Ordinance No. 1815 , an extension of Urgency Ordinance No. 1813 adopting... Page 1664 of 1671 standards for the Subject Facilities. The interim prohibition adopted by the City Council on June 19, 2024, will expire 45 days therefrom. Since it is infeasible for the studies and decisions to take place prior to the expiration, it is recommended that the City Council extend the Underlying Ordinance for an additional 22 months and 15 days. Consistent with California Government Code Section 65858(c), the City Council finds that there is a current and immediate threat to the public health, safety, or welfare, and the approval of additional permits or entitlements for commercial those uses mentioned in the Underlying Ordinance would increase that threat to public health, safety, or welfare.
ATTACHMENTS:
Attachment1_OrdinanceNo1815-ExtensionUrgencyOrdinanceNo1813 APPROVAL(S):
Steven Graham Pacifico, City Attorney Pending
Jennifer A. Mizrahi, Assistant City Attorney Pending
Ordinance No. 1815 , an extension of Urgency Ordinance No. 1813 adopting... Page 1665 of 1671 1 ORDINANCE NO. 1815
AN EXTENSION OF THE URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF INDIO ADOPTING A MORATORIUM ON THE ESTABLISHMENT OF
ANY NEW SUBSTANCE ABUSE TREATMENT FACILITY, AS DEFINED, OR ANY USE
OR ACTIVITY RELATED THERETO, WITH EXCEPTIONS AS NOTED, FOR
PROPERTIES LOCATED IN THE CITY IN ORDER TO STUDY WHERE SUCH
FACILITIES MAY BE PROPERLY LOCATED AND FINDING THE ADOPTION OF THIS
ORDINANCE EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO TITLE 14 CALIFORNIA CODE OF REGULATIONS SECTION 15061, SUBSECTION (B)(3), IN THAT THE PROPOSED
ORDINANCE INVOLVES A PROACTIVE MEASURE TO REGULATE SUBJECT
FACILITIES WITHIN THE CITY AND DOES NOT HAVE THE POTENTIAL TO
SIGNIFICANTLY IMPACT THE ENVIRONMENT
WHEREAS, pursuant to the City of Indio’s police power, the City Council of the City of Indio ("City Council") 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 local police power includes broad authority to determine, for purposes of public health, safety, and welfare, the appropriate uses of land within a local jurisdiction's borders; and
WHEREAS, California Government Code Section 65858 provides that, without following the procedures otherwise required prior to the adoption of a zoning ordinance and for the purpose of protecting the public safety, health and welfare, the City Council may adopt, as an urgency measure, an interim ordinance prohibiting any uses which may be in conflict with “a contemplated general plan, specific plan, or zoning proposal that the City Council, planning commission or the planning department is considering or studying or intends to study within a reasonable time; and
WHEREAS, the City Council adopted the underlying Urgency Ordinance Number 1813 on June 19, 2024, which ordinance is set to expire 45 days from June 19, 2024, on August 3, 2024; and
WHEREAS, on July 17, 2024, the City Council held a duly noticed public hearing on this current Ordinance which would extend the Underlying Ordinance 22 months and 15 days from July 17, 2024; and
WHEREAS, the City Council deems it necessary to extend the adopted ordinance by 22 months and 15 days; and
WHEREAS, Staff has received several zoning-related inquiries related to new substance abuse treatment facilities; and
WHEREAS, for this Ordinance, a substance abuse treatment facility is defined as
Ordinance No. 1815 , an extension of Urgency Ordinance No. 1813 adopting... Page 1666 of 1671 2 “A facility primarily dedicated to providing specialized treatment, counseling, and support services for individuals dealing with substance abuse or dependency, which facility offers a range of services specific to addiction recovery, including detoxification, inpatient and outpatient rehabilitation, individual and group therapy, and aftercare programs. Unlike hospitals, substance abuse treatment facilities focus primarily on addiction-related care and do not offer general medical services or emergency medical treatment for unrelated health conditions” and shall be referred to as (“Subject Facilities”); and WHEREAS, the City Council anticipates that some persons or businesses may be seeking to establish additional Subject Facilities within the City before a non-urgency ordinance would become effective; and
WHEREAS, the underlying specific plan or zoning district dictates whether such Subject Facilities are permitted, conditionally permitted, or prohibited; and WHEREAS, for example in the Mixed Used Corridor (MU-C), such Subject Facilities, possibly could be permitted as a matter of right, or conditionally permitted, requiring a discretionary land use entitlement; and
WHEREAS, at present such Subject Facilities could conceivably be located near sensitive uses, such as residential uses, religious facilities, or schools; and WHEREAS, the City Council recognizes the need for such Subject Facilities, and at the same time is concerned that any negative secondary effects (such as loitering, accumulation of trash, noise, and the like) may be incompatible with the public health and safety of Indio and the City Council believes that careful consideration and thorough study of potential regulations pertaining to the Subject Facilities is required; and WHEREAS, if the Subject Facilities were permitted to be established in the City without appropriate regulation and study, such uses might be established in areas that could conflict with the policies of the General Plan (which was made available for review by the City Council by the office of the City Clerk and a copy of which was made available for review), be inconsistent with surrounding uses, or be detrimental to the public health, safety and welfare; and if such uses were allowed to proceed as allowed under the current zoning, such uses could conflict with, and defeat the purpose of, the proposal to study and adopt new regulations regarding the Subject Facilities; and WHEREAS, the placement of such Subject Facilities needs to be studied pursuant to the land use and economic development vision, goals and policies of the City of Indio General Plan 2040 adopted on September 18, 2019;and
WHEREAS, to address community concerns regarding the potential proliferation of the Subject Facilities, it is necessary for the City Council to study the potential impacts such uses may have on the public health, safety and welfare; and WHEREAS, based on the foregoing and those matters determined at the meeting
Ordinance No. 1815 , an extension of Urgency Ordinance No. 1813 adopting... Page 1667 of 1671 3 at which this Ordinance is introduced and adopted, the City Council finds the use, construction, establishment and/or operation of the Subject Facilities would pose a current and immediate threat to the public health, safety or welfare, and that a temporary moratorium is thus necessary; and
WHEREAS, this Ordinance is an extension of the interim urgency ordinance adopted pursuant to the authority granted to the City by Government Code Section 65858 and is for the immediate preservation of the public health, safety and welfare. The City finds that the following facts constitute the urgency are:
1. That the local police power includes broad authority to determine, for purposes of public health, safety, and welfare, the appropriate uses of land within a local jurisdiction's borders.
2. That State law protects local licensing practices, zoning ordinances, and other local actions taken pursuant to the City’s constitutional police power.
3. That the City is concerned with potential public nuisances caused by the Subject Facilities.
4. That the City has received several recent inquiries of several potential Subject Facilities within the City.
5. That certain Subject Facilities could be located, and possibly permitted without mitigation conditions, near sensitive uses such as residential, religious facilities and schools.
6. That there may be secondary effects caused by the Subject Facilities, such as loitering, trash, and noise.
7. That the current market focus on the City for the Subject Facilities and the limited number of current facilities outside the City.
8. That the City Council anticipates that some may be seeking to establish additional Subject Facilities within the City before a non-urgency ordinance would become effective.
9. That if the Subject Facilities were permitted to be established within the City without appropriate regulation, such uses might be established in areas that could conflict with the policies of the General Plan (which was made available for review by the City Council by the office of the City Clerk) be inconsistent with surrounding uses, or be detrimental to the public health, safety and welfare; and if such uses were allowed to proceed as allowed under the current zoning, such uses could conflict with, and defeat the purpose of, the proposal to study and adopt new regulations regarding the Subject Facilities.
10. That the City needs to properly plan and develop the zoning, uses, regulations, and development standards that will affect the Subject Facilities within the City.
11. That the City Council desires to investigate and study the impacts of the Subject Facilities.
12. That absent the adoption of this Ordinance, the use, construction, establishment or operation of the Subject Facilities in the City may pose a serious threat to public health and safety, introducing incompatible land uses to existing neighborhoods or in close proximity thereto.
13. That absent the adoption of this Ordinance, the number and location of the
Ordinance No. 1815 , an extension of Urgency Ordinance No. 1813 adopting... Page 1668 of 1671 4 Subject Facilities may increase the burden upon City services; and WHEREAS, as a result, it is necessary to extend the underlying Ordinance Number 1813; and
WHEREAS, in addition, it is necessary to prohibit, as a public nuisance, the use of any structure for use of the Subject Facilities for the duration of this Ordinance, or any extension thereof; and
WHEREAS, a notice of public hearing was published in the ______ edition of the Desert Sun, the newspaper of record; and,
WHEREAS, the City Council determines, by at least a four-fifths (4/5) vote, that this extension of the urgency ordinance is a matter of City-wide importance, is a reasonable and necessary measure designed for the immediate preservation and protection of the public health, safety or welfare of the community, and is in accord with the public purposes and provisions of applicable State and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, HEREBY FINDS, DETERMINES AND RESOLVESAS FOLLOWS:
SECTION 1. CEQA: The City Council finds that adoption of this urgency interim ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15061, subsection (b)(3), in that the proposed ordinance involves a proactive measure to regulate Subject Facilities within the City and does not have the potential to significantly impact the environment.
SECTION 2. Incorporation: The recitals and statements of fact set forth in the preamble to this Ordinance are true and correct, constitute a substantive part of this Ordinance, and are incorporated herein by this reference. Based on those facts, the City Council finds, determines and declares that this Ordinance is necessary as an emergency measure for the immediate preservation of the public peace, health or safety pursuant to, and as authorized by, Section 65858(a) of the California Government Code. Accordingly, this Ordinance shall become effective immediately upon adoption.
SECTION 3. Direction: It is necessary to establish a temporary, 22 months and 15 days extension of the moratorium on the use, construction, establishment and/or operation of new Subject Facilities pending completion of the City's study of the potential impacts and regulation of such, and possible amendments to the City's zoning ordinance and related provisions of the Indio Municipal Code to ensure that adequate development standards and implementation regulations are in effect prior to permitting such within the City of Indio. To that end, the City Manager is directed to analyze the appropriateness of the Subject Facilities within the city limits of the City of Indio, including but not limited to, the desirability, appropriateness and effectiveness of development standards and regulatory controls.
Ordinance No. 1815 , an extension of Urgency Ordinance No. 1813 adopting... Page 1669 of 1671 5 This moratorium shall not be interpreted as affecting the use or operation of any:
1. Legally existing Subject Facilities in the City; or
2. Subject Facilities that have not yet been completed but which are subject to: a) A vesting tentative map; or b) Development agreement; or c) For which a building permit has been issued and in good faith reliance on such issuance substantial work has been completed and substantial liabilities incurred.
SECTION 4. Moratorium Established: In accordance with the authority granted to the City of Indio by California Government Code Section 65858 and for the reasons set forth herein above, commencing as of the effective date of this Ordinance and continuing thereafter for a period of 22 months and 15 days, no approvals may be made or issued by the City, its officers or employees of any applications for a use permit, variance, building permit, business license or any other applicable entitlement or permit, for the use of any land within the City or the construction, establishment or operation of Subject Facilities. For the period of this Ordinance, Subject Facilities shall be considered a prohibited use in any zoning district of the City and neither the City Council nor City staff shall approve any use permit, license, certificate of occupancy, zoning code or general plan amendment authorizing the use of any land within the City for any Subject Facility.
The City Council may in its sole discretion terminate this extension of the urgency ordinance at any time prior to the expiration of the 22 months and 15 days.
SECTION 5. Prohibition: No person shall commence, construct, establish, or operate any Subject Facility, as defined in this Ordinance, within the City limits of the City of Indio during the period this Ordinance is in effect.
SECTION 6. Violation and Public Nuisance: The construction, establishment or operation of any Subject Facility as defined in this Ordinance, within the city limits of the City of Indio during the period this Ordinance is in effect is declared to be a public nuisance and poses a current and immediate threat to the public health, safety and welfare. No property in any zone of the City is to be used for purposes of a Subject Facility during the period this Ordinance is in effect. The use of any property for such purpose shall be a public nuisance. A violation of this Ordinance shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief as well as any other available civil remedies. Additionally, any person that violates this Ordinance may be subject to the City's applicable administrative remedies.
SECTION 7. Severability: The City Council of the City of Indio hereby declares that should any section, paragraph, sentence, phrase, term or word of this Ordinance be declared for any reason to be invalid; it is the intent of the City Council that it would have adopted all other portions of this Ordinance independent of the elimination here from of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance,
Ordinance No. 1815 , an extension of Urgency Ordinance No. 1813 adopting... Page 1670 of 1671 6 and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
SECTION 8. Report: The City Manager is authorized and directed to prepare the report required by paragraph (d) of California Government Code Section 65858 describing the measures taken to alleviate the condition which led to adoption of this Ordinance for presentation to the City Council no later than ten (10) days prior to the expiration of thisOrdinance.
SECTION 9. Effective Date; Four-Fifths Vote Required: This Ordinance shall become effective immediately upon adoption if adopted by at least a four-fifths (4/5) vote of the total members of the City Council and shall be in effect for forty-five (45) days from the date of adoption, unless extended by the City Council as provided in California Government Code Section 65858.
SECTION 10: Publication: The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in a newspaper of general circulation, published and circulated in the City of Indio.
PASSED, APPROVED and ADOPTED this 17th day of July 2024. ___________________________
LUPE RAMOS AMITH
MAYOR
ATTEST:
________________________________
SABDI SANCHEZ, CMC
CITY CLERK ADMINISTRATOR
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