Ordinance No. 1818 , an ordinance of the City Council of the City of Ind... Page 485 of 507 4 10.23 Additional penalties.
Nothing in Section 10.20 through and including 10.22 shall preclude the City from pursuing the remedies provided by Chapter 12, including, but not limited to, as applicable, denial or revocation of certificates of occupancy, issuance of stop work orders and injunctive relief.
Section 3. ENVIRONMENTAL FINDINGS
The City Council finds that adoption of this 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 prohibit certain uses within the Downtown Area and does not have the potential to significantly impact the environment.
Section 4. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.
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Ordinance No. 1818 , an ordinance of the City Council of the City of Ind... Page 486 of 507 5 Section 5. EFFECTIVE DATE
This ordinance shall become effective thirty (30) days after its second reading.
PASSED, APPROVED AND ADOPTED this 18th day of September, 2024.
_______________________________________
LUPE RAMOS AMITH, MAYOR
ATTEST:
____________________________________
CYNTHIA HERNANDEZ, CITY CLERK
APPROVED AS TO FORM:
___________________________________
STEVEN G. PACIFICO, CITY ATTORNEY
Ordinance No. 1818 , an ordinance of the City Council of the City of Ind... Page 487 of 507 6 Exhibit A
Ordinance No. 1818 , an ordinance of the City Council of the City of Ind... Page 488 of 507 7 Exhibit B
Ordinance No. 1818 , an ordinance of the City Council of the City of Ind... Page 489 of 507 City of Indio
City Council
August 21, 2024
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Jennifer A. Mizrahi, Assistant City Attorney Subject: Ordinance No. 1817 & Resolution No. 10464 - Rescinding of legislative actions previously approved by the City Council pertaining to expansions of the City's Spheres of Influence
RECOMMENDATION:
Adopt the following in one (1) motion: Adopt, waive full reading and introduce by title only Ordinance No. 1817 and adopt Resolution No. 10464
SUMMARY:
Ordinance No. 1817 & Resolution No. 10464 - Rescinding of legislative actions previously approved by the City Council pertaining to expansions of the City's Spheres of Influence
BACKGROUND INFORMATION:
The City Council applied to the Local Agency Formation Commission (“LAFCO”) for a proposed Sphere of Influence Expansion project, which included the following components (1) Indio’s general plan amendments to add Southeastern Sphere I and Southeastern Sphere II to Indio’s sphere of influence; (2) Indio’s zoning ordinances for Southeastern Sphere I and Southeastern Sphere II; and (3) Indio’s application to the Riverside Local Agency Formation Commission ("LAFCO") to modify Indio's sphere of influence to include Southeastern Spheres I and II and remove Sphere I from Coachella's Sphere of Influence ("Project"). The City Council took action on various items, including passing resolutions and ordinances, to move forward with the Project. After review, the City Council at this time finds it within the public’s best interest to rescind the action items associated with the Project,.
ATTACHMENTS:
Attachment 1 - Ordinance No. 1817 - Rescinding Several Entitlements re LAFCO Settlement Attachment 2 - Resolution No. 10464 - Rescinding Several Entitlements re LAFCO Settlement
APPROVAL(S):
Steven Graham Pacifico, City Attorney Approved - 23 Jul 2024
AGENDA ITEM #10.1
Ordinance No. 1817 & Resolution No. 10464 - Rescinding of legislative ac... Page 490 of 507 1 ORDINANCE NO. 1817
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO
RESCINDING THE FOLLOWING ACTIONS RELATED TO THE CITY’S
PETITION TO THE LOCAL AGENCY FORMATION COMMISSION FOR
A SPHERE EXPANSION: 1) ORDINANCE NUMBER 1805; AND 2)
ORDINANCE NUMBER 1806; 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 RESCISSION OF PRIOR COUNCIL ACTION 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 regulations and regulations for the public peace, morals and welfare of the City and its residents; and,
WHEREAS, on or about February 8, 2024 the City Council applied to the Local Agency Formation Commission (“LAFCO”) for a proposed Sphere of Influence Expansion project, which included the following components (1) Indio’s general plan amendments to add Southeastern Sphere I and Southeastern Sphere II to Indio’s sphere of influence; (2) Indio’s zoning ordinances for Southeastern Sphere I and Southeastern Sphere II; and (3) Indio’s application to the Riverside Local Agency Formation Commission ("LAFCO") to modify Indio's sphere of influence to include Southeastern Spheres I and II and remove Sphere I from Coachella's Sphere of Influence ("Project"); and,
WHEREAS, the City Council took action on various items, including passing resolutions and ordinances, to move forward with the Project; and,
WHEREAS, after review, the City Council at this time finds it within the public’s best interest to rescind the action items associated with the Project; and,
WHEREAS, this Ordinance rescinds the ordinances associated with the Project; and,
WHEREAS, under separate Council action, the City Council will consider a Resolution to rescind the approved resolutions associated with the Project; and,
WHEREAS, on July 17, 2024, having reviewed and considered all testimony and materials made available to the City, including but not limited all environmental documents and reports, the staff reports, and all the testimony and evidence in the record of the proceedings with respect to the proposed Project, the City adopted this Ordinance.
Ordinance No. 1817 & Resolution No. 10464 - Rescinding of legislative ac... Page 491 of 507 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, HEREBY FINDS, DETERMINES AND ORDAINS AS FOLLOWS:
Section 1. CEQA: The City Council finds that adoption of this 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 rescission of prior council action 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 and in the best interest of the residents of the City.
Section 3. Action: The City Council hereby rescinds the following:
1. City Council Ordinance 1805 titled “A n 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, 7792500209 7792500191, 779250007, 779250002, 779250004, 779250008, 779250009, 779250016, 7792500179 7792500129 7792500069 779250010, 7792500189 7792500231,7792500119 779250014 AND 779250015 (“Ordinance 1805”).
2. City Council Ordinance Number 1806 titled, “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 I As Southeastern Sphere I Comprised Of Approximately 228 Acres Located East Of Jackson Street, West Of Calhoun Street, North Of Avenue 52 And South Of Avenue 50 And Applying A Zoning Map Designation Of Desert Estates Transition- 3 ( Det-3) To Assessor's Parcel Numbers 779310009, 779310008, 779330003, 779330005, 779330008, 779330015, 7793100139 7793300069 7793300029 779330007, 7793300129 7793300171, 7793300209 7793500039 7793300189 779310001, 779310003, 7793100041, 779310002, 779310007, 7793100059 779310012, 77931001417793100151, 7793100199 779330004, 7793300149 779310016, 779310018, 7793300101, 779330013, 779330016, 779350004, 779350005, 779310010, 779310011, 779330001, 779330009, 779330011, 779310006, 779310017, 779350002, 7793500089 779350009, 779350011, 779330019, 779350006, 7793500121 7793500019 779350007 AND 779350010 (“Ordinance 1806”)
Ordinance No. 1817 & Resolution No. 10464 - Rescinding of legislative ac... Page 492 of 507 3 3. The Council also rescinds any accompanying environmental documents and approvals associated with the Project.
Section 4. 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, 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 5. Effective Date : This Ordinance shall become effective thirty (30) days after the second reading.
Section 6. 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 18th day of September 2024.
___________________________
LUPE RAMOS AMITH
MAYOR
ATTEST:
________________________________
SABDI SANCHEZ, CMC
CITY CLERK ADMINISTRATOR
Ordinance No. 1817 & Resolution No. 10464 - Rescinding of legislative ac... Page 493 of 507 1 RESOLUTION NO. 10464
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO RESCINDING THE FOLLOWING ACTIONS RELATED TO TH E CITY’S PETITION TO THE LOCAL AGENCY FORMATION COMMISSION FO R A SPHERE EXPANSION: 1) CITY COUNCIL RESOLUTION NUMBER 10417; 2) CITY COUNCIL RESOLUTION NUMBER 10418; 3) CITY COUNCIL RESOLUTION NUMBER 10419; 4) CITY COUNCIL RESOLUTION NUMBER 10420; AND FINDING THE ADOPTION OF THIS
RESOLUTION EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO TITLE 14 CALIFORNIA CODE OF REGULATIONS SECTION 15061, SUBSECT ION (B)(3), IN THAT THE PROPOSED
RESOLUTION INVOLVES A RESCISSION OF PRIOR COUNCIL ACTION 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 regulations and regulations for the public peace, morals and welfare of the City and its residents; and
WHEREAS, on or about February 8, 2024 the City Council applied to the Local Agency Formation Commission (“LAFCO”) for a proposed Sphere of Influence Expansion project, which included the following components (1) Indio’s general plan amendments to add Southeastern Sphere I and Southeastern Sphere II to Indio’s sphere of influence; (2) Indio’s zoning ordinances for Southeastern Sphere I and Southeastern Sphere II; and (3) Indio’s application to the Riverside Local Agency Formation Commission ("LAFCO") to modify Indio's sphere of influence to include Southeastern Spheres I and II and remove Sphere I from Coachella's Sphere of Influence ("Project"); and
WHEREAS, the City Council took action on various items, including passing resolutions and ordinances, to move forward with the Project; and
WHEREAS, after review, the City Council at th is time finds it within the public’s best interest to rescind the action items associated with the Project; and
WHEREAS, this Resolution rescinds the resolutions associated with the Project; and
WHEREAS, under separate Council action, the City Council will consider an ordinance to rescind the approved ordinances associated with the Project; and
WHEREAS, on July 17, 2024, having reviewed and considered all testimony and materials made available to the City, including but not limited all environmental documents and reports, the staff reports, and all the testimony and evidence in the record of the proceedings with respect to the proposed Project, the City adopted this Resolution.
Ordinance No. 1817 & Resolution No. 10464 - Rescinding of legislative ac... Page 494 of 507 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:
SECTION 1. CEQA: The City Council finds that adoption of this Resolution 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 resolution involves a rescission of prior council action 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 Resolution are true and correct, constitute a substantive part of this Resolution, and are incorporated herein by this reference. Based on those facts, the City Council finds, determines and declares that this Resolution is necessary and in the best interest of the residents of the City. Accordingly, this Resolution shall become effective immediately upon adoption.
SECTION 3. Action: The City Council hereby rescinds the following:
1. City Council Resolution Number 10417 titled, “A Resolution Of The City Council Of The City Of Indio, California, Requesting The Riverside Local Agency Formation Commission To Take Proceedings For The Change In Organization For A Certain 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”
2. City Council Resolution Number 10418 titled “A Resolution Of The City Council Of The City Of Indio, California, Requesting The Riverside Local Agency Formation Commission To Take Proceedings For The Change In Organization For A Certain Territory Of Land Hereafter Referred To As Southeastern Sphere I Comprised Of Approximately 228 Acres Located East Of Jackson Street, West Of Calhoun Street, North Of Avenue 52 And South Of Avenue 50”
3. City Council Resolution Number 10419 titled, “ A Resolution Of The City Council Of The City Of Ind109 California, Approving General Plan Map And Text Amendments To The City Of Indio General Plan 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 General Pl an Land Use Designation Of Suburban Neighborhood Low (SNL) To Assessor's Parcel Numbers 779250003, 779250022, 7792500139 779250020, 779250019, 779250007, 7792500029 779250004, 779250008, 7792500099 7792500161 779250017, 779250012, 779250006, 779250010, 779250018, 779250023, 7792500119 779250014 And 779250015” (“Resolution 10419”).
4. City Council Resolution Number 10420 titled “A Resolution Of The City Council Of The City Of Indio, California, Approving General Plan Map And Text Amendments To The City Of Indio General Plan Pertaining To The Change In Organization For A Territory Of Land Hereafter Referred To As Southeastern Sphere II Comprised Of Approximately 228 Acres Located South Of Avenue 50, East Of Jackson Street,
Ordinance No. 1817 & Resolution No. 10464 - Rescinding of legislative ac... Page 495 of 507 3 West Of Calhoun Street And North Of Avenue 52 And Applying A General Plan Land Use Designation Of Desert Estates Transition Det) To Assessor's Parcel Numbers 779310009, 7793100089 7793300039779330005, 779330008, 779330015, 779310013, 7 79330006, 779 330002, 779 330007, 77 93300129 7793300179 779330020, 7793500031 779330018, 779310001, 779310003, 7793100049 7793100029 7793100071 779310005, 779310012, 779310014, 779310015, 779310019, 779330004, 7793300l4l 7793100169 7793100189 7793300109 779330013, 779330016j 7793600049 779350005, 779310010, 779310011, 7793300019 7793300091 7793300119779310006, 779310017, 779350002, 779350008, 779350009, 7793500119779330019, 779350006, 779350012, 779350001, 779350007 and 779350010 (“Resolution 10420”).
5. The Council also rescinds any accompanying environmental documents and approvals associated with the Project.
SECTION 4. Severability: The City Council of the City of Indio hereby declares that should any section, paragraph, sentence, phrase, term or word of this Resolution 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 Resolution 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 Resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed this Resolution, 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 5. Effective Date: This Resolution shall become effective immediately upon adoption.
PASSED, APPROVED and ADOPTED this 17th day of July 2024.
___________________________
LUPE RAMOS AMITH
MAYOR
ATTEST:
________________________________
SABDI SANCHEZ, CMC
CITY CLERK ADMINISTRATOR
Ordinance No. 1817 & Resolution No. 10464 - Rescinding of legislative ac... Page 496 of 507 City of Indio
City Council
August 21, 2024
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Carl S. Morgan, Interim Dir. Of Community Development Subject: Request for City Council Certificate of Public Convenience or Necessity for a Type 21 Off-Sale Liquor License issued by the California Department of Alcoholic Beverage Control (ABC) for Rocket (City Case No. PLAN-PCN-24- 0004), an existing convenience store located at 80976 Highway 111, Indio, CA 92201 (Assessor’s Parcel Number 600-200-014).
RECOMMENDATION:
Approve Certificate of Public Convenience or Necessity (Case File PLAN-PCN-24-0004).
SUMMARY:
On April 19, 2024, Steve Rawlings, on behalf of Apro, LLC c/o United Pacific, filed an application with the Community Development Department requesting the approval of a Certificate of Public Convenience or Necessity (PCN) for a Type 21 Off-Sale General license from the California Department of Alcoholic Beverage Control (ABC) to authorize the sale of beer, wine, and distilled spirits for off-site consumption at 80976 Highway 111, Indio, CA 92201. Pursuant to Section 6.04.08 of the Unified Development Code, the City Council, based on a determination by ABC, must make a determination if the sale of alcohol at the subject location is a public convenience and/or necessity.
BACKGROUND INFORMATION:
On January 7, 2024, the applicant submitted an application to the California Department of Alcoholic Beverage Control (ABC) for a Type 21 Off-Sale General for Rocket, a gas station convenient store located at 80976 Highway 111, CA 92201 to allow for the sale of beer, wine, and distilled spirits for off-site consumption. ABC determined that the subject property was within a geographical area defined as an area of “undue concentration” meaning that the number of licenses for the sale of alcoholic beverages exceeds the amount that is permitted by ABC within the census tract that the business is located in. Currently, Census Tract 452.13 is authorized by ABC for five (5) on-sale and three (3) off-sale licenses. In cases of undue concentration, ABC is required to deny an application for a license if the issuance of a license would result in or add to an “undue concentration” of licenses. However, California state law allows ABC to issue a license if the legislative body of the area in which the premises are located determines that the applicant’s license request serves the public convenience or necessity.
ANALYSIS
State Regulations – Undue Concentration of Liquor Licenses:
AGENDA ITEM #10.2
Request for City Council Certificate of Public Convenience or Necessity ... Page 497 of 507 California Code, Business and Professions Code - BPC § 23958.4 specifies the following:
(a) For purposes of Section 23958, “undue concentration” means the case in which the applicant's premises for an original or premises-to-premises transfer of any retail license are located in an area where any of the following conditions exist:
(1)The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes, as defined in subdivision (c), than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency.
(2)As to on-sale retail license applications, the ratio of on-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on- sale retail licenses to population in the county in which the applicant premises are located.
(3)As to off-sale retail license applications, the ratio of off-sale retail licenses to the population in the census tract or census division in which the applicant premises are located exceeds the ratio of off- sale retail licenses to the population in the county in which the applicant premises are located.
(b) Notwithstanding Section 23958, the department may issue a license as follows:
(1)With respect to a nonretail license, a retail on-sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined in subdivision (b) of Section 25503.16, a or license, manufacturer's beer a conjunction in issued license retail a with winegrower's license, if the applicant shows that public convenience or necessity would be served by the issuance.
(2)With respect to any other license, if the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance. The 90-day period shall commence upon receipt by the local governing body of (A) notification by the department of an application for licensure, or (B) a completed application according to local requirements, if any, whichever is later.
Based on statutory guidelines, the City of Indio City Council is conducting a public hearing and will consider the issuance of a determination of Public Convenience or Necessity. These actions will occur within the specified 90-day period.
General Plan, Zoning, and Existing Land Uses:
The subject property is currently designated with a Mixed-Use Neighborhood land use designation pursuant to the 2040 General Plan adopted on September 18, 2019. The property is governed by the Highway 111 Corridor Specific Plan, adopted in September 2022, and has a current zoning designation of Mixed-Use Center (MU-C) per the adopted Highway 111 Corridor Specific Plan. The
Request for City Council Certificate of Public Convenience or Necessity ... Page 498 of 507 existing gas station convenience store is located at the northwest corner of the Madison Street and Highway 111 intersection.
The California Department of Alcohol and Beverage Control has identified that the project site is in an area of “undue concentration”. The ABC threshold for "undue concentration" of off-sale retail licenses in Census Tract No. 452.13 is three (3) off-sale liquor licenses. There are currently eight (8) establishments within Census Tract No. 452.13 that have active ABC-issued on-sale and off-sale liquor licenses as specified in Table 1:
TABLE 1
SUMMARY OF CONCENTRATION OF ABC LICENSES
CENSUS TRACT 452.13
# License Type Business Name Address Status
1 20 (Off-Sale) United Oil #8680 80976 Highway
111 Active
2 20 (Off-Sale) Valley Meat
Market
80100 Highway
111 Active
3 21 (Off-Sale) Stater Bros
Market
81056 Highway
111 Active
4 41 (On-Sale) Taco Gonzalez 80120 Highway
111, Suite 1 Active
5 41 (On-Sale) Taco Shop 760 81096 Highway
111 Active
6 48 (On-Sale) Neils Lounge 80965 Highway
111 Active
7 51 (On-Sale) Indio Elks Lodge 46301 Madison
Street Active
8 58 (On-Sale) Indio Elks Lodge 46301 Madison
Street Active
According to the United States Census Bureau, Census Tract 452.13 is 0.9 square miles in area with a population of 5,619. The percentage of the population aged 18 and over is 78.7% while the percentage of the population 65 and over is 7.3%.
SURROUNDING LAND USES
The project site is generally surrounded by Mixed Use Center (MU-C) and Neighborhood General (NG) zoning designations. Neighboring parcels also contain the Master Planned Design Overlay (MPDO) which requires properties must apply regulatory zones and overlays per the requirements of the Master Planned Development Permit Process (See Section 3.2.E and Section 3.4.C.1 of the Highway 111 Specific Corridor Plan). The General Plan Land Use designations, the Highway 111 Corridor Specific Plan Zoning designation, and Existing Land Uses are outlined in Table 2 below:
Request for City Council Certificate of Public Convenience or Necessity ... Page 499 of 507 TABLE 2: GENERAL PLAN, ZONING, AND SURROUNDING EXISTING USES General Plan 2040 Zoning Existing Use
Site:
Mixed Use
Neighborhood
(MUN)
Mixed Use Center
(MU-C)
Fueling
Station/Convenience
Store
(76/Rocket)
North:
Mixed Use
Neighborhood
(MUN)
Neighborhood
General
(NG)
Vacant
South:
Mixed Use
Neighborhood
(MUN)
Mixed Use Corridor
(MU-C)
General Retail
(Walgreens)
East:
Mixed Use
Neighborhood
(MUN)
Mixed Use Corridor
(MU-C)
Bank
(PNC Bank)
West:
Mixed Use
Neighborhood
(MUN)
Mixed Use Corridor
(MU-C)
Auto Service
(Midas)
POLICE DEPARTMENT BACKGROUND CHECK INVESTIGATION
Community Development Department staff submitted the PCN application to the Indio Police Department, the Indio Building and Safety Division, and the Riverside County Fire Department. The Indio Police Department (IPD) conducted a review of the application and completed a background investigation of the applicant. IPD reported that Joe Juliano (owner) completed and passed the background check as of July 22, 2024. Therefore, IPD is not recommending any specific conditions of approval associated with this request and did not specify any law enforcement-related concerns for the new type 21 ABC license. Furthermore, IPD, in partnership with ABC, will enforce the laws related to the sale of alcohol from the proposed establishment.
PUBLIC CONVENIENCE OR NECESSITY (PCN) DETERMINATION
Findings:
Pursuant to Section 6.04.08, Subsection C, of the City of Indio Unified Development Code, the City Council shall issue a decision approving, conditionally approving, or denying the Certificate of Public Convenience or Necessity following the close of the required public hearing. In reaching its decision, the City Council shall make findings and shall consider the following factors:
I. The proposed use is consistent with the General Plan and Development Code.
The subject property is designated Mixed-Use Neighborhood (MUN) in the General Plan and Mixed-Use Center (MU-C) in the Highway 111 Corridor Specific Plan. The proposed use of the Rocket Convenience Store at 80976 Highway 111 for off-sale of beer, wine, and distilled spirits is consistent with the City of Indio’s General Plan 2040 and the Highway 111 Corridor Specific Plan. The MU-C zoning permits convenience markets, making the proposed use compliant with the zoning designation and the vision for the area as outlined in the General Plan and Specific Plan.
Request for City Council Certificate of Public Convenience or Necessity ... Page 500 of 507 II. The proposed use is compatible with the nature, condition, and character of adjacent land uses.
The proposed use is compatible with the existing nature, condition, and character of adjacent land uses. The property is surrounded by commercial buildings within the Mixed-Use Center (MU-C) zone, which promotes pedestrian-oriented retail, restaurant, and service businesses.
The sale of alcoholic beverages at the Rocket Convenience Store aligns with the commercial activities and pedestrian-friendly environment envisioned for the area.
III. The proposed use would not have an adverse effect on adjacent land uses.
The proposed use is not anticipated to have an adverse effect on adjacent land uses. The property’s location along Highway 111 within a designated commercial corridor is suitable for a convenience market offering alcoholic beverages. The inclusion of safety measures, such as security protocols and restricted alcohol sales hours, further mitigates any potential negative impacts. Additionally, the Police Department’s review did not identify any law enforcement-related concerns, indicating that the proposed use will not adversely affect the surrounding community.
IV. The proposed use would not result in an excessive number of similar establishments in close proximity.
Census Tract 452.13 is an area of undue concentration; however, this is reasonable given the multiple commercial establishments within Census Tract 452.13. The authorization of a Type 21 Off- Sale General license for the Rocket Convenience Store would support the establishment of a viable commercial entity in the Highway 111 Corridor, further enhancing the area’s ability to serve as a vibrant mixed-use district. This contributes to the area's retail diversity and ensures that the Rocket Convenience Store can meet current market demands for Ready-to-Serve mixed drinks and other alcoholic beverages while maintaining compliance with stringent security and age-verification policies.
Conclusion:
Based on the findings above, the proposed use of the Rocket Convenience Store at 80976 Highway 111 for the off-sale of beer, wine, and distilled spirits under a Type 21 license is consistent with the City of Indio’s General Plan and Development Code. It is compatible with adjacent land uses, will not have an adverse effect on the community, and addresses public convenience or necessity.
Therefore, staff recommends that the City Council approve the request for a Certificate of Public Convenience and Necessity for a Type 21 Off-Sale General license for the Rocket Convenience Store.
PUBLIC NOTICE
On August 7, 2024, the City Clerk Administrator published a legal notice of public hearing in the Desert Sun, the newspaper of record. Public Hearing notices were mailed out within 500 feet of the project site on July 26, 2024.
ATTACHMENTS:
Attachment 1 - Vicinity Map.pdf
Request for City Council Certificate of Public Convenience or Necessity ... Page 501 of 507 Attachment 2 - Floor Plan
Attahcment 3 - Copy of Pending Application to ABC
APPROVAL(S):
Carl S. Morgan, Interim Dir. Of Community Development Approved - 14 Aug 2024 Jennifer A. Mizrahi, Assistant City Attorney Approved - 14 Aug 2024 Ruby D. Walla, Director of Finance Approved - 14 Aug 2024 Bryan H. Montgomery, City Manager Approved - 14 Aug 2024
Request for City Council Certificate of Public Convenience or Necessity ... Page 502 of 507
Request for City Council Certificate of Public Convenience or Necessity ... Page 503 of 507
VICINITY MAP
80976 Highway 111, CA 92201
Request for City Council Certificate of Public Convenience or Necessity ... Page 504 of 507 9 ft9 ft
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Request for City Council Certificate of Public Convenience or Necessity ...Page 505 of 507 Department of Alcoholic Beverage Control
INFORMATION AND INSTRUCTIONS -
SECTION 23958.4 B&P
State of California
Gavin Newsom, Governor
Instructions This form is to be used for all applications for original issuance or premises to premises transfer of licenses. • Part 1 is to be completed by an ABC employee, given to applicant with pre-application package, with copy retained in • holding file or applicant's district file.
Part 2 is to be completed by the applicant, and returned to ABC.
Part 3 is to be completed by the local governing body or its designated subordinate officer or body, and returned to ABC.
PART 1 - TO BE COMPLETED BY ABC
1. APPLICANT'S NAME
APRO LLC
2. PREMISES ADDRESS (Street number and name, city, zip code) 80976 HIGHWAY 111, INDIO, CA 92201-6523
4. TYPE OF BUSINESS
D Full Service Restaurant
Deli or Specialty Restaurant
D Cafe/Coffee Shop
D Bed & Breakfast:
D Wine only D All
D Supermarket
D Hofbrau/Cafeteria
□ Comedy Club
0BrewPub
□ Theater
D Cocktail Lounge
□ Night Club
nTavern: Beer c__J
,-------,
LJTavern: Beer & Wine
D Service Station
D Convenience Market
3. LICENSE TYPE
21 D Private Club
D Veterans Club
D Fraternal Club
Owine Tasting Room
D Swap Meet/Flea Market
D Drive-in Dairy D Liquor Store
DrugNariety Store
D Other - describe:
D Membership Store
D Department Store
Florist/Gift Shop [xl Convenience Market w/Gasoline
5. COUNTY POPULATION 6. TOTAL NUMBER OF LICENSES IN COUNTY 7. RATIO OF LICENSES TO POPULATION IN COUNTY I n n I LJ On-Sale ~ Off-Sale □ On-Sale □ Off-Sale
8. CENSUS TRACT NUMBER
452.13
j9. NO. OF LICENSES ALLOWED IN CENSUS TRACT
I 3 [J On-Sale ~ Off-Sale
10. NO. OF LICENSES EXISTING IN CENSUS TRACT
n 1v1 LJ On-Sale ~ Off-Sale 3
11. IS THE ABOVE CENSUS TRACT OVERCONCENTRATED WITH LICENSES? (i.e., does the ratio of licenses to population in the census tract exceed the ratio of licenses to population for the entire county?) [8J Yes, the number of existing licenses exceeds the number allowed D No, the number of existing licenses is lower than the number allowed
12. DOES LAW ENFORCEMENT AGENCY MAINTAIN CRIME STATISTICS? D Yes (Go to Item #13) D No (Go to Item #20)
13. CRIME REPORTING DISTRICT NUMBER 114. TOTAL NUMBER OF REPORTING DISTRICTS 15. TOTAL NUMBER OF OFFENSES IN ALL REPORTING DISTRICTS
16. AVERAGE NO. OF OFFENSES PER DISTRICT '17. 120% OF AVERAGE NUMBER OF OFFENSES 18. TOTAL NUMBER OF OFFENSES IN REPORTING DISTRICT
19. IS THE PREMISES LOCATED IN A HIGH CRIME REPORTING DISTRICT? (i.e., has a 20% greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency) D Yes, the total number of offenses in the reporting district equals or exceeds the total number in item #17 D No, the total number of offenses in the reporting district is lower than the total number in item #17
20. CHECK THE BOX THAT APPLIES (check only one box)
□
IX! LJ
a. If "No" is checked in both item #11 and item #19, Section 23958.4 B&P does not apply to this application, and no additional information will be needed on this issue. Advise the applicant to bring this completed form to ABC when filing the application. b. If" Yes" is checked in either item #11 Q[ item #19, and the applicant is applying for a non-retail license, a retail bona fide public eating place license, a retail license issued for a hotel, motel or other lodging establishment as defined in Section 25503.16(b) B&P, or a retail license issued in conjuction with a beer manufacturer's license, or winegrower's license, advise the applicant to complete Section 2 and bring the completed form to ABC when filing the application or as soon as possible thereafter.
c. If" Yes" is checked in either item #11 Q[ item #19, and the applicant is applying for an off-sale beer and wine license, an off-sale general license, an on sale beer license, an on-sale beer and wine (public premises) license, an on-sale general (public premises) license, or an on-sale general music venue license, advise the applicant to take this form to the local governing body. or its designated subordinate officer or body to have them complete Section 3.
The completed form will need to be provided to ABC in order to process the application.
Governing Body/Designated Subordinate Name:
FOR DEPARTMENT USE ONLY
PREPARED BY (Name of Department Employee)
MARICELA MATA
ABC-245 (rev. 03-23)
Request for City Council Certificate of Public Convenience or Necessity ... Page 506 of 507 PART 2 - TO BE COMPLE_!_E~ BY THE.c\!'_i=>L!CANT (If b~x_!#~ is c_h_e_ck_e_d_) _____ _
21. Based on the information on the reverse, the Department may approve your application if you can show that public convenience or necessity would be served by the issuance of the license. Please describe below the reasons why issuance of another license is justified in this area. You may attach a separate sheet or additional documention, if desired. Do not proceed to Part 3. --- -------------- ----------
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22 .• APPLICANT SIGNATURE-
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23. DATE SIGNED
PART 3 -TO BE COMPLETED BY LOCAL OFFICIALS (If box #20c is checked) The applicant named on the reverse is applying for a license to sell alcoholic beverages at a premises where undue concentration exists (i.e., an over-concentration of licenses and/or a tiigtier than average crime rate as defined in Section 23958.4 of the Business and Professions Code). Sections 23958 and 23958.4 of the Business and Professions Code requires the Department to deny the application unless the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 aays of notification of a completed application that public convenience or necessity would be served by the issuance.
Please complete items #24 to #30 below and certify or affix an official seal, or attach a copy of the Council or Board resolution or a signed letter on official letterhead stating whether or not the issuance of the applied for license would serve as a public convenience or necessity.
24. WILL PUBLIC CONVENIENCE OR NECESSITY BE SERVED BY ISSUANCE OF THIS ALCOHOLIC BEVERAGE LICENSE? Yes No See Attached (i.e., letter, resolution, etc.)
--- - -- - ------ ------------ .. -------- --
25. ADDITIONAL COMMENTS, IF DESIRED (may include reasons for approval or denial of public convenience or necessity):
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-------- ----- ----- -------------
26. CITY/COUNTY OFFICIAL NAME 27. CITY/COUNTY OFFICIAL TITLE 28. CITY/COUNTY OFFICIAL PHONE NUMBER --- ---- -----
29. CITY/COUNTY OFFICIAL SIGNATURE 30. DATE SIGNED
ABC-245 REVERSE (rev. 03-23)
Request for City Council Certificate of Public Convenience or Necessity ... Page 507 of 507