condominium or other form of resident ownership.
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Manufacturing/Processing, Light. An establishment engaged in manufacturing of non-edible products and finished parts primarily from previously prepared materials by means of physical assembly or reshaping. These industrial activities produce limited impacts on nearby properties, such as noise, gas, odor, or vibration. This classification includes uses where retail sales are clearly incidental to an industrial or manufacturing use; monument works; printing, engraving and publishing; computer and electronic product manufacturing; furniture and related product manufacturing (excluding Artisan Manufacturing/Makers Spaces); commercial laundry processing and other cleaning operations that use chemical solvents, and industrial services.
Manufacturing/Processing, Heavy. An establishment engaged in the assembly, fabrication, or manufacturing of non-edible products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. Production typically involves some transformation by way of heating, chilling, combining, or through a chemical or biochemical reaction or alteration. Toxic, hazardous, or explosive materials may be produced or used in large quantities as part of the manufacturing process. These industrial activities may produce impacts on nearby properties, such as noise, gas, odor, dust, or vibration. This classification includes manufacturing for biomass energy conversion, commercial advertising, cosmetics and perfumes, electrical appliances and explosives, film and photographic processing plants, apparel and textile mills, leather and allied products manufacturing, wood and paper, glass and glass products, chemical products, medical/pharmaceutical products, plastics and rubber, nonmetallic minerals, primary and fabricated metal products, and automotive and heavy equipment.
Marquee. A roofed structure or awning or canopy attached to and supported by the building and extended over a building line and into public property.
Massage Establishment, Accessory Use. An establishment offering massage services as an accessory use.
Examples include massage chairs/services at shopping malls or in hotels.
Massage Establishment, Stand-Alone. Any establishment having a fixed place of business where any person engages in or carries on any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body with the hands or with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. Such establishment shall have health enhancement as part of its purpose. Exempted from this definition are massage therapists operating in conjunction with and on the same premises as a physician, surgeon, chiropractor, osteopath, nurse or any physical therapist (State-licensed professions or vocations) who are duly State-licensed to practice their respective professions in the State of California.
Massing. See “Building Massing.”
Massing Break. A change in plane in the facade of a building (set forward or back), and/or significant break in eave line or roof form to break up the mass of the building. See also “Building Modulation.” Medical Services, Extended Care. A private medical services facility providing for regular care on an extended basis as required; generates limited to no walk-in service. Examples include nursing homes, adult residential facilities treating mental health, and the like. Usually includes incidental medical laboratories.
Medical Services, Medical/Dental/Holistic/Clinic. A facility other than a hospital where medical, dental, holistic, mental health, surgical, and/or other personal health care services are provided on an outpatient basis (for example, chiropractors, medical doctors, psychiatrists, other than nursing staff). May also include incidental medical laboratories, supporting pharmacies, etc. Counseling services by other than medical doctors or psychiatrists are included under “Offices - Professional/Administrative.” Medical Services, Urgent Care. An establishment providing limited clinical and emergency medical services generating primarily walk-in service. May also include incidental medical laboratories.
Middle Housing. A range of medium-density, multi-unit housing types such as duplexes, triplexes, quadplexes, cottage courts, and courtyard apartments, which provide diverse housing options within walkable neighborhoods located near local-serving businesses and public transportation options.
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Mini Market. See Convenience Market.
Mini-Storage Warehousing/Facility. A facility offering enclosed storage with individual access for personal effects and household goods including mini-warehouses and mini-storage. May include affiliated RV storage. This use excludes workshops, hobby shops, and manufacturing activity.
Mining/Resource Extraction. The on-site extraction of surface or subsurface mineral products or natural resources. This use includes borrow pits, mining operations, oil drilling or fracking, and uses incidental to mining operations including structures necessary to the on-site production of mineral products or natural resources.
Mobile Home. A structure designed and equipped for human habitation, and for being drawn by a motor vehicle, to be used with or without a foundation system. A mobile home does not include a recreational vehicle, commercial coach, or factory-built housing.
Mobile Recycling Unit. An automobile, truck, trailer, or van licensed by the Department of Motor Vehicles that is used for collection of recyclable materials and taken elsewhere for sorting, etc. Bins, boxes, or containers used for collection of recyclable materials to be transported by (delivered/emptied/removed) the licensed vehicle are also considered mobile recycling units.
Model Home. A dwelling or residential building having all of the following characteristics:
1. The dwelling is constructed upon a proposed lot previously designated as a model home site in a subdivision for which there is an approved tentative map, and for which a final map has been recorded.
2. The dwelling is intended to be temporarily utilized as an example of the dwellings which have been built or which are proposed to be built in the same subdivision.
Modular/Prefabricated Unit. Modular or prefabricated units are constructed inside building facilities and then transported to the building site for assembly. The main difference between manufactured and modular homes is that manufactured homes are built to the national HUD code, while modular/prefabricated units are built to all applicable State and local building codes.
Modulation. See “Building Modulation.”
Motor Vehicle. A self-propelled device used or intended to be used for the transportation of freight or passengers upon a street or highway, excepting a device moved by human power or a device used exclusively upon stationary rails or tracks.
Multi-Family Dwelling. A structure that contains more than one separate residential dwelling unit. Multi-family dwellings are categorized into the following:
Multi-Family Dwelling, Triplex/Quadplex
Three or four dwelling units on one lot or parcel, or a single building designed or used for occupancy by three or four households, living independently of each other. Three or four side-by-side dwellings sharing a common wall but located on their own lots are considered single-family attached dwellings.
Multi-Family Dwelling, ≥ 5 Units
A building, parcel, or site with five or more dwelling units; units may be attached or detached.
Municipal Code. The City of Indio Municipal Code.
N. “N” Terms
Neighborhood Market. An establishment under 5,000 square feet, primarily engaged in the retail sale of all sorts of products including, but not limited to, dry goods, canned goods, fresh fruits and vegetables, dairy products, fresh and prepared meats, fish and poultry. Alcohol is not the majority retail item.
Net Lot Area. The total horizontal area within the property lines of a lot or parcel of land exclusive of all right-ofway and road or driveway easements.
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Nightclub. See “Bar/Nightclub/Lounge”.
Noise. Any sound that annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
Noncommercial. An enterprise or activity which is not normally conducted for profit or gain.
Nonconforming Building. See “Nonconforming Structure”.
Nonconforming Lot. See “Lot, Nonconforming”.
Nonconforming Structure. See “Structure, Nonconforming.” Nonconforming Use. See “Use, Nonconforming.”
Nuisance. Anything offensive or obnoxious to the health and welfare of the inhabitants of the city; or any act or thing repugnant to, or creating a hazard to, or having a detrimental effect on the property of another person or to the community.
Nursery/Garden Center. Any establishment primarily engaged in the retail sale of nursery and garden products, such as trees, shrubs, plants, seeds, bulbs, and sod that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves. This classification includes commercial and wholesale greenhouses and nurseries offering plants for sale.
O. “O” Terms
Office, Processing. An office-type facility characterized by high employee densities and occupied by businesses engaged in information processing and other computer-dependent and/or telecommunications-based activities.
Examples of these uses include, but are not limited to, airline and rental car company reservation centers, computer software and hardware design and development, consumer credit reporting, data processing services, call centers, HMO offices where no medical services are provided, insurance claim processing, telecommunications facility design and management, and mail order and electronic commerce transaction processing.
Office, Professional/Administrative. An office-type facility occupied by businesses that provide professional services or are engaged in the production of intellectual property. Examples of these uses include, but are not limited to, accounting services, advertising agencies, attorneys, business associations, commercial art and design services, construction contractor offices, design services (e.g., architecture, engineering), management and public relations services, news services, photography studios, financial management/counseling, clerical employee services, security and commodity brokers, and writer/artist offices.
Office, Service. An office-type facility providing direct services to consumers. Examples of these uses include employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and elected official satellite offices. This use does not include “Bank, Financial Services,” which is separately defined.
Does not include Medical Offices.
On-Site. Located on the lot that is the subject of discussion.
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Open Space. Generally any undeveloped land or water area, or piece of property that is undeveloped.
Open Space, Common. Private common open space in residential subdivisions, multi-family residential projects, and residential mixed-use projects. Private common open spaces may be indoor rooms or outdoor open spaces that are shared and accessible only to building residents and their visitors. They can be located at the ground level, on parking podiums, or on rooftops, provided they are adequately landscaped. Common open spaces may include: courtyards, gardens, play areas, outdoor dining areas, recreational amenities, rooftop amenities, and community rooms, among others.
Open Space, Private. Personal private open space in multi-family residential and residential mixed-use projects.
Private open space areas are intended for private use for each dwelling unit and may include: balconies (covered or uncovered), private gardens, private yards, terraces, decks, and porches, among others.
Open Space, Publicly-Accessible Private (PAPOS). Outdoor space that is privately owned and maintained but is made available for public use for the purposes of outdoor recreation and leisure, cultural arts, sports, or provision of green space. May include: plazas, courtyards, seating areas, parklets, play areas, recreational facilities or equipment, dog parks, and usable green space, among others.
Open Space, Natural. A natural open space, and habitat and/or resource conservation area.
Outdoor Dining. Any group of tables and chairs, and its authorized decorative and accessory features, situated and maintained in an unenclosed area on private property for use in connection with the consumption of food and beverage sold to the public.
Outdoor Display. The long-term placement of goods or merchandise not located within an entirely enclosed building and without screening or fencing. See “Temporary Uses” for temporary outdoor display.
Outdoor Entertainment. Predominantly spectator uses, conducted in open or partially enclosed or screened facilities. Typical uses include amusement and theme parks, sports stadiums and arenas, racetracks, amphitheaters, and drive-in theaters.
Outdoor Storage (Primary Use). An establishment whose principal use is the outdoor storage of materials, products, or equipment, subject to all storage and screening requirements of the applicable zone.
Outdoor Storage (Accessory). On-site at-grade or shelved space for the storage of business-related materials, products, and goods. All on-site storage is limited to those materials directly used or produced in relation to the functional on-site business activity, subject to all storage and screening requirements of the applicable zone.
Owner. A person or persons holding single or unified beneficial title to the property, including without limitation, the settlor of a grantor trust, a general partner, firm, or corporation.
P. “P” Terms
Parapet. That part of a wall that extends above the roof line.
Parcel. The same as “Lot,” as defined in this section.
Parking Area. An area of a lot, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles.
Parking Lot/Structure. A surface parking lot or structure when such use is not incidental to another on-site activity. May be located above or below grade and use of the parking structure may be subject to a fee. May include park and ride structures.
Parking Stall. A space within a building or a private or public parking area, exclusive of driveways, ramps, columns, office and working areas, for the parking of one automobile.
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Park Model. A park trailer built on a single chassis, mounted on wheels or originally mounted on wheels and from which the wheels have been removed. A fifth wheel trailer is not considered a park home. A park home is designed to be connected to utilities necessary for operation of installed fixtures and appliances and has a gross trailer area of not less than 320 square feet and not more than 400 square feet when it is set up.
Park/Recreation Facility. A noncommercial park, playground, recreation facility, trail, and/or related open space.
This classification includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, golf courses, and botanical gardens, as well as related food concessions or community centers within the facilities.
Parkway Strip. The portion of a public street right-of-way lying between the curb and sidewalk intended for landscaping. It is sometimes referred to by other names such as sidewalk strip, planter strip, parking strip, or tree buffer.
Passenger Transportation Facility. A facility for passenger transportation operations, including rail stations, bus terminals and pick-up areas, and scenic and sightseeing facilities, but does not include terminals serving airports or heliports.
Passenger Vehicle. See “Vehicle, Passenger.”
Pasture. Open, uncultivated land used for the grazing of livestock.
Pathway. An access way to accommodate pedestrians, bicycles, or other non-vehicular transportation modes.
Pawnshop. An establishment engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker, and the incidental sale of such property.
Patio. A level hard surfaced area at finished grade. (For an above-grade patio, see “Deck”) Pedestrian Path or Pathway. A right-of- way for pedestrians, free from vehicular traffic and including access ramps, stairs, and mechanical lifts and routes through buildings which are available for public use. See also “Sidewalk.”
Permitted Use. See “Use, Permitted”.
Person. Any individual, firm, association, organization, partnership, business trust, company, or corporation.
Personal Services. An establishment providing non-medical services to individuals as a primary use. In addition to the uses listed below, general personal service uses may also include accessory retail sales of products related to the services provided. Examples includes, but are not limited to, barber/beauty shops, clothing rental, home electronics/small appliance repair, locksmith, shoe and luggage repair, tailors, waxing/tanning salons, and drycleaning (pick-up/retail storefront, without processing facilities).
Physical or Mental Impairment. Any physiological disorder or condition and any mental or psychological disorder, including, but not limited to, orthopedic, visual, speech and hearing impairments, cosmetic disfigurement, anatomical loss, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disabilities (formerly termed “mental retardation”), emotional or mental illness, learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, and alcoholism and drug addiction (but not including current use of illegal drugs). A temporary condition, such as a broken leg, pregnancy, use of crutches, etc. does not qualify as a physical or mental impairment.
Planned Development. A development of parcels of land as a coordinated project which have been developed according to an approved development plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole.
Planned developments may be either residential, commercial, or industrial in nature or a combination thereof.
Planned Street Line. The planned right-of-way for a major or secondary highway or traffic collector street. A yard abutting such a highway or street shall be measured from this planned right- of-way line.
Planning Commission. See “Commission or Planning Commission”.
Pool. Any structure for swimming, bathing or wading or as a fishpond or similar use. See also “Swimming Pool.”
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Porch. A structure attached to a building to shelter an entrance or to serve as a semi-enclosed landing area providing access to the building; usually roofed and generally open-sided.
Poultry. A domesticated bird that is used to produce meat or eggs, including but not limited to, chickens, ducks, pigeons, and quail.
Pre-existing. In existence prior to the effective date of this Code.
Primary Use. See “Use, Primary”.
Private. Belonging to or restricted for the use or enjoyment of particular persons.
Private Garden. A private food-producing garden that is accessory to the primary use of the site.
Private Open Space. See “Open Space, Private.”
Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure that is subject to the provisions of this Code. This term includes, but is not limited to, any action that qualifies as a “project” as defined by the California Environmental Quality Act.
Property Line. See “Lot Line”.
Publicly-Accessible Private Open Space (PAPOS). See “Open Space, Publicly-Accessible Private.” Public Resources Code. The Public Resources Code of the State of California.
Public Service Facility. A facility providing public safety and emergency services, including police and fire protection and emergency medical services, with incidental storage, training and maintenance facilities.
Public Transit. A location, including but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
Public Utilities, Major. A facility providing services for the public good that include generating plants, solid waste collection including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, water towers, dams, flood control facilities, and other services that provide major public infrastructure services for urban development.
Public Utilities, Minor. A facility providing services for the public good that include utility substations, pumping stations and other transmission and distribution facilities.
Public Right-of-Way. Any street, alley, pedestrian way, pathway, channel, viaduct, subway, bridge, easement, right-of-way or other way in which the public has a right of use.
Public Works Director. The Public Works Director of the City of Indio.
Q. “Q” Terms
Qualified Applicant. The property owner, the owner’s agent, or any person, corporation, partnership, or other legal entity that has a legal or equitable title to land that is the subject of a development proposal or is the holder of an option or contract to purchase such land, or otherwise has an enforceable proprietary interest in such land.
R. “R” Terms
Rear Yard. See “Yard, Rear”
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Reasonable Accommodation. Any deviation requested and/or granted from the strict application of the City’s zoning and land use laws, rules, policies, practices and/or procedures under provisions of Federal or California law to make housing or other facilities readily accessible to and usable by persons with disabilities and thus enjoy equal employment or housing opportunities or other benefits guaranteed by law.
Recreational Vehicle. A travel trailer, pickup camper, or motorized home, with or without motive power, designed for human habitation for recreational or emergency occupancy.
Recreational Vehicle (RV) Park. A mobile structure designed as temporary living quarters for recreation, vacation, camping, or travel use, which is either self-propelled or is mounted on or drawn by another vehicle.
Examples include, but are not limited to, an RV, travel trailer, camping trailer, fifth-wheel trailer, truck camper, motor home, or camper van.
Recycling Collection Facility. Any establishment, including a place of business, center, or standalone container, for collecting or processing recyclable materials from the public. A “Certified Recycling Facility” or “Certified Processor” is a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business, or manufacturer. The processing and sorting of such items is not conducted on-site.
Recycling Processing Facility. Any enclosed structure used for collecting and processing recyclable materials.
Processing means the preparation of material for efficient shipment, or to an end-user’s specifications, by means such as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, or re-manufacturing.
Renewable Energy System (Primary Use). The commercial processing, generating, conduction, or storing of any type of renewable energy (solar, wind, or similar or new technologies). Examples include large commercial solar arrays.
Renewable Energy System. Any equipment installed for processing, generating, conducting, or storing of any type of renewable energy (solar, wind, or similar or new technologies). Rain barrels are not regulated under this land use. Systems are regulated in the following ways:
Building-Mounted. Any renewable energy system mounted or affixed to the outside of a building (new or existing) or located interior to the structure.
Stand-Alone or Ground-Mounted. Any renewable energy system erected or installed separate from a building (new or existing).
Required Yard. See “Yard, Required.”
Resale/Consignment/Thrift Shop. An establishment engaged in the retail sale of secondhand merchandise, or offering loans secured by personal property and shall comply with all local and state operating requirements.
Could include indoor swap meets.
Research and Development. Any business combining activities, laboratories, and facilities for research; uses involve the production of experimental products that neither constitute nor cause a public health risk to employees and/or to surrounding properties and/or residents.
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Residential Care Facility. An integrated facility that provides accommodations for varying levels of care to residents, depending on need. The use contains the following components: independent living units; assisted living units; residential care facilities; and continuing care, Alzheimer, and related facilities. This use may include supportive medical and non-medical services directly affiliated with the treatment of on-site patients. Residential care facilities are categorized by the following programmatic elements:
Residential Care Facility, Small. Any state-licensed facility, place, or structure that is maintained and operated to provide non-medical residential care, day treatment, or foster agency services for six or fewer adults, children, or adults and children as defined in Article 1 of Chapter 3 of the California Health and Safety Code, Section 1500 et seq. This use includes the administration of limited medical assistance (e.g., dispensing of prescribed medications).
Residential Care Facility, Large. Any state-licensed facility, place, or structure that is maintained and operated to provide primarily non-medical residential care, day treatment, or foster agency services for seven or more adults, children, or adults and children as defined in Article 1 of Chapter 3 of the California Health and Safety Code, Section 1500 et seq. This use includes the administration of limited medical assistance (e.g., dispensing of prescribed medications). This definition excludes hospitals and those facilities that qualify as small residential care homes.
Restaurant, Dine-In and Take-Out. Includes dine-in and take-out establishments. Any establishment operated for the primary purpose of providing food, beverages, or meals for compensation that has suitable kitchen facilities for the preparation, storage, and service of food. Food service may be for on-site consumption, off-site consumption, or a combination of service types. Any bar area with all applicable licenses is typically limited to approximately 500 square feet or approximately 30% of the dining area; bar areas exceeding these limits are classified as a bar.
Restaurant, Drive-Through. Any dine-in or take-out eating establishment with an affiliated drive-through facility for the service of food and beverages directly to patrons in vehicles.
Retail. The selling of goods, wares, or merchandise directly to the ultimate consumer.
Reverse Vending Machine. An automated recycling/depository mechanical device, as an accessory use, that accepts one or more types of recyclable beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the state. The reverse vending machine may sort and process containers mechanically, provided the entire process is fully enclosed. A grouping of multiple reverse vending machines may be necessary/provided to meet the requirements of certification as a recycling facility.
Review Authority. Body or entity responsible for making decisions on applications.
Multi-Use/Hiking Trail. A trail or way designed for and used by equestrians, pedestrians, and cyclists using nonmotorized bicycles.
Right-of-Way. An area or strip of land, either public or private, on which a right of passage has been recorded.
Roofline. The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.
Roof Mounted Equipment. Anything other than roofing materials or skylights which is used for the operation of any building including, but not limited to heating, ventilation and air conditioning units, vents, antennae, air ducts, and equipment hoods.
Roof Pitch. The slope of the roof, or the angle which is formed between the roof and the horizontal plane.
S. “S” Terms
Salvage. Any article or material which is to be or intended to be reclaimed or saved from destruction.
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Salvage/Wrecking Yards. Any property used for the breaking up, dismantling, sorting, storage, distribution, or sale of any scrap, waste material or junk. Excludes auto and vehicle wrecking/dismantling.
Scenic Highway. Any highway designated as a scenic highway by an agency of the City, County, State or Federal government.
School, Public or Private (TK-12). An institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained in compliance with the standards set by the State Board of Education. This use includes kindergarten, elementary school, middle or junior high school, or senior high school.
Screen or Screening. A structure used for concealment or visual buffer consisting of plant material, masonry, wood, other approved material.
Secondary Highway. A roadway classified as a Secondary Highway in the Transportation Element of the General Plan.
Senior Citizen. An individual 62 years of age or older.
Service. An act, or any result of useful labor, which does not, in itself, produce a tangible commodity.
Setback. The minimum required distance by which any building or structure must be separated from a property line. See Section 3.01.02 (Measuring Distances) and Section 3.01.05 (Setbacks and Encroachments) for rules for measurement of setbacks.
Setback Line. A line delineating the minimum allowable distance between a property line and a building on a lot, as prescribed by the regulations for the applicable zone, within which no building or other structure shall be placed except as provided in Section 3.01.05 (Setbacks and Encroachments).
Shelter. A structure or environment, adequate to the species of animal, which provides protection from adverse weather conditions and predators.
Shopping Center. An integrated development of retail and service commercial activities on one or more lots of land sharing common parking and signing facilities and serving a wide spectrum of community shopping needs.
Side Yard. See “Yard, Side.”
Sidewalk. That portion of a thoroughfare, other than a roadway, set apart by curbs, barriers, markings, or other delineations for pedestrian travel. See also “Pedestrian Path or Pathway” as defined in this section.
Sign Terms. See Chapter 7.02 (Sign Terms and Types).
Single-Family Dwelling, Attached. A dwelling unit that is designed for occupancy by one household located on a separate lot from any other unit (except a second dwelling unit, where permitted), and is attached through common walls to one or more dwellings on abutting lots. An attached single-unit dwelling is sometimes called a “townhouse” or a “condominium”.
Single-Family Dwelling, Detached. A dwelling unit that is designed for occupancy by one household with private yards on all sides and located on a separate lot from any other unit (except an accessory dwelling unit, where permitted). This classification includes individual manufactured, modular, and prefabricated housing units.
Single-Room Occupancy. A residential facility where living accommodations are individual secure rooms, with or without separate kitchen or bathroom facilities for each room, are rented to one- or two-person households for a weekly or monthly period of time. This use classification is distinct from a Hotel or Motel, which is a commercial use.
Site. A lot, or group of contiguous lots, that is proposed for development in accordance with the provisions of this Code and is in a single ownership or under unified control.
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Smoke Shop. Any business that sells cigarettes, cigars, tobacco, electronic cigarettes, hookah supplies, or other smoke/vape related accessories and supplies, as a primary use. This does not include sales of cigarettes, cigars, or other smoke related accessories, within grocery stores, drug stores, convenience stores, or other similar types of markets.
Smoking Lounge. Any business establishment that is dedicated, in whole or in part, to the smoking of tobacco products, electronic cigarettes, or other substances, including but not limited to establishments known variously as cigar lounges, hookah lounges, tobacco clubs, tobacco bars, etc.
Social Service Facility. A facility providing a variety of supportive services on a less than 24-hour basis. Examples of services provided are counseling, providing limited medical services, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification is distinguished from licensed day care centers (see Day Care Centers), clinics, and emergency shelters providing 24-hour care (see Emergency Shelter).
Soil. Naturally occurring superficial deposits overlying bedrock.
Solar Reflectance Index. Measure of a surface’s ability to reflect solar heat, combining reflectance and emittance into one number. It is defined so that a standard black (reflectance 0.05, emittance 0.90) is zero and a standard white (reflectance 0.80, emittance 0.90) is 100.
Sound Barrier Wall. Sound barrier walls are high, vertical, solid masonry or concrete walls designed to reduce or buffer roadway noise levels.
Specific Plan. A plan for all or part of the area covered by the General Plan that is prepared to be consistent with and to implement the General Plan, pursuant to the provisions of Government Code, Subsection 65450 et seq.
Stable/Equestrian Facility, Commercial/Public. A facility dedicated to the keeping for commercial purposes of horses, donkeys, and/or mules, including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), pack stations, and barns, stables, corrals, and paddocks accessory and incidental to these uses.
Stable/Equestrian Facility, Hobby/Private. A stable, corral, and/or paddock used by the individual homeowners of corresponding property and their animals.
State. The State of California.
Stoop. A stoop is an uncovered unenclosed set of steps and elevated platform or landing projecting from the front wall of a structure providing access to the ground level of a building.
Story. That portion of a building included between the finished grade of any floor and the finished surface of the floor next above, except that the topmost story shall be that portion of a building included between the finished surface of the topmost floor and the ceiling or roof above.
Street. A public or private thoroughfare, which affords the principal means of access to a block and to abutting property. “Street” includes avenue, court, circle, crescent, place, way, drive, boulevard, highway, road, and any other thoroughfare, except an alley or walkway.
Street Centerline. A line laterally bisecting a street right-of-way into equal widths.
Street Line. The boundary between a street and a lot or parcel of land.
Street Side Yard. See “Yard, Street Side.”
Structural Alteration. Any change in supporting members of a building or structure.
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Structure. Anything constructed or erected requiring a fixed location on the ground or attached to something having a fixed location on the ground.
Structure, Accessory. A detached subordinate structure used only as incidental to the main structure on the same site or lot.
Structure, Attached. A structure which is affixed to another building or structure on the site.
Structure, Detached. A structure which is not affixed to another building or structure on the site.
Structure, Main or Principal. A structure housing the primary use of a site or functioning as the primary use.
Structure, Nonconforming. A lawfully established building or structure that does not conform to the regulations of this Code or is designed for a use that does not conform to the regulations of this Code for the zone in which it is located, either on the date of adoption of this Code or as the result of subsequent amendments to this Code.
Structure, Temporary. A structure without any foundation or footings, and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
Studio Unit. A dwelling unit consisting of a combined room for living and sleeping and a separate room for cooking.
Swimming Pool. An artificial body of water having a depth in excess of 18 inches, designed, constructed and used for swimming, dipping, or immersion purposes by humans.
Supportive Housing. A residential establishment containing dwelling units with no limit on length of stay, that are occupied by the target population as defined in subdivision (d) of Section 53260 of the California Health and Safety Code (“Target population” means adults with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people.). Linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, where possible, work in the community.
Swap Meet, Outdoor. An event at which two or more persons or entities offer goods or services for sale or exchange, and at which a fee is charged to the party selling the goods or the buyer is charged for the privilege of entering the site to engage in sales transactions. Also may be referred to as Flea Markets, Swap Lots, Open Air Markets, or Outdoor Bazaars.
T. “T” Terms
Tandem Parking. An arrangement of parking spaces such that one or more spaces must be driven across to access another space or spaces.
Tattoo/Body Art/Piercing. An establishment whose principal business activity is one or more of the following:
1) using ink or other substances that result in the permanent coloration of the skin using needles or other instruments designed to contact or puncture the skin; or 2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
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Telecommunications Terms.
Antenna. Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is operated or operating from a fixed location.
Base Station. A telecommunication/wireless structure or equipment at a fixed location that enables Commissionlicensed or authorized wireless communications between user equipment and a communications network. The term does not include a tower or any equipment associated with a tower.
1. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
2. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks).
3. The term includes any telecommunication/wireless structure other than a tower that, at the time the relevant application is filed with the State or local government under this Section, supports or houses equipment described in paragraphs 1 and 2 above and that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the telecommunication/wireless structure was not built for the sole or primary purpose of providing such support.
4. The term does not include any telecommunication/wireless structure that, at the time the relevant application is filed with the State or local government under this Section, does not support or house equipment described in paragraphs 1 and 2 above.
Collocation. (1) Mounting or installing a wireless telecommunication/wireless on a pre-existing structure; and/ or (2) Modifying a telecommunication/wireless structure for the purpose of mounting or installing a wireless telecommunications facility on that telecommunication/wireless structure. For the purposes of Eligible Facilities Requests, collocation means the mounting or installation of transmission equipment on an existing tower or base station.
Eligible Facilities Request. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving;
1. Collocation of new transmission equipment;
2. Removal of transmission equipment; or
3. Replacement of transmission equipment.
Lattice Tower. A three or more-legged telecommunication/wireless structure designed and erected on the ground to support wireless telecommunication antennas and connecting appurtenances.
Monopole. A telecommunication/wireless structure of single pole (non-lattice) design and erected on the ground to support wireless telecommunications antennas and connecting appurtenances.
Monopalm. A monopole camouflaged to resemble a palm tree.
Support Equipment. The physical, electrical, and/or electronic equipment included within a telecom facility used to house, power, transport, and/or process signals from or to the facility’s antenna or antennas.
Stealth Design. Improvements or treatments added to a wireless telecommunication/wireless which are intended to make the facility look like something other than a wireless tower or base station or to mask or blend the proposed facility into the existing telecommunication/wireless structure or visual backdrop in such a manner as to render it minimally visible to the casual observer.
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Article 7 | DEFINITION S
Tower. Any telecommunication/wireless structure built for the sole or primary purpose of supporting any Commission-licensed or authorized antennas and their associated facilities, including telecommunication/wireless structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.
Wireless Telecommunications or Telecommunications/Wireless Facility. A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna, monopoles, telecommunication towers, or similar telecommunication/wireless structures supporting said equipment, equipment buildings, parking areas, and other accessory development.
1. Telecommunications/Large Commercial Antenna. Any new stand-alone facility, excluding stand-alone small wireless facilities.
2. Telecommunications/Small Wireless Facility. A small wireless facility as defined by federal law and/or the FCC and that meets each of the following requirements (If a facility does not meet these criteria then it is considered a large telecommunications facility.):
a. The facility:
i. Is mounted on structures 50 feet or less in height including their antennas as defined in 47 C.F.R. §1.1320(d); ii. Is mounted on structures no more than 10 percent taller than other adjacent structures; or iii. Does not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;
b. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. § 1.1320(d)), is no more than three cubic feet in volume; c. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;
d. The facility does not require antenna structure registration under Part 17 of Subchapter A of Chapter 1 of Title 47 C.F.R., or its successor regulations;
e. The facility is not located on Tribal lands, as defined under 36 C.F.R. § 800.16(x), or its successor regulation; and f. The facility does not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b), or its successor regulation.
Temporary Buildings or Storage Facilities (Accessory Use). Temporary buildings, such as construction trailers or temporary real estate sales offices, or temporary storage containers for the temporary storage of goods on a site.
This is accessory to the primary use on the site.
Temporary Structure. See “Structure, Temporary.”
Tenant. A person or household renting or leasing a housing unit or non-residential space.
Townhouse. An attached, single-family dwelling unit which is part of a group of two or more such units that are connected to but separated from one another by a common party wall having no doors, windows, or other provisions for human passage or visibility.
Townhouse Development. A cluster or grouping of townhouse units. See also “Single-Family Dwelling, Attached.” Trailer. A vehicle with or without motor power, which is designed or used for hauling materials or vehicles, or for human habitation, office, or storage including camper, recreational vehicle, travel trailer, and mobile home, but not including mobile homes on a permanent foundation.
Transitional Housing. A rental housing development generally intended to provide housing and appropriate support services to homeless persons to facilitate movement to independent living operating under programmatic constraints that require the termination of assistance after a specified time or event, in no case less than 6 months after initial occupancy, and the re-renting of the assisted unit to another eligible participant.
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Truck Stop/Fueling Station. An establishment whose principal activity is the retail sale and dispensing of vehicle fuels for non-passenger vehicles. This use may be accessory to a primary industrial or public agency use or a primary use for the regular fueling of site-specific or general commercial fleet vehicles. It may include maintenance and service facilities conducted completely within an enclosed structure, overnight parking, and/or the sale of accessories and equipment for heavy commercial vehicles.
Tutoring Facility. A facility offering academic instruction to individuals or to groups in a classroom setting where an adult accompanies a minor. Facilities where minors are not accompanied by adults are classified as Day Care Centers.
Two-Family Dwelling. A residential building containing two dwelling units, both of which are located on a single parcel (also referred to as a “duplex” or “two-flat”.) The dwelling units are attached and may be located on separate floors or side-by-side.
U. “U” Terms
Unified Development Code or This Code. The comprehensive development code of the City that includes all development-related regulations, including zoning and subdivision regulations and the Zoning Map.
University. See College/University.
Use. The purpose for which land or the premises of a building, structure or facility is arranged, designed, or intended, or for which it is or may be occupied or maintained.
Use, Accessory. A use that is customarily associated with, and is accessory and subordinate to, a primary use and located on the same lot as a primary use.
Use, Incidental. A secondary use of a lot and/or building that is located on the same lot, but is not customarily associated with the primary use.
Use, Nonconforming. The use of a building, structure, site, or portion thereof, which was lawfully established and maintained, but which, because of the adoption and application of this Code, no longer conforms to the specific regulations applicable to the zone in which it is located.
Use, Permitted. Any use or structure that is allowed in a zone without a requirement for approval of a Use Permit, but subject to any restrictions applicable to that zone.
Use, Primary. The main purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or building is or may be occupied or maintained.
Use, Principal. The same as Use, Principal, as defined in this section.
Use, Temporary. A use which is required for the proper function of the community or temporarily required in the process of establishing a permitted use, or construction of a public facility. See Chapter 4.27 (Temporary Uses).
Use Classification. A system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics (e.g., residential, industrial and manufacturing, etc.) See Article 2 (Zone Regulations).
Use Permit. A discretionary permit which may be granted by the appropriate City of Indio authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right, but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval. See Section 6.04.04 (Use Permits).
Use Type. A category that classifies similar uses based on common functional, product, or compatibility characteristics. See also “Use Classification.”
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Utilities. Equipment and associated features related to the mechanical functions of a building(s) and services such as water, electrical, telecommunications, and waste.
Utility Yard. A parcel of land, or portion of land, used by a private company or public entity for the production, storage, or repair of utility equipment (e.g., telecommunications, transit vehicles). Examples include bus yards, corporation yards, telecommunications equipment yards, etc.
V. “V” Terms
Valet Parking. A vehicular parking facility whereby a parking attendant is utilized to park cars in an assigned area that is not available to the general public.
Variance. A discretionary grant of permission to depart from the specific requirements of this Code that is warranted when, due to special circumstances regarding the physical characteristics of the property, the strict application of standards would deprive the property of privileges available to other property in the same zone.
Vehicle. Any vehicle, as defined by the California Vehicle Code, including any automobile, camper, camp trailer, trailer, trailer coach, motorcycle, house car, boat, or similar conveyance.
Vehicle, Commercial. A commercial vehicle as defined by the California Vehicle Code. Pickup trucks and vans not exceeding one-ton rated capacity and which are used primarily for private noncommercial purposes are not considered commercial vehicles.
Vehicle, Passenger. As defined in the California Vehicle Code.
Veterinary Hospital. An establishment providing medical and surgical treatment for domestic animals. This classification allows 24-hour accommodation of animals receiving medical services but does not include kennels.
Vibration. A periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium.
Visible. Capable of being seen (whether legible) by a person of normal height and visual acuity walking or driving on a road or in a public place.
Vocational/Trade School. An institution providing education or training in business, commerce, language, or other similar activity or occupational pursuit that is not otherwise described as a home occupation, college/ university, school, or instructional studio.
W. “W” Terms
Wall. Any vertical exterior surface of building or any part thereof, including windows.
X. “X” Terms
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Y. “Y” Terms
Yard. An open space on a lot with a building or other structure, located between the building or structure and the adjacent property line, that is unoccupied and unobstructed from the ground to the sky, except for such encroachments as are specifically permitted in Section 3.02.03 (Setbacks and Encroachments). Types of yards include the following (see Figure 7.01.02 2. Yard Types):
Yard, Front. A yard extending across the front of a lot for the full width of the lot between the side lot lines.
The depth of a front yard shall be a distance specified by this Code for the zone in which it is located and measured inward from the front lot line.
Yard, Interior Side. A yard which does not abut a street.
Yard, Rear. A yard extending across the rear of a lot for its full width between side lot lines, and to a depth specified by this Code for the zone in which it is located. If a lot has no rear lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for establishing the minimum rear yard.
Yard, Required. A yard which complies with the minimum setback requirements for the zone in which the lot is located.
Yard, Side. A yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the depth of which is the minimum horizontal distance between the side property line and a line parallel thereto on the site.
Yard, Street Side. A yard on a corner lot or reversed corner lot extending from the front yard to the rear lot line between the building setback line and the nearest side street lot line.
Fig ure 7.01.02–3. Yard Types
Yard Sale (Temporary Use). Any sale of personal property to the general public occurring on private or public property; commonly referred to as “garage sales,” “yard sales,” “patio sales,” “rummage sales,” “estate sales,” and similar activities.
Z. “Z” Terms
Zone. A specifically delineated area in the City within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.
Zoning Map. The official zoning map of the City of Indio.
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7.02. SIGN TERMS AND TYPES
7.02.01. Purpose
This Chapter provides definitions of terms and phrases related to signage used in this Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this Chapter conflict with definitions in other provisions of the Code, these definitions shall control for the purposes of this Code. If a word is not defined in this Chapter, or in other provisions of the Code, the Director shall determine the correct definition.
7.02.02. Sign Terms
A. “A” Sign Terms
Approved Bottom-Mounted Outdoor Advertising Fixture. A system of lighting which is installed at or on the lower portion of a billboard.
B. “B” Sign Terms
Balloon. A colored bag made of flexible material, inflated with air or other gas, and sealed, often to make it rise in the air.
Balloon Bobber. A reusable pre-formed balloon with regular air made of a durable PVC vinyl that does not need to be inflated, and typically attached to a short pole.
Building Element. The maximum lineal dimension of an exterior wall, excluding canopies and projections, measured on a straight line parallel to the site’s street frontage.
C. “C” Sign Terms
Channel Letters. Three dimensional, individually manufactured letters or figures with an open back which may contain a light source to provide light onto the sign background against which the channel letters are silhouetted.
Commercial Message. A message conveyed by any sign that is solely intended to interest, entice, or solicit any person to participate in commercial transactions with a business, including offers of goods, cash, discounts on products or services, or other items, including the offering of free goods or services made in exchange for or with the intent to induce the recipient’s willingness to receive information relating to a possible commercial transaction.
D. “D” Sign Terms
Direct Illumination. Illumination resulting from light emitted directly from a light bulb or light fixture, not light diffused through translucent signs or reflected from other surfaces such as the ground or building face.
E. “E” Sign Terms
Electronic Message Display Technology. A sign or portion of a sign that utilizes computer-generated messages or some other electronic means of changing its characters, letters, numbers, illustrations, display, color, and/or light intensity, including animated graphics and video, by electronic or automatic means. A sign utilizing Electronic Message Display Technology is not a Single- or Two-Color LED Sign.