Agenda — Indio City Council, February 7, 2024 (part 4 of 7)

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Arroyo Crossing
Phase II
Arroyo Crossing
Phase I

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Resolution No. 10428 approving the deferral of certain City Development ... Page 437 of 793 City of Indio
City Council
February 7, 2024

STAFF REPORT

To: City Council
From: Steven Graham, City Attorney
Prepared by: Steven Graham, City Attorney
Subject: Ordinance No. 1807 - An Ordinance of the City Council of the City of Indio, California, Amending Chapter 30 of the Indio Municipal Code Related to the Compensation of City Councilmembers Pursuant to Senate Bill 329

RECOMMENDATION:

It is recommended that the City Council take the following action: (1) Waive Full Reading and Introduction of Ordinance No. 1807 by Title Only; and, (2) Direct the City Manager to place Second Reading and Adoption of Ordinance No. 1807 on the Consent Calendar for the next regularly scheduled City Council meeting.

SUMMARY:

State law regulates maximum compensation for Councilmembers and when those adjustments can become effective. The compensation schedule for general law cities has not been adjusted since 1984, meaning that Councilmember compensation has not kept pace with inflation. On June 29, 2023, the Governor approved Senate Bill No. 329 (Dodd) (“SB 329”) that increases the maximum amount of salary. SB 329 authorizes a city council to pass an ordinance to provide each member of the city council a salary based upon the population of the city, as specified. According to the author Senator Dodd’s statement in the April 24, 2023 Assembly Floor Analysis, "City Councilmembers have one of the hardest jobs in California government. They deal with a wide range of issues, from street maintenance to emergency response duties. And all too often, they do this job with little financial compensation. No one runs for City Council in order to make money. But the low levels of pay make it harder for them to balance their careers and personal obligations with the calling to serve City for amounts pay base the has not Legislature the community... the raised Councilmembers since 1984,” and the increases authorized by SB 329 are designed to address recent inflationary increases and economic realities, “enable city councilmembers to balance their careers and personal obligations with the calling to serve their community,” and “also make it easier for members of marginalized communities to serve.” SB 329 increased the maximum amount of salary, based upon the population of the City that may be approved by an ordinance passed by the City Council. The amount for Indio is $1,900 per month. An Ordinance has been prepared for introduction that establishes an increase in Councilmember compensation to $1,900 per month to be effective when a new Councilmember commences a new term, which will be following the upcoming November elections.

BACKGROUND INFORMATION:

Section 36516 of the Government Code now reads:

AGENDA ITEM #11.4
Ordinance No. 1807, Amending Chapter 30 of the Indio Municipal Code Rela... Page 438 of 793 (a) (1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2).

(2) The salaries approved by ordinance under paragraph (1) shall be as follows:

(A) In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month.

(B) In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventy-five dollars ($1,275) per month.

(C) In cities over 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600) per month.

(D) In cities over 75,000 up to and including 150,000 in population, up to and including one thousand nine hundred dollars ($1,900) per month.

(E) In cities over 150,000 up to and including 250,000 in population, up to and including two thousand five hundred fifty dollars ($2,550) per month.

(F) In cities over 250,000 population, up to and including three thousand two hundred dollars ($3,200) per month.

(3) For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance.

(4) The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not exceed the greater of either of the following:

(A) An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted.

(B) An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10 percent for each calendar year.

(5) No ordinance shall be enacted or amended to provide automatic future increases in salary.

(b) Notwithstanding subdivision (a), at any municipal election, the question of whether city council members shall receive a salary for services, and the amount of that salary, may be submitted to the electors. If a majority of the electors voting at the election favor it, all of the council members shall receive the salary specified in the election call. The salary of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner.

(c) Unless specifically authorized by another statute, a city council may not enact an ordinance providing for compensation to city council members in excess of that authorized by the procedures described in subdivisions (a) and (b). For the purposes of this section, compensation includes payment for service by a city council member on a commission, committee, board, authority, or similar body on which the city council member serves. If the other statute that authorizes the

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Ordinance No. 1807, Amending Chapter 30 of the Indio Municipal Code Rela... Page 439 of 793 compensation does not specify the amount of compensation, the maximum amount shall be one hundred fifty dollars ($150) per month for each commission, committee, board, authority, or similar body.

(d) Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees.

(e) Any amounts paid by a city to reimburse a council member for actual and necessary expenses pursuant to Section 36514.5 shall not be included for purposes of determining salary pursuant to this section.

(f) A city council member may waive any or all of the compensation permitted by this section.

(g)(1) For the purposes of this section, a city council shall consider the adoption of an ordinance to increase compensation in open session during at least two regular meetings of the city council.

(2) At the first meeting, the city council shall present the proposed ordinance, which shall include findings demonstrating the need for the increased compensation. The ordinance shall not be adopted at the first meeting.

(3) At least seven days after the first meeting, the city council shall hold a second meeting to consider whether to adopt the ordinance.

ATTACHMENTS:

Attachment 1 - Ordinance No. 1807 - City Council Comp.

APPROVAL(S):

Bryan H. Montgomery, City Manager Approved - 30 Jan 2024

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Ordinance No. 1807, Amending Chapter 30 of the Indio Municipal Code Rela... Page 440 of 793 1 ORDINANCE NO. 1807

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, AMENDING CHAPTER 30 OF THE INDIO MUNICIPAL

CODE RELATED TO THE COMPENSATION OF CITY
COUNCILMEMBERS PURSUANT TO SENATE BILL 329
WHEREAS, the compensation schedule for general law cities has not been adjusted since 1984, resulting in city council compensation that has not kept pace with inflation; and,

WHEREAS, enhancing compensation to account for inflation since 1984 ensures more individuals may serve the public and meet their familial obligations effectively; and,

WHEREAS, the substantial time requirements and inadequate compensation deter many individuals from actively pursuing public office; and,

WHEREAS, on June 29, 2023, Governor Newsom signed Senate Bill 329, which authorizes an increase in City Councilmember salaries.

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

Section 1. Findings.

The City Council finds that the adoption of this Ordinance per Senate Bill 329 will promote greater representation and meaningful engagement.

Section 2. Municipal Code Amendment
(a) Section 30.02 of the Indio Municipal Code is hereby amended to read as follows:

30.02 Compensation.

A.Purpose. This section is enacted pursuant to Section 36516 of the Government Code, which authorizes the City Council to provide by ordinance that each Councilmember may receive a compensation based upon the population of the City.

B. Population.
1) Section 36516(a)(3) of the Government Code states that “…the population of a city shall be determined by the last preceding federal census…”

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Ordinance No. 1807, Amending Chapter 30 of the Indio Municipal Code Rela... Page 441 of 793 2 2) On April 1, 2020, the federal census determined that the population of the City of Indio is 89,137.

C. Compensation. The compensation for each Councilmember shall be one thousand nine hundred dollars ($1,900) per month. The compensation is payable at the same time and in the same manner as the compensation paid to each of the officers and employees of the City. Any amounts paid for retirement, health and welfare, and federal social security benefits, as well as amounts paid by the City to reimburse a Councilmember for actual and necessary expenses, shall not be included for purposes of determining compensation.

D. Pursuant to Government Code Section 36515.5 and Senate Bill 329, the above amendment to Councilmember salary shall be effective when at least one member of the City Council commences a new term on or after the effective date of this Ordinance. (b) Sections 30.04 and 30.05 are hereby repealed.

Section 3. Severability
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 4. Publication
The City Clerk is authorized and directed to cause this Ordinance to be published as required by law.

Section 5. Adoption and Effective Date
This Ordinance shall be introduced at a regular meeting and adopted at a regular meeting at least seven days after introduction. The Ordinance shall be effective upon the thirty-first day following adoption.
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Ordinance No. 1807, Amending Chapter 30 of the Indio Municipal Code Rela... Page 442 of 793 3 PASSED, APPROVED and ADOPTED this 7th day of February 2024. ___________________________

LUPE RAMOS AMITH
MAYOR
ATTEST:
__________________________

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

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Ordinance No. 1807, Amending Chapter 30 of the Indio Municipal Code Rela... Page 443 of 793 City of Indio
City Council
February 7, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Steven Graham, City Attorney
Subject: Ordinance No. 1808 - An Ordinance of the City Council of the City of Indio, California, Amending Chapter 96 of the Indio Municipal Code Related to Regulation of City Parks and Facilities

RECOMMENDATION:

It is recommended that the City Council take the following action: (1) Waive Full Reading and Introduction of Ordinance No. 1808 by Title Only; and, (2) Direct the City Manager to place Second Reading and Adoption of Ordinance No. 1808 on the Consent Calendar for the next regularly scheduled City Council meeting.

SUMMARY:

Chapter 96 of the Indio Municipal Code provides regulations applicable to the City of Indio's parks and facilities. This Chapter was last comprehensively reviewed as part of Ordinance No. 1618 in 2012. Works Public Department, Police Indio the working Office, Attorney's City The with Department, and Desert Recreation District has conducted a comprehensive review of Chapter 96 and proposes Ordinance No. 1808, which will make several amendments to the regulations, as summarized below.

BACKGROUND INFORMATION:
 Ordinance No. 1808 addresses parks and facilities owned by the City of Indio but managed, operated, or maintained by Desert Recreation District. This closes a potential loophole to enforcement of the City's regulations that occurred when the City contracted with the District for management of the City's parks and facilities.
 As is best practice, individual City positions are generally replaced with reference to the City Manager, or his or her designee. This allows for greater flexibility in work assignments and job classifications within the Municipal Code and City's organizational structure. In addition, this allows the City Manager to designate the General Manager of Desert Recreation District for those parks and facilities managed by the District.  Consolidates sections of the Indio Municipal Code related to park hours, giving express authority to both the City Manager to extend park hours and to the Police Chief to order any park closed when there is a threat to public health and safety.  Adds provision making it unlawful for an adult to enter or remain in designated children's playground when not engaged in the care, custody, or supervision of a child.  Adds express prohibition on vandalism of City water infrastructure, including irrigation systems.

AGENDA ITEM #11.5
Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 444 of 793  Adds prohibition on smoking and vaping within City parks, with exception for City golf facilities.

ATTACHMENTS:

Attachment 1 - Ordinance No. 1808 - Park Regulations
Attachment 2 - Park Regulation Redline

APPROVAL(S):

Bryan H. Montgomery, City Manager Approved - 30 Jan 2024

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 445 of 793 1 ORDINANCE NO. 1808

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, AMENDING CHAPTER 96 OF THE INDIO MUNICIPAL

CODE RELATED TO REGULATION OF CITY PARKS AND FACILITIES

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

Section 1. Municipal Code Amendment. Chapter 96 of the Indio Municipal Code is hereby amended to read as follows:

CHAPTER 96: CITY PARKS AND FACILITIES
General Provisions

96.01 Definitions

96.02 Desert Recreation District
Park Use Rules

96.10 Large group events by permit only; reservations for other group events

96.11 Public hours of use; parking

96.12 Fires

96.13 Weapons

96.14 Noise

96.15 Horses and vehicles

96.16 Rubbish

96.17 Conducting business in a park

96.18 Camping

96.19 Vandalism

96.20 Dogs

96.21 Off-leash areas

96.22 Golf

96.23 Inflatable structures

96.24 Alcohol in park

96.25 Additional regulations

96.26 Use of fields on Sundays; permits

96.27 Title 100, Skate Parks

96.28 Park use as city enterprise

96.29 Fees

96.30 Temporary park closures

96.31 Public records
Permits for Group Events

96.40 Permit application

96.41 Permit review, issuance and denial

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 446 of 793 2 96.42 Permit contents

96.43 Appeals

96.44 Signs

96.45 Rain or adverse weather condition

96.98 Violations; enforcement

GENERAL PROVISIONS
§ 96.01 DEFINITIONS.

This chapter shall be the city’s “Parks Ordinance.” For the purposes of this chapter and all park regulations adopted pursuant hereto, words and phrases shall have the meanings listed in this section.

CITY EVENT. A group event that is sponsored or co-sponsored by the City of Indio or any of its commissions or committees, or the Indio Water Authority, or a Joint Powers Authority of which the City of Indio is a member.

CITY MANAGER. The City Manager of the City of Indio, or his or her designee.

COMMUNITY BASED ORGANIZATION or CBO. Any public nonprofit benefit corporation of demonstrated effectiveness approved by the City Manager. The City Clerk shall maintain a list of approved CBOs prepared and updated by the City Manager as a public record.

FIRE MARSHAL. The person responsible for direction of fire services provided throughout the city or that person's designee.

GROUP EVENT.
(1) An organized picnic, exhibit, show, class, or similar gathering of people in a park:
(a) At which the organizing person or party serves food or beverages, regardless of whether those consuming said food or beverages are charged for same; or
(b) To which the organizing person or party brings furniture or equipment such as tables, booths, tents or play equipment.
(2) GROUP EVENTS include any large group event; however, no city event shall be considered or treated as a GROUP EVENT hereunder.

INDIO-BASED GROUP EVENT. A group event wherein the applicant for a permit per this chapter is a city resident, a business or school located in the city, a community based organization wherein the majority of members or board members are city residents, or which CBO provides services to a significant number of city residents on a

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 447 of 793 3 continuing basis. A large group event may meet the criteria of an INDIO-BASED GROUP EVENT, and shall be treated as same.

LARGE GROUP EVENT. Any group event, including any Indio-based group event, meeting both of the following criteria: (1) the application for the group event permit in question anticipates attendance of 50 persons or more, including the organizing person or party and any staff thereof, and any people who will be performing or entertaining at the proposed group event, and (2) the City Manager determines that the group event in question will require the dedication of city staff time to address and mitigate event- specific impacts on the community such as those listed in § 96.40(B). However, every GROUP EVENT with an anticipated attendance of 100 persons or more, including the organizing person or party and any staff thereof, shall be a LARGE GROUP EVENT.

PARK. A parcel or contiguous parcels of land owned, operated and maintained by the city that provides space and/or a facility, whether indoor or outdoor, for the benefit and enjoyment of people residing or visiting in the city. PARKS may be classified as community or neighborhood parks, community centers such as the Indio Teen Center or Indio Senior Center, athletic or aquatic facilities, golf courses, libraries, picnic areas, cultural centers, or similar facilities to those listed herein. PARKS may include parking lots, playground equipment, sports fields, skate parks, buildings or other structures, or other amenities. PARKS may include or be limited to open space areas suitable for active or passive uses. PARKS regulated by this chapter shall be limited to space and/or facilities that contain park sites that may be used for a group event.

PARK REGULATIONS. Regulations adopted by the City Council, City Manager, or Community Services Commission to facilitate this chapter’s implementation and advance its efficiency in meeting the needs of the community.

PARKSITE. A discreet or definable site or an area within a park that may serve as the location for a group event, and for which a permit may be obtained per this chapter.

POLICE CHIEF. The Chief of the Indio Police Department or his or her designee.

PERMIT. A certificate or written approval to engage in specified activity in a park as specified in this chapter; any PERMIT issued per this chapter shall also function as an exclusive reservation of a park site, or under limited circumstances the entirety of a park, for a particular use.

WEAPON. Any firearm, firecracker, rocket, firework, missile, item listed in § 12020(a) of the Cal. Penal Code, or less than lethal weapon listed in § 12601(a) of the Cal. Penal Code.
§ 96.02 DESERT RECREATION DISTRICT.
(A) This chapter shall not apply to any park or facility owned by the Desert Recreation District except by written agreement with that agency.

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 448 of 793 4 (B) This chapter shall apply to any park or facility owned by the City of Indio, notwithstanding that such park or facility is managed, operated, or maintained by the Desert Recreation District. For City-owned parks managed, operated, or maintained by Desert Recreation District, the City Manager may designate the General Manager of the District as his or her designee for any acts to be done under this Chapter.

PARK USE RULES
§ 96.10 LARGE GROUP EVENTS BY PERMIT ONLY; RESERVATIONS FOR OTHER GROUP EVENTS.
(A) Large group events, including Indio-based group events that qualify as such, may only take place at a park upon issuance of a permit by the City Manager or Community Services Commission in accord with all applicable provisions of this chapter. (B) Although group events generally shall not require permit, park sites may be reserved for group events via the permit process provided in § 96.40. Any person or party who secures a permit authorizing a particular group event to take place at a particular park site shall be entitled by this chapter to hold the group event in question at the park site in question, to the exclusion of all other persons and parties. § 96.11 PUBLIC HOURS OF USE; PARKING.
(A) Except in accord with a specific written permit provision, no person shall remain, stay, or loiter in any park between the hours of 10 p.m. and 6 a.m. Parking at any park shall be in accordance with Section 71.11.
(B) The City Manager may designate extended park hours for any park when the City Manager determines that such extension of hours is consistent with sound use of park resources, will enhance recreational activities in the city, and will not be detrimental to the public health, safety or welfare. The prohibitions contained in subsection A of this section shall not apply to any person present in a park during extended park hours designated pursuant to this subsection.
(C) Notwithstanding subsection A of this section, the Police Chief may order any park closed before sunset and after sunrise when he or she determines that activities constituting a threat to public health, safety or welfare have occurred or are occurring in the park and that such closing is necessary to protect the public health, safety or welfare. At least one sign designating the hours when the park is closed shall be installed prominently in the park. During any time when a park is ordered closed, it is unlawful for any person to remain, stay, or loiter in said park during said period. (D) It shall be unlawful to enter or remain in a children’s playground area if such person is eighteen (18) years of age or older unless actually engaged in the care, custody or supervision of a person younger than eighteen (18) years of age who is using the child playground facilities.

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 449 of 793 5 § 96.12 FIRES.

No person shall light or maintain any fire, except in a place designated by the city as a park amenity, feature or fixture, or as specifically approved by the Fire Marshal concurrent with the issuance of a permit under this chapter. This section shall prohibit the use of any personal barbeque equipment in any park. § 96.13 WEAPONS.

Except as authorized by § 130.081, generally permitted by state or federal law, or specifically permitted by the city or another authorized governmental authority, no person shall possess, carry or discharge any weapon in any park. § 96.14 NOISE.
(A) Exemption from noise ordinance. City issuance of a permit for any group event or Sunday field use under this chapter shall qualify activity taking place per that permit as exempt from regulation under Chapter 95C dedicated to noise control. (B) Noise ordinance otherwise applicable. With the exception of the specified exemptions enumerated in § 95C.09 and conduct or speech that is permitted or protected by state or federal law, Chapter 95C shall apply to any activity or proposed activity undertaken in a park without a permit.
§ 96.15 HORSES AND VEHICLES.

Except as authorized by a special event permit or a permit issued per this chapter, no person shall ride or drive any horse or other animal or propel any vehicle, cycle or automobile in a park except in locations designated as roads, trails, parking lots, or driveways provided for that purpose, and only in a direction as may be posted. § 96.16 RUBBISH.

No person shall throw, discard, place or dispose of any garbage or refuse in a park, in any place other than a garbage can or other receptacle maintained for that purpose. No person shall bring or transport garbage or refuse generated outside a park to a park for disposal.
§ 96.17 CONDUCTING BUSINESS IN A PARK.

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 450 of 793 6 this section shall in any way or to any degree limit the applicability of Chapter 110 of this code to any activity or proposed activity in a park. Sales of food or goods from vending carts is prohibited except as authorized by Chapter 114 or addressed by a specific written permit provision.
§ 96.18 CAMPING.

Camping in any park shall only take place in compliance with Code of Indio §§ 130.020 through 130.022 inclusive.
§ 96.19 VANDALISM.

No person shall:
(A) Pick, dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof growing in a park; or
(B) Cut, break, deface or injure any building, structure, monument, sign, fence, bench, equipment or property in a park.
(C) No person shall open, expose, or interfere with any water system or utility, provided that this prohibition shall not apply to the use of any drinking fountain for its intended purpose.”
§ 96.20 DOGS.
(A) In accord with city signage, a dog at any location within a park shall be restrained by a leash; provided, however, that the provisions of this section may be temporarily waived per the terms of a permit issued pursuant to this chapter.

(B) In park areas designated by the City Council as off leash areas, dogs are permitted off-leash under the rules stated in § 96.21.

(C) Each person having care or custody of a dog anywhere in a park shall be solely responsible for promptly placing that dog's waste into a garbage can or other trash or rubbish receptacle maintained in the park in question.

(D) No dog shall be allowed on any sports field in a park except per a specific written permit provision.
§ 96.21 OFF-LEASH AREAS.

The following rules apply within off-leash areas:
(A) No dog is permitted in an off-leash area except in the care, custody and control of a person 13 years of age or older.

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 451 of 793 7 (B) No person may have more than two dogs in an off-leash area at any time. (C) Any dog in an off-leash area must be under the voice control of its caretaker(s) at all times.
(D) No dog is permitted in the off-leash area except during that area's posted hours of operation.
(E) Any dog in an off-leash area must be at least four months of age, vaccinated for rabies, and have a current animal license.
(F) No dog that is sick, in heat, or unreasonably aggressive is permitted in an off-leash area.
(G) Any person having care or custody of a dog in the off-leash area shall promptly remove that dog's waste.
(H) No animals other than dogs are permitted in an off-leash area. (I) No dog obedience classes may be conducted in an off-leash area. (J) The use of an off-leash area by a dog's owner or any other person having care, custody, or control of the dog in question shall constitute an agreement by the dog owner or custodian in question to follow the rules stated in this section, a further, a waiver and release of any and all claims of the city, and agreement to protect, indemnify, defend and hold the city harmless from any claim, injury or damage arising from or related to such use.
(K) It shall be unlawful for any person to have a dog in an off-leash area between 10:00 p.m. and 7:00 a.m.
§ 96.22 GOLF.

No person shall take part in or abet the playing of a game of golf or the practice thereof in any park. Further, no person shall cause any object such as a ball or stone to be propelled by use of a golf club or similar instrument within any park. This section shall not apply to the use of the Indio Municipal Golf Course, and may only be waived as to another park or park site pursuant to the terms and conditions of a permit issued pursuant to this chapter.
§ 96.23 INFLATABLE STRUCTURES.

No person shall erect, install, or use any inflatable structure or fixture (such as waterslide, inflatable, bounce house, jumper, or any similar device) in any park. This section may only be waived pursuant to the terms and conditions of a permit issued pursuant to this chapter.

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 452 of 793 8 § 96.24 ALCOHOL IN PARK.
(A) No person shall enter, be or remain in any park while in possession of any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed.

(B) No person shall consume, or provide or offer for consumption, any alcoholic beverage in any park. Notwithstanding any other provision of this chapter, a violation of this division may, within the discretion of the City Attorney, be prosecuted as a misdemeanor or an infraction, and punished per § 10.99.

(C) This section may only be waived pursuant to the terms and conditions of a permit issued pursuant to this chapter by the Community Services Commission. § 96.25 ADDITIONAL REGULATIONS.

General and temporary regulations shall apply to park use and shall facilitate the function of this parks ordinance. Upon a resolution of the Community Services Commission, the city may adopt, modify or repeal general park regulations. The City Manager, or their designee, may administratively issue, modify or repeal temporary regulations for any park's use. No temporary regulation issued hereunder may be enforced for more than 180 consecutive days. Each new park regulation adopted, or a summary statement explaining the modification or repeal of an established park regulation, shall be published in the local newspaper twice within the two weeks after adoption, with not less than five days between publications. The park regulations shall provide the process for appealing the adoption of a new park regulation, or the modification or repeal of an established regulation. The City Council retains and may exercise at its discretion authority to adopt, modify or repeal any park regulation. § 96.26 USE OF FIELDS ON SUNDAYS; PERMITS.

No formally organized sports competition may be scheduled to take place in any park on Sunday unless a permit for said scheduling has been approved by the Community Services Commission and issued by the City Manager, or their designee. Permits for such activity, and appeals regarding decisions as to same shall be considered per the city's park regulations.
§ 96.27 TITLE 100, SKATE PARKS.

Title 100 of the Code of Indio shall continue in full force and effect as additional authority applicable to the use of skate parks in the city. § 96.28 PARK USE AS CITY ENTERPRISE.

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 453 of 793 9 The City Council may from time to time consider and approve park programs, including but not limited to facilitating the rental or leasing of a park, and may also sponsor city events incorporating the use of a park that will serve to advance the public welfare and allow the city's use of its parks as a revenue-generating enterprise. § 96.29 FEES.

The City Council shall from time to time, by resolution, set and modify the fees payable by any applicant: (A) that applies for a permit to have a large group event in a city park pursuant to § 96.03, (B) that applies for a permit to engage in Sunday use of park fields pursuant to § 96.26 and any applicable park regulation, (C) that applies for a permit that necessitates the presence of city staff at a park during a group event pursuant to the park regulations, (D) that wishes to appeal any determination or citation under this chapter and the park regulations. Fees shall generally shall not be payable by any applicant for a group event permit that does not meet the criteria of a large group event.

However, notwithstanding any other provision of this chapter, any applicant for a group event permit shall pay fees payable upon an appeal, fees payable for a background investigation, and fees payable to fund the presence of city staff at a group event per this chapter. No fees payable per this chapter shall exceed the costs reasonably borne of providing the corresponding services provided per this chapter. No fees shall be payable with respect to the filing or consideration of an application for a city event. The fees payable in relation to an Indio-based group event shall be at least 20% lower than any fees payable for any other group event. Any appellant under this chapter that prevails upon its appeal shall be entitled to the city's return of its fees that were payable on appeal.
§ 96.30 SMOKING PROHIBITED.
(A) It is unlawful for any person to smoke or to dispose of any lighted match or cigarette, cigar ashes or any flaming or glowing substance in any park. (B) For the purposes of the Section:
(1) Smoke or smoking means and includes any of the following: (a) the direct burning or indirect heating of any cigar, cigarette, pipe, electronic smoking device, or any similar kind of smoking equipment or article, using any form of tobacco, cannabis, plant product, or other combustible substance in any form, or (b) the holding or carrying of a lighted or operated cigar, cigarette, pipe, electronic smoking device, or any other lighted smoking equipment or device, or (c) emitting or exhaling the smoke directly from a cigar, cigarette, pipe, electronic smoking device, or any other lighted smoking equipment or device. "Smoke" also means the gaseous or vaporous products or particles created by the use of a lighted or operated pipe, cigar, cigarette, electronic smoking device, or other kind of smoking equipment or article. (2) Electronic smoking device means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part,

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 454 of 793 10 or accessory of such a device, whether or not sold separately; and includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.
(3) Park shall have the same meaning as in Section 96.01, except shall not include golf courses.
§ 96.31 PUBLIC RECORDS.

Any document prepared per this chapter shall be a public record maintained in accord with the city's records retention policy, and shall be subject to redaction only per a decision by the City Attorney in accord with the California Public Records Act.

PERMITS FOR GROUP EVENTS
§ 96.40 PERMIT APPLICATION.

Each application for a group event permit shall be made in writing on a form provided by the City Manager and shall be filed with the Community Services Department together with any application fees that may be established from time to time by resolution of the City Council. The contents of each permit application shall comply with the city's park regulations.
§ 96.41 PERMIT REVIEW, ISSUANCE AND DENIAL.
(A) The City Manager shall be the City Official responsible for the receipt, review and consideration of applications for group event permits filed per this chapter. However, the Community Services Commission shall review and consider any application for a large group event permit. The process through which each application is reviewed, issued or denied shall conform to the city's park regulations.
(B) Absent group event specific circumstances, the city's consideration of each application shall address whether the proposed group event or large group event can be approved as requested without causing, or likely causing any of the following impacts:

(1) Damage to park landscaping and equipment;

(2) Overload any restroom and other facilities;
(3) Irresolvable conflict with another group event or with a city event;

(4) Excessive traffic congestion or noise in a neighborhood; or

(5) Any other adverse impact upon the city, or the health, safety or welfare of its residents.

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 455 of 793 11 (C) The City Official responsible for implementing this section in coordination with the city's Community Services Department shall be the Facilities and Construction Manager or his or her designee.
§ 96.42 PERMIT CONTENTS.

Any permit issued per this chapter shall reflect all information required by the city's park regulations.
§ 96.43 APPEALS.

Any determination upon a permit application, whether that determination be an approval of a permit, a denial of a permit, or the placement of any particular term or condition upon the issuance of a permit, may be appealed per the city's park regulations. § 96.44 SIGNS.

This subchapter shall only apply to group events proposed to take place in a park that incorporates a sign advising the public of the requirement of a permit for any proposed group event.
§ 96.45 RAIN OR ADVERSE WEATHER CONDITION.

When rain or any other adverse weather condition, such as excessive heat, wind, and the like, prevents a group event that has been the subject of an approved permit issued per this subchapter from taking place, the approved group event may not take place on any rescheduled date absent written authorization of said rescheduled date by the City Manager. The organizing person or party with respect to any group event necessarily postponed by rain or an adverse weather condition has the sole responsibility to secure the Supervisor's authorization for that group event's rescheduling hereunder. § 96.98 VIOLATIONS; ENFORCEMENT.
(A) Any violation of this chapter shall be treated as a strict liability offense; a violation shall be deemed to have occurred regardless of a violator's intent. The City Manager, Police Chief, Fire Marshal and their respective designees are charged with the enforcement of this chapter's provisions.
(B) Any person, partnership, association, corporation, or other legal entity that engages in any conduct that represents a violation of this chapter shall be guilty of an infraction, and upon conviction thereof, shall be punished as provided in § 10.99 of this Code.
(C) Any person, partnership, association, corporation, or other legal entity that engages in any conduct that represents a second violation of this chapter shall be guilty

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 456 of 793 12 of a misdemeanor, and upon conviction thereof, shall be punished as provided in §

10.99 of this Code.
(D) This section is intended to be cumulative to, and not in place of, other rights and remedies available to the city. Above and beyond the violations and penalties specified herein, the City Attorney and/or any duly authorized city official authorized by the City Manager or the Police Chief to enforce this chapter, may pursue any other right or remedy permitted by this Code or other applicable authority, including but not limited to the commencement of a civil action, or an administrative action based upon a citation issued per Chapter 11 of this Code to any person, partnership, association, corporation, or other legal entity that engages in any conduct that represents a violation of this chapter.
(E) Administrative penalties for citations arising from a violation of this chapter shall be punished per the schedule of fines established by resolution of the City Council or by the park regulations.
(F) Any person who fails to timely pay an administrative penalty specified in Chapter 11 for a violation of this chapter, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in § 10.99 of this Code. (G) Notwithstanding the absence in Chapter 11 of any provision requiring payment due upon appeal of an administrative citation, any person appealing the issuance of an administrative citation issued upon a violation of this chapter shall pay an appellate fee established by resolution of the City Council.

Section 2. Severability
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 3. Publication
The City Clerk is authorized and directed to cause this Ordinance to be published as required by law.

Section 4. Adoption and Effective Date
This Ordinance shall be introduced at a regular meeting and adopted at a regular meeting at least seven days after introduction. The Ordinance shall be effective upon the thirty-first day following adoption.

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 457 of 793 13 / / /
/ / /
/ / /
PASSED, APPROVED and ADOPTED this 7th day of February 2024. ___________________________

LUPE RAMOS AMITH
MAYOR
ATTEST:
__________________________

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 458 of 793

GENERAL PROVISIONS
§ 96.01 DEFINITIONS.

CITY MANAGER. The City Manager of the City of Indio, or his or her designee.

COMMUNITY BASED ORGANIZATION or CBO. Any public nonprofit benefit corporation of demonstrated effectiveness approved by the Community Services City Manager. The City Clerk shall maintain a list of approved CBOs prepared and updated by the Community ServicesCity Manager as a public record.

FIRE MARSHAL. The person responsible for direction of fire services provided throughout the city or that person's designee.

GROUP EVENT.

(1) An organized picnic, exhibit, show, class, or similar gathering of people in a park:
(a) At which the organizing person or party serves food or beverages, regardless of whether those consuming said food or beverages are charged for same; or (b) To which the organizing person or party brings furniture or equipment such as tables, booths, tents or play equipment.

(2) GROUP EVENTS include any large group event; however, no city event shall be considered or treated as a GROUP EVENT hereunder.

COMMUNITY SERVICES MANAGER. Any person designated by the City Manager to perform the duties of the COMMUNITY SERVICES MANAGER under this chapter.

COMMUNITY SERVICES SUPERVISOR; SPECIAL EVENTS or SUPERVISOR. Any person designated by the City Manager or the Community Services Manager to perform the Supervisor’s duties under this chapter.

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 459 of 793 LARGE GROUP EVENT. Any group event, including any Indio-based group event, meeting both of the following criteria: (1) the application for the group event permit in question anticipates attendance of 50 persons or more, including the organizing person or party and any staff thereof, and any people who will be performing or entertaining at the proposed group event, and (2) the SupervisorCity Manager determines that the group event in question will require the dedication of city staff time to address and mitigate event-specific impacts on the community such as those listed in § 96.40(B). However, every GROUP EVENT with an anticipated attendance of 100 persons or more, including the organizing person or party and any staff thereof, shall be a LARGE GROUP EVENT.

PARK REGULATIONS. Regulations adopted by the City Council, Community Services or City Manager or the Community Services Commission to facilitate this chapter’s implementation and advance its efficiency in meeting the needs of the community.

PARKSITE. A discreet or definable site or an area within a park that may serve as the location for a group event, and for which a permit may be obtained per this chapter.

POLICE CHIEF. The Chief of the Indio Police Department or his or her designee.

WEAPON. Any firearm, firecracker, rocket, firework, missile, item listed in § 12020(a) of the Cal. Penal Code, or less than lethal weapon listed in § 12601(a) of the Cal. Penal Code. (Ord. 1565 passed 12-16-09; Am. Ord. 1618, passed 9-19-12) § 96.02 DESERT RECREATION DISTRICT.
(A) This chapter shall not apply to any park or facility owned by the Desert Recreation District except by written agreement with that agency.
(B) This chapter shall apply to any park or facility owned by the City of Indio, notwithstanding that such park or facility is managed, operated and, or maintained by the Desert Recreation

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 460 of 793 District except by written agreement with that agency.. For City-owned parks managed, operated, or maintained by Desert Recreation District, the City Manager may designate the General Manager of the District as his or her designee for any acts to be done under this Chapter.

PARK USE RULES
§ 96.10 LARGE GROUP EVENTS BY PERMIT ONLY; RESERVATIONS FOR OTHER GROUP EVENTS.

(A) Large group events, including Indio-based group events that qualify as such, may only take place at a park upon issuance of a permit by the Community Services Supervisor; Special EventsCity Manager or Community Services Commission in accord with all applicable provisions of this chapter.

(B) Although group events generally shall not require permit, park sites may be reserved for group events via the permit process provided in § 96.40. Any person or party who secures a permit authorizing a particular group event to take place at a particular park site shall be entitled by this chapter to hold the group event in question at the park site in question, to the exclusion of all other persons and parties.
(Ord. 1565, passed 12-16-09; Am. Ord. 1618, passed 9-19-12) § 96.11 PUBLIC HOURS OF USE; PARKING.
(A) Except in accord with a specific written permit provision, no person shall use for any purpose or otherwise remain, stay, or loiter in any park between the hours of 10 p.m. and 6 a.m.

Parking at any park shall be permitted only in accordaccordance with §Section 71.11. (B) The City Manager may designate extended park hours for any park when the City Manager determines that such extension of hours is consistent with sound use of park resources, will enhance recreational activities in the city, and will not be detrimental to the public health, safety or welfare. The prohibitions contained in subsection A of this section shall not apply to any person present in a park during extended park hours designated pursuant to this subsection. (C) Notwithstanding subsection A of this section, the Police Chief may order any park closed before sunset and after sunrise when he or she determines that activities constituting a threat to public health, safety or welfare have occurred or are occurring in the park and that such closing is necessary to protect the public health, safety or welfare. At least one sign designating the hours when the park is closed shall be installed prominently in the park. During any time when a park is ordered closed, it is unlawful for any person to remain, stay, or loiter in said park during said period.

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 461 of 793 (D) It shall be unlawful to enter or remain in a children’s playground area if such person is eighteen (18) years of age or older unless actually engaged in the care, custody or supervision of a person younger than eighteen (18) years of age who is using the child playground facilities. § 96.12 FIRES.

No person shall light or maintain any fire, except in a barbeque, stove, fire circle or other place provideddesignated by the city as a park amenity, feature or fixture, or as specifically approved by the Fire Marshal concurrent with the issuance of a permit under this chapter. This section shall prohibit the use of any personal barbeque equipment in any park. § 96.13 WEAPONS.

(A) Exemption from noise ordinance. City issuance of a permit for any group event or Sunday field use under this chapter shall qualify activity taking place per that permit as exempt from regulation under Chapter 95C dedicated to noise control.

(B) Noise ordinance otherwise applicable. With the exception of the specified exemptions enumerated in § 95C.09 and conduct or speech that is permitted or protected by state or federal law, Chapter 95C shall apply to any activity or proposed activity undertaken in a park without a permit.
§ 96.15 HORSES AND VEHICLES.

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 462 of 793

No person shall sell, offer or solicit the sale of goods or services within a park, or shall pass out commercial handbills or advertising, or shall commercially offer or provide teaching services within a park. This prohibition shall not apply to activity authorized by a special event permit, a vending permit, or a permit issued per this chapter. Nothing in this section shall in any way or to any degree limit the applicability of Chapter 110 of this code to any activity or proposed activity in a park. Sales of food or goods from vending carts is prohibited except as authorized by Chapter 114 or addressed by a specific written permit provision. (Ord. 1565, passed 12-16-09; Am. Ord. 1767, passed 12-15-21) § 96.18 CAMPING.

Camping in any park shall only take place in compliance with Code of Indio §§ 130.020 through 130.022 inclusive.
§ 96.19 VANDALISM.

No person shall:

(A) Pick, dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof growing in a park; or

(B) Cut, break, deface or injure any building, structure, monument, sign, fence, bench, equipment or property in a park.
(C) No person shall open, expose, or interfere with any water system or utility, provided that this prohibition shall not apply to the use of any drinking fountain for its intended purpose.” § 96.20 DOGS.

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 463 of 793 (A) In accord with city signage, a dog at any location within a park shall be restrained by a leash; provided, however, that the provisions of this section may be temporarily waived per the terms of a permit issued pursuant to this chapter.

(B) In park areas designated by the City Council as off leash areas, dogs are permitted off- leash under the rules stated in § 96.21.

(D) No dog shall be allowed on any sports field in a park except per a specific written permit provision.
§ 96.21 OFF-LEASH AREAS.

The following rules apply within off-leash areas:

(A) No dog is permitted in an off-leash area except in the care, custody and control of a person 13 years of age or older.

(B) No person may have more than two dogs in an off-leash area at any time.

(D) No dog is permitted in the off-leash area except during that area's posted hours of operation.

(E) Any dog in an off-leash area must be at least four months of age, vaccinated for rabies, and have a current animal license.

(F) No dog that is sick, in heat, or unreasonably aggressive is permitted in an off-leash area.

(G) Any person having care or custody of a dog in the off-leash area shall promptly remove that dog's waste.

(H) No animals other than dogs are permitted in an off-leash area.

(I) No dog obedience classes may be conducted in an off-leash area.

(J) The use of an off-leash area by a dog's owner or any other person having care, custody, or control of the dog in question shall constitute an agreement by the dog owner or custodian in question to follow the rules stated in this section, a further, a waiver and release of any and all claims of the city, and agreement to protect, indemnify, defend and hold the city harmless from any claim, injury or damage arising from or related to such use. (F)

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 464 of 793 (K) It shall be unlawful for any person to have a dog in an off-leash area between 10:00 p.m. and 7:00 a.m.
§ 96.22 GOLF.

(A) No person shall enter, be or remain in any park while in possession of any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed.

(C) This section may only be waived pursuant to the terms and conditions of a permit issued pursuant to this chapter by the Community Services Commission. (Ord. 1565, passed 12-16-09; Am. Ord. 1618, passed 9-19-12) § 96.25 ADDITIONAL REGULATIONS.

No temporary regulation issued hereunder may be enforced for more than 180 consecutive days.

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 465 of 793 Each new park regulation adopted, or a summary statement explaining the modification or repeal of an established park regulation, shall be published in the local newspaper twice within the two weeks after adoption, with not less than five days between publications. The park regulations shall provide the process for appealing the adoption of a new park regulation, or the modification or repeal of an established regulation. The City Council retains and may exercise at its discretion authority to adopt, modify or repeal any park regulation. (Ord. 1565, passed 12-16-09; Am. Ord. 1618, passed 9-19-12) § 96.26 USE OF FIELDS ON SUNDAYS; PERMITS.

No formally organized sports competition may be scheduled to take place in any park on Sunday unless a permit for said scheduling has been approved by the Community Services Commission and issued by the Community ServicesCity Manager, or their designee. Permits for such activity, and appeals regarding decisions as to same shall be considered per the city's park regulations. (Ord. 1565, passed 12-16-09; Am. Ord. 1618, passed 9-19-12) § 96.27 TITLE 100, SKATE PARKS.

Title 100 of the Code of Indio shall continue in full force and effect as additional authority applicable to the use of skate parks in the city.
§ 96.28 PARK USE AS CITY ENTERPRISE.

The City Council may from time to time consider and approve park programs, including but not limited to facilitating the rental or leasing of a park, and may also sponsor city events incorporating the use of a park that will serve to advance the public welfare and allow the city's use of its parks as a revenue-generating enterprise.
§ 96.29 FEES.

The City Council shall from time to time, by resolution, set and modify the fees payable by any applicant: (A) that applies for a permit to have a large group event in a city park pursuant to §

96.03, (B) that applies for a permit to engage in Sunday use of park fields pursuant to § 96.26 and any applicable park regulation, (C) that applies for a permit that necessitates the presence of city staff at a park during a group event pursuant to the park regulations, (D) that wishes to appeal any determination or citation under this chapter and the park regulations. Fees shall generally shall not be payable by any applicant for a group event permit that does not meet the criteria of a large group event. However, notwithstanding any other provision of this chapter, any applicant for a group event permit shall pay fees payable upon an appeal, fees payable for a

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 466 of 793 background investigation, and fees payable to fund the presence of city staff at a group event per this chapter. No fees payable per this chapter shall exceed the costs reasonably borne of providing the corresponding services provided per this chapter. No fees shall be payable with respect to the filing or consideration of an application for a city event. The fees payable in relation to an Indio-based group event shall be at least 20% lower than any fees payable for any other group event. Any appellant under this chapter that prevails upon its appeal shall be entitled to the city's return of its fees that were payable on appeal. § 96.30 TEMPORARY PARK CLOSURESSMOKING PROHIBITED.

Any park may be temporarily closed per the city's park regulations. (A) It is unlawful for any person to smoke or to dispose of any lighted match or cigarette, cigar ashes or any flaming or glowing substance in any park.
(B) For the purposes of the Section:
(1) Smoke or smoking means and includes any of the following: (a) the direct burning or indirect heating of any cigar, cigarette, pipe, electronic smoking device, or any similar kind of smoking equipment or article, using any form of tobacco, cannabis, plant product, or other combustible substance in any form, or (b) the holding or carrying of a lighted or operated cigar, cigarette, pipe, electronic smoking device, or any other lighted smoking equipment or device, or (c) emitting or exhaling the smoke directly from a cigar, cigarette, pipe, electronic smoking device, or any other lighted smoking equipment or device. "Smoke" also means the gaseous or vaporous products or particles created by the use of a lighted or operated pipe, cigar, cigarette, electronic smoking device, or other kind of smoking equipment or article. (2) Electronic smoking device means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately; and includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.
(3) Park shall have the same meaning as in Section 96.01, except shall not include golf courses.
§ 96.31 PUBLIC RECORDS.

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 467 of 793 Any document prepared per this chapter shall be a public record maintained in accord with the city's records retention policy, and shall be subject to redaction only per a decision by the City Attorney in accord with the California Public Records Act.

PERMITS FOR GROUP EVENTS
§ 96.40 PERMIT APPLICATION.

Each application for a group event permit shall be made in writing on a form provided by the Community ServicesCity Manager, and shall be filed with the Community Services Department together with any application fees that may be established from time to time by resolution of the City Council. The contents of each permit application shall comply with the city's park regulations.
(Ord. 1565, passed 12-16-09; Am. Ord. 1618, passed 9-19-12) § 96.41 PERMIT REVIEW, ISSUANCE AND DENIAL.

(A) The Community Services Supervisor of Special EventsCity Manager shall be the City Official responsible for the receipt, review and consideration of applications for group event permits filed per this chapter. However, the Community Services Commission shall review and consider any application for a large group event permit. The process through which each application is reviewed, issued or denied shall conform to the city's park regulations.

(B) Absent group event specific circumstances, the city's consideration of each application shall address whether the proposed group event or large group event can be approved as requested without causing, or likely causing any of the following impacts:

(1) Damage to park landscaping and equipment;

(2) Overload any restroom and other facilities;

(3) Irresolvable conflict with another group event or with a city event;

(4) Excessive traffic congestion or noise in a neighborhood; or

(5) Any other adverse impact upon the city, or the health, safety or welfare of its residents.

(C) The City Official responsible for implementing this section in coordination with the city's Community Services Department shall be the Facilities and Construction Manager or his or her designee.
(Ord. 1565, passed 12-16-09; Am. Ord. 1618, passed 9-19-12)

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 468 of 793 § 96.42 PERMIT CONTENTS.

Any permit issued per this chapter shall reflect all information required by the city's park regulations.
§ 96.43 APPEALS.

(A) Any violation of this chapter shall be treated as a strict liability offense; a violation shall be deemed to have occurred regardless of a violator's intent. The City Manager, Police Chief, Fire Marshal and their respective designees are charged with the enforcement of this chapter's provisions.

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 469 of 793 (B) Any person, partnership, association, corporation, or other legal entity that engages in any conduct that represents a violation of this chapter shall be guilty of an infraction, and upon conviction thereof, shall be punished as provided in § 10.99 of this Code.

(C) Any person, partnership, association, corporation, or other legal entity that engages in any conduct that represents a second violation of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in § 10.99 of this Code.

(D) This section is intended to be cumulative to, and not in place of, other rights and remedies available to the city. Above and beyond the violations and penalties specified herein, the City Attorney and/or any duly authorized city official authorized by the City Manager or the Police Chief to enforce this chapter, may pursue any other right or remedy permitted by this Code or other applicable authority, including but not limited to the commencement of a civil action, or an administrative action based upon a citation issued per Chapter 11 of this Code to any person, partnership, association, corporation, or other legal entity that engages in any conduct that represents a violation of this chapter.

(E) Administrative penalties for citations arising from a violation of this chapter shall be punished per the schedule of fines established by resolution of the City Council or by the park regulations.

(F) Any person who fails to timely pay an administrative penalty specified in Chapter 11 for a violation of this chapter, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in § 10.99 of this Code.

(G) Notwithstanding the absence in Chapter 11 of any provision requiring payment due upon appeal of an administrative citation, any person appealing the issuance of an administrative citation issued upon a violation of this chapter shall pay an appellate fee established by resolution of the City Council.

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Ordinance No. 1808, Amending Chapter 96 of the Indio Municipal Code Rela... Page 470 of 793 City of Indio
City Council
February 7, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Steven Graham, City Attorney
Subject: Ordinance No. 1809 - An Ordinance of the City Council of the City of Indio, California Repealing Chapter 11 and Various Sections of Chapter 10 of the Indio Municipal Code, Amending Various Sections and Adding Chapter 12 Relating to the Enforcement of the Code

RECOMMENDATION:

It is recommended that the City Council take the following action: (1) Waive Full Reading and Introduction of Ordinance No. 1809 by Title Only; and, (2) Direct the City Manager to place Second Reading and Adoption of Ordinance No. 1809 on the Consent Calendar for the next regularly scheduled City Council meeting.

SUMMARY:

Introduction: The City Attorney's Office, working in close collaboration with the Code Enforcement Unit of the Indio Police Department, presents the City Council with this comprehensive update of city ordinances aimed at enhancing the effectiveness and efficiency of code enforcement activities within the city. Background: Over the years, Indio has grown and evolved, necessitating a review and update of our existing code enforcement ordinances. The current code enforcement language, in some instances, has proven to be inadequate in addressing the diverse range of code violations occurring within the city. This inadequacy has led to challenges in ensuring compliance and maintaining the health, safety, and aesthetic standards that our community values. Objective: The primary objective of this ordinance update is to refine and strengthen the city's code enforcement language, code empower will This enforceable. clear, comprehensive, more it making and enforcement officers with the tools they need to effectively address violations, ultimately leading to a safer, healthier, and more visually appealing community. Key Areas of Focus: Clarification and Definition: Revise ambiguous language in the current ordinances and provide clearer definitions to ensure that both the code enforcement officers and the public understand the standards and expectations. Streamlining Processes: Simplify and streamline enforcement processes to reduce response times and increase efficiency. Penalty Structure Review: Reevaluate the penalty structure for code violations to ensure that penalties are appropriate, deterrent, and consistent across different types of violations. Compliance Incentives: Introduce incentives for voluntary compliance to encourage promptly. The Changes: Proposed violations and to businesses residents rectify proposed ordinance update includes the following key changes: Increased Clarity: Language revisions for greater clarity and understanding of code requirements. Revised Penalties: Provision for additional enforcement strategies beyond administrative citations to reflect the severity of the violation and ensure deterrent effect. Streamlined Processes: Procedures for quicker resolution of violations correction and appeals. Incentives for Compliance: Programs to reward timely of violations. Community Impact: The proposed ordinance update is expected to have a positive AGENDA ITEM #11.6
Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 471 of 793 impact on the community by reducing the prevalence of code violations, enhancing the aesthetic appeal residents. for life of quality the overall and neighborhoods of safety and improving Conclusion and Recommendation: The proposed comprehensive ordinance update is a critical step toward more effective code enforcement in Indio. The changes will provide the necessary tools and clarity to ensure that code enforcement is both efficient and effective. It is recommended that the City Council review these proposed updates and consider their adoption to enhance the well-being and standard of living in our community.

ATTACHMENTS:

Attachment 1 - Ordinance No. 1809 - Municipal Code Enforcement

APPROVAL(S):

Bryan H. Montgomery, City Manager Approved - 30 Jan 2024

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 472 of 793 1 ORDINANCE NO. 1809

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, REPEALING CHAPTER 11 AND VARIOUS SECTIONS
OF CHAPTER 10 OF THE INDIO MUNICIPAL CODE, AMENDING
VARIOUS SECTIONS AND ADDING CHAPTER 12 ALL RELATING TO

THE ENFORCEMENT OF THE CODE
WHEREAS, pursuant to the City’s police power under Article XI Section § 7 of the California Constitution, the City Council of the City of Indio has the authority to enact and enforce ordinances and regulations for the public peace, morals, and welfare of the City and its residents; and
WHEREAS, the City Council finds that the enforcement of City codes and applicable State laws throughout the city is an important public service that is vital to the protection of the public's health, safety and quality of life; and WHEREAS, the City Council further finds and recognizes that enforcement depends upon clear and precise regulations that can be effectively applied in administrative enforcement hearings and judicial proceedings; and WHEREAS, the City Council further finds that a comprehensive code enforcement system that uses a combination of judicial and administrative remedies is critical to maintaining code compliance; and
WHEREAS, the City Council further finds that there is a need for a variety of administrative remedies that do not require the city to file court actions to initiate enforcement of violations of the City of Indio Municipal Code and applicable state codes; and
WHEREAS, it is the purpose and intent of the City Council to adopt an ordinance that provides these vital services in accordance with State and Federal law.

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

Section 1. Municipal Code Amendment.
(a) Chapter 11 of Title I of the Indio Municipal Code is hereby repealed in its entirety.
(b) Sections 10.20, 10.21, 10.22, 10.23, 10.24, 10.25, 10.98. 10.99, and 10.100 of Chapter 10 or Title I of the Indio Municipal Code are hereby repealed in their entirety.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 473 of 793 2 (c) All references within the Indio Municipal Code (including the Unified Development Code) to any section referenced above in subsections (a) or (b) or to Chapter 95A shall be amended to refer to Chapter 12 of Title I of the Indio Municipal Code, including but not limited to, the following:
(1) Section 1.01.07 of the Unified Development Code shall be amended to read as follows:

It is a public nuisance for any person, firm, company, or organization to own, use, operate, lease, or otherwise maintain a property or a building, or to own, operate, lease, or otherwise maintain property in violation of any provision of this Code. Notices of violation shall be provided and recorded, and nuisances abated according to the provisions of Chapter 12 of the Indio Municipal Code.
(2) Section 4.04.04(D) of the Unified Development Code shall be amended to read as follows:

Any violation of this Section is a misdemeanor and a public nuisance. The nuisance may be enjoined or otherwise abated by the City in the manner described in Chapter 12 of the Indio Municipal Code and any other applicable provision of state or local law.
(3) Section 6.07.16 of the Unified Development Code shall be amended to read as follows:

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 12 of the Indio Municipal Code. (4) Section 6.08 of the Unified Development Code shall be amended to read as follows:
“See Chapter 12 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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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 474 of 793 3 (d) Section 37.018 of Chapter 37 of Title III of the Indio Municipal Code is hereby amended to read as follows:

SECTION 37.018: VIOLATIONS AND PENALTIES
(A) Operating a short-term rental without a valid permit is prohibited. Advertising shall be prima facie evidence of operation. Additional evidence of operation may include, but not limited to guest testimony, online reviews, rental agreements or any other information deemed relevant by the city.
(B) Any person violating the provisions of this chapter, including without limitation the owner, responsible person, occupants and the local contact persons may be subject to administrative and/or judicial remedies as set forth herein. The owner of a short-term rental shall be deemed responsible for all violations of this chapter occurring at the short-term rental or in connection with its operation, provided that this shall not preclude the city from issuing fines or citations to occupants, or exercising other remedies against occupants, if the responsible person or occupants are deemed to have committed the violation.
(C) Any person who violates any provision of this chapter is guilty of a misdemeanor.

Such violation is punishable as set forth in Chapter 12 of this code. Each and every day, or portion thereof, that a violation of this chapter exists constitutes a separate and distinct violation.
(D) Alternatively, any person who violates any provision of this chapter may be issued an administrative citation in accordance with Chapter 12 of this code. The amount of the administrative fine shall be set forth in a schedule of fines adopted by resolution of the City Council. Each and every day such a violation exists shall constitute a separate and distinct violation of this chapter. (E) In addition to the foregoing, a violation of any provision of this chapter shall constitute a public nuisance and shall be subject to abatement by the city by means of a civil action or administrative abatement pursuant to Chapter 12 of this code, and each day such condition continues it shall be regarded as a new and separate offense. (F) The remedies provided for in this section are in addition to, and not in lieu of, all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this chapter.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 475 of 793 4 (e) Section 95.01 of the Indio Municipal Code is hereby amended to read as follows:
§ 95.01 ENFORCEMENT HEARING OFFICER
(A) The functions and duties of the former Indio Consolidated Appeals Board, as specified in Chapter 95 are transferred to the Enforcement Hearing Officer established by Chapter 12 of this Code. Where the Code makes reference to the Indio Consolidated Appeals Board, such references shall be deemed to refer to the Enforcement Hearing Officer and where such reference grants or infers functions and duties for the former Indio Consolidated Appeals Board, those functions and duties shall be deemed transferred to the Enforcement Hearing Officer. (B) Appeals to the Enforcement Hearing Officer shall be based upon a claim that the intent or provisions of Code of Indio Chapters 93, 95A, 95B, 95D, or 151 has been incorrectly interpreted or applied. The Enforcement Hearing Officer shall have no authority to waive requirements of any of these chapters. (f) All references in Chapter 95 to the Indio Consolidated Appeals Board shall be amended to refer to the Enforcement Hearing Officer appointed pursuant to Chapter

12. (g) Subdivision (B) of Section 95A.105 of Chapter 95 shall be amended to replace “to the Indio Consolidated Appeals Board pursuant to § 95A.120” with “in accordance with the applicable provisions of Chapter 12 of this Code”. (h) Subdivision (A) of Section 95A.113 of Chapter 95 shall be amended to replace “to the Indio Consolidated Appeals Board pursuant to § 95A.121” with “in accordance with the applicable provisions of Chapter 12 of this Code”. (i) Subsection (6) of Subdivision (C) of Section 95A.113 of Chapter 95 shall be amended to replace “to the Indio Consolidated Appeals Board pursuant to §§ 95A.120 and 95A.121” with “in accordance with the applicable provisions of Chapter 12 of this Code”.
(j) Subdivision (C) of Section 37.018 of Chapter 37 shall be amended to replace “§ 10.99” with “Chapter 12”.
(k) Subdivision (D) of Section 37.018 of Chapter 37 shall be amended to replace “Chapter 11” with “Chapter 12”.
(l) Subdivision (E) of Section 37.018 of Chapter 37 shall be amended to replace “Chapter 95A” with “Chapter 12”.
(m) Section 95A.114 of Chapter 95 shall be amended to replace “Chapter 11” with “Chapter 12”.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 476 of 793 5 (n) The title of Section 95A.120 of Chapter 95 shall be amended to read as follows:
“§ 95A.120 GRIEVANCE WITH ABATEMENT ORDER”
(o) Section 95A.120(D) shall be amended to read as follows::
“(D) Upon the receipt of the written appeal, a hearing will be scheduled and conducted in accordance with the applicable provisions of Chapter 12 of this Code.” (p) Section 95A.120(E) shall be amended to read as follows:
“(E) On the date a written appeal is filed under this section, all proceedings in furtherance of the order appealed shall be stayed in accordance with the applicable provisions of Chapter 12 of this Code.”
(q) The title of Section 95A.121 of Chapter 95 shall be amended to read as follows:
“§ 95A.121 GRIEVANCE WITH COST ORDER”
(r) Subdivision (D) Section 95A.121 of Chapter 95A Amended. Title IX, Chapter 95A, Section 95A.121, Subdivision (D) of the Indio Municipal Code as Adopted in Ordinance 1529; as Amended by Ordinance 1589; as Amended by Ordinance 1611 is hereby Amended to read as follows:
“(D) Upon receipt of the written appeal, a hearing will be scheduled and conducted in accordance with the applicable provisions of Chapter 12 of this Code.” (s) Section 95A.123 of Chapter 95 shall be amended to replace “Chapter 10” with “Chapter 12”.
(t) Section 95A.124 of Chapter 95A Amended. Title IX, Chapter 95A, Section 95A.124, of the Indio Municipal Code is hereby Amended to read as follows:
“Nothing in this chapter shall prevent the City Attorney from commencing a civil, criminal or other proceeding to abate a public nuisance as an alternative to, or in addition to, the proceedings set forth in this chapter or Chapter 12 of this Code.” (u) Section 95D.102 of Chapter 95D shall be amended to remove “or a Nuisance Abatement Appeals Board's written final order decision issued pursuant to § 95A.120, if any” from the definitions of “ABATEMENT ORDER.” and “ADMINISTRATIVE PENALTY PAYMENT DUE DATE.”
(v) Subdivision (B) of Section 95D.109 of Chapter 95D shall be amended to replace “Chapter 10” with “Chapter 12.”

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 477 of 793 6 (w) Subdivision (C) of Section 95D.109 of Chapter 95D shall be amended to replace “Chapter 95A” with “Chapter 12.”
(x) Section 95D.110 of Chapter 95D Amended. Title IX, Chapter 95D, Section 95D.110 of the Indio Municipal Code is hereby Amended to read as follows:
“Any person aggrieved by any of the requirements of this chapter may appeal in accordance with the applicable provisions of Chapter 12 of this Code.” (y) Subdivision (A) of Section 95E.110 of Chapter 95E shall be amended to replace “Section 10.99” with “Chapter 12.”
(z) Subdivision (B) of Section 95E.110 of Chapter 95E shall be amended to replace “§ 10.99” with “Chapter 12.”
(aa) Subdivision (D) of Section 95E.110 of Chapter 95E shall be amended to replace “Chapter 95A” with “Chapter 12.”
(bb) Chapter 12 is hereby added to Title I of the Indio Municipal Code to read as follows:

CHAPTER 12: ENFORCEMENT OF CODE
DIVISION 1. DEFINITIONS
Sec. 12.01.01. Definitions.

DIVISION 2. CODE ENFORCEMENT AUTHORITY AND POWERS
Sec. 12.02.01. Declaration of purpose.

Sec. 12.02.02. General enforcement authority.

Sec. 12.02.03. Authority to issue notice to appear and release citations.

Sec. 12.02.04. Notice of violation.

Sec. 12.02.05. Authority to inspect.

Sec. 12.02.06. Power to arrest.

Sec. 12.02.07. Violation of Code.

Sec. 12.02.08. Subpoenas.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 478 of 793 7 DIVISION 3. NOTICE
Sec. 12.03.01. Service of notices.

Sec. 12.03.02. Proof of service of notices.

Sec. 12.03.03. Constructive notice of recorded documents.

DIVISION 4. JUDICIAL REMEDIES
Sec. 12.04.01. Judicial remedies.

Sec. 12.04.02. Failure to appear or post bail.

Sec. 12.04.03. Civil violations—Injunctions and civil penalties.

Sec. 12.04.04. Code enforcement performance bond.

Sec. 12.04.05. Judicial abatement.

Sec. 12.04.06. Treble damages for subsequent abatement judgments.

DIVISION 5. ADMINISTRATIVE REMEDIES
Sec. 12.05.01. Administrative remedies.

Sec. 12.05.02. Declaration of purpose.

Sec. 12.05.03. Authority.

DIVISION 6. ISSUANCE AND RECORDATION OF NOTICES OF

VIOLATION
Sec. 12.06.01. Issuance and recordation of notices of violation.

Sec. 12.06.02. Declaration of purpose.

Sec. 12.06.03. Procedures for issuance of a notice of violation.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 479 of 793 8 Sec. 12.06.04. Procedures for recordation.

Sec. 12.06.05. Service of notice of violation.

Sec. 12.06.06. Procedures to appeal recordation.

Sec. 12.06.07. Appeal hearing.

Sec. 12.06.08. Notice of compliance—Procedures.

Sec. 12.06.09. Prohibition against issuance of municipal permits.

Sec. 12.06.10. Cancellation of recorded notice of violation.

DIVISION 7. ADMINISTRATIVE CIVIL PENALTIES
Sec. 12.07.01. Administrative civil penalties; purpose; authority.

Sec. 12.07.02. Procedures—Notice and order.

Sec. 12.07.03. Determination of civil penalties.

Sec. 12.07.04. Administrative costs.

Sec. 12.07.05. Appeal of administrative civil penalty.

Sec. 12.07.06. Failure to comply with enforcement official's notice and order.

Sec. 12.07.07. Civil penalties hearing.

Sec. 12.07.08. Administrative enforcement order.

Sec. 12.07.09. Failure to comply with the administrative enforcement order.

Sec. 12.07.10. Allocation of administrative civil penalties.

DIVISION 8. ADMINISTRATIVE CITATIONS
Sec. 12.08.01. Declaration of purpose.

Sec. 12.08.02. Authority.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 480 of 793 9 Sec. 12.08.03. Contents of Administrative Citation and Compliance Order.

Sec. 12.08.04. Administrative Citation Service Procedures.

Sec. 12.08.05. Hearing to Contest Administrative Citations.

Sec. 12.08.06. Right of Judicial Review of Hearing Officer Decision.

Sec. 12.08.07. Penalties Assessed and Hardship Waiver.

Sec. 12.08.08. Failure to pay penalties.

Sec. 12.08.09. Allocation of administrative fines.

DIVISION 9. SUMMARY ABATEMENT
Sec. 12.09.01. Declaration of purpose.

Sec. 12.09.02. Summary abatement.

Sec. 12.09.03. Authority.

Sec. 12.09.04. Procedures.

DIVISION 10. ADMINISTRATIVE ABATEMENT
Sec. 12.10.01. Declaration of purpose.

Sec. 12.10.02. Authority.

Sec. 12.10.03. General Procedures and Appeals.

Sec. 12.10.04. Abatement of a Public Nuisance by the City.

DIVISION 11. ADMINISTRATIVE ENFORCEMENT APPEALS
Sec. 12.11.01. Appeal Procedures.

Sec. 12.11.02. Appeal Hearing.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 481 of 793 10 Sec. 12.11.03. Failure to Attend an Administrative Enforcement Hearing.

DIVISION 12. ADMINISTRATIVE ENFORCEMENT HEARING

PROCEDURES
Sec. 12.12.01. Declaration of Purpose.

Sec. 12.12.02. Procedures for Notification of Enforcement Hearing.

Sec. 12.12.03. Disqualification of Enforcement Hearing Officer.

Sec. 12.12.04. Powers of Enforcement Hearing Officer.

Sec. 12.12.05. Procedures at Administrative Enforcement Hearing.

Sec. 12.12.06. Failure to Attend Administrative Enforcement Hearing.

Sec. 12.12.07. Administrative Enforcement Order.

Sec. 12.12.08. Judicial Review.

Sec. 12.12.09. Failure to Comply with Administrative Enforcement Order.

DIVISION 13. RECOVERY OF CIVIL PENALTIES, ADMINISTRATIVE

COSTS AND ABATEMENT COSTS
Sec. 12.13.01. Declaration of Purpose.

Sec. 12.13.02. Procedures for Recovering Costs.

Sec. 12.13.03. Recovery of Civil Penalties.

Sec. 12.13.04. Authority to Impose Lien/Special Assessment.

Sec. 12.13.05. Recovery as a Lien on Property.

Sec. 12.13.06. Recovery of Costs by Special Assessment.

Sec. 12.13.07. Repayment to Code Enforcement Civil Penalties Fund.

Sec. 12.13.08. Satisfaction of Lien/Special Assessment.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 482 of 793 11 DIVISION 14. ATTORNEYS' FEES AND COSTS
Sec. 12.14.01. Declaration of Purpose.

Sec. 12.14.02. Recovery of Costs.

DIVISION 15. CODE COMPLIANCE COST RECOVERY
Sec. 12.15.01. Code Compliance Costs.

Sec. 12.15.02. Declaration of Purpose.

Sec. 12.15.03. Authorization.

Sec. 12.15.04. Assessment of Code Compliance Costs.

Sec. 12.15.05. Notice of Assessment of Code Compliance Costs.

Sec. 12.15.06. Failure to Pay Code Compliance Costs.

Sec. 12.15.07. Collection of Code Compliance Costs.

Sec. 12.15.08. Payment to Code Enforcement Civil Penalties and Cost Recovery Fund.

DIVISION 16. CODE ENFORCEMENT CIVIL PENALTIES AND COST

RECOVERY FUND
Sec. 12.16.01. Declaration of Purpose.

Sec. 12.16.02. Establishment of Code Enforcement Civil penalties and Cost Recovery Fund.

Sec. 12.16.03. Use of Funds.

DIVISION 17. PRIVATE NUISANCE ABATEMENT
Sec. 12.17.01. Private Nuisance.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 483 of 793 12 Sec. 12.17.02. Private Nuisance Abatement.

DIVISION 1. DEFINITIONS
Sec. 12.01.01. Definitions.

As used in this Code, the following shall have the following meanings. (1) Abatement means any action the city may take on public or private property and any adjacent property as may be necessary to remove or alleviate a nuisance, including but not limited to demolition, removal, repair, boarding and securing or replacement of property.
(2) Administrative enforcement order means an order issued by an enforcement hearing officer after a hearing requiring a responsible person to correct violations, abate a public nuisance, pay civil penalties and administrative costs or take any other action as authorized or required by this Code and applicable state codes. The enforcement order may also include an order authorizing the city to abate a public nuisance or assess a nuisance abatement lien.
(3) Abatement notice means a notice issued by an enforcement officer which requires a responsible person to abate a public nuisance. (4) Code enforcement performance bond means a bond posted by a responsible person to ensure compliance with the City of Indio Municipal Code, applicable state codes, a judicial decree or administrative enforcement order. (5) Enforcement hearing officer means any person appointed by the city manager to preside over administrative enforcement hearings. (6) Enforcement official means any person authorized to enforce violations of the City of Indio Municipal Code or applicable state codes. (7) Financial institution means any person that holds a recorded mortgage or deed of trust on a property.
(8) Imminent life safety hazard means any condition which creates a present and immediate danger to life, property, health or public safety. (9) Legal interest means any interest that is represented by a document such as a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument which is recorded with the county recorder.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 484 of 793 13 (10) Notice and order means a document used in abatement and civil penalties actions which provides notice of the City of Indio Municipal Code or applicable state code violations and orders a responsible person to take certain steps to correct the violations.
(11) Notice of compliance means a document sent by an enforcement official representing that a property complies with the requirements listed in a notice of violation and that the responsible person or property owner has paid all fines, penalties and administrative costs of enforcement.
(12) Notice of violation means a written notice prepared by an enforcement official which informs a responsible person of code violations, requires compliance and contains specific information as required by the City of Indio Municipal Code.
(13) Nuisance abatement lien means a lien recorded to collect outstanding civil penalties and administrative costs imposed as part of a cost recovery, administrative or judicial code enforcement action.
(14) Person means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, limited liability company, business trust, organization or the manager, lessee, agent, servant, officer or employee of any of them or any other entity which is recognized by law as the subject of rights or duties.
(15) Property owner means the recorded owner of real property based on the county assessor's records.
(16) Public nuisance means the maintenance or use of property in the city in a manner that jeopardizes or endangers the health, safety or welfare of persons on the premises or in the surrounding area; or real property that has been the situs for nuisance activity including, but not limited to: disturbing the peace, illegal drug activity, public drunkenness, drinking alcoholic beverages in public, harassment of passersby, illegal gambling, prostitution, sale of stolen goods, acts of violence, public urination or defecation, acts of vandalism, acts of lewd conduct, unreasonable loud noise, loitering or excessive littering; or the maintenance or use of property in the city in a manner that violates, or real property that has been the situs of a violation of, any provision of this Code or any other city, state or federal law or regulation. (17) Responsible person means a person who an enforcement official determines is responsible for causing or maintaining a public nuisance or a violation of the City of Indio Municipal Code or applicable state codes. The term responsible person includes but is not limited to a property owner, tenant, person with a legal interest in real property or person in possession of real property.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 485 of 793 14 (18) Written includes printed, typewritten, mimeographed, multi- graphed, photocopied, facsimile and any other item of writing as listed in California Evidence Code § 250.

DIVISION 2. CODE ENFORCEMENT AUTHORITY AND POWERS
Sec. 12.02.01. Declaration of Purpose.
(A) The city council finds that the enforcement of the Municipal Code and applicable state codes throughout the city is an important public service. Code enforcement is vital to protection of the public's health, safety and quality of life. The council recognizes that enforcement depends upon clear and precise regulations that can be effectively applied in administrative enforcement hearings and judicial proceedings. The council further finds that a comprehensive code enforcement system that uses a combination of judicial and administrative remedies is critical to gain code compliance. Judicial remedies are traditional remedies to enforce laws by filing criminal and civil actions in a court of law. Administrative remedies are designed to provide fair and efficient methods of enforcing the provisions of the Municipal Code without the required expense and consumption of time that judicial actions may require. Failure to comply with an administrative code enforcement action may require the city attorney to file a judicial action to compel compliance.

Sec. 12.02.02. General Enforcement Authority.

All city enforcement officials designated in the City of Indio Municipal Code Chapter 12 shall have the authority and powers necessary to gain compliance with the provisions of the City of Indio Municipal Code and applicable state codes for which they are responsible. These powers include the power to issue notices of violation and field citations, inspect public and private property and use whatever judicial and administrative remedies are available under the Municipal Code or applicable state codes.

Sec. 12.02.03. Authority to Issue Notice to Appear and Release Citations. (A) Pursuant to the provisions of the Penal Code of the State of California § 836.5, certain officers and employees of the City of Indio are authorized to issue written notice to appear and release citations for misdemeanors or infraction violations of city ordinances, and applicable state codes, which such officers or employees have the duty to enforce.
(B) The following officers and employees of the City of Indio are hereby designated and authorized to issue said citations:
(1) Finance department:

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 486 of 793 15 (a) City Manager and their designee(s).
(b) Finance director and their designee(s).
(2) Fire department:
(a) Fire chief and their designee(s).
(b) All sworn personnel.
(3) Community development department:
(a) City Manager and their designee(s).
(b) Community Development Director and their designee(s). (c) Building inspectors (including supervising building inspectors, senior building inspectors, and building
inspectors).
(d) Building officials (including chief, senior, and deputy building officials).
(4) Police department:
(a) Police chief and their designee(s).
(b) All sworn personnel.
(c) Code enforcement officers and code enforcement manager. (d) Community service officers (I and II).
(5) Public works:
(a) City Manager and their designee(s).
(b) Public works director and their designee(s).
(6) Indio Water Authority:
(a) City Manager and their designee(s).
(b) Indio Water Authority General Manager and their
designee(s).

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 487 of 793 16 Sec. 12.02.04. Notice of Violation.

Division 6 provides the procedure for issuance and recordation of notices of violation where other sections of this Code, or applicable state codes, do not provide an alternative procedure.

Sec. 12.02.05. Authority to Inspect.
(A) All inspections, entries, examinations and surveys shall be conducted in compliance with the protections provided under the United States Constitution, the California State Constitution, and all other laws that may apply under the circumstances.
(B) City enforcement officials are authorized to enter upon any property or premises to ascertain whether the provisions of the City of Indio Municipal Code or applicable state codes are being obeyed, and to make any examinations, inspections and surveys as may be necessary in the performance of their enforcement duties.

These may include the taking of photographs, video recordings, audio recordings, soil samples, water samples, or other the collection of other physical evidence. (C) If an owner, occupant or agent refuses to grant City enforcement officials permission to enter upon any property or refuses to allow a City enforcement official to conduct any necessary examination, inspection or survey, the enforcement official may seek an administrative inspection warrant pursuant to the applicable procedures provided for in the California Code of Civil Procedure.

Sec. 12.02.06. Power to Arrest.
(A) City enforcement officials are authorized to place a person under arrest in accordance with the California Penal Code § 836.5, § 853.6, and § 830 et seq. (B) City enforcement officials that do not have the powers of arrest provided under Penal Code § 830 et seq. may only arrest a person by issuing a misdemeanor field citation, or by effecting a citizen's arrest with the assistance of a peace officer.

Sec. 12.02.07. Violation of Code.
(A) It shall be unlawful for any person to perform any act that is prohibited, made or declared to be unlawful or an offense by this Code, or to violate any provision or fail to comply with any of the requirements of this Code or for any property owner or occupant to maintain or use property in the city in a manner that constitutes a public nuisance.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 488 of 793 17 (B) A violation of any of the provisions of this Code, or failing to comply with any of the mandatory requirements of this Code shall constitute a public nuisance. (C) In accordance with California Penal Code § 370, the following shall constitute a public nuisance and a violation of this Code:
(1) Anything which:
(a) Is injurious to health, or
(b) Is indecent, or
(c) Is offensive to the senses, or
(d) Is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or; (e) Unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway.
(D) In accordance with California Civil Code § 3479, the following shall constitute a public nuisance and a violation of this Code:
(1) Anything which:
(a) Is injurious to health, including, but not limited to, the illegal sale of controlled substances, or
(b) Is indecent or offensive to the senses, or
(c) Is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or (d) Unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance. (E) In accordance with California Government Code § 38771, § 39501, § 39502, § 39560 § 39561, and 39561.5 the following shall constitute a public nuisance and a violation of this Code:
(1) Weeds.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 489 of 793 18 (a) Any property, premises, buildings, grounds or lots and their adjacent parking areas, sidewalks, or streets containing weeds which:
(i) Bear wingy or downy seeds, or
(ii) Constitute a menace to the public health, or
(iii) Endangers the public safety by creating a fire hazard, or
(iv) May harbor rats, vermin, ticks, or other disease
carriers, or pests, or
(v) Constitute an unsightly appearance, or
(vi) Constitute an attractive nuisance, or
(vii) Are otherwise noxious or dangerous.
(b) For purposes of this section “Weeds” include any and all variations of:
(i) Sagebrush, cactus, chaparral, poison oak, poison ivy, grass, stubble, brush, vegetation, and any other bush, shrub, plant, fungus, or other organic growth.
(2) Rubbish.
(a) Any property, premises, buildings, grounds or lots and their adjacent parking areas, sidewalks, or streets containing rubbish which:
(i) Constitutes a menace to the public health, or
(ii) Endangers the public safety by creating a fire hazard, or
(iii) May harbor rats, vermin, ticks, or other disease
carriers, or pests, or
(iv) Constitutes an unsightly appearance, or
(v) Constitutes an attractive nuisance, or
(vi) Is otherwise noxious or dangerous.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 490 of 793 19 (b) For Purposes of this section “Rubbish” includes any and all variations of:
(i) Trash, litter, garbage, seeds, plant trimmings, grass clippings, palm fronds, leaves, food, fruit, vegetables, meat, metal, glass, wood, cardboard, plastic, appliances, chemicals, containers, bags, furniture, boxes, clothing, tarps, mattresses, foam, wire, paper, clothing or any other inorganic material, or organic material.
(F) A violation of any of the provisions or failing to comply with any of the mandatory requirements of this Code shall constitute a misdemeanor except when the violation of a provision of this Code is specifically declared to be an infraction. (G) Notwithstanding any other provision of this Code, any violation constituting a misdemeanor under this Code may, in the discretion of the city attorney, be charged and prosecuted as an infraction. Except as otherwise provided, each and every day that any violation of this Code shall continue shall constitute a separate offense. The person committing or permitting such offenses may be charged with separate offenses for each such violation and punished accordingly. (H) Abatement of a public nuisance may be accomplished by any of the methods described in this Code, including criminal prosecution, civil injunction, administrative abatement, civil penalties, revocation of permits, notice of violation, recordation of the notice of violation and withholding of future municipal permits, or as otherwise allowed under state law.

Sec. 12.02.08. Subpoenas.
(A) Purpose. This section is adopted for the purpose and intent of establishing a uniform procedure for issuing subpoenas for the attendance of witnesses, to compel their attendance and testimony, to administer oaths and affirmations, to take evidence, and to issue subpoenas for the production of any papers, books, accounts, records, documents, writings as defined in California Evidence Code § 250 or other items that may be relevant to any investigation, enforcement action, or prosecution of any matter over which the city council has legislative and/or appropriative authority. (B) Authority. The procedures set forth herein are authorized by California Government Code § 37104, et seq.
(C) Issuance of subpoena. The city council may authorize, through the adoption of a resolution, the city clerk (with the assistance of the city attorney) to prepare and serve subpoenas for any matter that is described within this section. Such resolution shall state the existence of an investigation, enforcement, prosecution or other proceeding within the city council's legislative and/or appropriative authority and findings specifying the purposes of the subpoena and the relevancy of the subpoenaed testimony and materials thereto. The mayor shall sign all subpoenas. The city clerk shall

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 491 of 793 20 attest to the mayor's signature. Upon such signature and attestation, the subpoena shall be deemed to have been issued by the city council.
(D) Form of Subpoena. Subpoenas issued pursuant to this section shall be a form approved by the city attorney.
(E) Failure to comply. If any person refuses or fails to comply with a subpoena issued under this section, the mayor may report the noncompliance to the judge of the superior court, in accordance with Government Code § 37106, and apply for an attachment and/or order to compel that person's full and complete compliance with the subpoena(s). In the event that the court determines that the person is in noncompliance with the subpoena(s) and the person does not obey the order of the court requiring such compliance, the person may be held in contempt, in addition to any other penalties that may be authorized by this Code for noncompliance with the subpoena(s) or under any other applicable laws.

DIVISION 3. NOTICE
Sec. 12.03.01. Service of Notices.
(A) Whenever a notice is required to be given under the City of Indio Municipal Code for enforcement purposes, the notice shall be served by any of the following methods unless different provisions are otherwise specifically stated to apply:
(1) Personal service; or
(2) First-Class mail; or
(3) Certified mail; or
(4) Electronic service, only if the party to receive notice has consented to electronic service; or
(5) Posting the notice conspicuously on or in front of the property. The form of the posted notice shall be approved by the city manager. (B) Service by Certified or First-Class mail.
(1) If service is provided by Certified or First-Class mail in the manner described above, the service shall be effective on the date of mailing. (2) The same notice may be sent simultaneously by Certified and First- Class mail.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 492 of 793 21 (3) If a notice sent by Certified mail is returned unsigned, then service shall be deemed effective pursuant to First-Class mail, provided the notice that was sent by First-Class mail is not returned.
(C) Electronic Service.
(1) This section shall be consistent with Section 1010.6 of the California Code of Civil Procedure and the rules of court adopted by the Judicial Council for electronic service.
(2) Definitions.
(a) “Electronic service” means service of a document, on a person, by either electronic transmission or electronic notification. Electronic service may be performed directly by a person, including a party, by a person's agent, including the person's attorney, or through an electronic filing service provider, and by a court. (b) “Electronic transmission” means the transmission of a document by electronic means to the electronic service address at or through which a person receives electronic service.
(c) “Electronic notification” means the notification of the person that a document is served by sending an electronic message to the electronic address at or through which the person receives electronic service, specifying the exact name of the document served, and providing a hyperlink at which the served document may be viewed and downloaded.
(3) Procedure.
(a) Electronic service of that document is deemed complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent.
(b) Any document that is served electronically between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed served on that court day. Any document that is served electronically on a non-court day shall be deemed served on the next court day.
(4) Consent to Electronic Service.
(a) Persons represented by counsel.
(i) A person represented by counsel, who has appeared in an action or proceeding, shall accept electronic service of a notice or document that may be served by Certified or First Class Mail.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 493 of 793 22 (ii) A person represented by counsel shall, upon the request of any representative of the Citing agency, electronically serve the Citing agency at the provided electronic service address with any notice or document that may be served by certified or first class mail.
(b) Unrepresented Persons.
(i) An unrepresented party may provide express consent to receive electronic service by submitting written consent to the City Clerk. (ii) The written consent must include a valid electronic service address (a valid e-mail address); the party’s full name; and the written consent must be attached to a copy of the matter the party is requesting electronic service for. (c) Withdrawal of Consent.
(i) An unrepresented party who has provided express consent to accept service electronically may withdraw consent at any time by serving the City Clerk with written notice of withdrawal of their consent.
(ii) Counsel for a represented party may withdraw consent to electronic service at any time by serving the City Clerk with written notice of withdrawal of their consent.
(D) The failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this Code.

Sec. 12.03.02. Proof of Service of Notices.
(A) Proof of service of notice may be made by the certificate of any officer or employee of this city or by affidavit of any person over the age of 18 years.

The proof of service shall show that service was done in conformity with this Code or other provisions of law applicable to the subject matter concerned.

Sec. 12.03.03. Constructive Notice of Recorded Documents. (A) Whenever a document is recorded with the county recorder as authorized or required by the City of Indio Municipal Code or applicable state codes, recordation shall provide constructive notice of the information contained in the recorded documents.

DIVISION 4. JUDICIAL REMEDIES

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 494 of 793 23 Sec. 12.04.01. Judicial Remedies.
(A) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of the City of Indio Municipal Code. (B) Except as elsewhere stated in this Code, any person causing, permitting, aiding, abetting, or concealing a violation of this Code shall be guilty of a misdemeanor, and may, in the discretion of the city attorney, be prosecuted as a misdemeanor or an infraction and upon conviction may be subject to a fine not to exceed $1,000.00 or imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.
(C) Except as elsewhere stated in this Code, the city attorney, in their sound discretion, may prosecute a violation of this Code as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under this Code shall be punished by:
(1) A fine not exceeding $100.00 for the first violation, (2) A fine not exceeding $200.00 for a second violation within one year, and;
(3) A fine not exceeding $500.00 for a third violation within one year. (D) Each such person may be charged with a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued or permitted by such person.

Sec. 12.04.02. Failure to Appear or Post Bail.
(A) Pursuant to California Penal Code Section § 1320(a), any person who fails to appear in court in connection with a citation issued for a criminal violation of any provision of this Code or to post bail in connection with that citation is guilty of a misdemeanor.
(B) Pursuant to, and in accordance with, the mandatory provisions of California Penal Code § 853.8 or, alternatively, the mandatory provisions of California Penal Code § 1427, whenever a person fails to appear in court or to post bail in connection with a citation issued for a criminal violation of any provision of this Code, it is the intent of the city council that a warrant for the arrest of that person shall be issued.

Sec. 12.04.03. Civil Violations—Injunctions and Civil Penalties. (A) In addition to any other remedy provided by this code, any provision of this chapter relating to the abatement of a public nuisance may be enforced by

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 495 of 793 24 application to the court for an abatement warrant granting the City authority to eliminate the nuisance conditions or by an injunction issued by the superior court upon a suit brought in the name of the City. All remedies prescribed by this chapter are cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purposes of enforcing the provisions hereof or abating a public nuisance. (B) In addition to the penalties provided above, any condition caused or permitted to exist in violation of any provision of any ordinance of the City or provision of this code shall be deemed a public nuisance and may be abated as provided herein or in any other chapter of this code.
(C) As part of a civil action filed to enforce provisions of this Code, a court may assess a maximum civil penalty of $2,500.00 per violation of the Municipal Code for each day during which any person commits, continues, allows or maintains a violation of any provision of this Code.

Sec. 12.04.04. Code Enforcement Performance Bond.

As part of any enforcement action taken by the city, the city has the authority to require a responsible person to post a performance bond to ensure compliance with the City of Indio Municipal Code, in accordance with applicable state codes or any judicial action.

Sec. 12.04.05. Judicial Abatement.

Pursuant to California Penal Code § 372, § 373a, and California Code of Civil Procedure § 731 the city attorney has the authority to judicially abate public nuisances by filing criminal or civil nuisance actions in the name of the City of Indio and the People of the State of California.

Sec. 12.04.06. Treble Damages for Subsequent Abatement Judgments.

Pursuant to California Government Code § 38773.7, upon the entry of a second or subsequent civil or criminal judgment within a two-year period that finds an owner of property responsible for a condition that may be abated in accordance with California Government Code § 38773.5, a court may order the owner to pay treble the costs of the abatement. These costs shall not include conditions abated pursuant to the California Health and Safety Code § 17980.

DIVISION 5. ADMINISTRATIVE REMEDIES
Sec. 12.05.01. Administrative Remedies.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 496 of 793 25 Divisions 6 through 10 establish optional administrative enforcement remedies available to the city for violations of the municipal code and applicable state codes. The general remedies issuance and recordation of notices of violation, administrative civil penalties, administrative citations, summary abatement, and administrative abatement.

Divisions 11 and 12 govern the procedures for appeals and hearings relating to these administrative remedies.

Sec. 12.05.02. Declaration of Purpose.

The city council finds that there is a need for a variety of administrative remedies that do not require the city to file court actions to initiate enforcement of violations of the City of Indio Municipal Code and applicable state codes. The procedures established by these administrative remedies are in addition to any other legal remedy established by law which may be pursued to address Municipal Code and applicable state code violations.

Sec. 12.05.03. Authority.

Whenever the city, through one of its department heads or enforcement officials, determines that a violation of the City of Indio Municipal Code or applicable state code exists, the city may pursue any of the administrative remedies outlined in Divisions 6 through 10 of this Code.

DIVISION 6. ISSUANCE AND RECORDATION OF NOTICES OF VIOLATION Sec. 12.06.01. Issuance and Recordation of Notices of Violation.

This division shall govern the procedures relating to the issuance and recordation of administrative notices of violation.

Sec. 12.06.02. Declaration of Purpose.

The city council finds that there is a need for alternative methods of enforcement for violations of the Municipal Code and applicable state codes which are found to exist on real property. The council further finds that an appropriate method of enforcement for these types of violations is the issuance and recordation of notices of violation. The procedures established in this division shall be in addition to criminal, civil or any other remedy established by law which may be pursued to address violations of the City of Indio Municipal Code or applicable state codes.

Sec. 12.06.03. Procedures for Issuance of a Notice of Violation. (A) Whenever an enforcement official determines that a violation of the City of Indio Municipal Code or applicable state code pertaining to real property exists,

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 497 of 793 26 the enforcement official may issue a notice of violation to a responsible person. A notice of violation shall include sufficient information to provide reasonable notice of activities or conditions constituting violation of the municipal code or applicable state code, and actions necessary to correct the violations. The notice of violation shall include the following information:
(1) The name of the property's record owner;
(2) Street address;
(3) The code sections violated;
(4) A description of the property's condition which violates the applicable codes;
(5) A list of necessary corrections to bring the property into compliance;
(6) A deadline or specific date to correct the violations listed in the notice of violation;
(7) Reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline including, but not limited to: criminal prosecution, civil injunction, administrative abatement, civil penalties, revocation of permits, recordation of the notice of violation and withholding of future municipal permits;
(8) A brief description of the procedure to appeal the notice of violation including time limitations.

Sec. 12.06.04. Procedures for Recordation.
(A) Once an enforcement official has issued a notice of violation to a responsible person and the property remains in violation after the deadline established in the notice of violation, the enforcement official may record a notice of violation with the Recorder's Office of Riverside County.
(B) Before recordation, the enforcement official shall provide to the responsible person a letter of intent to record a notice of violation unless a written appeal is filed pursuant to the procedures outlined in this division. The letter shall be served pursuant to any of the methods of service set forth in Division 3 of this Chapter.

The enforcement official may also send a courtesy copy of the letter to any financial institution with a legal interest in the real property.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 498 of 793 27 (C) If a written appeal is not filed pursuant to the procedures set forth in this division, the enforcement official may record the notice of violation if the violation has not been corrected.
(D) The recorded notice of violation shall include the name of the property owner, the property's assessor's parcel number, the parcel's legal description, and a copy of the notice of violation.

Sec. 12.06.05. Service of Notice of Violation.

A copy of the recorded notice of violation shall be served on the responsible person and property owner pursuant to any of the methods of service set forth in Division 3 of this Chapter.

Sec. 12.06.06. Procedures to Appeal Recordation.
(A) An appeal of a letter of intent to record the notice of violation shall follow the procedures set forth in Divisions 11 and 12 of this Chapter. (B) Upon receipt of the written appeal, the enforcement official shall schedule a hearing pursuant to the procedures set forth in Divisions 11 and 12 of this Chapter. The purpose of the hearing is for the responsible person or property owner to show cause as to why a notice of violation should not be recorded. (C) The failure of any person to file an appeal in accordance with these provisions shall constitute a waiver of the right to an administrative appeal hearing and shall not affect the validity of the recorded notice of violation.

Sec. 12.06.07. Appeal Hearing.
(A) The appeal shall follow the hearing procedures as set forth in Divisions 11 and 12 of this Chapter.
(B) At the appeal hearing, the hearing officer shall only consider evidence that is consistent with the applicable rules and procedures for administrative enforcement hearings and that is relevant to the following issues:
(1) Whether the conditions listed in the notice of violation violate the City of Indio Municipal Code or applicable state codes; and (2) Whether the enforcement official afforded the responsible person with due process by adhering to the notification procedures specified in this Code.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 499 of 793 28 (C) If the hearing officer affirms the enforcement official's decision, the enforcement official may proceed to record the notice of violation. (D) If the hearing officer determines that recordation is improper, the hearing officer shall reverse the enforcement official's decision to record the notice of violation.

Sec. 12.06.08. Notice of Compliance—Procedures.
(A) After a notice of violation has been recorded, and after the violations listed on the notice of violation have been corrected, the responsible person or property owner may file with the enforcement official a written request for a re- inspection of the property to determine compliance with the municipal code and applicable state codes listed in the recorded notice of violation, and for the issuance of a notice of compliance on a form provided by the city.
(B) Once the enforcement official receives this request, the enforcement official shall re-inspect the property to determine whether the violations listed in the notice of violation have been corrected and whether all necessary permits have been issued and final inspections have been performed. (C) The enforcement official shall serve a notice of compliance to the responsible person or property owner in the manner provided in Division 3 of this Chapter only if the enforcement official determines that:
(1) All violations listed in the recorded notice of violation have been corrected; and
(2) All necessary permits have been issued and finalized; and (3) All civil penalties and any fines have been paid; and (4) The party requesting the notice of compliance has paid an administrative fee to reimburse the city for all administrative costs. Administrative fees may include costs incurred in the investigation, inspection, re-inspection, title search, appeal hearing and any other processing costs associated with the violations specified on the notice of violation.
(D) If the enforcement official denies a request to issue a notice of compliance, the enforcement official shall serve the responsible person or property owner with a written explanation setting forth the reasons for the denial. The written explanation shall be served by any of the methods of service listed in Division 3 of this Chapter.
(E) The enforcement official's decision denying a request to issue a notice of compliance shall be final and non-appealable.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 500 of 793 29 Sec. 12.06.09. Prohibition Against Issuance of Municipal Permits. (A) Subject to the exception set forth herein, the City of Indio shall withhold permits for any alteration, repair or construction pertaining to any existing or new structures or signs on the property, or any permits pertaining to the use and development of the real property or the structure:
(1) If a request to appeal the recordation of a notice of violation has not been timely filed; or
(2) After a hearing officer on appeal affirms the enforcement official's decision to record a notice of violation. The city may thereafter withhold permits until a notice of compliance has been issued by the enforcement official. (B) The city may not withhold permits which are necessary to obtain a notice of compliance or which are necessary to correct serious health and safety violations.

Sec. 12.06.10. Cancellation of Recorded Notice of Violation.

The enforcement official, property owner or responsible person shall record the notice of compliance with the County Recorder's Office. The recordation of the notice of compliance shall have the effect of canceling the recorded notice of violation.

DIVISION 7. ADMINISTRATIVE CIVIL PENALTIES
Sec. 12.07.01. Administrative Civil Penalties; Purpose; Authority. (A) The city council finds that there is a need for alternative methods of enforcement of the City of Indio Municipal Code and applicable state codes. The city council further finds that the assessment of civil penalties through an administrative hearing procedure for code violations is a necessary alternative method of code enforcement. The administrative assessment of civil penalties established in this division is in addition to any other administrative or judicial remedy established by law which may be pursued to address violations of the City of Indio Municipal Code or applicable state codes.
(B) This division governs the administrative assessment of civil penalties for violations of the City of Indio Municipal Code and applicable state codes. (C) Any person violating any provision of the City of Indio Municipal Code or applicable state code may be subject to the assessment of civil penalties pursuant to the administrative procedures provided in this division.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 501 of 793 30 (D) Each and every day a violation of any provision of the City of Indio Municipal Code or applicable state code exists constitutes a separate and distinct violation.
(E) Civil penalties may be directly assessed by means of a notice and order issued by the enforcement official or affirmed by an enforcement hearing officer.

Civil penalties may be recovered as authorized by Division 13 or subsequent legal action brought by the city attorney.
(F) Civil penalties for violations of any provision of the City of Indio Municipal Code or applicable state codes shall be assessed at a daily rate determined by the enforcement official or enforcement hearing officer pursuant to the criteria listed in this division. The maximum rate shall be $2,500.00 per violation.

Sec. 12.07.02. Procedures—Notice and Order.
(A) Whenever an enforcement official determines that a violation of one or more provisions of the City of Indio Municipal Code or applicable state code has occurred or continues to exist, a written civil penalty notice and order may be issued to the responsible person.
(B) The notice and order shall refer to each code section violated and describe how each section is or has been violated.
(C) The notice and order shall refer to the dates and locations of the violations.
(D) The notice and order shall describe all remedial action required to correct outstanding violations and establish a time frame for completion. (E) The notice and order shall establish a daily amount of civil penalties. The enforcement official shall determine the daily amount of civil penalties pursuant to the criteria in Section 12.07.03. of this Division. (F) The notice and order shall identify a date when the civil penalties began to accrue and a date when the assessment of civil penalties will end, unless the violation is continuous. In the case of a continuous violation, there shall be an ongoing assessment of penalties at the daily rate established in the notice and order until the violations are corrected.
(G) If an enforcement official determines that the violations are continuing, the notice and order shall demand that the responsible person cease and desist from further action causing the violations and commence and complete all action to correct the outstanding violations under the guidance of the appropriate city departments.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 502 of 793 31 (H) The notice and order shall enumerate any other consequences should the responsible person fail to comply with the terms and deadlines, as prescribed in the notice and order.
(I) The notice and order shall identify appropriate hearing procedures. (J) The notice and order shall be served upon the responsible person by any one of the methods of service listed in Division 3 of this Chapter. (K) The notice and order shall identify the factors used by an enforcement official in determining the duration and the daily amount of civil penalties. (L) More than one notice and order may be issued against the same responsible person if it encompasses either different dates or different violations.

Sec. 12.07.03. Determination of Civil Penalties.
(A) In determining the date when civil penalties start to accrue, an enforcement official may consider the date when the enforcing department first discovered the violations as evidenced by the issuance of a notice of violation or any other written correspondence advising the responsible person of the existence of a violation.
(B) The assessment of civil penalties shall end when all action required by the notice and order has been completed.
(C) In determining the amount of the civil penalty to be assessed on a daily rate, an enforcement official may consider some or all of the following factors:
(1) The duration of the violation.
(2) The frequency or recurrence of the violation.
(3) The seriousness of the violation.
(4) The history of the violation.
(5) The responsible person's conduct after issuance of the notice and order.
(6) The good faith effort by the responsible person to comply. (7) The economic impact of the penalty on the responsible person.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 503 of 793 32 (8) The impact of the violation upon the community.
(9) Any other factors that justice may require.
(D) The city manager has the authority to establish a penalty schedule for an enforcement official to use as a guideline in determining the amount of civil penalties depending on the nature of the case. The city manager shall also establish procedures for the use of this penalty schedule.

Sec. 12.07.04. Administrative Costs.

An enforcement official or enforcement hearing officer is authorized to assess any reasonable administrative costs. Administrative costs may include the costs of scheduling and processing the hearing and all subsequent actions.

Sec. 12.07.05. Appeal of Administrative Civil Penalty.

An appeal of an administrative civil penalty shall follow the procedures set forth in Divisions 11 and 12 of this Chapter.

Sec. 12.07.06. Failure to Comply With Enforcement Official's Notice and Order.

An enforcement official shall request an enforcement hearing officer to establish a date, time and place for the civil penalties hearing in accordance with Divisions 11 and 12 of this Chapter when the responsible person fails to comply with the terms of the notice and order. Failure to comply includes failure to pay the assessed civil penalties, failure to commence and complete corrections by the established deadlines or failure to refrain from continuing violations of the City of Indio Municipal Code or applicable state codes.

Sec. 12.07.07. Civil Penalties Hearing.
(A) The procedures for the civil penalties hearing are the same as the hearing procedures set forth in Divisions 11 and 12 of this Chapter. (B) The enforcement hearing officer shall only consider evidence that is relevant to the following issues:
(1) Whether the responsible person has caused or maintained a violation of the City of Indio Municipal Code or applicable state code that existed on the dates specified in the notice and order; and

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 504 of 793 33 (2) Whether the amount of civil penalties assessed by the enforcement official pursuant to the procedures and criteria outlined in Section 12.07.03 was reasonable.

Sec. 12.07.08. Administrative Enforcement Order.
(A) Once all evidence and testimony are completed, the enforcement hearing officer shall issue an administrative enforcement order which affirms or rejects the enforcement official's notice and order or which modifies the daily rate or duration of the civil penalties. The enforcement hearing officer may increase or decrease the total amount of civil penalties and costs that are assessed by the enforcement official's notice and order.
(B) The enforcement hearing officer may issue an administrative enforcement order that requires the responsible person to cease from violating the City of Indio Municipal Code or applicable state codes and to make necessary corrections. (C) As part of the administrative enforcement order, the enforcement hearing officer may establish specific deadlines for the payment of civil penalties and costs and condition the total or partial assessment of civil penalties on the responsible person's ability to complete compliance by specified deadlines. (D) The enforcement hearing officer may issue an administrative enforcement order which imposes additional civil penalties that will continue to be assessed until the responsible person complies with the hearing officer's decision and corrects the violation.
(E) The enforcement hearing officer may schedule subsequent review hearings as may be necessary or as requested by a party to the hearing to ensure compliance with the administrative enforcement order.

Sec. 12.07.09. Failure to Comply With the Administrative Enforcement Order.
(A) Upon the failure of the responsible person to comply with the terms and deadlines set forth in the administrative enforcement order, the enforcement official may use all appropriate legal means to recover the civil penalties, administrative costs and obtain compliance with the administrative enforcement order. (B) After the enforcement hearing officer issues an administrative enforcement order, the enforcement official shall monitor the violations and determine compliance.

Sec. 12.07.10. Allocation of Administrative Civil Penalties.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 505 of 793 34 Administrative civil penalties collected pursuant to this division shall be deposited in the code enforcement civil penalties fund established pursuant to Division 16 of this Chapter.

DIVISION 8. ADMINISTRATIVE CITATIONS
Sec. 12.08.01. Declaration of Purpose.

The city council finds that there is a need for an alternative method of enforcement for violations of the City of Indio Municipal Code and applicable state codes. The city council further finds that an appropriate method of enforcement for violations is an administrative citation program as authorized by California Government Code § 53069.4. The procedures established in this division shall be in addition to criminal, civil or any other legal remedy established by law which may be pursued to address violations of the City of Indio Municipal Code or applicable state codes.

Sec. 12.08.02. Authority.
(A) Any person violating any provision of the City of Indio Municipal Code or applicable state code may be issued an administrative citation by an enforcement official as provided in this division. The administrative citation shall be issued on a form approved by the city manager.
(1) If the violation is a continuing violation of this Code that pertains to building, plumbing, electrical, or other similar structural or zoning issues, the enforcement official will first issue a Compliance Order providing the responsible party a reasonable amount of time to correct or otherwise remedy the violation. The amount of time shall not be less than ten (10) court days.
(a) The amount of time provided to correct or otherwise remedy the violation shall be known as the grace period.
(b) A responsible party may submit a written request to extend the grace period in accordance with the procedures provided in this Division. (2) Notwithstanding subparagraph (1), the enforcement official may immediately issue an Administrative Citation for a continuing violation of this Code that pertains to building, plumbing, electrical, or other similar structural or zoning issues when that violation creates an immediate danger to health or safety. (a) When a violation creates and immediate danger to health or safety, no Compliance Order will be issued, and no grace period will be provided.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 506 of 793 35 (B) Each and every day a violation of the City of Indio Municipal Code or applicable state code exists constitutes a separate and distinct offense for which an administrative citation may be issued.
(C) An administrative fine shall be assessed by means of an administrative citation issued by the enforcement official and shall be payable directly to the city finance department.
(D) Administrative fines assessed by means of an administrative citation shall be collected in accordance with the procedures specified in this division.

Sec. 12.08.03. Contents of Administrative Citation and Compliance Order. (A) Contents of an Administrative Citation.
(1) The administrative citation shall refer to the date and location of the violation(s) and the approximate time the violation(s) occurred. (2) The administrative citation shall refer to the code sections violated and describe how the sections are violated.
(3) The administrative citation shall describe the action required to correct the violations.
(4) The administrative citation shall require the responsible person to immediately correct the violations and shall explain the consequences of failure to correct the violations.
(5) The administrative citation shall state the amount of penalty imposed for the violations.
(6) The administrative citation shall explain how the penalty shall be paid and the time period by which it shall be paid, and the consequences of failure to pay the penalty.
(7) The administrative citation shall provide notice of the right to appeal.
(8) The administrative citation shall provide notice of the right to request a hardship waiver.
(9) The citation shall contain the signature of the enforcement official and the signature of the responsible person if that person can be located.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 507 of 793 36 (10) If a Compliance Order was issued before the Administrative Citation, the Compliance Order shall be attached to the Administrative Citation, and the Administrative Citation shall describe how the responsible party failed to fully comply with the Compliance Order.
(B) Contents of a Compliance Order.
(1) The Compliance Order shall refer to the date and location of the violation(s) and the approximate time the violation(s) occurred. (2) The Compliance Order shall refer to the code sections violated and describe how the sections are violated.
(3) The Compliance Order shall describe the action required to correct the violation(s).
(4) The Compliance Order shall provide the grace period the responsible party has to correct the violation(s).
(5) The Compliance Order shall explain the consequences of failure to correct the violations within the grace period.
(6) The Compliance Order shall state the fine amount for the violation(s) and the amount the fine will increase each day the responsible party fails to fully correct the violation(s).
(7) The Compliance Order shall explain how the responsible party can show they have fully complied with the order.
(a) If the enforcement official determines that all violations specified in the compliance order have been corrected within the grace period, the compliance order shall be dismissed and no further action shall be taken against the responsible party regarding the violation(s) identified in the compliance order. (b) If the responsible party fails to fully comply with the compliance order within the grace period, the enforcement official may issue an administrative citation as provided in this chapter. The issuance of the administrative citation does not relieve the responsible person’s obligation to fully comply with the compliance order. (c) The compliance order shall state the time period after which administrative fines will begin to accrue if there is not full compliance with the order. (8) The Compliance Order shall provide notice of the right to request a hardship waiver.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 508 of 793 37 (9) The Compliance Order shall contain the signature of the enforcement official and the signature of the responsible person if that person can be located.
(C) Request to Extend Grace Period.
(1) The Compliance Order shall explain how the responsible party can submit a written request to extend the grace period.
(a) The responsible party my request to extend the grace period. The request must be made in writing and must be served on the City Clerk in accordance with the service procedures of this Chapter at least 3 court days before the end of the grace period.
(b) Upon receiving valid service of a written request to extend the grace period from the responsible party, the grace period shall be tolled until the enforcement agency serves a written response on the responsible party in accordance with the service procedures of this Chapter.
(c) If the request to extended the grace period is granted, a new compliance order shall be issued showing the original grace period, the date the extension was granted, and the new grace period within which the violation must be corrected.
(d) If the request to extended the grace period is denied, the original grace period will resume 3 court days after the enforcement agency has provided service of the denial in accordance with the service procedures of this Chapter.

Sec. 12.08.04. Administrative Citation Service Procedures. (A) Upon discovering any violation of the City of Indio Municipal Code or applicable state codes, an enforcement official may issue an administrative citation to a responsible person in the manner prescribed in this division. (1) In the case of a Person.
(a) Personal Service.
(b) For responsible parties who reside at, or occupy, the subject property, by posting the Administrative Citation or Compliance Order in a conspicuous place on the subject property, and then the Administrative Citation or Compliance Order shall be mailed to the responsible person in the manner prescribed in Division 3. (c) If the enforcement official is unable locate a valid address for the responsible person for the violation, then the Administrative Citation or Compliance

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 509 of 793 38 Order shall be mailed to the responsible person or posted on the property in the manner prescribed in Division 3.
(d) The Administrative Citation or Compliance Order may also be served on any person, in anyway permitted under California Code of Civil Procedure § 416.60 through § 416.90, or any other method allowed under state law. (2) In the case of a business:
(a) If the responsible party is an entity operating in the City of Indio with a City of Indio business license, then provided in a manner prescribed by Division 3 to that responsible party’s agent for service of process listed with the City of Indio, or to the holder of the business license, or at the business address if the address is within the City of Indio.
(b) The enforcement official shall attempt to locate the business owner and issue the administrative citation or compliance order to the business owner when possible.
(c) If the enforcement official unable to locate the business owner and is only able to can only locate the person in apparent charge of the business, the administrative citation may be issued to such person, who may sign or receive the administrative citation as agent for the responsible person or owner of the business. A copy of the administrative citation shall also be served on the business owner or responsible person in the manner described in Division 3 if possible. (d) If a responsible party is an entity registered with the Secretary of State, then by certified mail to that responsible party’s agent for service of process at the address registered with the Secretary of State.
(e) The Administrative Citation or Compliance Order may also be served on any business, corporation or other entity in any way permitted by the California Corporations Code or by any way permitted under California Code of Civil Procedure § 416.10 through § 416.40, or any other method allowed under state law. (D) If the Administrative Citation or Compliance Order is properly served upon a responsible person in accordance with this Chapter, the failure of any person with an interest in the property to receive notice shall not affect the validity of any proceedings taken under this division.

Sec. 12.08.05. Hearing to Contest Administrative Citations. (A) Time to Appeal.
(1) Any person named as a responsible person in an administration citation or compliance order may contest the administrative citation or compliance order

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 510 of 793 39 by completing a Request For Hearing Form and serving it on the City Clerk in a manner described in Division 3 of this chapter within 30 calendar days from the date the administrative citation was served. A Request for Hearing Form may be obtained from the City of Indio as specified on the administrative citation or compliance order. (2) Upon the proper filing of a request for a hearing, the administrative fines associated with the contested administrative citation(s) shall be stayed pending the outcome of the hearing.
(3) The City Clerk shall forward any validly served Request for Hearing Form to the citing agency as soon as practicable after receipt. (B) Failing to Timely Appeal.
(1) Failure to timely and properly request a hearing, including the proper submission of a written declaration when a hearing by declaration is requested, shall constitute a waiver of all rights of appeal and a failure to exhaust administrative remedies. The administrative citation, along with any imposed fines, fees, and charges, shall be deemed final.
(C) Calculation of Time.
(1) The time in which any act described in this section is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded in accordance with California Code of Civil Procedure § 12.
(E) Types of Hearings and Burden of Proof.
(1) The recipient of the administrative citation may request an in- person hearing or hearing by written declaration.
(a) In-person hearings shall be open to the public.
(2) The city bears the burden of proof to establish a violation of this code by a preponderance of the evidence standard.
(F) Materials in Support of the Citation.
(1) All materials submitted to the hearing officer by the citing agency in support of the citation shall be known as the Agency File. (2) Within fifteen (15) Court Days of receiving the Request for Hearing Form from the City Clerk, the Citing agency shall send a copy of the Agency File to the hearing officer.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 511 of 793 40 (3) Within fifteen (15) Court Days of receiving the Request for Hearing Form from the City Clerk, the Citing Agency shall make a copy of the Agency File available to the person who requested the hearing.
(a) The person requesting the hearing may obtain a copy of the Agency File in following ways:
(i) Retrieving the Agency file from the Citing Agency in person, or (ii) By Electronic Service, or
(iii) Certified mail.
(G) Submission of Additional Materials to the Hearing Officer. (1) The Citing Agency and the Requester of the hearing may submit additional materials to the hearing officer under the following conditions:
(a) The party submitting the additional materials to the hearing officer shall serve the opposing party with the additional information at the same time the additional information is provided to the hearing officer; and (b) The materials are submitted at least ten (10) Court days before the scheduled in-person hearing date, or at any time before the hearing officer issues their ruling in a hearing by written declaration.
(H) In-Person Hearing Procedure;
(1) Setting of an Initial Hearing Date.
(a) The citing agency shall schedule the initial date and time for the hearing.
(b) The initial hearing date shall be set not less than thirty (30) Court Days and not more than ninety (90) calendar days from the date the citing agency received the Request For Hearing Form from the City Clerk. (c) The person requesting the in-person hearing shall be served in a manner described in Division 3 with written notice of the time and place of the hearing at least twenty (20) Court Days prior to the date of the hearing. (2) Requests for Accommodations.
(a) The person requesting the in-person hearing can submit a written request for reasonable modification or accommodation as described in the Americans with Disabilities Act (“ADA”).

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 512 of 793 41 (i) The request must be in writing;
(ii) The request must specify the type of accommodation being requested; and
(iii) The request must be served on the City Clerk in a manner described in Division 3 at least ten (10) Court Days prior to the hearing date. (3) Request to Continue the Hearing Date.
(a) The person requesting the in-person hearing shall be granted one continuance to reschedule the initial hearing date.
(b) The request for a continuance of the initial hearing date shall be made in writing and shall be served on the City Clerk at least ten (10) Court Days before the hearing in a manner described in Division 3. A failure to timely request a continuance of the initial hearing date is a waiver of the requesters one guaranteed continuance.
(c) Upon receiving a valid request to continue the initial hearing date, the request shall be granted and the citing agency shall serve the person requesting the hearing in a manner described in Division 3 with the next three (3) hearing dates compatible with the Citing agency and the hearing officer. The Citing agency shall serve the person requesting the hearing with the next available hearing dates within ten (10) Court Days of receiving the initial request for continuance. (d) The person requesting the hearing shall select one of the three hearing dates provided by the Citing Agency and shall serve their selection in writing on the City Clerk in a manner described in Division 3 within ten (10) Court Days of being served with the next available hearing dates. A failure to timely comply with requirements will constitute a waiver of the requesters one guaranteed continuance and the original hearing date shall be reinstated, no additional notice will be provided if the original hearing date is reinstated. If the original hearing date is no longer available, one of the three (3) hearing dates provided to the requester will be chosen by the Citing agency and notice of the new hearing date shall be provided to the person requesting the hearing in accordance with Division 3.
(e) Notwithstanding a timely request to continue the initial hearing date, any other requests to continue a hearing date may only be ruled upon by the hearing officer at the next scheduled hearing. If the person requesting the hearing is not able to attend the next hearing, a written request for continuance can be made at any time before the hearing by serving the written request on the City Clerk and the hearing officer in a manner described in Division 3. The written request shall include all of the days the requesting party will be available to attend the hearing within the 90 calendar days following hearing date to be continued. If the request for a continuance does not include the days the requesting party is available the request shall be denied.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 513 of 793 42 (f) If the hearing officer grants or denies a request to continue the hearing, the hearing officer will provided the basis for their ruling in writing. (g) If the hearing officer grants a request to continue the hearing, the hearing officer and the citing agency shall select a new hearing date from the dates provided by the requester. The Citing Agency shall provide notice of the new hearing date and the hearing officers ruling to the person requesting the hearing in a manner described in Division 3 within ten (10) Court Days of receiving the written ruling from the Hearing officer.
(h) If the hearing officer denies a request to continue the hearing, the hearing will proceed as scheduled even if the requesting party is not present. The hearing officer’s ruling on the request to continue will be contained in the written decision after completion of the hearing.
(4) Failure to Attend the In-Person Hearing.
(a) If a party is not present at the hearing on the date and time the hearing is scheduled, and there are no pending requests to continue the hearing date, the hearing will proceed as scheduled without the absent party. (5) Evidence and Case Presentation.
(a) The in-person hearing will be informal, and formal rules of evidence and discovery do not apply.
(b) Any disputes regarding witnesses or evidence in the case are to be resolved by the hearing officer.
(c) At any time during the hearing, the hearing officer may continue the hearing to a date agreeable to the parties and request additional information from the parties prior to issuing a written decision or deciding any dispute. (d) A copy of the document or instrument of the citing agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. (e) The contents of the citing Agency's File in the case shall be received in evidence and the contents may be relied on by either party during the hearing.
(f) Each party shall have the opportunity to present evidence, call witnesses, in support of that party’s case and to cross examine witnesses called by the opposing party. The amount of time each side is given to present their case and the structure of the case presentation is in the sole discretion of the hearing officer.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 514 of 793 43 (6) Hearing Officer’s Decision for In-Person Hearings. (a) The Hearing Officer’s decision shall be titled “Administrative Order”. (b) No later than 30 calendar days after the date on which the administrative hearing concludes, the Hearing Officer shall issue a written decision to uphold or dismiss the contested administrative citation. (c) The decision shall set forth the reasons for the decision along with notice of the right to appeal pursuant to this chapter. (d) The decision shall be served in a manner described in Division 3 of this chapter. The failure to receive a decision properly served in accordance with a method described in Division 3 shall not invalidate the administrative hearing officer’s decision.
(e) If the hearing officer upholds an administrative citation, the administrative fines shall be due in the time set forth in the written decision but no later than ninety (90) calendar days from the date of the decision. (f) If the hearing officer dismisses the administrative citation, the city shall retain the authority to issue additional administrative citations for additional violations, or to take any other enforcement action authorized by law. (g) Rulings related to a responsible party’s compliance with the requirements of a compliance order.
(i) The Hearing Officer’s written decision shall include a section titled “Compliance Order Findings.” Under the “Compliance Order Findings” section the Hearing Officer shall make findings regarding the existence of the violation(s) specified in the compliance order, and regarding whether the responsible person took the required corrective action within the time period set forth in the compliance order. If the Hearing Officer concludes that the violation continues to exist, the administrative order shall set forth a schedule for correction. In addition, the administrative order shall impose administrative fines and costs as provided for in this chapter. The administrative order shall set a deadline for compliance with its terms in the event that the responsible person fails to file an appeal. If the Hearing Officer determines that the violation(s) set forth in the compliance order did not exist, or that the violation(s) was (were) timely corrected, all proceedings regarding the violation(s) shall immediately cease and the administrative citations shall be dismissed.
(I) Hearing by Written Declaration Procedure;
(1) Evidence and Case Presentation.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 515 of 793 44 (a) A copy of the document or instrument of the citing agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. (b) The contents of the citing Agency's File in the case shall be received in evidence.
(c) The person requesting the hearing shall serve the City Clerk and the hearing officer with any materials they would like the hearing officer to consider within fifteen (15) Court Days of receiving the Agency File in a manner described in Division 3. The hearing officer shall not consider any materials that fail to comply with these requirements.
(2) Hearing Officer’s Decision for In-Person Hearings.
(a) The Hearing Officer’s decision shall be titled “Administrative Order”. (b) The Hearing Officer shall review the requestor's written declaration, the Agency File, and any materials provided by the requester submitted in compliance with this chapter.
(c) Within 60 Court days of receiving the Agency File, the hearing officer shall issue a written decision.
(d) The decision shall set forth the reasons for the decision along with notice of the right to appeal pursuant to this chapter. (e) The decision shall be served in a manner described in Division 3 of this chapter. The failure to receive a decision properly served in accordance with a method described in Division 3 shall not invalidate the administrative hearing officer’s decision.
(f) If the hearing officer upholds an administrative citation, the administrative fines shall be due in the time set forth in the written decision but no later than 60 calendar days from the date of the decision.
(g) If the hearing officer dismisses the administrative citation, the city shall retain the authority to issue additional administrative citations for additional violations, or to take any other enforcement action authorized by law. (h) With regard to rulings related to a responsible party’s compliance with the requirements of a compliance order. The Hearing Officer’s written decision shall include a section titled “Compliance Order Findings.” Under the “Compliance Order Findings” section the Hearing Officer shall make findings regarding the existence of the violation(s) specified in the compliance order, and regarding whether the responsible person took the required corrective action within the time period set forth in the

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 516 of 793 45 compliance order. If the Hearing Officer concludes that the violation continues to exist, the administrative order shall set forth a schedule for correction. In addition, the administrative order shall impose administrative fines and costs as provided for in this chapter. The administrative order shall set a deadline for compliance with its terms in the event that the responsible person fails to file an appeal. If the Hearing Officer determines that the violation(s) set forth in the compliance order did not exist, or that the violation(s) was (were) timely corrected, all proceedings regarding the violation(s) shall immediately cease and the administrative citations shall be dismissed.

Sec. 12.08.06. Right of Judicial Review of Hearing Officer Decision. (A) Right of Judicial Review of Hearing Officer Decision. (1) Within 20 days after service of the Hearing Officer’s decision upon the responsible person, the responsible person may seek review of the administrative decision by filing an appeal with the Superior Court of the State of California, in the County of Riverside, in accordance with California Government Code § 53069.4. (2) A copy of the notice of appeal shall be served in person or by first- class mail upon the local agency by the responsible person. (3) If no notice of appeal of the final administrative order or decision is filed within the period set forth in California Government Code § 53069.4, the order or decision shall be deemed confirmed.
(B) Hearing Officer.
(1) Selection of Hearing Officer.
(a) The city manager is authorized to develop and implement policies and procedures relating to the qualifications, appointment and compensation of hearing officers, hearing officer powers, hearing procedures, scope of the hearing, and other matters relating to administrative enforcement hearings. The city manager shall promulgate rules and procedures as are necessary to establish a list of qualified persons who are capable of acting on behalf of the city as hearing officers. The hearing officers shall be appointed by resolution of the city council. Any person designated to serve as an enforcement hearing officer is subject to disqualification for bias, prejudice, conflict of interest, or for any other reason for which a judge may be disqualified in a court of law.
(2) Disqualification of Hearing Officer
(a) The enforcement hearing officer may continue a hearing based on one of the parties showing good cause at the hearing, or if the hearing officer independently determines that due process has not been adequately afforded.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 517 of 793 46 (3) Power of Hearing Officer
(a) The enforcement hearing officer shall retain jurisdiction over the subject matter of an administrative enforcement hearing for the purposes of granting a continuance, ensuring compliance with an administrative enforcement order, modifying an administrative enforcement order, or where extraordinary circumstances exist, granting a new hearing.

Sec. 12.08.07. Penalties Assessed .
(A) If the responsible person fails to correct the violation, subsequent administrative citations may be issued for the same violation. The amount of the penalty shall increase at a rate specified in this Division in accordance with California Government Code § 53069.4 and §36900.
(B) Penalties for General Violations.
(1) Every violation determined to be an infraction of the City of Indio Municipal Code that is not subject to another fine schedule is punishable by the following:
(a) A fine not exceeding one hundred dollars ($100) for a first violation. (b) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.
(c) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
(C) Penalties for Building and Safety Code Violations.
(1) Notwithstanding any other law, violations of the City of Indio building and safety codes are determined to be infractions and are punishable by the following:
(a) A fine not exceeding one hundred thirty dollars ($130) for a first violation.
(b) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.
(c) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation. (d) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 518 of 793 47 the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
(D) Penalties for Short-Term Rental Violations.
(1) Notwithstanding any other law, including subdivisions (2) and (3), a violation of the City of Indio short-term rental ordinance that is an infraction is punishable by the following:
(a) A fine not exceeding one thousand dollars ($1,000) for a first violation.
(b) A fine not exceeding two thousand dollars ($2,000) for a second violation of the same ordinance within one year.
(c) A fine not exceeding three thousand dollars ($3,000) for each additional violation of the same ordinance within one year of the first violation. (2) For purposes of this section, “short-term rental” means a residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30 consecutive days or less.
(3) For purposes of this section, “residential dwelling” means a private structure that is designed and available, pursuant to applicable law, for use and occupancy by one or more individuals. “Residential dwelling” does not include a commercially operated hotel, motel, bed and breakfast inn, or a time-share property as defined by subdivision (aa) of Section 11212 of the Business and Professions Code.

Sec. 12.08.08. Failure to pay penalties.

The failure of any person to pay the administrative fines assessed by an administrative citation within the time specified on the citation may result in the enforcement official referring the matter to the city finance director to file a claim with the small claims court. Alternatively, the enforcement official may pursue any other legal remedy to collect the administrative fines as provided in Division 16.

Sec. 12.08.09. Allocation of administrative fines.

Administrative fines collected pursuant to this division shall be deposited in the code enforcement civil penalties fund established pursuant to Division 16.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 519 of 793 48 DIVISION 9. SUMMARY ABATEMENT
Sec. 12.09.01. Declaration of purpose.

The city council finds that its purpose in adopting this division and Division 10 is to establish a procedure for the summary abatement of public nuisances and code violations. The procedures established herein are in addition to any other legal remedy, criminal or civil, established by law which may be pursued to address City of Indio Municipal Code or applicable state code violations.

Sec. 12.09.02. Summary abatement.

This division governs the procedures relating to summary abatement of public nuisances.

Sec. 12.09.03. Authority.
(A) Whenever an enforcement official determines that an imminent life safety hazard exists that requires immediate correction or elimination, the enforcement official may exercise the following powers without prior notice to the responsible person:
(1) Order the immediate vacation of any occupants and prohibit occupancy until all repairs are completed. Violation of the enforcement official's order of immediate vacation and prohibition of occupancy shall constitute a misdemeanor; (2) Post the premises as unsafe, substandard or dangerous; (3) Board, fence or secure the building or site;
(4) Raze and grade that portion of the building or site to prevent further collapse and remove any hazard to the general public;
(5) Make any minimal emergency repairs as necessary to eliminate any imminent life safety hazard; and
(6) Take any other action as appropriate under the circumstances.

Sec. 12.09.04. Procedures.
(A) An enforcement official shall pursue only the minimum level of correction or abatement as necessary to eliminate the immediacy of the hazard. Costs incurred by the city during the summary abatement process shall be assessed and

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 520 of 793 49 recovered against the responsible person or property owner through the procedures outlined in Section 12.10.04.
(B) The enforcement official may also pursue any administrative or judicial remedy to abate any remaining public nuisance.

DIVISION 10. ADMINISTRATIVE ABATEMENT
Sec. 12.10.01. Declaration of purpose.

The city council finds that its purpose in adopting this Division and Division 9 is to establish a procedure for the abatement of public nuisances and code violations. The procedures established in these sections are in addition to any other legal remedy, criminal or civil, established by law which may be pursued to address the City of Indio Municipal Code or applicable state code violations.

Sec. 12.10.02. Authority.

Any condition caused, maintained or permitted to exist in violation of any provisions of the City of Indio Municipal Code or applicable state codes which constitutes a public nuisance but which does not constitute an imminent life safety hazard may be abated by the city pursuant to the procedures set forth in this division.

Sec. 12.10.03. General Procedures and Appeals.
(A) Abatement notice.
(1) Whenever an enforcement official determines that public or private property or any portion of public or private property is a public nuisance as generally defined in Division 1 or as declared in a specific section of the City of Indio Municipal Code or applicable state codes, an abatement notice may be issued to the responsible person or property owner to abate the public nuisance.
(2) The abatement notice shall contain a description of the property in general terms reasonably sufficient to identify the location of the property. It shall refer to the City of Indio Municipal Code or applicable state code violations which render the property a public nuisance.
(3) The abatement notice shall describe the action required to abate the public nuisance which may include corrections, repairs, demolition, removal, obtaining the necessary permits, vacation of tenants or other appropriate action and shall establish deadlines by which each action must occur.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 521 of 793 50 (4) The abatement notice shall explain the consequences should the responsible person fail to comply with the terms of the notice. (5) The abatement notice shall identify all applicable hearing and appeal rights.
(B) Service of abatement notice. The abatement notice shall be served by any one of the methods of service listed in Division 3. (C) The enforcement official shall establish a reasonable time frame for compliance based on the nature and severity of the nuisance. The time frame shall normally be ten days for a nuisance that does not involve an imminent threat to public health and safety.
(D) Right to appeal.
(1) The responsible person may appeal the abatement notice within ten calendar days from the date of service of the abatement notice by filing a written request to appeal to an enforcement official.
(2) Upon receiving a written request to appeal an abatement notice, an enforcement official shall follow the procedures set forth in Divisions 11 and 12 and request the enforcement hearing officer to schedule a hearing to hear any objections why abatement should not be ordered and effected.
(3) Abatement shall not proceed until the enforcement hearing officer issues an order after an appeal by the responsible person or an appeal has not been timely filed, unless the enforcement hearing officer concludes that an imminent threat to the public's health and safety exists.
(4) If the enforcement hearing officer issues an order confirming the existence of a public nuisance, the city may immediately abate the public nuisance pursuant to the procedures set forth in Section 12.10.04. of this division. The hearing officer's decision is the final administrative decision and shall become effective upon the date of issuance by the enforcement hearing officer.

Sec. 12.10.04. Abatement of a Public Nuisance by the City. (A) Once an enforcement official follows the procedures set forth in Section 12.10.03 of this division and obtains authorization to abate a public nuisance, the public nuisance may be abated by city personnel or by a private contractor. (B) City personnel or a private contractor can enter upon private property in a reasonable manner to abate the public nuisance as specified in the abatement notice or abatement order. Interference with the city's abatement of the

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 522 of 793 51 public nuisance by a property owner or responsible person shall constitute a misdemeanor.
(C) When abatement is completed, a report describing the work performed and an itemized account of the total abatement costs shall be prepared by the enforcement official. The report shall contain the names and addresses of the responsible persons or property owners of each parcel, the tax assessor's parcel number and a legal description of the property.
(D) The enforcement official shall request the hearing officer to schedule a confirmation of costs hearing, unless waived in writing by all responsible persons.
(E) All administrative and actual costs incurred by the city in abating the public nuisance may be assessed and recovered against the responsible person.

DIVISION 11. ADMINISTRATIVE ENFORCEMENT APPEALS
Sec. 12.11.01. Appeal Procedures.
(A) A person served with one of the following documents, orders or notices may file an appeal within ten (10) calendar days from the date of service:
(1) Any administrative abatement or civil penalties notice and order; (2) A letter from an enforcement official indicating an intent to record a notice of violation.
(B) The appeal shall be made in writing and filed with the city clerk. (C) The appeal shall be accompanied by an appeal fee in an amount established by resolution of the city council.
(D) The receipt of a written appeal shall stay all actions, or put in abeyance all approvals or permits which may have been granted, pending the effective date of the decision of the body hearing the appeal. Upon the filing of a proper appeal fines shall cease to be imposed unless such cessation would result in the continuation of a life, health, or safety risk.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 523 of 793 52 (E) After receiving the written notice of appeal, the enforcement official shall request an administrative enforcement hearing officer to schedule a date, time, and place for the hearing.
(F) Written notice of the date, time and place of the hearing shall be served at least ten calendar days prior to the date of the hearing on the person appealing the notice by any one of the methods listed in Division 3.

Sec. 12.11.02. Appeal Hearing.
(A) The appeal hearing shall be conducted pursuant to the administrative enforcement hearing procedures set forth in Division 12.

Sec. 12.11.03. Failure to Attend an Administrative Enforcement Hearing. (A) Failure to attend the administrative enforcement hearing by the appellant shall constitute a waiver of their rights to an administrative enforcement hearing and administrative adjudication of the notice or any portion of the notice.

DIVISION 12. ADMINISTRATIVE ENFORCEMENT HEARING PROCEDURES Sec. 12.12.01. Declaration of Purpose.
(A) This division establishes the procedures for conducting administrative enforcement hearings.
(B) The city council finds that there is a need to establish a uniform procedure for administrative enforcement hearings conducted pursuant to the City of Indio Municipal Code. It is the purpose and intent of the city council to afford due process of law to any person who is directly affected by an administrative action. Due process of law includes: adequate notice, an opportunity to participate in the administrative hearing and an adequate explanation of the reasons justifying the administrative action. These procedures are also intended to establish a forum to efficiently, expeditiously and fairly resolve issues raised in any administrative enforcement action.
(C) The city manager is authorized to develop and implement policies and procedures relating to the qualifications, appointment and compensation of hearing officers, hearing officer powers, hearing procedures, scope of the hearing, and other matters relating to administrative enforcement hearings. The city manager shall promulgate rules and procedures as are necessary to establish a list of qualified

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 524 of 793 53 persons who are capable of acting on behalf of the city as hearing officers. The hearing officers shall be appointed by resolution of the city council.

Sec. 12.12.02. Procedures for Notification of Enforcement Hearing. (A) Where an administrative enforcement remedy or proceeding authorized by this title provides for an enforcement hearing, the enforcement official may request a hearing officer to schedule a day, time and place for the hearing. (B) Written notice of the time and place of the hearing shall be served at least ten calendar days prior to the date of the hearing to the responsible person or property owner.
(C) The format and contents of the hearing notice shall be in accordance with rules and policies promulgated by the city manager. (D) The notice of hearing shall be served by any of the methods of service listed in Division 3.

Sec. 12.12.03. Disqualification of Enforcement Hearing Officer.

Any person designated to serve as an enforcement hearing officer is subject to disqualification for bias, prejudice, conflict of interest, or for any other reason for which a judge may be disqualified in a court of law.

Sec. 12.12.04. Powers of Enforcement Hearing Officer.
(A) The enforcement hearing officer may continue a hearing based on good cause shown by one of the parties to the hearing or if the hearing officer independently determines that due process has not been adequately afforded. (B) The enforcement hearing officer shall retain jurisdiction over the subject matter of an administrative enforcement hearing for the purposes of granting a continuance, ensuring compliance with an administrative enforcement order, modifying an administrative enforcement order, or where extraordinary circumstances exist, granting a new hearing.
(C) The enforcement hearing officer has the authority to require a responsible person to post a code enforcement performance bond to ensure compliance with an administrative enforcement order. Procedures for the use of a code enforcement performance bond shall be promulgated by the city manager.

Sec. 12.12.05. Procedures at Administrative Enforcement Hearing.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 525 of 793 54 (A) Administrative enforcement hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. The procedure and format of the administrative hearing shall be promulgated by the city manager. (B) The city bears the burden of proof at an administrative enforcement hearing or a nuisance abatement hearing to establish the existence of a violation of the City of Indio Municipal Code or applicable state code, or to establish the existence of a public nuisance.
(C) The standard of proof to be used by the enforcement hearing officer in deciding the issues at an administrative hearing is a preponderance of the evidence standard.
(D) Each party shall have the opportunity to cross-examine witnesses and present evidence in support of their case.

Sec. 12.12.06. Failure to Attend Administrative Enforcement Hearing.

Any party whose property or actions are the subject of an administrative enforcement hearing and who fails to appear at the hearing is deemed to waive the right to a hearing and to an adjudication of the issues related to the hearing, provided that proper notice of the hearing has been provided.

Sec. 12.12.07. Administrative Enforcement Order.
(A) The decision of the enforcement hearing officer shall be made within ten days of the hearing, entitled "Administrative Enforcement Order" and be issued in accordance with the rules and procedures promulgated by the city manager. (B) The Administrative Enforcement Order shall be served on all parties by any one of the methods listed in Division 3 of this Code. (C) The Administrative Enforcement Order shall become final on the date of service of the order.

Sec. 12.12.08. Judicial Review.

Judicial review of an Administrative Enforcement Order may be sought pursuant to a writ of administrative mandamus. Once an administrative enforcement order becomes final as provided in this division, the time in which judicial review of the order must be sought shall be governed by California Code of Civil Procedure § 1094.6 except as otherwise specifically provided elsewhere in this Code.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 526 of 793 55 Sec. 12.12.09. Failure to Comply with Administrative Enforcement Order.

It is unlawful for any party to an administrative enforcement hearing who has been served with a copy of the final Administrative Enforcement Order to fail to comply with the order. Failure to comply with a final administrative enforcement order may be prosecuted as an infraction or a misdemeanor.

DIVISION 13. RECOVERY OF CIVIL PENALTIES, ADMINISTRATIVE COSTS

AND ABATEMENT COSTS
Sec. 12.13.01. Declaration of Purpose.

The city council finds that, in addition to the filing of civil collection actions by the city attorney, the use of nuisance abatement liens collected as personal obligations against property owners and the use of special assessments on real property will assist in the collection of civil penalties, abatement costs, administrative costs, re-inspection fees and late fees assessed pursuant to administrative citations, administrative hearings, judicial orders and other appropriate code enforcement actions. The city council further finds that collection of civil penalties, costs and fees assessed for code enforcement violations is important in deterring future violations and maintaining the integrity of the city's code enforcement system. The city has the authority to make the expense of enforcement actions and abatement of any nuisance a lien against the property on which it is maintained and a personal obligation against the property owner, in accordance with California Government Code § 38773.1; or, in the alternative, the city has the authority to make the cost of abatement of a nuisance upon a parcel of land a special assessment against that parcel, in accordance with California Government Code § 38773.5. The procedures established in this division shall be used to complement existing administrative or judicial remedies which may be pursued to address violations of the City of Indio Municipal Code or applicable state codes.

Sec. 12.13.02. Procedures for Recovering Costs.

This division governs the procedures for recovery of all administrative and actual costs incurred by the city in the recovery of civil penalties, in the abatement of a public nuisance, and for recordation and recovery of costs of enforcing nuisance abatement liens pursuant to the procedures and authority found in the California Government Code. The provisions of Government Code §§ 38771—38773.5 and any amendments to those sections are hereby incorporated by reference and made a part of this division.

Sec. 12.13.03. Recovery of Civil Penalties.

The enforcement official may collect all civil penalties and related administrative costs by the use of all appropriate legal means, including referral to the finance director or city attorney.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 527 of 793 56 Sec. 12.13.04. Authority to Impose Lien/Special Assessment.

Whenever the amount of any nuisance abatement charge, administrative penalty, administrative cost, or other debt incurred by the city in connection with real property has not been satisfied in full within 90 days and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien or, in the alternative, a special assessment against the real property on which the violation occurred.

Sec. 12.13.05. Recovery as a Lien on Property.
(A) In addition to constituting a personal financial obligation of the person or persons responsible therefor, any nuisance abatement charge, administrative penalty, administrative cost, administrative citation or other debt imposed by the city in connection with real property may be recovered by recordation of a lien against the subject real property.
(B) Upon determination by the city manager or his designee that the nuisance abatement charge, administrative penalty, administrative cost, or other debt imposed by the city has not been satisfied in full within 90 days of the date it was imposed, the city manager or his designee shall recommend that the city council adopt a resolution confirming imposition of the debt and approving the filing of a lien against the subject real property. Before taking these actions, however, the city manager or his designee shall wait until any timely filed writ of mandate challenging the penalty/cost/charge/debt is disposed of by a court of law. (C) The resolution shall state the amounts due and owing, the name of the agency imposing the lien City of Indio, the date of the order or other notice describing the property violation or nuisance in question, the street address and assessor's parcel number of the subject property, and the name and address of the recorded owner of the property.
(D) A copy of the resolution shall be served on the property owner, along with notice to the property owner that a lien in the amounts stated in the resolution will be filed against the subject property in the Riverside County recorder's office. (E) The notice set forth in subsection (d) shall be served in the same manner as a summons in a civil action in accordance with the Code of Civil Procedure § 415.10 et seq. If the owner of record cannot be found after diligent search, then the notice shall be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Riverside County.
(F) Following proper notice to the owner of record as provided in subsection (e), the resolution and notice shall be recorded as a lien with the county recorder. Once recorded, the resolution and notice shall have the force and effect and priority of a judgment lien governed by the provisions of Code of Civil Procedure §

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 528 of 793 57 697.340 and may be extended as provided in Code of Civil Procedure §§ 683.110— 683.220, inclusive.
(G) The interest rate set for money judgments in Code of Civil Procedure § 685.010 shall accrue on the principal amount of the lien until satisfied pursuant to law.
(H) A lien pursuant to this section may be foreclosed by an action brought by the city for a money judgment.

Sec. 12.13.06. Recovery of Costs by Special Assessment. (A) As an alternative to the procedure above in this division, there is hereby established a procedure for making any nuisance abatement charge, administrative penalty, administrative cost or other debt imposed by the city in connection with real property a special assessment against the subject real property. (B) Upon determination by the city manager or his designee that the nuisance abatement charge, administrative penalty, administrative cost, or other debt incurred by the city has not been satisfied in full within 90 days of the date it was imposed and/or has not been successfully challenged by a timely writ of mandate, the city manager or his designee shall recommend that the city council adopt a resolution confirming imposition of the debt and approving the filing of a special assessment against the subject real property. Before taking these actions, however, the city manager or his designee shall wait until any timely filed writ of mandate challenging the penalty/cost/charge/debt is disposed of by a court of law. (C) The resolution shall state the amounts due and owing, the name of the agency imposing the special assessment City of Indio, the date of the order or other notice describing the property violation or nuisance in question, the street address and assessor's parcel number of the subject property, and the name and address of the recorded owner of the property.
(D) A copy of the resolution shall be served on the property owner, along with notice that the property may be sold after five years by the tax collector for unpaid delinquent assessments. If the owner of record cannot be found after diligent search, then the notice shall be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Riverside County. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice. (E) The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 529 of 793 58 property to which the assessment relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the assessment shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection. (F) The interest rate set for money judgments in Code of Civil Procedure § 685.010 shall accrue on the principal amount of the lien until satisfied pursuant to law.
(G) The city may, subject to the requirements applicable to the sale of property pursuant to Revenue and Taxation Code § 3691, conduct a sale of vacant residential developed property for which the payment of the assessment is delinquent. (H) The resolution adopted by the city council under this section shall be entitled to recordation.

Sec. 12.13.07. Repayment to Code Enforcement Civil Penalties Fund.

All monies recovered by payment of the charge or assessment or from the sale or transfer of the property shall be remitted to the city finance director who shall credit the appropriate amount to the code enforcement civil penalties fund provided for in 16, or alternatively use the monies to reimburse the department responsible for the subject code enforcement action where appropriate.

Sec. 12.13.08. Satisfaction of Lien/Special Assessment. (A) Once payment in full is received by the city for the outstanding debt, the finance director or his designee shall:
(1) With respect to a lien, either record a notice of satisfaction or provide the property owner or financial institution with a notice of satisfaction so they may record this notice with the county recorder. Such notice of satisfaction shall cancel the city's lien; and
(2) With respect to a special assessment, provide written notice to the tax collector that the special assessment amount has been paid in full and should no longer be imposed against the subject property. Such written notice shall cancel the city's special assessment.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 530 of 793 59 DIVISION 14. ATTORNEYS' FEES AND COSTS
Sec. 12.14.01. Declaration of Purpose.

The city council hereby finds that there is a need to recover costs and fees incurred by the city to abate public nuisances. The city council further finds that the recovery of attorneys' fees in nuisance abatement actions and proceedings will further the strong public policy of encouraging the abatement of public nuisances in the city, will facilitate the city's efforts to maintain effective and efficient nuisance abatement programs within the city and will, accordingly, serve as an effective deterrent to the maintenance of public nuisances.

Sec. 12.14.02. Recovery of Costs.

Pursuant to California Government Code § 38773.5, or its successor statutes, in any action, administrative proceeding or special proceeding to abate a public nuisance wherein the city elects at the initiation of the action or proceeding to seek recovery of its attorneys' fees, the prevailing party shall be entitled to recover the amount of its reasonable attorneys' fees incurred in the action or proceeding.

DIVISION 15. CODE ENFORCEMENT COST RECOVERY
Sec. 12.15.01. Code Enforcement Costs.

This division governs the general procedures for recovering code compliance costs incurred by the city unless other provisions of this Code establish another specific procedure for a particular type of code compliance cost recovery.

Sec. 12.15.02. Declaration of Purpose.

The city council finds there is a need to recover costs, including legal costs, incurred by enforcement officials and other city personnel, who spend considerable time and resources in an effort to ensure that compliance with the City of Indio Municipal Code or applicable state codes has been obtained.

Sec. 12.15.03. Authorization.

Whenever an enforcement official determines a property to be in violation of provisions of the City of Indio Municipal Code or applicable state codes and those violations have been listed in a notice of violation, the enforcement official shall assess code enforcement costs against the responsible person or property owner.

Sec. 12.15.04. Assessment of Code Enforcement Costs.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 531 of 793 60 A code compliance cost fee schedule shall be established and revised as necessary by the city council to reflect current actual costs. The fee schedule shall be filed in, and available for public review at, the city clerk's office.

Sec. 12.15.05. Notice of Assessment of Code Enforcement Costs. (A) Where the assessment of code enforcement costs is authorized under this division, the appropriate city enforcement official shall provide the responsible person with a written notice of the amount of costs assessed. The written notice shall contain the following information:
(1) An itemized list of the amounts charged;
(2) The corresponding dates when code enforcement costs were incurred;
(3) A deadline by which the costs must be paid; and
(4) Notice that additional fees may be charged for late payment. (B) Service of notice of the code enforcement cost assessment shall be provided to the responsible person or property owner by any of the means outlined in Division 3.
(C) Code enforcement costs may be assessed as part of any judicial or administrative enforcement action as provided for in this division. (D) The failure of any responsible person or property owner to receive notice of the code enforcement cost assessment shall not affect the validity of any costs imposed under this division.

Sec. 12.15.06. Failure to Pay Code Enforcement Costs.

The failure of any person to pay code enforcement cost assessment by the deadline specified in the written notice shall result in the assessment of an additional late fee. The amount of the late fee shall be established by the city council.

Sec. 12.15.07. Collection of Code Enforcement Costs.

The enforcement official shall collect the assessed code enforcement costs and late fees by the use of all appropriate legal means, including but not limited to referral to the city finance department or city attorney for collection or by lien or special assessment pursuant to Division 13.

Sec. 12.15.08. Payment to Code Enforcement Civil Penalties and Cost Recovery Fund.

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 532 of 793 61 All code enforcement costs and late fees recovered shall be remitted to the city finance director who shall credit the appropriate amount to the code enforcement civil penalties fund provided for in Division 16, or alternatively use the monies to reimburse the department responsible for the subject code enforcement action where appropriate.

DIVISION 16. CODE ENFORCEMENT CIVIL PENALTIES AND COST

RECOVERY FUND
Sec. 12.16.01. Declaration of Purpose.

The city council finds that there is a need to create and maintain a funding source for the administration and operation of code enforcement activities in the city. In order to effectively administer such activities as nuisance abatement, inspections and re- inspections, imposition of liens and special assessments on real property, administrative hearings related thereto, departmental code enforcement cost reimbursement, and other activities to enhance and improve code enforcement for the public safety and welfare, the establishment of a code enforcement civil penalties and cost recovery fund is essential.

Sec. 12.16.02. Establishment of Code Enforcement Civil penalties and Cost Recovery Fund.

There shall be established a code enforcement civil penalties and cost recovery fund which shall be administered by the finance director and shall consist of all monies collected by the imposition of fines, civil penalties, nuisance abatement recovery monies and all other costs and reimbursements recovered by code enforcement actions.

Sec. 12.16.03. Use of Funds.

All funds collected from code enforcement actions shall be deposited into a separate fund and used for the supplemental financing of code enforcement programs or, where appropriate, to reimburse the department responsible for the subject code enforcement action.

DIVISION 17. PRIVATE NUISANCE ABATEMENT
Sec. 12.17.01. Private Nuisance.

No person on private property shall engage in any activity or create any condition which unreasonably disturbs, or would tend to unreasonably disturb, a person of

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 533 of 793 62 reasonable sensibilities on private property in the same vicinity, or which is so harsh, prolonged, unnatural or unusual in use, time or place as to cause physical discomfort to such person on private property in the same vicinity, if the disturbing activity or condition can be eliminated or ameliorated with reasonable accommodation on the part of the disturbing party. As used in this division, an unreasonably disturbing activity or condition shall include the emission of harsh, prolonged or unusual lighting from privately owned property, the emission of unreasonably loud, prolonged or unusual noise from privately owned property, or the emission of noxious, foul or nauseating odors, vapors, smoke or fumes from privately owned property.

Sec. 12.17.02. Private Nuisance Abatement.
(A) Subject to the requirement of subsection (b), any person who is unreasonably disturbed, or whose property is damaged, by private nuisance activity or a private nuisance condition existing on private property as defined in Section 12.17.01(A) may bring a private nuisance cause of action for damages and/or injunctive relief to abate that private nuisance.
(B) Any person who intends to institute a private nuisance lawsuit pursuant to subsection (a) shall first attempt to informally resolve the dispute with the person or persons allegedly responsible for the nuisance including, if agreed to by the person allegedly responsible for the nuisance, submitting the dispute to mediation. If mediation is not successful or if the person allegedly responsible for the nuisance does not agree to mediation, a private nuisance lawsuit pursuant to subsection (a) may be initiated.”
Section 2. Severability
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 3. Publication
The City Clerk is authorized and directed to cause this Ordinance to be published as required by law.

Section 4. Adoption and Effective Date

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 534 of 793 63 This Ordinance shall be introduced at a regular meeting and adopted at a regular meeting at least seven days after introduction. The Ordinance shall be effective upon the thirty-first day following adoption.

Section 5. CEQA.

The City Council finds that there is no possibility the adoption and implementation of this Ordinance may have a significant effect on the environment. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act ("CEQA") pursuant to Section § 15061 (b)(3) of Title 14 of the California Code of Regulations.

PASSED, APPROVED and ADOPTED this 21st day of February 2024. ___________________________

LUPE RAMOS AMITH
MAYOR
ATTEST:
__________________________

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

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Ordinance No. 1809, Repealing Chapter 11 and Various Sections of Chapter... Page 535 of 793 City of Indio
City Council
February 7, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Resolution No. 10423: Request for Conditional Approval of Tentative Parcel Map No. 38741 (Case File No. 23-05-46) to subdivide a 3.38-acre parcel of land (Assessor’s Parcel Number 600-230-009) into two separate parcels of land located at 80545 Highway 111 and determining that the Project is Categorically Exempt from environmental review pursuant to Section 15315 (Minor Land Division) of the California Environmental Quality Act (CEQA) Guidelines

RECOMMENDATION:

Approve Resolution No. 10423 conditionally approving Tentative Tract Map No. 38741.

SUMMARY:

The applicant's represenative, Armando Magana, on behalf of Mercedes Herrera, the property owner of record, is proposing to subdivide a 3.38-acre parcel into two parcels for financial purposes only. Parcel 1 will be 1.19 acres and Parcel 2 will be 2.19 acres.

BACKGROUND INFORMATION:

On May 5, 2023, the applicant's representative submitted a Tentative Parcel Map application to subdivide a 3.38-acre parcel identified as APN 600-230-009 located on the south side of Highway 111, east of Shields Road and further identified as 80545 Highway 111 into two (2) parcels of land.

Project Site and Surrounding Land Uses
The Project site includes an existing medical building fronting Highway 111, located on proposed Parcel 1. The undeveloped portion of the project site has been previously graded consisting of compacted sandy soils and minimal vegetation.

The General Plan Land Use designations, Zoning Designations, and Existing Uses are identified in the table below:

GENERAL PLAN, ZONING, AND SURROUNDING EXISTING USE
General Plan 2040 Zoning Existing Use
Site:

Mixed-Use
Neighborhood
(MUN)
Mixed-Use Corridor
(MU-C) and
Neighborhood
General (NG)
Medical Building &
Vacant Land
AGENDA ITEM #12.1
Resolution No. 10423, Conditional Approval of Tentative Parcel Map No. 3... Page 536 of 793

GENERAL PLAN, ZONING, AND SURROUNDING EXISTING USE
North:

Mixed-Use
Neighborhood
(MUN)
Mixed-Use Corridor
(MU-C) Vacant Land
South:

Mixed-Use
Neighborhood
(MUN)
Mixed-Use
Neighborhood
(MUN)
RV Storage
East:

Mixed-Use
Neighborhood
(MUN)
Mixed-Use Corridor
(MU-C),
Neighborhood
General (NG), and
Neighborhood Low
(NL)
Commercial
West:

Mixed-Use
Neighborhood
(MUN)
Mixed-Use Corridor
(MU-C),
Neighborhood
General (NG), and
Neighborhood Low
(NL)
Vacant Land

Tentative Parcel Map
Tentative Parcel Map No. 38741 is for the the subdivision of an existing 3.38-acre parcel into two (2) parcels.

Lot No. New Parcel Size Zoning Existing Use
Parcel 1 1.19 acres MU-C Medical Building
Parcel 2 2.19 acres MU-C and NG Vacant Land

Findings
The Subdivision Map Act requires that, before any map approval, the City find that the proposed subdivision, together with the provisions for its design and improvement of any tentative map or a parcel map is consistent with the general plan (Government Code Sections 66473.5). The Findings and Conclusion Section of this report addresses the consistency of the Tentative Parcel Map’s proposed parcel division with the Subdivision Map Act.

Section 156.021 of the Indio Municipal Code provides that the Planning Commission shall, upon recommending approval unequivocally or with modifications to the requirements and conditions it proposes upon a tentative map to the City Council, make the necessary findings as required by the Subdivision Map Act. Further, California Government Code Section 66474 sets forth findings that both the Planning Commission and the City Council must adopt tentative maps that are analyzed below pertaining to the proposed Tentative Parcel Map:

I. The proposed map is consistent with applicable general and specific plans:

The existing property is designated under the Mixed-Use Neighborhood (MUN) land use in the provides intensity higher- to moderate- use Plan MUN The 2040. General land choices neighborhood development that features a variety of multifamily housing and commercial uses along major streets. Consistent with and pursuant to Chapter 3 (Land Use and Urban Design) of the Indio General Plan 2040, the MUN zone permits the development of a range of single-family and multi-family residential uses, parks and recreation, mixed-use

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Resolution No. 10423, Conditional Approval of Tentative Parcel Map No. 3... Page 537 of 793 (retail/office, retail/residential, office/residential, and neighborhood-serving retail, general commercial, services, entertainment, live/work, and offices).

The project site is designated Mixed Use Corridor MU-C) and Neighborhood General (NG) pursuant tp the Highway 111 Corridor Specific Plan (CSP). The MU-C zone provides an urban zone along the Highway 111 CSP with denser mixed-use development. The MU-C zone permits mixed-use and multifamily residential, hotels and lodging, neighborhood serving commercial, entertainment and employment-generating office space. The NG zone provides a lively neighborhood environment that offers a variety of housing types and choices within easy walking and biking distance from the numerous neighborhood-serving amenities along the corridor and other activity centers within the zone. The NG zone permits multi-family developments and neighborhood serving commercial developments.

Tenative Parcel Ma[ No. 37841 will subdivide the existing 3.38-acre parcel site into two (2) individual parcels. All future development will be required to complete a formal planning review entitlement process for any future development within the boundaries of TPM No. 38741 to ensure that any proposed development is consistent with the City of Indio General Plan and the Highway 111 CSP.

II. The design or improvement of the proposed subdivision is consistent with applicable general and development agreement in that:

The proposed Project is limited to the subdivision of a 3.38-acre parcel into two (2) parcels.

At the time of the publication of this Staff Report, no development is proposed. All future development will be required to complete a formal planning review entitlement process within the boundaries of TPM No. 38741 to ensure that any proposed development is consistent with the City of Indio General Plan and the Highway 111 CSP.

III. The site is physically suitable for the type of development in that:

Access to the properties will be located via two existing driveways off of Highway 111.

Access to proposed Parcel 2 will be provided by two approximately 30-foot access easements on the east and west boundaries of proposed Parcel 1. There is existing infrastructure on the existing parcel (APN 600-230-009) that services the existing medical office on proposed Parcel 1. Additional infrastructure to serve proposed Parcel 2 will be provided as a condition of approval for the future development of the parcel. Furthermore, the site has no topographical constraints. Therefore, it can be determined that the proposed subdivision is physically suitable for the site.

IV. The site is physically suitable for the proposed density of development in that:

The project has a land use designation of MUN and zoning designations of MU-C and NG.

The MUN land use designation permits the construction of retail, office, and general commercial services buildings. The MU-C zoning designation also allows for the construction of retail, office, and general commercial services buildings and is intended to complement the land use designation. The NG zoning designation allows for the construction of multi-family developments and neighborhood serving commercial developments. Parcel 1 will contain the existing medical building and is physically suitable for the existing development. At the time of the publication of this Staff Report, no development is currently proposed on Parcel 2. All future development will be required to complete a formal planning review entitlement process to ensure that any future development is consistent with the density of development permitted by the City of Indio General Plan.

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Resolution No. 10423, Conditional Approval of Tentative Parcel Map No. 3... Page 538 of 793 V. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that:

The Project site is adjacent to Highway 111 and surrounded by developed properties and disturbed vacant land. The project site has been previously graded and exhibits minimal vegetation. There is no presence of fish or wildlife or their habitat on this property. There are no watercourses, streams, or wetlands present on the property. The Project is therefore not likely to cause substantial environmental damage within the City and provides no fish or significant wildlife habitat.

VI. The design of the subdivision or type of improvements are not likely to cause serious public health problems in that:

Tentative Parcel Map No. 38741 proposes the subdivision of a 3.38 acre parcel into two parcels. As reviewed by the City of Indio Public Works Department and Indio Water Authority, adequate sewer and water systems are currently available and will be accessible to the two resultant parcels. As conditioned by the City of Indio Public Works Department, Indio Water Authority, and Imperial Irrigation District, the parcels have the necessary infrastructure to adequately serve the two resultant parcels and all future proposed uses as allowed by the City of Indio General Plan and the Highway 111 CSP.

VII.The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision in that:As proposed, Tentative Parcel Map No. 38741 will not conflict with any public easements acquired for access or use by the public at large within the proposed subdivision. The Fire Department and Public Works Department have reviewed and approved the access points. The map includes two access easements to Parcel 2 along the east and west boundaries of Parcel 1. A 10-foot wide Coachella Valley Water District easement traverses Parcel 1 east to west near the center of the site. Parcel 1 is already developed and no additional development is proposed as part of the Project. As such, the subdivision’s design is confirmed to be in harmony with existing public easements.

Conclusion:

Staff concludes that the findings set forth in Government Code Section 66474 can affirmatively be made for the proposed Tentative Parcel Map No. 38741 (Case No. 23-05-46). The proposed parcel subdivision is consistent with the Indio General Plan and Highway 111 Corridor Specific Plan. The parcel subdivision will not conflict with easements acquired by the public at large, for access through or use of property within the proposed parcel subdivision, and it will not cause substantial environmental damage or substantially avoidably injure fish, wildlife, or their habitat. The required conditions of approval ensure the Project will not be detrimental to the public health, safety, or welfare, and the conditions prevent material injury to properties or improvements in the vicinity.

Environmental Assessment:

The City of Indio, as Lead Agency, has reviewed the project pursuant to: 1) CEQA Guidelines Section 15002(k) – General Concepts, the three-step process for deciding which document to prepare for a project subject to CEQA; and 2) CEQA Guidelines Section 15061 – Review for Exemption, procedures for determining if a project is exempt from CEQA. It can be seen with certainty that implementing the project would not cause a significant adverse effect on the environment because the Project is limited to the subdivision of a 3.38-acre parcel into two (2) parcels. No development is proposed. As such, the Project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15315 – Minor Land Division. Further, there is no substantial evidence indicating that any of the exceptions set forth in CEQA Guidelines Section 15300.2 – Exceptions apply to the project.

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Resolution No. 10423, Conditional Approval of Tentative Parcel Map No. 3... Page 539 of 793

Public Hearing Notice:

A public hearing notice for the project was published in the Desert Sun, the newspaper of record, on January 17, 2024. A public hearing notice was mailed to property owners within a radius of 500 feet of the subject property on January 17, 2024, consistent with Section 6.03.08 of the City of Indio Unified Development Code.

ATTACHMENTS:

Attachment 1 - ResolutionNo_210423 TPM38741_
Attachment 2 Vicinity Map
Attachment 3 Parcel Map
Attachment 4 Environmental Setting

APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 29 Jan 2024 Steven Graham, City Attorney Approved - 30 Jan 2024
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 01 Feb 2024 Bryan H. Montgomery, City Manager Approved - 01 Feb 2024

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Resolution No. 10423, Conditional Approval of Tentative Parcel Map No. 3... Page 540 of 793 RESOLUTION NO. 10423
RESOLUTION NO. 10423 OF THE CITY COUNCIL OF THE CITY OF INDIO CONDITIONALLY APPRO VING TENTATIVE PARCEL MAP NO. 38741 (CASE NO. 23-05-46) TO SUBDIVIDE A 3.38-ACRE ACRE PARCEL OF LAND INTO TWO (2) SEPARATE PARCELS OF LAND LOCATED AT 80545 HIGHWAY 111 (ASSESSOR'S PARCEL NUMBER 600-230-009), AND DETERMINING THAT

THE PROPOSED PROJECT IS CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15315 (MINOR LAND

DIVISION) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES.

WHEREAS, on May 5, 2023, the applicant’s representative, Armando Magana, on behalf of Mercedes Herrera, the property owner on record, (the “Applicant”) submitted a Tentative Parcel Map application and associated documentation for Tentative Parcel Map No. 38741 (Case No. 23-05-46); and WHEREAS, the proposed Tentative Parcel Map will subdivide a 3.38-acre parcel into two (2) parcels (“Project”); and
WHEREAS, the proposed Tentative Parcel Map is located on the south side of Highway 111, east of Shields Road, at 80545 Highway 111 (Assessor's Parcel Number 600-230-009) in the City of Indio; and
WHEREAS, the proposed Tentative Parcel Map is within the Mixed Use Neighborhood (MUN) land use designation per the City of Indio General Plan 2040; WHEREAS, the proposed Tentative Parcel Map is zoned Mixed-Use Corridor (MU-C) and Neighborhood General (NG) under the Highway 111 Corridor Specific Plan (CSP); and
WHEREAS, the project is consistent with and intended to implement the vision of the Highway 111 CSP and the City of Indio General Plan 2040 pertaining to land use patterns, intensities, densities, building and site design, and public right-of-way improvements; and
WHEREAS, the Subdivision Map Act also requires that, prior to any map approval, the City must find that the proposed subdivision, together with the provisions for its design and improvement of any tentative map or a parcel map, is consistent with the general plan and any applicable specific plan, and that the site is physically suitable for that type of development and the proposed density, and that the design of the subdivision is not likely to cause serious public health problems, conflict with easements, or cause substantial environmental damage or substantially and avoidably injure fish, wildlife, or their habitat (Government Code Section 66473.5); and

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Resolution No. 10423, Conditional Approval of Tentative Parcel Map No. 3... Page 541 of 793 WHEREAS, the Tentative Parcel Map is consistent with the General Plan 2040 and meets the Mixed Use Neighborhood (MUN) land use designation requirements and is consistent with the requirements outlined in the Highway 111 CSP; and WHEREAS, the Tentative Parcel Map will not conflict with easements acquired by the public at large, for access through or use of property within the proposed parcel subdivision as all such improvements will be constructed to be adequate for the Project, and it will not cause substantial environmental damage or substantially avoidably injure fish, wildlife, or their habitat; and
WHEREAS, the proposed design of the subdivision improvements contemplated by the proposed parcel subdivision is not likely to be detrimental to public health, safety, or welfare as adequate sewer and water systems will be available to the two resultant parcels. The parcels have the necessary infrastructure to adequately serve the proposed development and all proposed uses as allowed by the zoning ordinances that regulate the Project Site; and
WHEREAS, in accordance with Government Code Section 65090, on January 17, 2024, City staff published a legal notice of public hearing in the Desert Sun, the newspaper of record, and mailed notices of public hearing on January 17, 2024, to all property owners within 500 feet of the boundaries of the proposed Project; and WHEREAS, the Planning Commission recommended the conditional approval to the City Council for Resolution No. 2080 for the Tentative Parcel Map No. 38741 (Case File No. 23-05-46) with a vote of 5-0; and
WHEREAS, following the conclusion of the public hearing and discussion, the City Council conditionally approved this Resolution for the Tentative Parcel Map No. 38741 (Case File No. 23-05-46) the motion vote outcome specified in the meeting minutes for the February 7, 2024, City Council meeting.

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

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

SECTION 2. Environmental Evaluation. Indio Municipal Code sections 156.021-156.022 provide that the City Council is responsible for the environmental review of parcel maps. As such, the City Council has independently reviewed the Notice of Exemption and the administrative record for the proposed Tentative Parcel Map, including all oral and written comments received during the public hearing, the staff report, and all attachments thereto, which are all incorporated herein by reference and are on file with the Community Development Department for the City of Indio, and the

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Resolution No. 10423, Conditional Approval of Tentative Parcel Map No. 3... Page 542 of 793 City Council finds that the City of Indio, as Lead Agency, has reviewed the proposed project pursuant to: 1) CEQA Guidelines Section 15002(k) – General Concepts, the three-step process for deciding which document to prepare for a project subject to CEQA; and 2) CEQA Guidelines Section 15601 – Review for Exemption, procedures for determining if a project is exempt from CEQA. It can be seen with certainty that implementing the Project would not cause a significant adverse effect on the environment because the Project is limited to the subdivision of a 3.38-acre parcel into two (2) parcels. No development is proposed. As such, the Project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15315 – Minor Land Division.

Further, there is no substantial evidence indicating that any of the exemptions set forth in CEQA Guidelines Section 15300.2 apply to the Proposed Project.

SECTION 3. Map Findings. Based upon the evidence presented at the hearing, including the staff report, the City Council hereby finds and determines the Project complies with the necessary findings as required by Indio Municipal Code Chapter 156 and the Subdivision Map Act. The Subdivision Map Act, in Government Code Section 66474, sets forth the findings required for tentative maps and are summarized as follows:
a. Tentative Parcel Map No. 38741 (Case File No. 23-05-46) complies with the Subdivision Map Act.
b. The proposed Tentative Parcel Map is consistent with applicable general and specific plans in that the subdivision will be creating two separate parcels that comply with the City of General Plan 2040 and Highway 111 CSP development standards.
c. The design or improvement of the proposed subdivision is consistent with applicable general plans and the Highway 111 CSP in that the proposed parcel subdivision will be in conformance with the General Plan land use designation of the MUN land use designation, the MU-C and NG zoning designations, and with the policies and specific actions defined in the Highway 111 CSP and City of Indio General Plan 2040.
d. The site is physically suitable for the type of development in that adequate access and infrastructure exist or will be provided. Furthermore, the site has no topographical constraints.
e. The site is physically suitable for the density of the developments permitted within the City of Indio General Plan 2040 MUN land use and Highway 111 CSP MU-C and NG zoning designations.
f. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that one of the resultant parcels (Parcel 1) has an existing medical building and will not require further development. The second

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Resolution No. 10423, Conditional Approval of Tentative Parcel Map No. 3... Page 543 of 793 resultant parcel from the subdivision (Parcel 2) is surrounded by developed parcels and disturbed vacant lands and there is no presence of fish and wildlife or their habitat on this property. There are no watercourses, streams, or wetlands present on the property. The Project is therefore not likely to cause substantial environmental damage within the City and provides no fish or significant wildlife habitat.
g. The design of the subdivision or type of improvements are not likely to cause serious public health problems in that adequate sewer and water systems will be available to the two resultant parcels. Compliance with the applicable standards and conditions of approval will prevent the project from being detrimental to public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
h. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision in that public utilities for electricity, water, sewer, telecommunications, and gas service have all been assessed for availability.

Therefore, the parcel subdivision will not conflict with easements acquired or required by the public at large, for access through or use of the property.

SECTION 4. Recommendation. Based on the foregoing, the City Council of the City of Indio CONDITIONALLY APPROVES Tentative Parcel Map No. 38714 (Case No. 23-05-46) with the following conditions of approval:

A. General Conditions of Approval:

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

1. Tentative Parcel Map No. 38741 (Case File No. 23-05-46) approval granted by this Resolution shall expire two years after its approval, or as otherwise prescribed by the Subdivision Map Act and City of Indio Municipal Code. An application for time extension shall be filed at least 45 days before the tentative map is due to expire. The Director of Community Development may grant a one-year administrative extension of time provided that the property is properly maintained and free of weeds and debris. The City Council may approve additional extensions provided that the total extensions do not exceed the maximum time frames prescribed by the Subdivision Map Act.

2. In the event of any legal challenge, claim, administrative proceeding, or litigation arising from or related to the approval of the project, including but not limited to any concurrent legislative acts, approvals, agreements or environmental determinations, (“Project Approvals”) the Applicant shall, at its own expense, defend the City, its elected and appointed officials, officers, employees, agents, volunteers and attorneys (“Indemnified

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Resolution No. 10423, Conditional Approval of Tentative Parcel Map No. 3... Page 544 of 793 Parties”) against such legal challenge, claim, administrative proceeding, or litigation. In addition, the Applicant shall reimburse the City for the City’s cost of defending any such legal challenge, claim, administrative proceeding, or litigation, including, but not limited to, all attorney’s fees (including the City Attorney’s fees), legal costs, expert fees and costs, and all other expenses incurred by the City in connection with the legal challenge, claim, administrative proceeding, or litigation. The Applicant shall indemnify and hold harmless the Indemnified Parties from and against any and all liabilities, claims, damages, losses, judgments, fines, penalties, costs, and expenses (including reasonable attorney's fees and costs) arising from or in connection with the Project Approvals. This indemnification shall cover all claims, regardless of whether they arise from the negligence of the Indemnified Parties. The Applicant shall cooperate with the City in any such defense as the City may reasonably request and may not resolve such challenge without the agreement of the City. The Applicant agrees to hold harmless the Indemnified Parties from any and all claims, damages, losses, and expenses, including but not limited to attorney's fees, arising out of or resulting from the Project Approvals. This hold harmless obligation shall apply even if the claims, damages, losses, or expenses arise out of the negligence or fault of the Indemnified Parties. If Applicant fails to perform any of the obligations described in this paragraph, the City shall have the right, among other remedies, to revoke the Project Approvals without any liability to the Applicant. In order to ensure compliance with this condition, within twenty (20) days after notification by the City, the Applicant shall deposit with the City cash in the amount of ten thousand dollars ($10,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to the City of all costs related to any action triggering the obligations of this condition. If the City is required to draw on that cash or security to indemnify or reimburse itself for such costs, the Applicant shall restore the deposit to its original amount within thirty (30) calendar days after notice from the City. Additionally, if at any time the City Attorney determines that an additional deposit is necessary to secure the obligations of this section, the Applicant shall provide such additional security within thirty (30) calendar days of notice from the City Attorney. City shall promptly notify the Applicant of any legal challenge, claim, administrative proceeding or litigation to which the above obligations apply and the Applicant shall cooperate fully with the City in the defense.

3. The Applicant shall ensure that development shall occur substantially as shown on the Tentative Parcel Map No. 38741 (Case File No. 23-05-46).

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

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Resolution No. 10423, Conditional Approval of Tentative Parcel Map No. 3... Page 545 of 793

5. The Applicant shall, within thirty (30) calendar days after the City Council adopts the Resolution approving Tentative Parcel Map No. 38741 (Case File No. 23-05-46), submit to the Community Development Director written consent to all of the conditions of approval contained in the Resolution.

Tentative Parcel Map No. 38741 (Case File No. 23-05-46) shall be void and of no force or effect unless such written consent is submitted to the City within the 30-calendar day period.

6. On-site and Off-site water improvement plans are required.

7. Each building unit will require its own domestic water meter with back flow assembly.

8. IWA requires a separate water meter with back flow assembly for landscape irrigation.

9. All new meter boxes shall be polymer with a 2” radio read port per IWA standards.

10.The applicant shall coordinate fire service with Indio Fire Department.

11.Provide hydraulic calculation to meet domestic demands and Fire Department fire flow requirements for Indio Water Authority.

12.IWA requires an Advanced Meter Infrastructure (AMI) pole for this development.

13.The applicant shall complete the Landscape Documentation Package in accordance with
https://www.indio.org/home/showpublisheddocument/1616/6378779769486 00000

14.Developer shall pay all applicable fees; submit forms and agreements per IWA development procedural guidelines for final plan approval.

15.The Owner/Developer’s engineer shall meet with Valley Sanitary District (VSD) staff to discuss proposed sewer main connections and requirements prior to design.

16.The Applicant/Developer shall provide documentation to VSD to demonstrate how Parcel 2 will be provided with sewer service. Parcel 2 will require a separate lateral and connection.

17.VSD will only issue a sewer construction permit after plan approval, the payment of all sewer related fees and submittal of required documents that will be provided to the Owner/Developer at the time of approval.

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Resolution No. 10423, Conditional Approval of Tentative Parcel Map No. 3... Page 546 of 793

18.The sewer main lateral and connection to VSD’s sewer main are normally considered private and owned by the Owner(s) of the property. The Oner(s) are responsible for the maintenance are repair of this sewer main lateral.

B. Prior to Final Map Approval
Prior to final map approval, the Applicant shall demonstrate full compliance with the following conditions of approval:

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

2. Tentative Parcel Map shall be submitted along with the following items:
a. Title Report

3. Applicant shall submit for City approval the following items:
a. Final Parcel map
b. Title report (updated within at least 60 days)
c. Final map closure calculations
d. AutoCAD & GIS Shapefile for Final Parcel Map
e. All back-up information for map references (easement documents, maps, etc.)
SECTION 5.The City Clerk Administrator shall certify the adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 7th day of February 2024. _________________

LUPE RAMOS-AMITH
MAYOR
ATTEST:
________________________________

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

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Resolution No. 10423, Conditional Approval of Tentative Parcel Map No. 3... Page 547 of 793

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Resolution No. 10423, Conditional Approval of Tentative Parcel Map No. 3...Page 548 of 793 LICENSED LAND SURVEYORSTATE OF CALIFORNIANo. 8232EXP. 12/31/23MAGANAARMANDO M.

LICENSED LAND SURVEYORSTATE OF CALIFORNIANo. 6972EXP. 9/30/23OWSLEYNOEL

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Resolution No. 10423, Conditional Approval of Tentative Parcel Map No. 3...Page 549 of 793

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Resolution No. 10423, Conditional Approval of Tentative Parcel Map No. 3...Page 550 of 793 Environment Setting

3.38 acres is proposed to be subdivided into 2 lots. Located to the southeast of Shields Road and Highway 111. There is an existing medical building with a parking lot on Parcel 1. Parcel 2 is vacant.

Categorical Exemption Class 15 (Minor Land Division) [Section 15315] consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent.

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Resolution No. 10423, Conditional Approval of Tentative Parcel Map No. 3... Page 551 of 793 City of Indio
City Council
February 7, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Second Reading of Ordinance No. 1805: Establishment of Pre-Zoning Map Zoning a (SN-4) via Suburban of designation Neighborhood-4 Amendment for a territory of land identified as Southeastern Sphere I comprised of approximately 36 acres located at the southeast corner of Avenue 50 and Jackson Street

RECOMMENDATION:

Approve Second Reading of Ordinance No. 1805: Establishment of Pre-Zoning designation of Suburban Neighborhood-4 (SN-4) via a Zoning Map Amendment for a territory of land identified as Southeastern Sphere I comprised of approximately 36 acres located at the southeast corner of Avenue 50 and Jackson Street

SUMMARY:

Establishment of Pre-Zoning designation of Suburban Neighborhood-4 (SN-4) via a Zoning Map Amendment for a territory of land identified as Southeastern Sphere I comprised of approximately 36 acres located at the southeast corner of Avenue 50 and Jackson Street

BACKGROUND INFORMATION:

Overview:

to Formation Agency Local direction legislative provides Act Cortese-Knox-Hertzberg The Commissions in the areas of planning and regulation. Local Agency Formation Commissions conduct planning by adopting and revising spheres of influences that show the future boundaries and service areas of cities and special districts. Local Agency Formation Commissions regulate by reviewing and acting on proposals to change boundaries.

There is a geographic area of approximately thirty-six (36) acres hereafter known asSoutheastern Sphere I located south of Avenue 50, a public right-of-way and east of Jackson Street, a public right- of-way in unincorporated Riverside County. Southeastern Sphere I is comprised of the following Assessor’s 779250019, 779250020, 779250013, 779250022, 779250003, Numbers: Parcel 779250007, 779250002, 779250004, 779250008, 779250009, 779250016, 779250017, 779250012, 779250006, 779250010, 779250018, 779250023, 779250011, 779250014 and 779250015.

Southeastern Sphere I is currently located within the Sphere of Influence for the City of Coachella as specified in that City’s adopted General Plan. Southeastern Sphere I is located adjacent to City of Indio owned and operated public street rights-of-way. Southeastern Sphere I is at the southeast AGENDA ITEM #12.2
Second Reading of Ordinance No. 1805 : Establishment of Pre-Zoning desig... Page 552 of 793 corner of the Avenue 50 and Jackson Street intersection with said intersection managed by the City of Indio. Southeastern Sphere I is located south, west and southeast of properties around the Avenue 50 and Jackson Street intersection that are currently within the municipal limits of the City of Indio.

The City of Indio operates public safety facilities approximately 2 miles north of Southeastern Sphere I and is a party to the mutual aid agreement between Riverside County and certain cities and provides as requested public safety services to Southeastern Sphere I. The Indio Water Authority has an existing eighteen (18) inch water line within the physical boundaries of Jackson Street between Avenue 50 and Avenue 52.

The City of Indio Community Development Department initiated legislative processes inclusive of General Plan Text and Map Amendments and Zoning Map Amendment (i.e. Pre-Zoning) for the change of organization incorporating Southeastern Sphere I into the City’s Sphere of Influence as specified on the City of Indio General Plan Land Use Map, the pre-zoning or zoning map amendment specifying the intended zoning for the properties included within Southeastern Sphere I, the addition of specific text addressing Southeastern Sphere I, the amendment to Policy LU-1.1 addressing Southeastern Sphere I and the addition of Policy LU 8.5 to express the policy intent to support active and passive recreational and event opportunities in certain areas of the City through the creation and implementation of community-based and supported zoning, and other regulatory standards. The proposed zoning map amendment to establish pre-zoning for the aforementioned parcels of land to Suburban Neighborhood-4 (SN-4) would be consistent with and implement the concurrent application of the General Plan map amendment to establish the General Plan land use designation for these parcels to Suburban Neighborhood Low (SNL).

Amendments to the text and/or map of the General Plan and the Zoning Map are processed and considered in accordance with Section 6.06.01. Amendments to the General Plan, Development Code, Plan for (Criteria 6.06.01.H Section General more and Map Zoning and specifically Amendments), Section 6.06.01.I (Criteria for Zoning Amendments) and Section 6.06.02 (Pre- Zoning) of the City of Indio Unified Development Code. The City of Indio conducted Senate Bill (SB) 18 notification in accordance with applicable provisions of California Government Code §65352.3 and §65352.4. The City of Indio, as Lead Agency, completed an Addendum to the certified City of Indio General Plan Update (GPU) Environmental Impact Report (EIR) (SCH #2015081021) has been analyze to 15164(a) Section to CEQA pursuant prepared the Guidelines potential environmental impacts associated with the proposed change in organization to the City of Indio’s Sphere of Influence for the inclusion of Southeastern Sphere I.

The proposed zoning map amendment to establish pre-zoning for the affected parcels of land to Suburban Neighborhood-4 (SN-4) would be consistent with and implement the concurrent application of the General Plan map amendment to establish the General Plan land use designation for these parcels to Suburban Neighborhood Low (SNL).

A notice of a public hearing for the Planning Commission’s consideration of the requested text amendments was published in the December 22, 2023 edition of the Desert Sun, the City’s newspaper of record, and a public hearing notice was mailed to a certified list of property owners within 500 feet of the project area inclusive of properties within the project area on December 27, 2023. City representatives also held a meeting with interested property owners/residents in November 2023.

On January 10, 2024, the Planning Commission held a duly noticed public hearing to consider and make a recommendation to the City Council for the requested Pre-Zoning/Zoning Map Amendment

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Second Reading of Ordinance No. 1805 : Establishment of Pre-Zoning desig... Page 553 of 793 during which evidence, both written and oral, including the staff report and supporting documents, was presented at said hearing. At the conclusion of the public hearing and following discussion, the Planning Commission approved Resolution No. 2083 recommending to the City Council the approval of Pre-Zoning/Zoning Map Amendment for the heretofore referenced parcels of land included within Southeastern Sphere I change of organization.

Anotice of a public hearing for the City Council’s consideration of the requested text amendments was published in the December 22, 2023 edition of the Desert Sun, the City’s newspaper of record, and a public hearing notice was mailed to a certified list of property owners within 500 feet of the project area inclusive of properties within the project area on December 27, 2023.

A secondary notice of a public hearing for the City Council’s consideration of the requested text amendments was published in the January 24, 2024 edition of the Desert Sun, the City’s newspaper of record, and a public hearing notice was mailed to a certified list of property owners within 500 feet of the project area inclusive of properties within the project area on January 23, 2024.

Environmental Findings:

The Community Development Director determined that environmental compliance has been achieved based on the analysis contained in e aforementioned Addendum to the certified City of Indio General Plan Update (GPU) Environmental Impact Report (EIR) (SCH #2015081021) of the proposed expansion of the City’s Sphere of Influence inclusive of the aforementioned pre-zoning and zoning map amendment and heretofore further finds that the Project will not result in any new significant or substantial increase in severity of the significant impacts identified in the certified City of Indio General Plan Update EIR. Additionally, the Community Development Director found that no new information of substantial importance has been identified that indicates the proposed expansion of the City’s Sphere of Influence would result in any new significant impacts nor any substantial increase in the severity of the significant impacts identified in the Final Environmental Impact Report (FEIR) which was certified by the City of Indio City Council in September 2019.

Unified Development Code Findings:

Section 6.06.01.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;

The proposed amendment to the Zoning Map is for the pre-zoning of all the properties comprising Southeastern Sphere I to Suburban Neighborhood-4 (SN-4) as specified in the City of Indio Unified Development Code. This action is required by the Riverside Local Agency Formation Commission. It accompanies concurrent amendments to the General Plan and is intended to reflect and implement the intended General Plan land use designation of Suburban Neighborhood Low (SNL). The General Plan land use designation and Zoning Map designation will support the future development of the affected properties with lower density and intensity single-family development that is consistent with the current and future land use designations and patterns of properties to the north, northwest and west that are within the City of Indio.

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Second Reading of Ordinance No. 1805 : Establishment of Pre-Zoning desig... Page 554 of 793

2. The proposed amendment is internally consistent with other applicable provisions of the Code;

The proposed amendment to the Zoning Map is for the pre-zoning of all the properties comprising Southeastern Sphere I to Suburban Neighborhood-4 (SN-4) as specified in the City of Indio Unified Development Code. This action is required by the Riverside Local Agency Formation Commission. It accompanies concurrent amendments to the General Plan and is intended to reflect and implement the intended General Plan land use designation of Suburban Neighborhood Low (SNL). There are no text amendments to the City’s adopted zoning regulations associated with the Zoning Map amendment request and the properties would not be immediately subject to the application of the SN-4 zoning regulations because the affected properties would remain under the regulatory authority of Riverside County until such time that an annexation effort for these properties was successfully completed.

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;

Table 3-1 (Existing Land Uses) of the General Plan 2040 specifies that there are that City the uses land within single-family of acres 3,913 approximately residential represents 10 percent of the City’s planning area and 21 percent of the City’s developed area. The proposed addition of approximately 36 acres of SNL designated land will not substantively change the percentage of land within the planning and developed areas. The Suburban low-intensity Neighborhood Low (SNL) designation provides suburban neighborhood development for single-family detached homes on relatively large lots.

The inclusion of the Southeastern Sphere I properties within the City’s Sphere of Influence is in compliance Policy LU-1.3 (Contiguous development) of the General Plan 2040. This Policy guides that when development occurs outside the Downtown, Midtown, and existing central neighborhoods, locate new development adjacent to Indio’s built environment to create a contiguous expansion of the City. The Southeastern Sphere I properties are located at the southeast corner of

The inclusion of the Southeastern Sphere I properties within the City’s Sphere of Influence is in compliance with Policy LU-2.2 (Balanced land uses) of the General Plan 2040. This Policy seeks to maintain a balanced land use pattern to support a broad range of housing choices, retail businesses, employment opportunities, educational and cultural institutions, Indio long-established within and uses spaces, other and entertainment supportive neighborhoods and new growth areas. The inclusion of Southeastern Sphere I within the City’s Sphere of Influence will create a limited expansion of the City’s overall Spheres of Influence. The inclusion in turn could lead to future annexation that would create the opportunity for low density and lower intensity single-family development if property owners choose to pursue development. Southeastern Sphere I is located south, southeast and west of existing single-family residential developments within the City limits. Future development of Southeastern Sphere I would be consistent and compatible with density and intensity of the surrounding land uses.

The inclusion of the Southeastern Sphere I properties within the City’s Sphere of Influence is in compliance with Policy LU-7.2 (Balanced neighborhoods) of the General Plan 2040.This Policy guides that within the allowed densities and housing types, there should be the promotion and allowance for a range of housing and price levels within each neighborhood in order to accommodate diverse ages and incomes. The establishment of the Suburban

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Second Reading of Ordinance No. 1805 : Establishment of Pre-Zoning desig... Page 555 of 793 Neighborhood Low (SNL) land use designation and accompanying Suburban Neighborhood- 4 new development the for opportunities of will designation zoning (SN-4) create neighborhoods or the expansion of existing neighborhoods with different ranges of housing types and pricing that will support diverse ages and incomes. More specifically, the total gross number of units that could be built at the proposed density would be 144 gross units that would equate to four (4) dwelling units per acre.

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

Southeastern Sphere I is located at the southeast corner of Avenue 50 and Jackson Street and is bounded on three sides (north, northwest and west) by properties and public rights-of- way Indio proposed The limits. municipal of are existing the within located that City amendments to the General Plan inclusive of the incorporation of Southeastern Sphere I into the City’s Sphere of Influence, a new policy text amendment, a map amendment to establish the General Plan land use designation for the Southeastern Sphere I affected properties and a zoning map amendment to pre-zone the Southeastern Sphere I affected properties would not be detrimental to the public interest, health, safety and general welfare. The inclusion of the properties comprising Southeastern Sphere I will promote a limited but contiguous expansion of the City’s current Sphere of Influence in an area immediately adjacent to existing city limits. The inclusion of Southeastern Sphere I will if ultimately annexed into the City promote a harmonious and consistent land use pattern with adjacent properties in the City as well as adjacent properties to the east, south and southeast of this Sphere. The application of a General Plan Land Use Map land use designation of Suburban Neighborhood Low (SNL) will establish the policy framework for the orderly growth and development of Southeastern properties the implement will affected the of pre-zoning The I. Sphere aforementioned land use designation and apply the appropriate land use regulations to implement balanced land use patterns that are consistent and compatible with surrounding properties. The proposed text amendment will create a policy framework for the future development of zoning regulations that would support active and passive recreational and event opportunities in certain areas of the City including Southern Sphere I that will balance and mitigate impacts to surrounding properties and neighborhoods.

5. The proposed amendment is in compliance with the provisions of the CEQA.

Environmental contained analysis the on in the achieved been has compliance based (GPU) Update Plan General Indio of City the to Addendum aforementioned certified Environmental Impact Report (EIR) (SCH #2015081021) of the proposed expansion of the City’s Sphere of Influence and heretofore further finds that the Project will not result in any new significant or substantial increase in severity of the significant impacts identified in the certified City of Indio General Plan Update EIR. Additionally, the City Council finds no new information of substantial importance has been identified that indicates the proposed expansion of the City’s Sphere of Influence would result in any new significant impacts nor any substantial increase in the severity of the significant impacts identified in the Final Environmental Impact Report (FEIR) which was certified by the City of Indio City Council in September 2019.

ATTACHMENTS:

Attachment 1 - Ordinance No. 1805_Southern Sphere I + Exhibits Attachment2_City of Indio SOI_GP EIR Addendum

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Second Reading of Ordinance No. 1805 : Establishment of Pre-Zoning desig... Page 556 of 793 1 ORDINANCE NO. 1805

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO ,

CALIFORNIA, APPROVING THE PRE -ZONING VIA AN AMENDMENT

TO THE CITY OF INDIO OFFICIAL ZONING MAP EFFECTIVE OCTOBER 22, 2022 PERTAINING TO THE CHANGE IN ORGANIZATION FOR A

TERRITORY OF LAND HEREAFTER REFERRED TO AS
SOUTHEASTERN SPHERE I COMPRISED OF APPROXIMATELY 36
ACRES LOCATED AT THE SOUTHEAST CORNER OF AVENUE 50 AND

JACKSON STREET AND APPLYING A ZONING MAP DESIGNATION OF SUBURBAN NEIGHBORHOOD- 4 (SN -4) TO ASSESSOR’S PARCEL
NUMBERS 779250003, 779250022, 779250013, 779250020, 779250019, 779250007, 779250002, 779250004, 779250008, 779250009, 779250016, 779250017, 779250012, 779250006, 779250010, 779250018, 779250023, 779250011, 779250014 AND 779250015

WHEREAS, the Cortese-Knox-Hertzberg Act provides legislative direction to Local Agency Formation Commissions in the areas of planning and regulation; and,

WHEREAS, Local Agency Formation Commissions conduct planning by adopting and revising spheres of influences that show the future boundaries and service areas of cities and special districts; and,

WHEREAS, Local Agency Formation Commissions regulate by reviewing and acting on proposals to change boundaries; and,

WHEREAS, there is a geographic area of approximately thirty -six (36) acres hereafter known as Southeastern Sphere I located south of Avenue 50, a public right-of- way and east of Jackson Street, a public right-of-way in unincorporated Riverside County; and,

WHEREAS, Southeastern Sphere I is comprised of the following Assessor’s Parcel Numbers: 779250003, 779250022, 779250013, 779250020, 779250019, 779250007, 779250002, 779250004, 779250008, 779250009, 779250016, 779250017, 779250012, 779250006, 779250010, 779250018, 779250023, 77 9250011, 779250014 and 779250015; and,

WHEREAS, Southeastern Sphere I is currently located within the Sphere of Influence for the City of Coachella as specified in that City’s adopted General Plan; and,

WHEREAS, Southeastern Sphere I is located adjacent to City of Indio owned and operated public street rights-of-way; and,

WHEREAS, Southeastern Sphere I is at the southeast corner of the Avenue 50 and Jackson Street intersection with said intersection managed by the City of Indio; and,

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Second Reading of Ordinance No. 1805 : Establishment of Pre-Zoning desig... Page 557 of 793 2 WHEREAS, Southeastern Sphere I is located south, west and southeast of properties around the Avenue 50 and Jackson Street intersection that are currently within the municipal limits of the City of Indio; and,

WHEREAS, the City of Indio operates public safety facilities approximately 2 miles north of Southeastern Sphere I and is a party to the mutual aid agreement between Riverside County and certain cities and provides as requested public safety services to Southeastern Sphere I; and,

WHEREAS, the Indio Watet Authority has an existing eighteen (18) inch water line within the physical boundaries of Jackson Street between Avenue 50 and Avenue 52; and,

WHEREAS, the City of Indio Community Development Department initiated legislative processes inclusive of General Plan Text and Map Amendments and Zoning Map Amendment (i.e. Pre- Zoning) for t he change of organization incorporating Southeastern Sphere I into the City’s Sphere of Influence as specified on the City of Indio General Plan Land Use Map, the pre- zoning or zoning map amendment specifying the intended zoning for the properties included within Southeastern Sphere I, the addition of specific text addressing Southeastern Sphere I , the amendment to Policy LU -1.1 addressing Southeastern Sphere I and the addition of Policy LU 8.5 to express the policy intent to support active and passive recreational and event opportunities in certain areas of the City through the creation and implementation of community -based and supported zoning, and other regulatory standards; and,

WHEREAS, the proposed zoning map amendment to establish pre-zoning for the aforementioned parcels of land to Suburban Neighborhood-4 (SN-4) would be consistent with and implement the concurrent application of the General Plan map amendment to establish the General Plan land use designation for these parcels to Suburban Neighborhood Low (SNL); and,

WHEREAS, amendments to the text and/or map of the General Plan and the Zoning Map are processed and considered in accordance with Section 6.06.01.

Amendments to the General Plan, Development Code, and Zoning Map and more specifically Section 6.06.01.H (Criteria for General Plan Amendments), Section 6.06.01.I (Criteria for Zoning Amendments) and Section 6.06.02 (Pre- Zoning) of the City of Indio Unified Development Code; and,

WHEREAS, the City of Indio conducted Senate Bill (SB) 18 notification in accordance with applicable provisions of California Government Code §65352.3 and §65352.4; and,

WHEREAS, the City of Indio, as Lead Agency, completed an Addendum to the certified City of Indio General Plan Update (GPU) Environmental Impact Report (EIR) (SCH #2015081021) has been prepared pursuant to CEQA Guidelines Section 15164(a) to analyze the potential environmental impacts associated with the proposed change in

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Second Reading of Ordinance No. 1805 : Establishment of Pre-Zoning desig... Page 558 of 793 3 organization to the City of Indio’s Sphere of Influence for the inclusion of Southeastern Sphere I; and,

WHEREAS, a notice of a public hearing for the Planning Commission’s consideration of the requested text amendments was published in the December 22, 2023 edition of the Desert Sun, the City’s newspaper of record, and a public hearing notice was mailed to a certified list of property owners within 500 feet of the project area inclusive of properties within the project area on December 27, 2023; and,

WHEREAS, City representatives also held a meeting with interested property owners/residents in November 2023; and,

WHEREAS, on January 10, 2024, the Planning Commission held a duly noticed public hearing to consider and make a recommendation to the City Council for the requested text and map amendments to the City of Indio General Plan and Zoning Map during which evidence, both written and oral, including the staff report and supporting documents, was presented at said hearing; and,

WHEREAS, at the conclusion of the public hearing and following discussion, the Planning Commission approved Resolution No. 2083 recommending to the City Council the approval of Pre-Zoning/Zoning Map Amendment for the heretofore referenced parcels of land included within Southeastern Sphere I change of organization; and,

WHEREAS, a notice of a public hearing for the City Council’s consideration of the requested text amendments was published in the December 22, 2023 edition of the Desert Sun, the City’s newspaper of record, and a public hearing notice was mailed to a certified list of property owners within 500 feet of the project area inclusive of properties within the project area on December 27, 2023; and,

WHEREAS, a notice of a public hearing for the City Council’s consideration of the requested text amendments was published in the January 24, 2024 edition of the Desert Sun, the City’s newspaper of record, and a public hearing notice was mailed to a certified list of property owners within 500 feet of the project area inclusive of properties within the project area on January 23, 2024; and,

WHEREAS, following the conclusion of the public hearing and discussion, the City Council approved this Ordinance establishing the pre- zoning via a zoning map amendment for the aforementioned parcels of land within Southeastern Sphere I with the motion vote outcome specified in the meeting minutes for the January 17, 2024 and February 7, 2024 City Council meetings.

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

Section 1. Incorporation of Recitals. The City Council hereby specifically finds that all of the facts set forth in the recitals of this Resolution are true and correct,

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Second Reading of Ordinance No. 1805 : Establishment of Pre-Zoning desig... Page 559 of 793 4 and are incorporated into the following findings by reference, and constitute a material part of this Resolution.

Section 2. Environmental Findings . The City Council has independently reviewed the administrative record for the Project including all oral and written comments received during the public hearing, the staff report, and all attachments thereto, which are all incorporated herein by reference and are on file with the Community Development Department for the City of Indio, and the City Council finds that environmental compliance has been achieved based on the analysis contained in the aforementioned Addendum to the certified City of Indio General Plan Update (GPU) Environmental Impact Report (EIR) (SCH #2015081021) of the proposed expansion of the City’s Sphere of Influence inclusive of the aforementioned pre- zoning and zoning map amendment and heretofore further finds that the Project will not result in any new significant or substantial increase in severity of the significant impacts identified in the certified City of Indio General Plan Update EIR.

Additionally, the City Council finds no new information of substantial importance has been identified that indicates the proposed expansion of the City’s Sphere of Influence would result in any new significant impacts nor any substantial increase in the severity of the significant impacts identified in the Final Environmental Impact Report (FEIR) which was certified by the City of Indio City Council in September 2019.

Section 3. Unified Development Code Findings . Based upon the evidence presented at the hearing, including the staff report and written and verbal testimony, which are all incorporated herein by reference, the City Council hereby finds that:

Section 6.06.01.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;

The proposed amendment to the Zoning Map is for the pre- zoning of all the properties comprising Southeastern Sphere I to Suburban Neighborhood- 4 (SN-4) as specified in the City of Indio Unified Development Code. This action is required by the Riverside Local Agency Formation Commission. It accompanies concurrent amendments to the General Plan and is intended to reflect and implement the intended General Plan land use designation of Suburban Neighborhood Low (SNL). The General Plan land use designation and Z oning Map designation will support the future development of the affected properties with lower density and intensity single- family development that is consistent with the current and future land use designations and patterns of properties to the north, northwest and west that are within the City of Indio.

2. The proposed amendment is internally consistent with other applicable provisions of the Code;

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Second Reading of Ordinance No. 1805 : Establishment of Pre-Zoning desig... Page 560 of 793 5 The proposed amendment to the Zoning Map is for the pre- zoning of all the properties comprising Southeastern Sphere I to Suburban Neighborhood- 4 (SN-4) as specified in the City of Indio Unified Development Code. This action is required by the Riverside Local Agency Formation Commission. It accompanies concurrent amendments to the General Plan and is intended to reflect and implement the intended General Plan land use designation of Suburban Neighborhood Low (SNL). There are no text amendments to the City’s adopted zoning regulations associated with the Zoning Map amendment request and the properties would not be immediately subject to the application of the SN-4 zoning regulations because the affected properties would remain under the regulatory authority of Riverside County until such time that an annexation effort for these properties was successfully completed.

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;

Table 3- 1 (Existing Land Uses) of the General Plan 2040 specifies that there are approximately 3,913 acres of single- family residential land uses within the City that represents 10 percent of the City’s planning area and 21 percent of the City’s developed area. The proposed addition of approximately 36 acres of SNL designated land will not substantively change the percentage of land within the planning and developed areas.

The Suburban Neighborhood Low (SNL) designation provides low -intensity suburban neighborhood development for single-family detached homes on relatively large lots.

The inclusion of the Southeastern Sphere I properties within the City’s Sphere of Influence is in compliance Policy LU-1.3 (Contiguous development) of the General Plan 2040. This Policy guides that when development occurs outside the Downtown, Midtown, and existing central neighborhoods, locate new development adjacent to Indio’s built environment to create a co ntiguous expansion of the City. The Southeastern Sphere I properties are located at the southeast corner of

The inclusion of the Southeastern Sphere I properties within the City’s Sphere of Influence is in compliance with Policy LU-2.2 (Balanced land uses) of the General Plan 2040. This Policy seeks to maintain a balanced land use pattern to support a broad range of housing choices, retail businesses, employment opportunities, educational and cultural institutions, entertainment spaces, and other supportive uses and within long-established Indio neighborhoods and new growth areas. The inclusion of Southeastern Sphere I within the City’s Sphere of Influence will create a limited expansion of the City’s overall Spheres of Influence. The inclusion in turn could lead to future annexation that would create the opportunity for low density and lower intensity single- family development if property owners choose to pursue development. Southeastern Sphere I is located south, southeast and west of existing single- family residential developments within the City limits. Future development of Southeastern Sphere I would be consistent and compatible with density and intensity of the surrounding land uses.

The inclusion of the Southeastern Sphere I properties within the City’s Sphere of Influence is in compliance with Policy LU-7.2 (Balanced neighborhoods) of the General Plan 2040.

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Second Reading of Ordinance No. 1805 : Establishment of Pre-Zoning desig... Page 561 of 793 6 This Policy guides that within the allowed densities and housing types, there should be the promotion and allowance for a range of housing and price levels within each neighborhood in order to accommodate diverse ages and incomes. The establishment of the Suburban Neighborhood Low (SNL) land use designation and accompanying Suburban Neighborhood- 4 (SN -4) zoning designation will create opportunities for the development of new neighborhoods or the expansion of existing neighborhoods with different ranges of housing types and pricing that will support diverse ages and incomes.

More specifically, the total gross number of units that could be built at the proposed density would be 144 gross units that would equate to four (4) dwelling units per acre.

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

Southeastern Sphere I is located at the southeast corner of Avenue 50 and Jackson Street and is bounded on three sides (north, northwest and west) by properties and public rights-of-way that are located within the existing City of Indio municipal limits. T he proposed amendments to the General Plan inclusive of the incorporation of Southeastern Sphere I into the City’s Sphere of Influence, a new policy text amendment, a map amendment to establish the General Plan land use designation for the Southeastern Sphere I affected properties and a zoning map amendment to pre-zone the Southeastern Sphere I affected properties would not be detrimental to the public interest, health, safety and general welfare. The inclusion of the properties comprising Southeastern Sphere I will promote a limited but contiguous expansion of the City’s current Sphere of Influence in an area immediately adjacent to existing city limits. The inclusion of Southeastern Sphere I will if ultimately annexed into the City promote a harmonious and consistent land use pattern with adjacent properties in the City as well as adjacent properties to the east, south and southeast of this Sphere. The application of a General Plan Land Use Map land use designation of Suburban Neighborhood Low (SNL) will es tablish the policy framework for the orderly growth and development of Southeastern Sphere I. The pre- zoning of the affected properties will implement the aforementioned land use designation and apply the appropriate land use regulations to implement balanced land use patterns that are consistent and compatible with surrounding properties. The proposed text amendment will create a policy framework for the future development of zoning regulations that would support active and passive recreational and event opportunities in certain areas of the City including Southern Sphere I that will balance and mitigate impacts to surrounding properties and neighborhoods.

5. The proposed amendment is in compliance with the provisions of the CEQA.

Environmental compliance has been achieved based on the analysis contained in the aforementioned Addendum to the certified City of Indio General Plan Update (GPU) Environmental Impact Report (EIR) (SCH #2015081021) of the proposed expansion of the City’s Sphere of Influence and heretofore further finds that the Project will not result in any new significant or substantial increase in severity of the significant impacts identified in the certified City of Indio General Plan Update EIR. Additionally, the City Council finds no new information of substantial importance has been identified that

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Second Reading of Ordinance No. 1805 : Establishment of Pre-Zoning desig... Page 562 of 793 7 indicates the proposed expansion of the City’s Sphere of Influence would result in any new significant impacts nor any substantial increase in the severity of the significant impacts identified in the Final Environmental Impact Report (FEIR) which was certified by the City of Indio City Council in September 2019.

Section 4. Council Approval of Pre -Zoning/Zoning Map Amendment . The City Council hereby approves the Pre -Zoning via a Zoning Map Amendment for Assessor’s Parcel Numbers 779250003, 779250022, 779250013, 779250020, 779250019, 779250007, 779250002, 779250004, 779250008, 779250009, 779250016, 779250017, 779250012, 779250006, 779250010, 779250018, 779250023, 779250011, 779250014 and 779250015 as specified in Exhibit “A” to Suburban Neighborhood-4 (SN- 4) as specified in Exhibit “B” pursuant to the provisions, regulations and standards, as amended, of the City of Indio Unified Development Code.

Section 5. Severability. If any section, subsection, sentence, clause, phrase or word (“Part”) of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legis lation shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have passed this Ordinance, and each and every Part not declared invalid or unconstitutional, without regard to or reliance upon the passage of any such Part deemed invalid or unconstitutional.

Section 6. Certification. The City Clerk Administrator shall certify the adoption of this Ordinance and shall cause the same to be published or posted in the manner prescribed by law.

PASSED, APPROVED, and ADOPTED this 7
th day of February 2024.

LUPE RAMOS AMITH
MAYOR

ATTEST:

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

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Second Reading of Ordinance No. 1805 : Establishment of Pre-Zoning desig... Page 563 of 793 DRAFT
City of Indio General Plan EIR Addendum
Sphere of Influence
Extension Project
JANUARY 2024
Prepared for:

CITY OF INDIO
100 Civic Center Mall
Indio, California 92201
Contact: Kevin Snyder
Prepared by:
605 Third Street
Encinitas, California 92024
Contact: Chelsea Ohanesian

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Second Reading of Ordinance No. 1805 : Establishment of Pre-Zoning desig... Page 564 of 793 Printed on 30% post-consumer recycled material.

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Second Reading of Ordinance No. 1805 : Establishment of Pre-Zoning desig... Page 565 of 793

15378 i
JANUARY 2024
Table of Contents

SECTION PAGE
Acronyms and Abbreviations ............................................................................................................................................ iii 1 Introduction .......................................................................................................................................................... 1

1.1 Purpose of an Addendum ...................................................................................................................... 1 2 Project Description ............................................................................................................................................... 3

2.1 Project Location ...................................................................................................................................... 3

2.2 Environmental Setting ............................................................................................................................ 3

2.3 Project Characteristics ........................................................................................................................... 7

2.3.1 General Plan Amendment and Rezone ................................................................................... 7

2.3.2 Future Annexation .................................................................................................................. 10

2.3.3 Summary of General Plan Amendment Text and Map Edits ............................................... 10

2.3.4 Utility and Public Service System Providers ......................................................................... 10

2.4 Future Annexation ............................................................................................................................... 13

2.5 Project Approvals ................................................................................................................................. 13 3 Initial Study Checklist........................................................................................................................................ 15

3.1 Aesthetics ............................................................................................................................................ 28

3.2 Agriculture and Forestry Resources ................................................................................................... 31

3.3 Air Quality ............................................................................................................................................. 34

3.4 Biological Resources ........................................................................................................................... 38

3.5 Cultural Resources and Tribal Cultural Resources ............................................................................ 42

3.6 Energy .................................................................................................................................................. 45

3.7 Geology and Soils ................................................................................................................................ 46

3.8 Greenhouse Gas Emissions ................................................................................................................ 51

3.9 Hazards and Hazardous Materials ..................................................................................................... 52

3.10 Hydrology and Water Quality ............................................................................................................... 59

3.11 Land Use and Planning ....................................................................................................................... 63

3.12 Mineral Resources .............................................................................................................................. 65

3.13 Noise .................................................................................................................................................... 66

3.14 Population and Housing ...................................................................................................................... 69

3.15 Public Services .................................................................................................................................... 71

3.16 Transportation ..................................................................................................................................... 74

3.17 Utilities and Service Systems .............................................................................................................. 79

3.18 Mandatory Findings of Significance ................................................................................................... 83

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Indio City CouncilFebruary 7, 2024

Indio City Council
February 7, 2024