Indio City Council
May 20, 2026

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 487 of 831 56 § 5.16.04. SECURITY REDUCTION
The City Manager, with the approval of the City Engineer, may reduce any improvement securities once at least 80% of the required improvements have been completed and no outstanding safety- or function-related items remain (e.g., the final asphalt concrete lift). Upon verification, the City Engineer may administratively approve the reduction, requiring the applicant to provide improvement security equal to 200% of the estimated cost of the remaining improvements.

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 488 of 831 57 CHAPTER 5.17 ENFORCEMENT; WAIVERS; JUDICIAL REVIEW
§ 5.17.01. ENFORCEMENT, REMEDIES AND JUDICIAL REVIEW.

The provision for enforcement of this Chapter shall be as stated in the Subdivision Map Act. The provisions of remedies shall be as stated in the Subdivision Map Act. § 5.17.02. ADMINISTRATIVE WAIVER OF IMPROVEMENTS.

Under the following conditions, waiver, and/or deferment of requirements of this Chapter may be permitted.

A. Dedication of right-of-way shall be required as a condition of building permit issuance except as follows:

1. When the project is for the purpose of remodeling or addition to existing building and the proposal does not increase the floor area of an existing structure by more than 20% for residential, 10% for commercial, and/or the remodeling does not involve extensive reconstruction of a building equal to 15% the value of existing structures as determined by “fair market value” established by the County Assessor or a certified appraisal.

2. When a building permit is issued for the purpose of demolition of a structure.

3. When a building permit is issued for the construction of a wall, fence, swimming pool, or sign.

B. Applicants for a building permit shall provide street improvements, including paving, curbs and gutters, sidewalks, street trees, street signs, except:

1. Single-family residences are exempt from the improvement requirements if the same conditions exist where dedication of right-of-way apply as cited above.

2. When the partially improved street is unpaved and a residentially zoned lot or parcel is part of an area where existing street grades are such that curbs and gutter would not reasonably match existing conditions, or when a parcel is at least 1,300 feet from any improved area, a deferment of street requirements may be granted by the Public Works Director as provided herein.

3. Multiple-family dwellings, commercial and industrial buildings, churches and other institutional buildings, may be remodeled or altered without the off-site improvements being a condition of construction, provided the following exist:
a. When the improvement is a maintenance project, such as painting, reroofing, replacing existing windows or doors or air conditioners, and the like. b. Minor building permits for signs, fences, patios, shades, screening walls, unless the structure is the principal improvement on the property. c. When the purpose of remodeling does not involve extensive reconstruction equivalent to more than 15% of the value of the existing structure.

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 489 of 831 58 C. Public sewer requirements may be waived providing trunk sewers are not available within 3,000 feet, or are otherwise inaccessible because of storm channels, freeways, or similar obstructions, and providing a private sewage disposal system can be installed to the satisfaction of the Health Department and the Regional Water Quality Control Board.

D. The required city water service for a single-family residence may be waived from developments more than 1,300 feet from available city water, or when barriers (other than economic) make extension of water mains impractical. Other waivers or deferments shall be made by individual determination of the City Council.

E. Underground utilities. Certain circumstances are hereby acknowledged as being a basis for deferring, waiving, or conditioning the requirement that utilities be placed underground.

1. Residential subdivisions shall be subject to the underground requirements, for all existing overhead utilities less than 92kv and new utility installations.

2. Single lot developments shall be subject to the underground requirements, for all existing overhead utilities less than 92kv and new utility installations.

3. Agreement to participate in an underground utility district required. Any person obtaining a permit to erect, construct, place or replace or relocate a building, or to enlarge or make additions thereto in excess of 300 square feet shall be required to underground all existing overhead utilities less than 92kv and new installations, or participate in an underground utility district, determined by the Public Works Director.

4. Underground utility requirements may be waived, or deferred, notwithstanding other provisions of this policy, under the following conditions:
a. Where an existing utility pole for a Transmission line greater than 92kv might be used in lieu of adding another pole for a street light, the street lighting luminaire may be attached to the existing pole providing the owner of the existing pole and the developer agree to the conditions of deferment specified by the city.
b. In conjunction with a one lot single-family residential development, the underground utility requirement will be fulfilled by the property owner agreeing to participate in an underground utility district. If an underground utility district does not exist, the property owner shall record a covenant against the subject property agreeing to participate in an underground utility district when one is formed.

F. Single lot multifamily residential, commercial, or industrial developments, shall be subject to the underground requirements, for all existing overhead utilities less than 92kv and new utility installations.
§ 5.17.03. PROCEDURE FOR WAIVING OR DEFERRING

REQUIREMENTS AND EXECUTING PERFORMANCE AGREEMENTS
A. In matters dealing with off-site improvements, the Public Works Director shall make a finding if the conditions of this policy are applicable for a deferment or waiver. Any agreement related thereto shall be executed by the Public Works Director.

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 490 of 831 59 B. In matters relating to on-site improvements, the Community Development Director shall make a finding if the conditions of this policy are applicable for a deferment or waiver as provided herein.

C. The City Attorney shall approve the terms and conditions of all such agreements before it may be finalized.

D. Any person not satisfied with a decision of either the Public Works Director or the Community Development Director may appeal their ruling to the City Manager. The decision of the City Manager shall be final unless appealed to the City Council within ten days from the date the City Manager's ruling is made.

E. A building permit shall not be issued until all the necessary agreements are entered into in accordance with this Chapter.

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 491 of 831 60 CHAPTER 5.18 RESIDENTIAL CONDOMINIUM CONVERSIONS
§ 5.18.01. PURPOSE AND INTENT.

A. The purpose and intent of this Chapter is to establish development standards and special conditions for the protection of the community and purchasers or renters of converted residential and mixed-use zoned real property proposed for subdivision and shall not include mobile home parks.

B. The city seeks to avoid the unique problems that beset conversion of apartment and residential rental projects and it further seeks to provide and ensure a reasonable balance of rental and ownership housing in the city and a variety of individual choices of tenure, type, price and location of housing, and to maintain a supply of rental housing for all economic segments of the population.
§ 5.18.02. APPLICABILITY.

All residential and mixed-use residential real property projects converting from rental to a form of individual ownership of units or spaces, and rental projects not yet built for which a permit for building has been issued, shall be reviewed for conformance with the provisions of this code under the city's conditional use permit procedure, subject to the requirements of this Chapter, in addition to any and all requirements for preparation, review, and approval of a subdivision map, pursuant to Chapter 156 (Subdivisions Regulations) and the Subdivision Map Act. § 5.18.03. DEFINITIONS.

For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DEVELOPER. The owner or subdivider with a controlled proprietary interest in the proposed condominium.

PROJECT. As used in this Chapter, refers to a condominium conversion project.

UNIT. Unit is the element of a condominium conversion project which is not owned in common with the other owners of the project.
§ 5.18.04. CONDOMINIUM CONVERSION APPLICATION
PROCEDURES.

A. Conditional use permit and subdivision regulations. Condominium conversions may be approved in the city pursuant to the procedures for a conditional use permit and applicable subdivision regulations as set forth in this code.

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 492 of 831 61 B. Application requirements. In addition to such other application requirement as the Community Development Director may deem necessary, no application for a project shall be accepted for any purpose unless the application includes the following:

1. Plans illustrating the following details shown to scale:
a. Site plan illustrating the location of buildings, parking areas, circulation system, recreational facilities, open space, patios, and the like; b. Floor plans for each unit type;
c. Fully dimensional elevation plans of the structures, showing the architectural features and types and materials of construction;
d. Landscaping and irrigation plans illustrating the existing system and any proposed modifications and a statement specifying the manner by which landscape areas shall be maintained;
e. The location, structural section, and type of surfacing for all driveways, pedestrian ways, vehicle parking areas, curb cuts, and storage areas; f. The location, height, and type of materials for exterior walls or fences; g. The location and description of all recreational facilities and a statement specifying the method of the maintenance thereof;
h. The location, size, and number of parking spaces to be used in conjunction with each condominium unit for residents and guests;
i. The location, type and size of all drainage pipes and retention basins; j. The location, type, and size of all on-site and adjacent overhead and underground utility lines.

2. Three copies of the proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) which will apply to the proposed project, which shall include:
a. Provisions for the maintenance of the common areas exterior of all structures and walls, including roads, recreational amenities, and landscaping. Common areas items, including, but not limited to, the roof, plumbing, heating, airconditioning, and electrical systems shall be maintained by the developer in good condition until one year elapses from the date of the sale of the last individual unit is sold;
b. A statement that the city has the right, but not the duty to enforce said CC&Rs in the event of default in the maintenance of such areas by individual owners of the units, and that costs, including attorney fees incurred thereby shall be reimbursed to the city;
c. Provisions establishing each individual unit owner's exclusive right to the use of designated parking spaces for each unit;
d. Provisions for separate storage area, if any, for each unit for inside and outside storage of recreational vehicles consisting of boats, trailers, and the like, and any other materials.
e. Provisions for dedication of land or establishment of easements for street widening or other public purpose.

3. Tenants have received a tenant's notice of intent to convert pursuant to the

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 493 of 831 62 provisions of Cal. Government Code § 66427.1 (Subdivision Map Act) prior to filing a notice of pending application to convert with the Community Development Department. Such notice shall be given by the applicant, and shall contain information as to tenant's rights under State and local regulations.

4. Written notices shall be mailed to all tenants at least five days prior to the submission of the application (Government Code § 66427.1(c)') to the Community Development Department. The applicant shall provide the Department with affidavits or declarations under penalty of perjury of said notices at the time of the application. All tenants occupying the project subsequent to this initial notice shall be notified in writing of the pending conversion prior to occupancy.

5. A list prepared under declaration of penalty of perjury by the developer, including but not limited to the names and addresses of all tenants residing in the project proposed to be converted at the time the application is filed, including but not limited to, commencement and expiration dates of the leases of said tenants and total number of project occupants.

6. Sales information. Anticipated terms of sale prices of individual dwelling units based on information known at the time of application; anticipated terms of sale to existing tenants; and a statement as to whether sales will be permitted to families with minor children.

7. A pest control report issued no more than three months from the date of the filing of the application, to be provided to, and reviewed by, the building official. The report shall include, but not be limited to termites, rodents, and general pests.

8. A building elements report describing in detail the condition and useful life of the electrical, plumbing, and structural elements of all existing buildings and structures including foundation. Such report shall be prepared by a registered civil or structural engineer, licensed contractor, or licensed architect for the applicable portion of the report.

9. A descriptive report containing acoustical test data which indicates the noise attenuation characteristics of existing party walls, floors and ceilings including but not limited to a sampling of at least 10% of the dwelling units involved, but in no case fewer than two dwelling units. Such report shall be compiled by a qualified person experienced in the field of acoustical testing and engineering as determined by the Community Development Director or designee. Report shall provide comparative analysis of the test data as it relates to State and local attenuation requirements.

10. A report by a qualified marketing survey research firm submitted for review by the Community Development Department and Planning Commission pertaining to the vacancy factor of the rental housing units in the city.

11. The Planning Commission shall evaluate the adequacy of interior amenities that may include floor and surface materials, kitchen cabinets, and the like, during the conditional use permit approval process.

12. A minimum of 10% of the units to be converted to ownership units shall be reserved for low to moderate income individuals or families. The income thresholds shall be as defined in the City of Indio’s current Housing Element. The term of the income restriction shall be 55 years. The income restriction shall be recorded against the property’s title as a Regulatory Agreement and Declaration of Covenants, Conditions, and Restrictions (CC&Rs).

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 494 of 831 63 § 5.18.05. CONDOMINIUM CONVERSION DEVELOPMENT
STANDARDS.

A. Development requirements. Except as otherwise provided by law, in approving or conditionally approving any project, the following conditions shall be met:

1. Parking. Off-street parking shall be provided pursuant to Chapter 3.03 (Parking + Loading) in the Unified Development Code.

2. Private open space. Private open space shall be provided pursuant to Chapter 2.02 (Residential Zones) in the Unified Development Code.

3. Recreational open space. Recreational facilities or recreational open space shall be reviewed for its adequacy for the project.

4. All permanent equipment, including domestic appliances, which are determined by the Building Official to be a potential source of vibration or noise, shall be installed or modified as approved by the City Building Official to lessen the transmission of vibration and noise.

5. Utilities.
a. A shut-off for each utility shall be provided.
b. The consumption of gas, electricity, and Cable T.V. within each dwelling unit shall be separately metered so that the unit owner can be separately billed for each utility except that upon determination of the Building Official that such separate metering valve would not be practicable at the time of the conditional use permit approval, the Building Official may approve an equivalent alternative metering system.
c. The consumption of water shall either be by master meter or separate meters and shall be determined by the City Engineer. All additional water connection fees shall be payable prior to approval of the condominium final map. d. Wastewater facilities including sewer and septic facilities shall be converted subject to the requirements of the California Building and Plumbing Codes and shall connect to the sewer system by a manhole connection at the front property line. All additional sewer connection fees shall be payable prior to city approval of the condominium final map.
e. All systems of the structures, including but not limited to structural, electrical, plumbing, mechanical, fire and life safety, shall comply with all applicable statutes, ordinances, rules, and regulations.
f. A separate irrigation meter for common areas will be required. g. Back flow devices and fire sprinklers may be required if the existing structure is three or more stories.

6. Each dwelling unit shall have a separate water heater unless there is one central

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 495 of 831 64 circulating water heating system serving all dwelling units on the property and such system shall provide sufficient capacity to serve all dwelling units. The Building Official shall determine that said heating system is adequate.

7. Each unit shall be separated from adjacent units by two one-hour fire walls or an approved automatic fire sprinkler system as approved by the Fire Chief and Building Official. Alternative methods which achieve a two-hour equivalency rating may be considered if approved by the Fire Chief and Building Official.

8. All dwelling units shall comply with current statutes, ordinances, rules and regulations for energy conservation, sound transmission, control and fire detection systems that apply to all new residential construction except that the Building Official may approve an alternative material, method of construction or work provided it is determined and found that such alternative material, method of construction or work offered is at least equivalent to the prescribed by the applicable statues, ordinances, rules and regulations in quality, strength, effectiveness, fire resistance, durability or safety.

9. The developer shall provide to each purchaser of a unit certification of insurance, guaranty or warranty covering the operation, appliances and usability of all elements of the building, including but not limited to the structural, mechanical, electrical, plumbing, roofing elements and approval for period of not less than one year from the date of final building permits approval and shall declare under penalty of perjury that such certificate has been so provided.

10. Residential and/or common structures shall have plumbing in sound condition, insulation of all water heaters, and pipes for circulated hot water where feasible and adequate, and protected trash areas.

11. Yard and height requirements. All projects shall comply with property development standards for the district in which the project is to be located, provided that nothing in this section shall be construed to prohibit the imposition of more restrictive requirements as a condition of approval by the Planning Commission when necessary to protect the public health, safety, or general welfare, based upon appropriate findings.

12. The project shall comply with Chapter 11A of the California Building Code, which addresses accessibility. This could include new or reconstructed paths, ramps, and accessible parking spaces.

13. Impact fees. With the exception of applicable park fees, impact fees are not charged for subdivision of existing residential units. With park fees, the increment between the fee for a single-family attached dwelling and a multifamily dwelling is applicable.

14. Any other requirement and condition as may be imposed by the Planning Commission.

15. NOTE. Specific requirements will vary depending on the characteristics of each project. Other laws, regulations, and requirements may apply.

B. Findings and conditions of approval.

1. The Community Development Department shall prepare and deliver to the applicant a staff report including a staff recommendation for approval or denial, a listing of conditions or requirements recommended as a basis for approval, and supportive reasons or justifications for such recommendations.

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 496 of 831 65 2. Planning Commission approval shall be subject to the following findings:
a. The vacancy factor of the rental housing units in the city exceeds three percent of the total rental housing inventory. Existing rental units may be approved for conversion regardless of the vacancy factor if the Planning Commission determines that a new rental unit has or will be added to the city's housing inventory for each rental unit removed through conversion. b. The structural, electrical, fire, and life safety systems of the applicable structures and/or common structures are in a condition of good repair and maintenance, including such alterations or repairs as are required by the building official prior to the sale of the units.
c. The developer has complied with all other requirements and conditions in this Chapter.

3. Planning Commission approval shall be subject to the following conditions, in addition to any other condition required pursuant to this Chapter:
a. All tenants of the proposed condominium conversion project shall be given at least 120 days advance written notice including but not limited to the following:
i. Termination of their tenancy subsequent to Planning Commission approval of the conditional use permit; and
ii. The exclusive right of first refusal to purchase a unit at the time said units are offered to the general public and upon at least as favorable terms and conditions as said units are first offered to the general public. b. The developer shall mail written notice to all tenants residing in the project within 15 days after approval of any condominium conversion project. Such notice shall state all of the conditions of approval of the conditional use permit for the condominium conversion project.
c. The project shall be subject to design review approval. d. The developer shall comply with all other notices required by State law. § 5.18.06. HEARING AND STATE-MANDATED TENANT NOTICES.

A. No application for a residential condominium conversion shall be approved unless the applicant demonstrates compliance with all tenant notice and tenant rights requirements imposed by the Subdivision Map Act, including Government Code sections 66427.1, 66451.3, 66452.3, 66452.18, 66452.19, and 66452.20, as those sections may be amended from time to time.

B. The applicant shall provide, or demonstrate that it has provided or will provide, all notices required by Government Code section 66427.1, including the following:

1. Notice of intent to convert prior to tentative map filing. Written notification of intention to convert shall be provided to each tenant at least 60 days prior to the filing of a tentative map.

2. Notice regarding application for public report. Ten days’ written notification shall be provided to each tenant that an application for a public report will be, or has been,

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 497 of 831 66 submitted to the Bureau of Real Estate, that the period for the tenant’s right to purchase begins with issuance of the final public report, and that the report will be available on request.

3. Notice of receipt of public report. Written notification shall be provided to each tenant that the subdivider has received the public report from the Bureau of Real Estate. This notice shall be provided within five days after the subdivider receives the public report.

4. Notice after final map approval. Written notification shall be provided to each tenant within 10 days after approval of the final map for the proposed conversion.

5. Notice of intention to terminate tenancy. One hundred eighty days’ written notice of intention to convert shall be provided prior to termination of tenancy due to the conversion or proposed conversion, but not before approval of the tentative map for the conversion.

6. Exclusive right to purchase. Each tenant shall receive notice of an exclusive right to contract for the purchase of the tenant’s unit upon the same terms and conditions that the unit will initially be offered to the general public, or on terms more favorable to the tenant. The exclusive right shall commence on the date the subdivision public report is issued and shall run for a period of not less than 90 days, unless the tenant gives prior written notice of intent not to exercise the right.

C. In addition to the notices required under subsection B, notice of each public hearing required by the Subdivision Map Act for the proposed conversion shall be provided to all tenants as required by Government Code section 66451.3(b). The City shall mail notice of the date, time, place, and purpose of the hearing to all tenants residing in the proposed project not less than 10 days before the hearing, or such longer period as may be required by state law. The Community Development Department shall also post notice in a conspicuous location on the project site not less than 10 days before the hearing.

D. The applicant shall also comply with any requirement under Government Code section 66452.3 that the staff report or recommendation on the tentative map be served on tenants prior to action on the map.

E. The mailed and posted hearing notice required by subsection C shall include, at a minimum, all of the following:

1. The date, time, place, and purpose of the hearing.

2. A statement that, if the conversion is approved, the property owner may thereafter proceed in accordance with applicable law to terminate existing tenancies.

3. A statement that tenants are entitled to the notices and rights required by state law, including the notice periods and exclusive purchase right described in subsection B.

F. If a rental agreement was negotiated in Spanish, Chinese, Tagalog, Vietnamese, or

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 498 of 831 67 Korean, all written notices required by Government Code section 66427.1 shall be issued in that language.

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 499 of 831 68 CHAPTER 5.19 LOT SPLITS
§ 5.19.01. PURPOSE
The purpose of this section is to provide objective zoning standards for Urban Lot Splits within single-family residential zones, to implement the provisions of State law as reflected in Government Code Section 65852.21 et seq. and Section 66411.7 et seq., and to facilitate the development of new residential housing units consistent with the City of Indio General Plan and ensure sound standards of public health and safety.
§ 5.19.02. DEFINITIONS.

These definitions apply specifically to this section:

ADJACENT PARCEL. Any parcel of land that is (1) touching the parcel at any point; (2) separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or (3) separated from another parcel only by other real property which is in common ownership or control of the applicant.

CAR SHARE VEHICLE. A motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.

COMMON OWNERSHIP OR CONTROL. Property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent or more of the interest in the property.

SUFFICIENT FOR SEPARATE CONVEYANCE. As used in Section 5.19.03(B)(11) below, means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project), or into any other ownership type in which the dwelling units may be sold individually.

TWO-UNIT DEVELOPMENT. A development that proposes no more than two new units or proposes adding one new unit to one existing unit.

URBAN LOT SPLIT. A subdivision of an existing parcel into no more than two separate parcels that meets all the criteria and standards set forth in this Chapter. § 5.19.03. URBAN LOT SPLIT.

A. The Community Development Director shall ministerially review an application for a parcel map that subdivides an existing parcel to create no more than two new parcels in an Urban Lot Split, and shall approve the application if the criteria in Government Code Section 66411.7 and this section are satisfied.

B. Qualifying Criteria. Within the time required by the Subdivision Map Act, the Director shall determine if the parcel map for the Urban Lot Split meets all the following requirements:

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 500 of 831 69 1. The parcel is located within one of the following single-family residential zones, including: Desert Estates - 1 (DE-1), Desert Estates Transition - 3 (DET-3), Suburban Neighborhoods - 4 (SN-4), and Suburban Neighborhoods - 8 (SN-8).

2. The parcel being subdivided is not located on a site that is any of the following:
a. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
b. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
c. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by the City of Indio, pursuant to subdivision (b) of Section 51179 of the Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or State fire mitigation measures applicable to the development. d. A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
e. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by the building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.
f. Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable Federal qualifying criteria in order to provide that the site satisfies this subparagraph, the City of Indio shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the City of Indio that is applicable to that site. A development may be located on a site described in this subparagraph

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 501 of 831 70 if either of the following are met (1) the site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the City of Indio; or (2) the site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. g. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable Federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the City of Indio shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the City of Indio that is applicable to that site.
h. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
i. Habitat for protected species identified as candidate, sensitive, or species of special status by State or Federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
j. Lands under conservation easement.

3. Both resulting parcels are no smaller than 1,200 square feet.

4. Neither resulting parcel shall be smaller than 40 percent of the lot area of the parcel proposed for the subdivision.

5. The proposed lot split would not require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low- or very lowincome. b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c. A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 502 of 831 71 rent or lease within 15 years before the date that the development proponent submits an application.
d. Housing that has been occupied by a tenant in the last three years.

6. The parcel to be subdivided is/does not contain either of the following:
a. A contributing structure within a historic district included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or historic property or district pursuant to a city ordinance. b. A parcel individually listed as a historical resource included in the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a property individually designated or listed as a city landmark under a city ordinance.

7. The parcel being subdivided was not created by an Urban Lot Split as provided in this section.

8. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an Urban Lot Split as provided in this section.

9. The development proposed on the parcels complies with all objective zoning standards, objective subdivision standards, and objective design review standards as provided in Indio Municipal Code and Unified Development Code Chapter 2.02 Residential Zones, and as applicable to the parcel as provided in the zoning district in which the parcel is located; provided, however, that:
a. The Community Development Director, or their designee, shall waive or modify any standard if the standard would have the effect of physically precluding the construction of two units on either of the resulting parcels created pursuant to this Chapter or would result in a unit size of less than 800 square feet. Any modifications of development standards shall be the minimum modification necessary to avoid physically precluding two units of 800 square feet each on each parcel.
b. Notwithstanding subsection (9)(a) above, required rear and side yard setbacks shall equal four feet, except that no setback shall be required for an existing legally created structure or a structure constructed in the same location and to the same dimensions as an existing legally created structure. c. Number of units to be allowed on each parcel. No more than two dwelling units may be located on any lot created through an Urban Lot Split, including primary dwelling units, accessory dwelling units, junior accessory dwelling units, density bonus units, and units created as a two-unit development.

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 503 of 831 72 10. Each resulting parcel shall have access to, provide access to, or adjoin the public right-of-way. Shared driveways with reciprocal easements are encouraged. A driveway shall be a minimum of 15 feet wide to allow for clear access.

11. Proposed adjacent or connected dwelling units shall be permitted if they meet building code safety standards and are designed sufficient to allow separate conveyance. The proposed dwelling units shall provide a separate gas, electric and water utility connection directly between each dwelling unit and the utility.

12. Parking. One parking space shall be required per unit constructed on a parcel created pursuant to the procedures in this section, except that no parking may be required where:
a. The parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or
b. There is a designated parking area for one or more car-share vehicles within one block of the parcel.

13. Compliance with Subdivision Map Act. The Urban Lot Split shall conform to all applicable objective requirements of the Subdivision Map Act (commencing with Government Code Section 66410), except as otherwise expressly provided in Government Code Section 66411.7. Notwithstanding Government Code Section 66411.1, no dedications of rights-of-way or the construction of offsite improvements may be required as a condition of approval for an Urban Lot Split, although easements may be required for the provision of public services and facilities.

14. The correction of nonconforming zoning conditions may not be required as a

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 504 of 831 73 condition of approval.

15. Parcels created by an Urban Lot Split may be used for residential uses only and may not be used for rentals of less than 30 days.

16. If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300(d).

C. Owner-Occupancy Affidavit. The applicant for an Urban Lot Split shall sign an affidavit, in the form approved by the City Attorney, stating that the applicant intends to occupy one of the housing units on the newly created lots as its principal residence for a minimum of three years from the date of the approval of the Urban Lot Split. This subsection shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.

D. Additional Affidavit. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for an Urban Lot Split shall sign an affidavit, in the form approved by the city attorney, stating that none of the conditions listed in Section

5.19.03(B)(5) above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished) on a form prescribed by the City Attorney. The owner and applicant shall also sign an affidavit stating that neither the owner nor applicant, nor any person acting in concert with the owner or applicant, has previously subdivided an adjacent parcel using an Urban Lot Split.

E. Recorded Covenant. Prior to the approval and recordation of the parcel map, the applicant shall record a restrictive covenant and agreement in the form prescribed by the City Attorney, which shall run with the land and provide for the following:

1. A prohibition against further subdivision of the parcel using the Urban Lot Split procedures as provided for in this section;

2. A limitation restricting the property to residential uses only; and

3. A requirement that any dwelling units on the property may be rented or leased only for a period longer than thirty (30) days.

The City Manager or designee is authorized to enter into the covenant and agreement on behalf of the City of Indio and to deliver any approvals or consents required by the covenant.

F. Specific Adverse Impacts. In addition to the criteria listed in this section, a proposed Urban Lot Split may be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A “specific adverse impact” is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.

G. Enforcement. The City Attorney shall be authorized to abate violations of this Chapter

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 505 of 831 74 and to enforce the provisions of this Chapter and all implementing agreements and affidavits by civil action, injunctive relief, and any other proceeding or method permitted by law. Remedies provided for in this Chapter shall not preclude the City of Indio from any other remedy or relief to which it otherwise would be entitled under law or equity.

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 506 of 831 75 ARTICLE 6 ADMINISTRATION AND PROCEDURES
CHAPTER 6.01

PURPOSE
§ 6.01.01. Purpose. [9-21-2022 by Ord. 1782]
A. This Article establishes provisions and processes for the application, administration, review and approval, and permitting of all land use and development activities in the City of Indio subject to the regulations in this Development Code, except for applications related to the subdivision of land pursuant to the “Subdivision Map Act,” which can be found in Article 5 (Subdivision Regulations and Residential Condominium Conversions).

B. Chapter 6.02 (Review and Decision-Making Bodies) identifies and describes the responsibilities of the bodies that review and decide upon development applications, except for applications related to the subdivision of land, which can be found in Chapter

5.03 (Review Authority) of Article 5.

C. Subsequent chapters provide detailed information on procedures, applications, and permits.

D. In response to changes in State law, the City shall adopt regulations that follow the statutory guidance and direction. In the absence of codified regulations, the City shall follow the statutes as written.

CHAPTER 6.02

REVIEW AND DECISION-MAKING BODIES
§ 6.02.00. Purpose. [9-21-2022 by Ord. 1782]
The purpose of this Chapter is to identify the bodies, officials, and administrators with designated responsibilities under various chapters of the Development Code. Review authorities and procedures for subdivisions are provided in Article 5 (Subdivision Regulations and Residential Condominium Conversions). When carrying out their assigned duties and responsibilities, all bodies, administrators, and officials shall interpret and apply the provisions of this Ordinance as minimum requirements adopted to implement the policies and achieve the objectives of the General Plan.
§ 6.02.01. City Council. [9-21-2022 by Ord. 1782]
The powers and duties of the City Council under this Code include, but are not limited to, the following:

A. Consider and adopt, reject or modify amendments to the General Plan map and text pursuant to the provisions of Chapter 6.06 (General Plan and Zoning Amendments), and of the Government Code, following a public hearing and recommended action by the Planning Commission.

B. Consider and adopt, reject, or modify amendments to the Official Zoning Map and to the text of this Code pursuant to the provisions of Chapter 6.06 (General Plan and Zoning

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 507 of 831 76 Amendments), and the Government Code, following a public hearing and recommended action by the Planning Commission.

C. Hear and decide applications for development agreements, pursuant to Section 6.05.02 (Development Agreements).

D. Hear and decide on various subdivision applications pursuant to Section 5.03.01 (Review Authority) of Article 5.

E. Hear and decide appeals from decisions of the Planning Commission pursuant to Section 6.03.13 (Appeals).

F. Call for review a decision of the Director or Planning Commission pursuant to Section

6.03.12 (Calls for Review).

G. Appoint and remove members of the Planning Commission as provided for in Title III (Administration) of the Indio Municipal Code.

H. Establish, by resolution, a Municipal Fee Schedule listing fees, charges, and deposits for various applications and services provided, pursuant to this Code. § 6.02.02. Planning Commission. [9-21-2022 by Ord. 1782] The Planning Commission is established and organized pursuant to Chapter 32 (City Commissions) of the Indio Municipal Code and the requirements of the Government Code. The powers and duties of the Planning Commission under this Code include, but are not limited to the following:

A. Conduct hearings and make recommendations to the City Council on proposed amendments to the General Plan map and text, pursuant to Chapter 6.06 (General Plan and Zoning Amendments).

B. Conduct hearings, and make recommendations to the City Council on proposed amendments to the Official Zoning Map and to the text of this Code, pursuant to Chapter

6.06 (General Plan and Zoning Amendments).

C. Approve, conditionally approve, modify, or deny Conditional Use Permits, Planning Reviews, and Variances, pursuant to Chapter 6.04 (Permits and Approvals), and Section 6.04.06 (Administrative Variances and Variances).

D. Hear and decide on modifications to approved Conditional Use Permits, Planning Reviews, and Variances, pursuant to Section 6.03.16 (Modifications of Approved Plans).

E. Hear and decide on various subdivision applications pursuant to Section 5.03.01 (Review Authority) of Article 5.

F. Hear and decide proposals to revoke permits, pursuant to Section 6.03.17 (Revocation of Permits) following a public hearing.

G. Hear and decide appeals from decisions of the Community Development Director on decisions, determinations, or interpretations made in the enforcement of this Code and any other decisions that are subject to appeal, pursuant to Section 6.03.13 (Appeals).

H. Call for review a decision of the Director pursuant to Section 6.03.12 (Calls for Review).

I. Make environmental determinations on any approvals it grants that are subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 508 of 831 77 State law.

J. Such other duties and powers as assigned or directed by the City Council. § 6.02.03. Community Development Director. [9-21-2022 by Ord. 1782] The following powers and duties of the Community Development Director (the "Director") under this Ordinance include, but are not limited to the following:

A. Maintain and administer the Development Code, including processing of applications, abatements, and other enforcement actions.

B. Interpret the Development Code to members of the public and to other City Departments.

C. Prepare and effect rules and procedures necessary or convenient for the conduct of the Director's business. These rules and procedures shall be as approved by a resolution of the City Council following review and recommendation of the Planning Commission. They may include administrative details of hearings officiated by the Director (e.g., scheduling, rules of procedure and recordkeeping).

D. Issue administrative regulations for the submission and review of applications subject to the requirements of this Code and Government Code Section 65950 (Deadlines for Project Approval Conformance; Extensions).

E. As part of the building permit review, review applications for conformance with this Code and issue a zoning clearance letter when the proposed use, activity, or building is allowed by right and conforms to all applicable development and use standards.

F. Review applications for discretionary permits and approvals under this Code for conformance with applicable submission requirements and time limits.

G. Review applications for discretionary permits and approvals to determine whether the application is exempt from review under CEQA and notify the applicant if any additional information is necessary to conduct the review.

H. Hear and decide on various subdivision applications pursuant to Section 5.03.01 (Review Authority) of Article 5.

I. Process and make recommendations to the City Council on all applications, amendments, appeals, and other matters upon which the Council has the authority and the duty to act under this Code.

J. Process and make recommendations to the Planning Commission on all applications, appeals, and other matters upon which the Commission has the authority and the duty to act under this Code.

K. Conduct Administrative Planning Review pursuant to Section 6.04.03 (Planning Review).

L. Approve, conditionally approve, modify, or deny applications for Administrative Use Permits, pursuant to Chapter 6.04 (Permits and Approvals).

M. The Director may refer an application to the Planning Commission where required by this Code or where the application involves an interpretation, policy issue, or unusual circumstance not adequately addressed by objective standards..

N. Negotiate the components and provisions of development agreements for recommendation to the City Council.

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 509 of 831 78 O. Serve as Staff of the Planning Commission.

P. Investigate and make reports to the Planning Commission on violations of permit terms and conditions when the City has initiated revocation procedures.

Q. Delegate administrative functions to members of the Planning Division as deemed necessary.

R. Other duties and powers as may be assigned by the City Council or established by legislation.
§ 6.02.04. Summary of Review Authorities for Decisions and Appeals. [9-21-2022 by Ord. 1782]
Table 6.02.04-1 (Summary of Review Authorities for Decisions and Appeals) summarizes the powers and duties that each Review Authority has under this Code, except for procedures and applications related to the subdivision of land, which can be found in Chapter 5.03 (Review Authority) of Article 5. Where a land use project requires more than one type of application, all permit requests shall be reviewed and decided on by the highest Review Authority established for any of the applications. Numbers refer to notes at the bottom of the table.

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 510 of 831 79 TABLE 6.02.04-1: Summary of Review Authorities for Decisions and Appeals

PROCEDURE PRE-APPLICATION

COMMITTEE

REVIEW AND DECISION-MAKING
BODIES

DIRECTOR OR PLANNING

DESIGNEE COMMISSION

CITY COUNCIL
R = Review, RC = Recommendation, D = Decision, A = Appeal

GENERAL PLAN AND ZONING
Annexation R D
General Plan
Amendment (Text
or Map or Text and
Map)

R R RC D
Development
Code Text
Amendment

R R RC D
Zoning Map
Amendment

R R RC D
Specific Plan and
Project Master
Plans

R R RC D
Planned
Development

R R RC D

ENTITLEMENTS
Administrative Use
Permit
R D A
Administrative
Variance
R D A
Variance R R D A
Conditional Use
Permit

R R D A
Appeal of
Administrative
Decision
D A
Appeal of Planning
Commission
Decision
R D
Planning Review -
Ad-ministrative
R D A
Planning Review
— Ministerial
(Residential and
Mixed-Use)

R R D A
Planning Review -
Discretionary

R R D A
Home Occupation
Per-mit1
D
Temporary Use R D A

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 511 of 831 80 Permit
Sign Permit2 D A
Minor
Modifications to
Approved Permit
D A
Major
Modifications to
Approved Permit3
R D A
Permit Revocation R D A
Permit Extension D A

OTHER PROCEDURES
TABLE 6.02.04-1: Summary of Review Authorities for Decisions and Appeals

PROCEDURE PRE-APPLICATION

COMMITTEE

REVIEW AND DECISION-MAKING
BODIES

DIRECTOR OR PLANNING

DESIGNEE COMMISSION

CITY COUNCIL
R = Review, RC = Recommendation, D = Decision, A = Appeal CEQA
Environmental
Review

R R D D
Certificate of
Public
Convenience or
Necessity
R D
Development
Agreement

R R R D
Interpretations D A
Pre-Application
Conference
R R
Two-Unit
Development4 D A

1. See Section 4.15.03 (Home Occupation Permit; Issuance; Modification; and Revocation) for home occupation permit requirements and procedures.

2. See Section 3.05.09 (Sign Permits and Procedures) for sign permit requirements and procedures.

3. Major modifications are a Planning Commission action item only, not subject to public hearing.

4. See Chapter 4.28 (Two-Unit Developments) for regulations related to two-unit developments and Chapter 5.10 (Lot Splits) for additional regulations.

CHAPTER 6.03

COMMON PROCEDURES
§ 6.03.01. Purpose. [9-21-2022 by Ord. 1782]
This Chapter establishes procedures that are common to the application and processing of all permits and approvals provided for in this Code, unless superseded by specific requirement of

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 512 of 831 81 this Code or State law.
§ 6.03.02. Time Limits. [9-21-2022 by Ord. 1782]
Whenever a number of days is specified in the Code, or in any permit, condition of approval, or notice provided in this Article, the number of days shall be consecutive calendar days. § 6.03.03. Application Forms and Fees, and Reapplications. [9-21-2022 by Ord. 1782] A. Applicant.

Applications shall be made by the owner of property or the owner's authorized agent. If the application is made by someone other than the owner or the owner's agent, proof, satisfactory to the Director, of the right to use and possess the property as applied for, shall accompany the application.

B. Application Forms and Materials.

1. Application Forms.

The Director shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this Code.

2. Supporting Materials.

The Director may require the submission of supporting materials as part of the application, including but not limited to statements, photographs, plans, drawings, renderings, models, material samples and other items necessary to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to CEQA. Each permit application checklist lists the minimum necessary submittal materials for that particular type of permit.

3. Availability of Materials.

All material submitted becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the Planning Division offices. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.

C. Application Fees.

1. Schedule of Fees.

The City Council shall approve by resolution a Master Fee Schedule that establishes fees for permits, informational materials, penalties, copying, and other such items or applications authorized or required by this Code.

2. Payment of Fees.

All required fees shall be paid at the time an application is files and no application shall be accepted as complete and processed without payment of a fee unless a fee waiver has been approved.

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 513 of 831 82 3. Multiple Applications.

The City's processing fees are cumulative. For example, if an application for Planning Review also includes a Conditional Use Permit, both fees shall be charged.

4. Fee Waiver.

No fee shall be required when the applicant is the City, or if it is waived under any other provision of the Municipal Code.

5. Refund of Fees.

Application fees are refundable at the discretion of the Director with good cause unless otherwise provided for in the Indio Municipal Code or by policy of the City Council.

D. Reapplication.

An application shall not be accepted or acted upon if within the past 12 months the City has denied an application for substantially the same project on substantially the same real property, unless the Director finds one or more of the following circumstances to exist:

1. New Evidence.

There is new evidence that would support approving the project that was not presented at the previous hearing and could not have been previously discovered in the exercise of reasonable diligence by the applicant.

2. Substantial and Permanent Change of Circumstances.

There has been a substantial and material change of circumstances since the previous hearing that affects the applicant's real property. A change in circumstances could include, but is not limited to, change in infrastructure conditions, change in project proposal, change in environmental conditions, etc.

3. Mistake at Previous Hearing.

A verified factual mistake was made at the previous hearing that was a material factor in the denial of the previous application.
§ 6.03.04. Pre-Application Review and Conferences. [9-21-2022 by Ord. 1782] A. Purpose.

A Pre-Application Review is a review process and opportunity to:

1. Acquaint a potential application with information on relevant policies, code regulations, and other relevant criteria and procedures. This review is intended for large or complex projects and projects that are potentially controversial.

2. Provide a potential applicant with an early opportunity to meet with the City's PreApplication Committee to identify possible major issues and discuss the City's review processes to help expedite permit processing and approvals.

3. To acquaint City staff with a potential applicant and application.

B. Scope and Limitations.

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 514 of 831 83 1. A Pre-Application Review does not:
a. Vest an applicant under the existing rules and regulations adopted by the City in effect at the time of the pre-application conference meeting. b. Provide an exhaustive review of all potential issues. c. Bind or preclude the City from enforcing all applicable regulations or from applying regulations in a manner differently than may have been indicated in the pre-application meeting.
d. Constitute an approval in any manner of a proposal as the pre-application meeting is intended to be informational only.

2. Exemption from Permit Streamlining Act.

Pre-application review is not subject to the requirements of the California Permit Streamlining Act (the Act). An application that is accepted for pre-application review shall not be considered complete pursuant to the requirements of the Act unless and until the Director has received an application for approval of a development project, reviewed it, and determined it to be complete under Section 6.03.07 (Review of Applications).

3. Recommendations Are Advisory.

Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or denial of the application by City representatives. Any recommendations that result from preapplication review are considered advisory only and shall not be binding on either the applicant or the City.

C. Applicability and Requirements.

1. Applications for which Pre-Application Is Required.

A pre-application conference is required for all of the following before an application will be required for the processing of:
a. Conditional Use Permits.
b. Any project requiring Discretionary Planning Review. c. General Plan Text and/or Map Amendments.
d. Specific Plans.
e. Development Agreements.
f. Amendments to existing Specific Plans or Project Master Plans. g. Tentative Maps (see Chapter 5.05 (Tentative Maps)).
h. Variances.
i. Development Code and/or Zoning Map Amendments.

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 515 of 831 84 2. Applications for which Pre-Application Is Optional.

An applicant for a project not requiring Pre-Application Review may request such review. The Director may approve this optional review request provided that an application is filed and appropriate fee is paid.

D. Process and Procedures.

1. Review Procedure.

Planning staff shall facilitate the pre-application review process. The Director may consult with or request review by any City agency or official with interest in the application.

2. Application Submittal.

A request for Pre-Application Review shall be filed with the Community Development Department on a pre-established City form. The required fee shall be paid at the time of application.

3. Application Process.

A counter-completeness review shall be conducted at time of submittal. If all required information is present at time of submittal, the application shall be accepted for processing. An incomplete application shall not be accepted.

4. Pre-Application Meetings.

Following submittal of the Pre-Application Review application, the Community Development Department shall route the application to relevant review parties and schedule the pre-application conference meeting following consultation with the applicant regarding meeting availability. Staff from other City Departments and external agency service providers will meet with the applicant and representatives. Following the pre-application conference meeting, a written meeting summary may be prepared and distributed to the applicant and representatives, if applicable. The summary will be based upon the information that was presented to staff (i.e., what is submitted along with the Request form) and may identify applicable development regulations, policies, engineering design standards, key issues, requirements for special studies, and other information.
§ 6.03.05. (Reserved) [9-21-2022 by Ord. 1782]
§ 6.03.06. Environmental Review. [9-21-2022 by Ord. 1782] A. Environmental Review.

All projects shall be reviewed for compliance with or exemption from the California Environmental Quality Act (CEQA). Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code is amended, such amendments will govern City procedures.

1. Project Exempt from Environmental Review.

Within 30 days of the date the City has determined an application to be complete, a determination must be made whether the project is exempt from Environmental Review per State CEQA requirements.

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 516 of 831 85 2. Project for which a Negative Declaration or Mitigated Negative Declaration Is Prepared.

Within 60 days of the date a Negative Declaration or Mitigated Negative Declaration has been completed and adopted for project approval, the City shall take action on the accompanying discretionary project.

3. Project for which an EIR Is Prepared.

Within 180 days from the date the decision-making authority certifies a Final EIR, the City shall take action on the accompanying discretionary project.

B. AB 52 Consultation Requirement.

Per AB 52 (Native American Historic Resource Protection Act), Tribal Consultation requirements apply to all CEQA projects for which a Notice of Preparation, Notice of Mitigated Negative Declaration or Notice of Negative Declaration is filed on or after July 1, 2015. The following applies to all applicable projects:

1. The City authorized representative shall comply with the procedures specified in Public Resources Code (PRC) Sections 21080.3.1, 21080.3.2, 21082.3, and 21084.3 to notify, consult, and mitigate for any significant impacts to tribal cultural resources.

2. The City's authorized representative is the authorized representative of the City in all tribal consultation under State law.

3. The Community Development Department shall maintain a list of California Native American tribes, as defined in PRC Section 21073, which requested notification of discretionary projects under its jurisdiction pursuant to PRC Section 21080.3.1, subdivision (b)(1).

4. Within 14 days of determining that an application for a discretionary project is complete and the City is ready to undertake CEQA review, the City's authorized representative shall notify, by letter, all tribes that requested notification and afford them 30 calendar days to accept or decline consultation.

5. Within 30 days of receiving a written acceptance from a tribe, the City's authorized representative shall initiate consultation with the tribe.

6. The City's authorized representative shall take into consideration information provided by the tribe during consultation when making the required determinations of impact during the CEQA process, and shall conclude consultation as specified in Section 21080.3.2(b) of the PRC prior to adopting or certifying the CEQA document. § 6.03.07. Review of Applications. [9-21-2022 by Ord. 1782] A. Review Process.

1. Application Completeness.

The Director shall determine whether an application is complete within 30 days of the date the application is filed with the required fee. For the purposes of this Section, completeness shall not include a substantive of the quality, content or merit of the submitted items that shall be analyzed as part of the subsequent application review process. The Director shall notify the applicant in writing of the determination that

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 517 of 831 86 either all submittal requirements have been satisfied and the application is complete or additional information is necessary and the application is deemed incomplete (see Subsection B below).

B. Incomplete Application.

If an application is incomplete, the Director shall provide written notification to the applicant listing the applications for permit(s), forms, information, and any additional fees that are necessary to complete the application.

1. Zoning Ordinance Violations.

An application shall not be found complete if conditions exist on the site in violation of this Code or any permit or other approval granted in compliance with this Code, unless the proposed project includes the correction of the violations.

2. Appeal of Determination.

Determinations of incompleteness are subject to the provisions of Section 6.03.13 (Appeals), except there shall be a final written determination on the appeal no later than 60 days after receipt of the appeal. The fact that an appeal is permitted to both the Planning Commission and the City Council does not extend the 60-day period.

3. Submittal of Additional Information.

The applicant shall provide the additional information within the time limit specified by the Director, which shall be no later than 30 days. The Director may grant one extension of up to 90 days.

4. Resubmittal Review.

Upon receipt and resubmittal of any incomplete application, a new 30-calendar day period shall begin during which the Director shall determine the completeness of the application.

5. Expiration of Application.

If an applicant fails to correct the specified deficiencies within the specified time limit, the application shall expire and be deemed withdrawn. Unexpended fees, as determined by the Director, will be returned to the applicant. After the expiration of an application, project review shall require the submittal of a new, complete application, along with all required fees.

C. Complete Application.

When an application is determined to be complete, the Director shall make a record of that date.

If an application requires a public hearing, the Director shall schedule it in a timely manner and notify the applicant of the date and time.

D. Extensions.

The Director may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this Code.
§ 6.03.08. Public Notice. [9-21-2022 by Ord. 1782]
Unless otherwise specified, whenever the provisions of this Code require public notice, the City shall provide notice in compliance with State law as follows. Application types that require a

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 518 of 831 87 decision by or appeal to the Planning Commission or City Council require a public hearing, per Table 6.02.04-1 (Summary of Review Authorities for Decisions and Appeals). All projects requiring an Administrative Permit or public hearing(s) require public noticing as follows.

A. Mailed Notice for Administrative Permits.

For projects requiring an Administrative Permit, a mailed notice shall be delivered by First Class mail 10 days before the date of action to:

1. The applicant, the owner or owner's duly authorized agent, and any occupant of the subject property;

2. All property owners within a 500-foot radius of the subject property as shown on the latest available assessment roll, or a larger radius if deemed necessary by the Director in order to provide adequate public notification.

B. Mailed Notice for Public Hearings.

At least 10 days before the date of the public hearing, the Director, or the City Clerk for hearings before Planning Commission and/or City Council, shall provide notice by First Class mail delivery to:

1. The applicant, the owner or owner's duly authorized agent, and any occupant of the subject property;

2. Each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected;

3. All property owners of record within a minimum 500-foot radius of the subject property as shown on the latest available assessment roll or a larger radius if deemed necessary by the Director in order to provide adequate public notification;

4. All neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located; and

5. Any person or group who has filed a written request for notice regarding the specific application.

C. Newspaper Notice.

At least 10 days before the date of the public hearing, the Director or the City Clerk, for hearings before the Planning Commission and/or City Council, shall publish a notice in at least one newspaper of general circulation in the city.

D. Public Places.

At least 10 days before the date of the public hearing, the Director or the City Clerk, for hearings before the Planning Commission and/or City Council, shall publish a notice in at least three public places in the city including a minimum of one public notice sign on the property(ies) directly affected by the proceeding, per Subsection G (Standards and Specifications for Public Notice Signs).

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 519 of 831 88 E. Contents of Notice.

The notice shall include the following information:

1. The location of the real property, if any, that is the subject of the application;

2. A general description of the proposed project or action;

3. The date, time, location, and purpose of the public hearing or the date of action when no public hearing is required;

4. The identity of the hearing body or officer;

5. The names of the applicant and the owner of the property that is the subject of the application;

6. The location and times at which the complete application and project file, including any environmental impact assessment prepared in connection with the application, may be viewed by the public;

7. A statement that any interested person or authorized agent may appear and be heard;

8. A statement describing how to submit written comments;

9. For Council hearings, the Planning Commission recommendation; and

10. Other information required by specific provision of these regulations or which the City, through its Department Heads, may consider necessary or desirable.

F. Failure to Notify Individual Properties.

The validity of the proceedings shall not be affected by the failure of any property owner, resident or neighborhood or community organization to receive a mailed notice.

G. Standards and Specifications for Public Notice Signs.

1. Applicability.

All projects requiring an Administrative Permit or public hearings before the Planning Commission and/or City Council shall be required to post one or more public notice signs in accordance with the provisions herein.

2. Public Notice Sign Requirements.
a. Only public notice signs provided by the City of Indio shall be utilized. Any sign that is posted that is not provided by the City of Indio shall be deemed non-compliant with this Section. Each sign heretofore posted shall contain at a minimum a copy of the public notice, a copy of the submitted site plan, and for those projects requiring a public hearing, a copy of the public hearing notice.
b. A minimum of one non-illuminated sign shall be installed in accordance with the City of Indio Public Notice Sign Specifications published by the

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 520 of 831 89 Community Development Department as amended. The sign(s) shall be erected on or near the subject property facing each public right-of-way adjacent to the subject property and private easement or tract road providing primary vehicular access to the subject property and to any property that abuts the subject property. The Community Development Department shall approve the location of each sign.
c. The sign shall be placed in an area of the property most visible to the public, not more than five feet from the front property line in residential areas, and not more than three feet from the front property line in commercial and industrial areas.
d. At least one sign for every 500 feet of street frontage shall be displayed per street frontage of the subject property. The Director may reduce the number of signs, but the reduction shall be no less than one sign per street frontage. e. The Director may require the placement of notice boards in additional and/or alternative locations than the street frontage if, in his/her opinion, further public notice for the project will benefit the public safety, health and welfare and enhance the public's opportunity to be made aware and comment on a proposed land use action.

3. Sign Posting Acknowledgement.

A completed Sign Posting Acknowledgment form prepared and signed and dated by the applicant or an authorized representative of the applicant together with Photograph of Installed Signs form shall be submitted to the Community Development Department no later than three days following the pickup of the signs from the Department. This document shall be mailed or dropped off or emailed to the assigned Project Planner.

4. Timing of Installation.
a. Signs must be installed no later than five calendar days from the date of pickup from the Community Development Department. b. Posted signs are to physically remain on the property until the last decisionmaking action specified by Community Development Department. This shall include the timeframe for items that are required to obtain City Council approval.

5. Removal.
a. Signs shall be removed from the property no later than 10 days following the final action by the City of Indio.
b. A completed Sign Removal Acknowledgment form together with a completed Photograph of Removed Signs form prepared and signed and dated by the applicant or an authorized representative of the applicant shall be submitted to the Indio Community Development Department no later than three days following the physical removal of the signs. This document shall be mailed, dropped off or emailed to the assigned Project Planner.

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 521 of 831 90 6. Maintenance.

The applicant/owner shall be responsible for maintaining the notice board such that it is readable during the period of time it is required to be in place. If the board is damaged, defaced or otherwise made illegible, the applicant/owner shall replace the board with another obtained from the City. The applicant shall pay the replacement cost of such board.
§ 6.03.09. Public Hearings. [9-21-2022 by Ord. 1782]
A. Hearing Time and Notice.

1. The Community Development Director shall set the time and place of hearings required by this Code to be held by the Planning Commission. The Planning Commission may, however, change the time or place of a hearing, if necessary.

2. The City Clerk shall set the time and place of public hearings required by this Code to be held by the City Council, however the Council may change the time or place of a hearing.

B. Conduct of Public Hearings.

Whenever the provisions of this Ordinance require a public hearing, the hearing shall be conducted in compliance with the requirements in Indio Municipal Code Title III (Administration). § 6.03.10. Timing and Notice of Decision and Findings Required. [9-21-2022 by Ord. 1782] When making a decision to approve, approve with conditions, modify, revoke or deny any discretionary permit under this Code, the responsible authority shall issue a Notice of Decision and make findings of fact as required by this Code.

A. Date of Decision.

The responsible authority shall decide to approve, modify, revoke, or deny any administrative, ministerial, or discretionary permit following the close of the public hearing(s), or if no public hearing is required, within the time periods set by statutory requirements (e.g., Permit Streamlining Act, Housing Accountability Act). These deadlines do not apply to any action that has been called for review (per Section 6.03.12 (Calls for Review)) or appealed in accordance with Section 6.03.13 (Appeals). Time extensions may be granted pursuant to Section 6.03.15 (Expiration and Extension).

B. Notice of Decision.

After the Director or Planning Commission takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this Code, and the Calls for Review has ended, the Director shall issue a Notice of Decision. The Notice shall describe the action taken, including any applicable conditions, shall list the findings that were the basis for the decision, and shall include the procedure for appealing the decision. The Director shall file the Notice with the City Clerk and mail the Notice to the applicant, to the members of the City Council and the Planning Commission, and to any other person or entity that has filed a written request for such notification with the Planning Division.

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 522 of 831 91 C. Findings.

Findings, when required by State law or this Code, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit. § 6.03.11. Scope of Approvals. [9-21-2022 by Ord. 1782] A. Scope.

Any approval permits include only those uses and activities actually proposed in the application and exclude other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.

B. Conditions of Approval.

The site plan, floor plans, building elevations, and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process, shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties, or ensures compliance with the permit's plans and conditions in all respects.

C. Actions Voiding Approval.

If the construction of a building or structure or the use established is contrary to the description or illustration in the application, so as to either violate any provision of this Ordinance or require additional permits, then the approval shall be deemed null and void.

D. Periodic Review.

All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner or successor property owners to comply with such conditions. § 6.03.12. Calls for Review. [9-21-2022 by Ord. 1782]
A. Applicability.

Decisions by the Director on administrative actions shall be communicated to the Planning Commission as part of a regularly agendized item at the next meeting of the Planning Commission. Any calls for review shall be made as follows:

1. A majority of the Planning Commission may call for review of a decision of the Director.

2. A majority of the City Council may call for review of a decision of the Director or Planning Commission.

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 523 of 831 92 3. If a decision is called for review by both the Planning Commission and the City Council, the City Council shall conduct the review.

4. Such call for review shall not require any statement of reasons and shall not represent opposition to or support of a decision, application, or appeal.

B. Time Limits.

All administrative decisions made by the Director shall be placed on the agenda for the next meeting of the Planning Commission. Only after the Planning Commission has heard and agreed with any administrative decisions by the Director, and no call for review has been received, shall the Director issue a Notice of Decision to the applicant. A timely call for review shall stay the effectiveness of the Director’s decision until the reviewing body acts. If no call for review is filed within the applicable period, the Director’s decision shall become final.

C. Procedure.

1. Administrative Planning Review.

Where the call for review is regarding an Administrative Planning Review or other decision by the Director, the decision shall be communicated and any call for review shall be heard as part of a regular agendized item at the next meeting of the Planning Commission.

2. Use Permits and Other Discretionary Actions.

Where the call for review is regarding a Use Permit or other discretionary action, the call for review shall be processed in the same manner as an appeal by any other person. § 6.03.13. Appeals. [9-21-2022 by Ord. 1782]
A. Applicability.

Any action by the Director or Planning Commission in the administration or enforcement of the provisions of this Code may be appealed in accordance with this Section.

1. Appeals of Director Decisions.

Decisions of the Director may be appealed to the Planning Commission by filing a written appeal with the Planning Division.

2. Appeals of Planning Commission Decisions.

Decisions of the Planning Commission may be appealed to the City Council by filing a written appeal with the City Clerk.

B. Rights of Appeal.

Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this Ordinance.

C. Time Limits.

Unless otherwise specified in State or Federal law, all appeals shall be filed in writing within 15 days of the date which the action was taken. In the event an appeal period ends on a Saturday,

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 524 of 831 93 Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.

D. Fee.

An appeal shall be accompanied by a fee established by resolution of the City Council to cover the cost of processing the appeal.

E. Procedures.

1. Filing.

The appeal shall identify the decision being appealed and shall clearly and concisely state the factual reasons for the appeal. The appeal shall be accompanied by the required fee.

2. Proceedings Stayed by Appeal.

The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business licenses.

3. Transmission of Record.

Within 30 days of receipt of the appeal, the Director shall transmit to the City Clerk the application of appeal and copies of the application and all other papers and documents constituting the record upon which the Planning Commission or Staff made their decision.

The Director, or in the case of appeals to the City Council, City Clerk, shall schedule the appeal for consideration by the authorized hearing body in a timely manner. The Director shall prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.

F. Standards of Review.

When reviewing any decision on appeal, the appeal body shall use the same standards for decision-making required for the original decision. The appeal body may adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval.

G. Public Notice and Hearing.

Public notice shall be provided and the hearing conducted by the applicable appeal body pursuant to Chapter 6.03 (Common Procedures). Notice of the hearing shall also be given to the applicant and party filing the appeal and any other interested person who has filed with the City Clerk a written request for such notice. In the case of an appeal of a Planning Commission decision, notice of such appeal shall also be given to the Planning Commission. The Planning Commission may be represented at the hearing.

H. Action.

An action to grant an appeal shall require a majority vote of the hearing body members. A tie vote shall have the effect of affirming the decision from which the appeal was taken. § 6.03.14. Effective Dates. [9-21-2022 by Ord. 1782]

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 525 of 831 94 A final decision on an application for any approval subject to appeal shall become effective after the expiration of the 15-day appeal period following the date of decision, unless an appeal is filed pursuant to Section 6.03.13 (Appeals). No building permit or business license shall be issued until the 15th day following the date of the decision. If a different termination date is fixed at the time of granting, or if actual construction or alteration has begun under valid building permits, the 15-day period may be waived.
§ 6.03.15. Expiration and Extension. [9-21-2022 by Ord. 1782] A. Expiration.

The decision-maker, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continously pursued. If no time period is specified, any permit granted under this Code shall automatically expire if it is not exercised or extended within two years of its approval.

B. Exercise of Use Permit.

A permit for the use of a building or a property is exercised when, if required, a valid City business license has been issued, and the permitted use has commenced on the site.

C. Exercise of Building Permit.

A permit for the construction of a building or structure is exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.

D. Extensions.

The following applies to all development projects with the exception of projects that qualify for State Streamlined Ministerial Approval per Government Code Section 65913.4 (See Section

6.04.03E.6 (Permit Conditions)). The Director may approve a two-year extension of any permit or approval granted under this Code, as follows:

1. Process.

An application for extension shall be filed not less than 60 days prior to the expiration date of the permit or within two years of the date of approval, along with appropriate fees and application submittal materials.

2. Conditions.

The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved.

3. Permit Extension Findings.

The extension may be granted only when the Director finds that the original permit findings can still be made and there are no changed circumstances, or there has been diligent pursuit to exercise the permit that warrants such extension.

4. Expiration.

If the time limits are reached with no extension requested, or a requested extension is

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 526 of 831 95 denied or expires, the permit expires.
§ 6.03.16. Modification of Approved Plans. [9-21-2022 by Ord. 1782] No change in the use or structure for which a permit or other approval has been issued is permitted unless the permit is modified as provided for in this Code. For the purposes of this Section, the modification of a permit may include modification of a planning review approval.

A. Minor Modifications.

The Director may approve minor changes or modifications to approved plans provided that they meet the following:

1. They have no potential for significant offsite impacts and would not intensify any potentially detrimental effects of the project.

2. They are consistent with the original findings and conditions approved by the hearing body.

3. They do not change the use designated in the original use permit.

4. They are consistent with the development and design standards they were approved under.

5. They do not increase, reduce, or alter the size or shape of the premises beyond the following:
a. A five percent increase in building height;
b. A 10 percent increase in floor area or building coverage when calculated on a total, aggregate project basis; or
c. A 10 percent decrease in common open space.

B. Major Modifications.

The Planning Commission may approve major changes or modifications to approved plans provided that they meet the following. This is an action item only, not subject to public hearing.

1. They have no potential for significant offsite impacts and would not intensify any potentially detrimental effects of the project.

2. They are consistent with the original findings and conditions approved by the hearing body.

3. They do not change the use designated in the original use permit.

4. They are consistent with the development and design standards they were approved under.

5. They do not increase, reduce, or alter the size or shape of the premises beyond the following:
a. A 10 percent increase in building height;
b. A 15 percent increase in floor area or building coverage when calculated on a total, aggregate project basis; or

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 527 of 831 96 c. A 15 percent decrease in common open space.

C. New Application.

A request for changes in conditions of approval of a discretionary permit or a change in an approved site plan or building plan beyond those allowed under the thresholds for major modifications above shall be treated as a new application. § 6.03.17. Revocation of Permits. [9-21-2022 by Ord. 1782] Any permit granted under this Code may be revoked or modified for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated. Notwithstanding this provision, no lawful residential use can lapse regardless of the length of time of the vacancy.

A. Initiation of Proceeding.

Revocation proceedings may be initiated by the City Council, Planning Commission, or Director.

B. Public Notice, Hearings and Action.

After conducting a duly-noticed public hearing, the Planning Commission shall act on the proposed revocation.

C. Required Findings.

The Planning Commission may revoke or modify the permit if it makes any of the following findings:

1. The approval was obtained by means of fraud or misrepresentation of a material fact;

2. The use, building, or structure has been substantially expanded beyond what is set forth in the permit or substantially changed in character;

3. The use in question has ceased to exist or has been suspended for six months or more (see also Chapter 6.07 (Nonconforming Provisions));

4. There is or has been a violation of or failure to observe the terms or conditions of the permit or Variance, or the use has been conducted in violation of the provisions of this Code, or any applicable law or regulation; or

5. The use to which the permit or Variance applies has been conducted in a manner detrimental to the public safety, health and welfare, or so as to be a nuisance.

D. Notice of Decision.

Following Planning Commission action to revoke or modify a permit, the Director shall within 14 days issue a Notice of Decision describing the Commission's decision with its findings. The Director shall mail notice to the permit holder and to any person who requested the revocation proceeding.
§ 6.03.18. Interpretations and Determinations. [9-21-2022 by Ord. 1782] Requests for interpretations of this Code and verifications relating to prior approvals or permits

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 528 of 831 97 may be made to the Director. Requests shall be in writing. The decision of the Director on such requests may be appealed under Section 6.03.13 (Appeals).

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 529 of 831 98 CHAPTER 6.04

PERMITS AND APPROVALS
§ 6.04.01. Certificate of Occupancy. [9-21-2022 by Ord. 1782] A. Purpose.

This Chapter establishes procedures for issuing a Certificate of Occupancy to verify that buildings and the proposed use of land comply with all applicable building and health laws and ordinances and with the requirements of this Code.

B. Certificate of Occupancy Required.

No structure erected, moved, altered or enlarged after the effective date of this Code shall be occupied or used, and no site shall be occupied or used until a Certificate of Occupancy has been issued by the Building Official or staff person designated by the Director to perform such actions.

C. Application.

Application for a Certificate of Occupancy shall be filed with the Building Official prior to the erection, moving, alteration or enlargement of any structure and prior to the commencement of a new use or a change in use of any structure or site.

D. Issuance.

The Building official shall issue a Certificate of Occupancy upon receipt of written notice that the structure or site is ready for occupancy or use and after inspection, provided that the structure or site and the intended use conform with all applicable building and health laws, all required screening, landscaping, off-street parking and loading facilities have been completed, and all other conditions attached to the use permit, variance, and/or planning review have been met. § 6.04.02. Zoning Clearance (as part of Building Plan Check). [9-21-2022 by Ord. 1782] A. Purpose and Applicability.

The purpose of zoning clearance is to ensure that all new and modified uses and structures comply with applicable provisions of this Code, using simple administrative plan check procedures. Zoning clearance is required for all structures that require a building permit and for signs.

B. Review Authority.

The Community Development Director is the designated review authority for zoning clearance.

The Director approves, conditionally approves, or denies the zoning clearance in accordance with the requirements of this title.

C. Process.

1. General.

No application form is necessary for zoning clearance. This process will be conducted

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 530 of 831 99 by the Community Development Department as part of the building permit application review. If there are any fees required for this, the fee(s) shall be paid prior to the commencement of the zoning clearance review. Zoning clearance shall be granted only when the Director or his/her designee finds the proposal to be in conformance with all applicable provisions of this Code. The Director may modify plans in whole or in part, apply conditions of approval, or require guarantees to ensure compliance with applicable provisions of this Code. Building permits shall not be issued without zoning clearance approval.

2. Signs.

Sign permit requirements and procedures can be found in Section 3.05.09 (Sign Permits and Procedures).
§ 6.04.03. Planning Review. [9-21-2022 by Ord. 1782]
A. Purpose.

This Section establishes the planning review procedure to ensure that new development supports the goals and objectives of the General Plan and other adopted plans and guidelines.

The specific purposes of the planning review process are to:

1. Promote excellence in site planning and design and the harmonious appearance of buildings and sites;

2. Ensure that new and modified uses and development will be compatible with the existing and potential development of the surrounding area; and

3. Supplement other City regulations and standards in order to ensure control of aspects of design that are not otherwise addressed.

B. Applicability.

Planning review is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a structure, site, or a parking area except for:

1. Additions, construction, reconstruction, alterations, improvements, and landscaping for a project developed in compliance with a previous planning review approval;

2. Replacement of exterior materials, including openings, with the same materials; and Individual single-family homes and additions to single-family homes (see Section

6.04.02 (Zoning Clearance (as part of Building Plan Check)).

C. Procedures; Design Standards and Guidelines.

1. Forms and Fees.

Written applications for planning review applications shall be submitted to the Planning Division in compliance with the application procedures in Chapter 6.03 (Common Procedures).

2. Design Standards and Guidelines.

All projects shall be consistent with applicable design standards and/or guidelines.

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 531 of 831 100
a. Objective Design Standards.

Objective Design Standards, pursuant to State law, are required for housing development projects (defined as projects which consists of residential units only, mixed-use projects with 2/3 of the square footage dedicated to residential units, and transitional or supportive housing projects) requesting streamlined approval (see Subsection E (Planning Review - Ministerial)). If a project does not qualify for streamlining under State law, or if an applicant seeks exceptions or modifications to standards contained in this Code, the project becomes subject to the Discretionary Planning Review process (see Subsection F (Planning Review — Discretionary)). Standards are written with "shall" statements or similar language imposing a requirement to which projects must adhere.
b. Design Guidelines.

Design guidelines provide recommendations to be used in the Discretionary Planning Review process. Guidelines are written with "should" statements.

Project applicants may choose to forgo one or more design standards and instead meet the intent of the design standards and/or guidelines. Guidelines are design criteria subject to interpretation by the City during the Discretionary Planning Review process. The standards and any guidelines together are utilized during the City's Discretionary Planning Review process to encourage the highest level of design quality, while simultaneously providing the flexibility necessary to encourage creativity on the part of project designers. Projects are evaluated on the degree to which they comply with the intent of the standards and guidelines in this document, ultimately leading to Staff-level or Planning Commission decision and approval.

3. Concurrent Processing.

When a proposed project requires more than one permit application with more than one Review Authority, all project permits shall be processed concurrently as interrelated permits for a project and shall not be bifurcated. The highest designated Review Authority for all requested permits shall take final action on all permits. For example, the Planning Commission takes final action on a conditional use permit.

However, when processed in conjunction with a Specific Plan, the conditional use permit shall be reviewed and acted upon by the City Council in conjunction with the other application request(s). The Planning Commission provides recommendations to the City Council on both entitlement requests.

D. Planning Review — Administrative.

1. Applicability.

Administrative planning review applies to the following proposed uses or buildings allowed as a matter of right or through an Administrative Use Permit by this Code, so long as they conform to all the applicable development and use standards:
a. Commercial development projects 5,000 square feet or less in size. b. Industrial development projects 10,000 square feet or less in size.

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 532 of 831 101

2. Review Authority.

The Director shall be the review authority for administrative planning reviews. The Director may, at his/her discretion, refer any administrative application to the Planning Commission for a decision rather than acting on it himself/herself.

3. Application Review and Approval Process.

The Director will review the project against all applicable use, development, and design standards. If the Director determines that the proposed use or building is allowed as a matter of right by this Code, and conforms to all the applicable development and use standards, the Director shall issue an approval. Staff will draft a Findings and Notice of Decision document containing all relevant findings and conditions of approval.

E. Planning Review — Ministerial.

1. Applicability.

Ministerial planning review applies to the following types of proposed uses or buildings that qualify for streamlined ministerial planning review under California Government Code Sections 65650 et seq. ("State Supportive Housing Law"), 65660 et seq. ("State Low Barrier Navigation Centers Law"), and 65913.4 ("State Streamlined Ministerial Approval Process"):
a. Affordable housing developments (per SB 35).
b. Residential developments of two or more units and mixed-use developments in which two-thirds of the project's square footage is used for residential purposes (per Housing Crisis Act/SB 330).
c. Transitional or supportive housing (per SB 744/AB 2162). d. Low Barrier Navigation Centers (per SB 48).

2. Review Authority.

The Planning Commission shall have the authority to conduct ministerial planning reviews to make sure that a project complies with all applicable objective plans, regulations, policies, development and design standards.

3. Conditions for Approval.

Before approving an application for Ministerial Planning Review approval, the Planning Commission must make the following findings based on evidence i n the record, as applicable, that:
a. The housing development or Low Barrier Navigation Center is eligible for Ministerial Planning Review approval.
b. If the Ministerial Planning Review approval is based all or in part on the provision of Supportive Housing, a finding that all the requirements for a Supportive Housing development that are specified in the State Supportive Housing Law have been or will be met.
c. If the Ministerial Planning Review approval is for a Low Barrier Navigation Center, a finding that all the requirements for a Low Barrier Navigation Center that are specified in the State Low Barrier Navigation Centers Law have been or will be met.

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 533 of 831 102
d. If the Ministerial Planning Review approval request is based all or in part on the State Streamlined Ministerial Approval process, a finding that all the requirements for a housing development approval that are specified in the State Ministerial Approval Process have been or will be met. e. If the application includes a request for a density bonus, incentive, waiver, or modification under the State Housing Density Bonuses and Incentives Law, a finding that all the requirements for density bonuses and/or other incentives that are specified in the State Housing Density Bonuses and Incentives Law have been or will be met.
f. If the project complies with all applicable objective plans, regulations, policies, development standards and Objective Design Standards.

4. Conditions for Denial.
a. The Planning Commission may deny an application for Ministerial Planning Review Approval if the findings required by Subsection E.3 above, as applicable, cannot be made.
b. The Planning Commission may deny a Ministerial Planning Review Approval if doing so would be contrary to State and Federal law, and if this finding is made in writing.
c. Nothing in this Section limits the City's right to deny an affordable housing project under Government Code Section 65589.5.

5. Application Review and Approval Process.
a. Affordable Housing Streamlined Ministerial Approval (per SB 35).

If the project is an affordable housing development that qualifies for Streamlined Ministerial Planning Review under SB 35, then the project will be evaluated by Staff for compliance with all applicable objective plans, regulations, policies, development standards and Objective Design Standards. If the project is in compliance, the City will issue an approval within the required timeline.
b. Streamlined Ministerial Approval.

If a project qualifies for streamlined ministerial approval, staff will review the application to determine compliance with all applicable and objective plans, regulations, policies, development standards and design standards. i. If Staff determines the project to be in compliance with all applicable and objective plans, regulations, policies, development and design standards then the project goes to Planning Commission for its final consideration and approval. The Planning Commission may consider the entire project (site plan, floor plan, elevations, landscaping, context, etc.), but ultimately cannot impose conditions that would have the effect of "impacting the development's ability to provide housing," (i.e., precluding the applicant's ability to achieve the proposed density). The Planning Commission may make recommendations or impose subjective conditions if the condition does not

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 534 of 831 103
impact the project's ability to provide housing, such as physically or financially impacting the proposed density. The applicant may submit justifications regarding how any such conditions may impact the density of the project.
ii. If Staff determines the project is not in compliance, they shall provide the applicant with written documentation identifying the specific provision(s) and an explanation of the reason for the inconsistency. The applicant then has several options for how to proceed:
a) The project applicant can make revisions to bring the project into compliance.
b) The project applicant can choose not to make revisions to the project, forfeits the benefits of Streamlined Ministerial Planning Review, and elects to follow the Discretionary Planning Review process. c) The project applicant may appeal the determination of non-compliance to the Planning Commission (see Section 6.03.13 (Appeals)).

6. Permit Conditions.
a. Term.

Unless otherwise required by State law, Ministerial Planning Review approvals shall automatically expire three years from the date of the final action establishing that approval, unless otherwise provided in the permit, from and after the date of issuance of the development permit if within such three-year period, pursuant to and in accordance with the provisions of the Ministerial Planning Review approval (Government Code Section 65913.4).

The duration of the approval may be extended as provided for in State law. b. Modifications.

Modifications to the development subsequent to the approval of a Ministerial Planning Review approval but prior to issuance of a final building permit shall be granted in compliance with State law (Government Code Section 65913.4).

F. Planning Review — Discretionary.

1. Applicability.

Discretionary planning review applies to all projects requiring Planning Commission approval (such as Conditional Use Permits and Variances) and all projects that do not qualify for administrative or ministerial planning review. If a project does qualify for streamlined ministerial approval under State law, but the applicant seeks exceptions or modifications to the City's standards, the project is subject to the Discretionary Planning Review process.

2. Review Authority.

The Planning Commission shall be the review authority for Discretionary Planning Reviews.

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 535 of 831 104

3. Reduction in Density or Floor Area Ratio Prohibited.

Planning review shall not result in a reduction in the residential density or the allowable square footage of a proposed project.

4. Discretionary Planning Review Criteria/Conditions of Approval.

When conducting planning review, the review authority shall evaluate applications to ensure that they satisfy the following criteria, conform to the policies of the General Plan and any applicable specific plan, project master plan or development agreement, objective design standards, and any adopted design guidelines, and are consistent with any other policies or guidelines the City Council may adopt for this purpose. In addition, outside agencies may impose conditions of approval, as applicable. To obtain planning review approval, projects must satisfy the following criteria/findings to the extent they apply.
a. General Plan Consistency.

Consistency with General Plan policies and any applicable specific plan, project master plan or development agreement.
b. Standards Consistency.

Consistency with applicable objective development standards and design standards and/or design guidelines adopted by the City Council. c. Overall Function and Design.

The project design is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community. The overall design of the project, including its scale, massing, site plan, exterior design, and landscaping, will enhance the appearance and features of the project site and surrounding natural and built environment.
d. Site Design.

Structures within the development and between the structures and the site relate to one another. Proposed structures and related site development improvements (e.g., access, parking, grading, etc.) relate and connect to existing development in the vicinity. The site is designed to promote efficient circulation and encourage a range of transportation modes by providing safe and convenient routes for pedestrians and cyclists. Projects incorporate necessary utilities and service areas (e.g., refuse and recycling enclosures) such that they are compatible with the overall design of the project and minimize visual impacts.
e. Building Design.

Buildings are designed to mediate scale, massing, and bulk, reflect a human scale design, and enhance the pedestrian experience through building modulation and facade articulation treatments. The project architecture is harmoniously integrated internally and in relation to the architecture in the vicinity in terms of colors and materials, scale, and building design. The design is sensitive to and compatible with historic and low-density or sensitive uses in the vicinity.
f. Streetscape.

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The design of streetscapes, including street trees, lighting, and pedestrian furniture, is consistent with the intended character of the area. g. Parking.

Parking areas are designed and developed to provide adequate parking, buffer surrounding land uses, compliment pedestrian-oriented development, enhance the environmental quality of the site (e.g., by minimizing stormwater run-off and the heat-island effect), and achieve a safe, efficient, and harmonious development. Parking areas are properly sited, designed, and screened to minimize the impacts of parking and vehicles on the pedestrian experience.
h. Screening and Fencing/Walls.

Fences, walls, and other visual screening elements are made of high-quality materials, add visual interest, are compatible with the character of surrounding development, and help community members differentiate between public and private property. Appropriate screening is provided between incompatible uses.
i. Lighting.

Lighting and lighting fixtures are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, and avoid creating glare. j. Landscaping.

Landscaping is designed to be compatible with and enhance the architectural character and features of the buildings on site, conserve water, provide buffers or screening, and help relate the building to the surrounding landscape.
k. Consistency and Compatibility.

Project details, materials, signage, and landscaping, are internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the proposed architectural design.
l. Public Art Component.

Public art is provided in satisfaction of Chapter 3.06 Art in Public Places. m. The project will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare.

G. Notice of Decision; Appeals; Expiration,
Extensions, and Modifications.

1. Notice of Decision.
a. Planning Review by the Director.

Where Planning Review is conducted by the Director, Notice of Decision shall be provided pursuant to Section 6.03.10 (Timing and Notice of Decision and Findings Required). The Director shall provide a report at every regularly scheduled Planning Commission meeting of administrative decisions made by the Director or his/her designee.

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b. Planning Review by the Planning Commission.

Where Planning Review is conducted by the Planning Commission, Notice of Decision of Planning Review shall be provided concurrently with the associated project approval (such as the Conditional Use Permit or Variance). See Section 6.03.10 (Timing and Notice of Decision and Findings Required).

2. Appeals.

Planning Review decisions are subject to the appeal provisions of Section

6.03.13 (Appeals).

3. Expiration, Extensions, and Modifications.

Planning Review approval is effective and may only be extended or modified as provided for in Chapter 6.03 (Common Procedures).
§ 6.04.04. Use Permits [9-21-2022 by Ord. 1782]
A. Purpose.

The Use Permit review and approval process is intended to apply to uses that are generally consistent with the purposes of the zoning district where they are proposed but require special consideration to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties.

B. Applicability.

Approval of a Use Permit is required for uses or developments specifically identified in Article 2 (Zone Regulations) and/or any other section of this Code which requires a Use Permit.

C. Review Authority.

1. Administrative Use Permits.

The Director shall approve, conditionally approve, or deny applications for Administrative Use Permits based on consideration of the requirements of this Chapter. The Director may, at his/her discretion, refer any application for an Administrative Use Permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the Planning Commission for a decision rather than acting on it himself/herself. In that case, the application shall be processed as a Conditional Use Permit.

2. Conditional Use Permits.

The Planning Commission shall approve, conditionally approve, or deny applications for Conditional Use Permits based on consideration of the requirements of this Section.

D. Application Requirements.

Applications for Use Permits shall be filed with the Planning Division on the prescribed application forms. In addition to any other application requirements, the application for a Use Permit shall include data or other evidence in support of the applicable findings required by Subsection F (Required Findings), below.

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E. Public Notice and Hearing.

1. Conditional Use Permits.

All applications for Conditional Use Permits shall require public notice and hearing before the Planning Commission pursuant to Chapter 6.03 (Common Procedures).

2. Administrative Use Permits.

Administrative Use Permit applications do not require public hearings, but do require public noticing per Section 6.03.08 (Public Notice).

F. Required Findings.

The decision-maker must make all of the following findings in order to approve or conditionally approve a Use Permit application. The inability to make one or more of the findings is grounds for denial of an application.

1. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Code and all other titles of the Municipal Code;

2. The proposed use is consistent with the General Plan and any applicable Specific Plan;

3. The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;

4. The proposed use complies with any design or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of this Code;

5. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity; and

6. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.

G. Conditions of Approval.

In approving a Use Permit, the decision-maker may impose reasonable conditions or restrictions deemed necessary to:

1. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;

2. Achieve the general purposes of this Code or the specific purpose of the zone in which the project is located;

3. Achieve the findings for a Use Permit listed in Subsection F (Required Findings), above; or

4. Mitigate any potentially significant impacts identified as a result of environmental review conducted in compliance with CEQA.

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In addition, the City may impose conditions or restrictions, as applicable, from external review agencies. The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

H. Notice of Decision; Appeals; Expiration, Extensions, and Modifications.

1. Notice of Decision.

Notice of Decision shall be provided pursuant to Section 6.03.10 (Timing and Notice of Decision and Findings Required).

2. Appeals.

A decision of the Director may be appealed to the Planning Commission and a decision of the Planning Commission may be appealed to the City Council, as provided in Section 6.03.13 (Appeals).

3. Expiration, Extensions and Modifications.

Use Permits are effective and may only be extended or modified as provided for in Chapter 6.03 (Common Procedures).
§ 6.04.05. Temporary Use Permits [[9-21-2022 by Ord. 1782] A. Purpose and Applicability.

This Chapter establishes a process for review and approval of certain uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur. A Temporary Use Permit is required prior to establishing, commencing, or engaging in any of the temporary uses specified in Section 4.27.04 (Allowed Temporary Uses and Associated Standards) and Article 2 (Zone Regulations).

B. Review Authority.

The Director shall act as the Review Authority for Temporary Use Permits based on consideration of the requirements of this Section.

C. Application.

Unless specified otherwise in Chapter 4.27 (Temporary Uses), an application for a Temporary Use Permit shall be submitted at least 30 days before the use is intended to begin, pursuant to Section 6.03.03 (Application Forms and Fees, and Reapplications).

D. Required Findings.

The Director must make the following findings to approve or conditionally approve a Temporary Use Permit application. The inability to make one or more of the findings is grounds for denial of an application.

1. The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the City;

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2. The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas; and

3. The proposed use meets all of the standards specified in Section 4.27.04 (Allowed Temporary Uses and Associated Standards).

E. Conditions of Approval.

The Director may impose reasonable conditions deemed necessary to ensure compliance with the findings for a Temporary Use Permit listed in Subsection D (Required Findings) above, including, but not limited to:

1. Regulation of ingress, egress, and traffic circulation;

2. Regulation of fire protection and access for fire vehicles;

3. Regulation of lighting and signage;

4. Regulation of hours of operation, staffing, or other aspects of the use; and

5. Removal of all trash, debris, temporary structures, and electrical service.

In addition, the City may impose conditions or restrictions, as applicable, from external review agencies. The Director may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
§ 6.04.06. Administrative Variances and Variances [9-21-2022 by Ord. 1782] A. Purpose.

This Chapter is intended to provide a mechanism for relief from the strict application of this Ordinance where this will deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions.

B. Applicability.

Variances may be granted to vary or modify dimensional and performance standards, but Variances may not be granted to allow uses or activities that this Ordinance does not authorize for a specific lot or site.

C. Application Requirements.

Applications for an Administrative Variance or Variance shall be filed with the Community Development Department on the prescribed application forms in accordance with the procedures in Chapter 6.03 (Common Procedures). In addition to any other application requirements, the application for an Administrative Variance or Variance shall include data or other evidence showing that the requested Administrative Variance or Variance conforms to the required findings set forth in this Section.

D. Administrative Variances.

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This section sets forth the requirements for Administrative Variances, which are minor deviations from otherwise applicable standards when the small size of the modification requested, and the unlikelihood of any adverse effects on nearby properties or the neighborhood, make it unnecessary to complete a regular Variance process.

1. Review Authority.

The Director shall approve, conditionally approve, or deny applications for Administrative Variances based on the requirements and considerations in the Section.

2. Applicability and Requirements.

The Director may grant an Administrative Variance for adjustments from the development standards in this Code where, in his/her opinion, the intent of the ordinance can be achieved and equal performance obtained by granting an Administrative Variance. The authority to grant such variances shall be limited to requests that do not exceed a 20 percent deviation in the development standards for the following:
a. Lot area.
b. Lot width.
c. Required yards.
d. Parking regulations.
e. Encroachments into required yards.

3. Required Findings for Administrative Variances.

The Director may approve or approve with conditions an Administrative Variances application if all of the following findings are made.
a. There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zone, and that the granting of an Administrative Variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone;
b. The granting of the application is necessary to prevent a physical hardship which is not of the applicant's own actions or the actions of a predecessor in interest; c. The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and
d. The granting of the Administrative Variance will be consistent with the general purposes and objectives of this Code, any applicable specific plans, and of the General Plan.

4. Public Notice.

An application for an Administrative Variance shall require public noticing per Chapter

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6.03 (Common Procedures). An Administrative Variance application does not require a public hearing.

E. Variances.

1. Review Authority.

All other Variances that do not qualify as an Administrative Variance shall be reviewed and approved or denied by the Planning Commission based on consideration of the requirements of this Section.

2. Applicability.

All variances that do not meet the requirements for an Administrative Variance shall go through the Variance review and approval process.

3. Public Notice and Hearing.

An application for an Administrative Variance or Variance shall require public noticing and hearings before the Planning Commission per Chapter 6.03 (Common Procedures).

4. Required Findings for Variances.

After conducting a public hearing, the Planning Commission may approve or conditionally approve a Variance application if all of the following findings are made.

The Commission shall deny an application for a Variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination. a. There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zone, and that the granting of a Variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone;
b. The granting of the application is necessary to prevent a physical hardship which is not of the applicant's own actions or the actions of a predecessor in interest;
c. The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and
d. The granting of the Variance will be consistent with the general purposes and objectives of this Code, any applicable specific plans, and of the General Plan.

5. Conditions of Approval.

In approving a Variance, the Planning Commission may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Subsection E.4 (Required Findings for Variances) above, and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

F. Notice of Decision; Appeals; Expiration, Extensions, and Modifications.

1. Notice of Decision.

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Notice of Decision shall be provided pursuant to Section 6.03.10 (Timing and Notice of Decision and Findings Required).

2. Appeals.

The applicant or any other aggrieved party may appeal a decision on an Administrative or Variance pursuant to the provisions of Section 6.03.13 (Appeals).

G. Expiration, Extensions and Modifications.

1. Variances are effective and may only be extended or modified as provided for in Chapter 6.03 (Common Procedures).
§ 6.04.07. Reasonable Accommodation [9-21-2022 by Ord. 1782] A. Purpose.

This Chapter establishes the procedures to request Reasonable Accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act ("the Acts") in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval.

B. Applicability.

1. A request for Reasonable Accommodation may be made by any person with a disability, their representative, or any other entity, when the application of zoning law or other land use regulation, policy, or procedure acts as a barrier to fair housing opportunities.

2. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment.

3. A request for Reasonable Accommodation may include a change or exception to the practices, rules, and standards for the development, siting, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

C. Review Authority.

The Director shall act as the Review Authority for Reasonable Accommodation applications based on consideration of the requirements of this Section. Requests submitted for concurrent review with another discretionary land use application shall be reviewed by the Review Authority for the discretionary land use application.

D. Application.

An application for a Reasonable Accommodation shall be prepared, filed, and processed in compliance with Section 6.03.03 (Application Forms and Fees, and Reapplications). No noticing or public hearing are required for a Reasonable Accommodation request. In addition to

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any other information required under the City of Indio Municipal Code, an applicant submitting a request for Reasonable Accommodation must provide the following information:

1. Description of the accommodation request;

2. The applicant's name, address, and telephone number;

3. Location of the subject property, including address and assessor's parcel numbers;

4. Name and address of the property owner and the owner's written consent to the application;

5. The current actual use of the subject property;

6. Verifiable documentation of the individual's disability status;

7. The regulation(s), policy, or procedure for which accommodation is sought;

8. Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling; and

9. Additional information necessary for Planning Division staff to facilitate proper consideration of the request, consistent with fair housing laws.

E. Procedures.

The Director shall make a written determination within 90 days for non-concurrent review requests of the application being deemed complete and either approve, modify, or deny a request for Reasonable Accommodation in compliance with Subsection F (Required Findings), below. For concurrent review requests, the decision to approve, modify, or deny a request shall be made at the same time as the decision for the discretionary land use application(s).

F. Required Findings.

The Review Authority must consider all of the following factors in order to approve or deny a request for Reasonable Accommodation that will be consistent with the Acts.

1. Whether the housing, which is the subject of the request, will be used by an individual defined as disabled under the Acts;

2. Whether the request for Reasonable Accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

3. Whether the requested Reasonable Accommodation would impose an undue financial or administrative burden on the City; and

4. Whether the requested Reasonable Accommodation would require a fundamental alteration of a City program or law, including but not limited to land use and zoning.

G. Conditions of Approval.

In granting a request for Reasonable Accommodation, the Review Authority may impose any conditions of approval deemed reasonable and necessary to ensure that the Reasonable

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Accommodation would comply with the findings required herein. The conditions shall also state whether the accommodation granted shall terminate if the recipient of the accommodation was requested no longer resides on the property.

H. Appeals, Expiration, Extensions, and Revisions.

1. Appeals.

Reasonable Accommodation decisions may be appealed as provided for in Section 6.03.13 (Appeals).

2. Expiration, Extensions, and Revisions.

Reasonable Accommodations may only be expired, extended, or revised as provided for in Chapter 6.03 (Common Procedures). A Reasonable Accommodation shall terminate if the accommodation is no longer required, or if the recipient of the accommodation no longer resides at the property.
§ 6.04.08. Certificate of Public Convenience or Necessity [9-21-2022 by Ord. 1782] A. Purpose.

1. Public convenience or necessity is a tool for local governments and communities to limit the issuance of new Alcoholic Beverage Control (ABC) licenses and alcohol outlets.

Current State law limits the issuance of new licenses in geographical areas defined as areas of "undue concentration." New alcohol outlets can be allowed in areas of undue concentration only if it is determined by the City of Indio that they would serve a "public convenience or necessity" (PCN).

2. State law defines "undue concentration" in an area if either of the following conditions exists:
a. The proposed site is located in a district where there is a 20 percent greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency; or
b. The ratio of off-sale/on-sale retail licenses to population in the census tract or census division in which the applicant's premises is located exceeds the ratio of off-sale/on-sale retail licenses to population in the county in which the applicant's premises is located.

B. Review and Consideration Process.

1. Once the ABC has determined that a specific location is in an area of "undue concentration" for alcohol licenses and has notified the City of such, an applicant shall make application to the City and pay all required fees for the processing of a Certificate of Public Convenience or Necessity.

2. Upon receipt of the application and fee, the Community Development Department will route the application to all pertinent parties for review and comment on the requested Certificate.

3. Following the end of the review period, the Community Development Department shall

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schedule a public hearing before the City Council and conduct required public noticing in accordance with Section 6.03.08 (Public Notice).

C. Decision-Making Criteria.

Following the close of the City Council public hearing, the City Council shall issue a decision approving, conditionally approving, or denying the Certificate of Public Convenience or Necessity. In reaching its decision, the City Council shall make findings and shall consider the following factors:

1. Whether or not the proposed use is consistent with the General Plan and Development Code.

2. Whether or not the proposed use is compatible with the nature, condition, and character of adjacent land uses.

3. Whether or not the proposed use would have an adverse effect on adjacent land uses.

4. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity.

D. Conditions of Approval.

The City Council in issuing a decision to grant a Certificate may apply conditions of approval to address impacts resulting from alcohol related activities at the subject property.

CHAPTER 6.05

OTHER TYPES OF PLANS
§ 6.05.01. Planned Developments. [9-21-2022 by Ord. 1782] A. Purpose and Applicability.

This Section establishes procedures and requirements for Planned Developments. Additional information on the Planned Development Overlay (PD) zone can be found in Section 2.07.04 (Planned Development Overlay (PD)) of Article 2.

B. Review Authority.

A Planned Development (PD) Overlay Zone must be adopted by the City Council. A public hearing before the Planning Commission is required prior to City Council review, and the Planning Commission shall make a recommendation to the City Council.

C. Procedures.

1. Initiation.

An application for a PD Overlay Zone shall be initiated by a property owner or authorized agent, or by the Director, Planning Commission, or City Council. If the property is not under a single ownership, all owners must jointly file the application, and a map showing the extent of ownership shall be submitted with the application.

2. Application Contents.

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A qualified applicant shall apply for a PD Overlay Zone on a form prescribed by the Community Development Department accompanied by the required fee. The Director may require an applicant to submit additional information and supporting data as considered necessary to process the application.

3. Zoning Amendment.

An application for a PD Overlay Zone shall be processed as an amendment to the Zoning Map, according to the procedures of Chapter 6.06 (General Plan and Zoning Amendments), and shall include a PD Permit/Plan.

4. PD Permit.

A PD Permit is required and shall be processed in the same manner as a Conditional Use Permit application, pursuant to Section 6.04.04 (Use Permits).

5. Tentative Subdivision Map.

When a PD Permit requires the submission of a tentative subdivision map, this map and all supporting documents shall be prepared and submitted concurrently with the application of the PD.

D. Required Findings.

A PD Permit and subsequent PD Overlay Zoning Map Amendment shall only be approved if all of the following findings are made:

1. The proposed development is consistent with the General Plan and any applicable specific plan, including the density and intensity limitations that apply;

2. The subject site is physically suitable for the type and intensity of the land use(s) being proposed;

3. Adequate transportation facilities and public services exist or will be provided in accordance with the conditions of development plan approval, to serve the proposed development; and the approval of the proposed development will not result in an increase in traffic levels or a reduction of levels of public services so as to be a detriment to public health, safety, or welfare;

4. The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area;

5. The development generally complies with applicable adopted design standards and guidelines; and

6. The proposed development will achieve superior community design, environmental preservation and/or substantial public benefit as compared to the development that would occur under the standards applicable to the underlying base zone.

E. Conditions of Approval.

In approving a PD Permit and PD Overlay Zone, the Review Authority may impose reasonable conditions deemed necessary to:

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1. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies that the City has adopted;

2. Achieve the general purposes of this Code or the specific purpose of the zone in which the project is located;

3. Achieve the findings listed above; or

4. Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act.

F. Expiration and Extension.

1. Expiration.
a. PD Permit.

A PD Permit shall expire two years after the effective date unless actions specified in the conditions of approval have been taken, or a building permit has been issued and construction diligently pursued. An approved PD Permit may specify a development staging program exceeding two years. b. Tentative Map.

Where a tentative map has been approved in conjunction with a PD Permit, the PD Permit shall expire upon the expiration of the tentative map. c. Phased Development.

If the applicant intends to develop the project in phases, and the Review Authority approves phased development, the PD Permit shall remain in effect so long as not more than one year lapses between the end of one phase and the beginning of the next phase.

2. Extension.

The Director may approve extensions of time for PD Permits/Plans, including those approved by the Planning Commission or City Council, in accordance with the following:
a. Such extensions shall be approved only when it is found that the circumstances under which the permits were granted have not substantially changed.
b. At the discretion of the Director, such extensions shall be approved for not more than two years. Any requests for extensions beyond two years shall be reviewed by City Council.

G. Amendments of Approved Plans.

1. Amended Plans.

Amendments to a PD Overlay Zone or PD Permit/Plan may be requested by the applicant or its successors. Amendments to the approved Permit/Plan shall be classified as major or minor amendments. Upon receipt of an amendment application, the Director shall determine if the proposed amendment constitutes a major or minor amendment.

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2. Major Amendments.

Major amendments to an approved PD Overlay zone or PD Permit/Plan shall be considered by the City Council at a duly noticed public hearing. An amendment will be deemed major if it involves one or more of the following changes. a. A change in the boundary of the PD Overlay Zone;
b. An increase or decrease in the number of dwelling units for the PD Overlay Zone that is greater than the maximum or less than the minimum stated in the PD Permit/ Plan;
c. An increase or decrease in the floor area for any non-residential land use that results in the floor area exceeding the minimum or maximum stated in the PD Permit/Plan;
d. Any change in land use or density that is likely to negatively impact or burden public facilities and utilities infrastructure as determined by the Public Works Director;
e. Any change in land use or density that is likely to negatively impact or burden circulation adjacent to the PD Overlay Zone or to the overall major street system, as determined by the Public Works Director; or
f. Any other proposed change to the PD Permit/Plan or the conditions of approval that substantively alters one or more of its components as determined by the Director.

3. Minor Amendments.

Amendments not meeting one or more of the criteria listed in this Section shall be considered minor if they are consistent with and would not change any original condition(s) of approval. Minor Amendments may be approved by the Director.

H. Project Review.

Plans for a project in a PD Overlay Zone shall be accepted for planning and building permits or subdivisions only if they are consistent with an approved PD Permit/Plan and any conditions of approval. No project may be approved and no building permit shall be issued unless the project, alteration or use is consistent with an approved PD Permit. § 6.05.02. Development Agreements. [9-21-2022 by Ord. 1782] A. Purpose.

This Section establishes procedures and requirements for considering and entering into legally binding agreements with applicants for development projects, as provided for in State law. Such agreements provide a greater degree of certainty than the normal permit approval process by granting assurance that an applicant may proceed with development in accord with policies, rules, and regulations in effect at the time of the approval, subject to conditions to promote the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved.

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B. Applicability.

1. The City incorporates by reference the provisions of Government Code Sections 65864 through 65869.5. In the event of any conflict between those statutory provisions and this Chapter, the statutes shall control.

2. A development agreement may be considered for a proposed development that will require a developer to make a substantial investment at the early stages of the project for planning and engineering for the entire project and for public facilities and services.

C. Review Authority.

1. The Director shall negotiate the specific components and provisions of the Development Agreement on behalf of the City for Planning Commission review (if applicable) and recommendation to the City Council. The Director may request input from other affected Departments as needed.

2. If the Development Agreement involves a land use matter, the Planning Commission shall act as the advisory body and review the Development Agreement to provide recommendation to the City Council. If the Development Agreement does not involve a land use matter, it shall go directly to the City Council for review and decision-making.

3. The City Council shall act as the Review Authority, and after receiving recommendations from the Planning Commission (if the development agreement involves a land use matter), may adopt, reject, or modify a Development Agreement based on consideration of the requirements of this Chapter.

D. Procedures.

An applicant for a development project may request that the City review the application as a Development Agreement application in accordance with the following procedures. The City incorporates by reference the provisions of Government Code Sections 65864 through 65869.5.

In the event of any conflict between these statutory provisions and this Section, this Section shall control.

1. Application Requirements.

Applications for Development Agreements shall be filed with the Community Development Department in accordance with the provisions set forth in Section

6.03.03 (Application Forms and Fees, and Reapplications). In addition to any other application requirements, the application for a Development Agreement shall include data or other evidence in support of the applicable findings required by Subsection G (Required Findings) of this Section.

2. Contents of Development Agreements.
a. Required Contents.

A Development Agreement shall specify its duration, the permitted uses of the subject property, the general location and density or intensity of uses, the general location, maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. It shall contain provisions concerning its transferability (assignment).

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b. Additional Contents.

Development Agreements may also include the following:
i. Improvements and Fees.

A Development Agreement may include requirements for construction and maintenance of onsite and offsite improvements or payment of fees in lieu of such dedications or improvements.
ii. Conditions.

A Development Agreement may also include conditions, terms, restrictions, and requirements for subsequent discretionary actions but does not eliminate the applicant's responsibility to obtain all required land use approvals.
iii. Phasing.

A Development Agreement may provide that the project be constructed in specified phases, that construction shall commence within a specified time, and that the project or any phase thereof be completed within a specified time.
iv. Financing.

If the Development Agreement requires applicant financing of necessary public facilities, it may include terms relating to subsequent reimbursement over time for such financing.
v. Indemnity.

A Development Agreement may contain an indemnity clause requiring the applicant to indemnify and hold the City harmless against claims arising out of or in any way related to the actions of applicant in connection with the application or the development process, including all legal fees and costs.
vi. Performance Obligation Fees.

A Development Agreement may include provisions to guarantee performance of obligations stated in the agreement.
vii. Other Items.

Other components and provisions as negotiated by the City.

3. Application Completeness.

The Director shall review the application to determine whether or not it is complete. If it is found that the application is complete, the Director shall accept it for filing. If the application is found to be incomplete, the Director shall refuse to accept the application for filing and shall inform the applicant in writing of the items necessary to properly complete the application.

4. Concurrent Processing.

It is the intent of this Section that the application for a Development Agreement will be made and considered simultaneously with the review of other necessary applications, including, but not limited to Development Code text amendments, rezoning, Planned

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Development permits, and Conditional Use Permits. If combined with an application for rezoning, Planned Development, or Conditional Use Permit, the application for a Development Agreement shall be submitted with said application and shall be processed, to the maximum extent possible, jointly to avoid duplication of hearings and repetition of information. A Development Agreement is not a substitute for, nor an alternative to, any other required permit or approval, and the qualified applicant or developer must comply with all other required procedures for development approval.

E. Planning Commission Hearings and Recommendations.

1. Notice.

Public notice of hearings by the Planning Commission for a Development Agreement shall be given as specified in Section 6.03.08 (Public Notice). Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.

2. Hearing.

The Planning Commission shall conduct a public hearing for making recommendations to the City Council in conformance with the provisions of Section 6.03.08 (Public Notice).

3. Recommendation to Council.

Following the public hearing, the Planning Commission shall make a written recommendation on the proposed Development Agreement. The Director shall transmit the Planning Commission's written recommendation and complete record of the application to the City Council for action.

F. City Council Hearings and Actions.

1. Applicant Execution of Agreement.

A proposed Development Agreement shall be executed by the Applicant before it is placed before City Council for consideration at a public hearing.

2. Notice.

Public notice of hearings by the City Council for a Development Agreement shall be given as specified in Section 6.03.08 (Public Notice). Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.

3. Hearing.

After receiving the report from the Planning Commission but no later than the time specified by Section 65943 of the Government Code, the City Council shall hold a public hearing in conformance with the provisions of Section 6.03.09 (Public Hearings).

4. Decision.

After the City Council completes the public hearing, the City Council shall approve, modify, or deny the Development Agreement. Approval of a Development Agreement shall be by ordinance. The ordinance shall refer to and incorporate by reference the text of the Development Agreement. Matters not previously considered by the Planning Commission during its hearing may, but need not, be referred to the Planning

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Commission for report and recommendation. The Planning Commission may, but need not, hold a public hearing on matters referred to it by the City Council.

G. Required Findings.

After the public hearing, the City Council may approve, modify or disapprove the proposed Development Agreement. The City Council shall make the following findings for the approval of a Development Agreement:

1. The proposed Development Agreement and its provisions are consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan. This requirement may be satisfied by a finding that the provisions of a proposed Development Agreement are consistent with proposed General Plan or specific plan provisions to be adopted concurrently with the approval of the proposed Development Agreement.

2. The proposed Development Agreement and its provisions will not adversely affect the orderly development of property or the preservation of property value.

3. The proposed Development Agreement and its provisions will not be detrimental to the health, safety and general welfare.

H. Execution and Recordation.

Within 10 days after the ordinance approving the Development Agreement takes effect, the City Manager or his/her designee shall execute the Development Agreement on behalf of the City.

The City Clerk shall record the fully executed Development Agreement with the County Recorder.

I. Periodic Review.

The applicant shall be required to demonstrate compliance with the provisions of the Development Agreement at least once a year, at which time the City Manager or his/her designee shall review each approved Development Agreement. The City Manager shall provide a written report to the City Council on the status and performance of each Development Agreement.

1. Finding of Compliance.

If the City Manager or his/her designee, based on substantial evidence, finds compliance by the applicant with the provisions of the Development Agreement, no action is required.

2. Finding of Noncompliance.

If the City Manager or his/her designee finds the applicant has not complied with the provisions of the Development Agreement, the Director may issue a finding of noncompliance which may be recorded by the City with the County Recorder after it becomes final. The Director shall specify in writing to the applicant the respects in which the applicant has failed to comply and shall set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If the applicant does not comply with any terms of compliance within the prescribed time

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limits, the Development Agreement shall be subject to termination or revision pursuant to this Chapter.

3. Appeal of Determination.

Within 10 days after issuance of a finding of noncompliance, any interested person may file a written appeal of the finding with the City Council. The appellant shall pay fees and charges for the filing and processing of the appeal in amounts established by resolution of the City Council. The appellant shall specify the reasons for the appeal.

The issuance of a finding of compliance or finding of noncompliance and the expiration of the appeal period without appeal, or the confirmation by the City Council of the issuance of the finding on such appeal, shall conclude the review for the applicable period and such determination shall be final.

J. Amendment or Cancellation.

1. Mutual Agreement.

Any Development Agreement may be canceled or amended by mutual consent of the parties following compliance with the procedures specified in this Section. A Development Agreement may also specify procedures for administrative approval of minor amendments by mutual consent of the applicant and City Manager or his/her designee.

2. After Finding of Noncompliance.

If a finding of noncompliance does not include terms of compliance, or if the applicant does not comply with the terms of compliance within the prescribed time limits, the City Manager or his/her designee may refer the Development Agreement to the City Council for termination or revision. After the public hearing, the City Council may terminate the Development Agreement, modify the finding of noncompliance, or rescind the finding of noncompliance and issue a finding of compliance.

3. Recordation.

If the parties to the agreement or their successors in interest amend or cancel the Development Agreement, or if the City terminates or modifies the Development Agreement for failure of the applicant to fully comply with the provisions of the Development Agreement, the City Clerk shall record notice of such action with the County Recorder.

4. Rights of the Parties After Cancellation or Termination.

If a Development Agreement is cancelled or terminated, all rights of the applicant, property owner, or successors in interest under the Development Agreement shall terminate. If a Development Agreement is terminated following a finding of noncompliance, the City may, in its sole discretion, determine to return all benefits, including reservations or dedications of land and payments of fees received by the City.

K. Effect of Approved Agreement.

1. Existing Rules and Regulations.

Unless otherwise specified in the Development Agreement, the City's rules, regulations, and official policies governing permitted uses of the property, density and design, and improvement standards and specifications applicable to development of

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the property shall be those City rules, regulations, and official policies in force on the effective date of the Development Agreement.

2. Future Rules and Regulations.

A Development Agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations and policies that do not conflict with those rules, regulations and policies applicable to the property as set forth in the Development Agreement. A Development Agreement shall not prevent the City from denying or conditionally approving any subsequent land use project or authorization for the project on the basis of such rules, regulations, and policies.

Unless otherwise specified in the Development Agreement, a Development Agreement shall not exempt the applicant from obtaining future discretionary land use approvals.

3. State and Federal Rules and Regulations.

In the event that any regulation or law of the State of California or the United States, enacted or interpreted after a Development Agreement has been entered into, prevents or precludes compliance with one or more provisions of the Development Agreement, then the Development Agreement may be modified or suspended in the manner and pursuant to the procedures specified in the Development Agreement, as may be necessary to comply with such regulation or law.

L. Enforcement.

The procedures for enforcement, revision, cancellation, or termination of a Development Agreement specified in this Section and in Government Code Section 65865.4 or any successor statute are non-exclusive. A Development Agreement may be enforced, revised, cancelled, or terminated by any manner otherwise provided by law or by the provisions of the Development Agreement.
§ 6.05.03. Specific Plans. [9-21-2022 by Ord. 1782]
A. Purpose.

The purpose of this chapter is to provide a process for preparing, processing, reviewing, adopting, and amending Specific Plans in compliance with State law (Government Code Section 65450 et seq. or as this subsection may be amended/replaced from time to time).

B. Intent and Relationship to Zoning.

3. A Specific Plan shall be utilized to provide more flexibility to encourage a more creative development approach that will result in a more efficient, aesthetically pleasing, and desirable use of land than might be normally allowed under the zone and associated development standards applied to the property(ies).

4. A Specific Plan shall not be an alternative to adopted development regulations of the City unless an applicant can demonstrate that the specific plan achieves one or more of the following:

5. Provides for community benefits beyond those normally required under existing development regulations.

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6. Preserves open space, identified environmentally sensitive areas, natural vegetation and significant trees, watercourses, historic buildings and places and other features of value to the community.

7. Provides for efficient street and utility systems through the clustering of structures.

8. A Specific Plan adopted by ordinance shall replace the base zone for the subject property, and the development standards and guidelines identified in the Specific Plan shall take precedence over the general standards and guidelines contained in this Code.

C. Applicability.

At the discretion of the Director, a Specific Plan may be required under the following circumstances:

1. If the General Plan requires preparation of a Specific Plan for a particular geographic area;

2. For areas included within the City's sphere of influence and proposed for annexation to the City to address unique biological resources or create fiscal benefits for the city or enhance infrastructure; and

3. As a tool to assist in the comprehensive master planning of non-residential project sites.

D. Review Authority.

1. The Director shall negotiate the specific components and regulations of the Specific Plan on behalf of the City for Planning Commission review and recommendation to the City Council. The Director may request input from other affected Departments as needed.

2. The Planning Commission shall act as the advisory body and review the Specific Plan to provide recommendation to the City Council.

3. The City Council shall act as the Review Authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify a Specific Plan based on consideration of the requirements of this Section.

E. Minimum Project Area.

1. The minimum project area for a privately initiated Specific Plan shall be 100 acres. For publicly initiated Specific Plans, there shall be no minimum project area size.

2. The project area may be one parcel under single ownership or a combination of adjoining parcels subject to a unified planning concept with written concurrence of one or more applicable property owners.

F. Procedures.

1. Initiation and Pre-Submittal Requirements.

A Specific Plan may be initiated in the following manner:

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a. By City Council minute order direction;
b. By an application being filed by or on behalf of the owner(s) of one or more parcels which would be the subject of the Specific Plan. If initiated by an applicant, the following should first occur:

9. A pre-application conference shall be conducted before the filing of a Specific Plan with the City. Pre-application meetings shall be conducted in conformance with Section

6.03.04 (Pre-Application Review and Conferences).

2. Preparation and Content.
a. The applicant shall prepare a draft Specific Plan for review by the City that includes detailed information in the form of text and diagram(s), organized in compliance with State law (Government Code Section 65451). b. The following information shall be provided:
i. The distribution, location, and extent of land uses proposed within the area covered by the Specific Plan, including open space areas; ii. The proposed distribution, extent, intensity, and location of major components of public and private circulation/transportation, drainage, energy, sewers, solid waste disposal, water, and other essential facilities proposed to be located within the Specific Plan area and needed to support the proposed land uses;
iii. Standards, criteria, and guidelines by which development would proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;
iv. A program of implementation measures, including financing, regulations, programs, and public works projects, necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria;
v. A discussion of the relationship of the Specific Plan to the actions, goals, objectives, and policies of the adopted General Plan inclusive of detailed analysis as to how the Specific Plan complies with the actions, goals, objectives, and policies;
vi. The Specific Plan shall contain additional information deemed to be necessary by the Director based on the characteristics of the area to be covered by the plan, applicable actions, goals, objectives, and policies of the General Plan, or any other issue(s) determined by the Director to be significant.
a. The Specific Plan application shall be accompanied by a market study prepared by a qualified real estate professional and/or land use economist that analyzes the "highest and best use" land use considerations for the property(ies) being considered for the Specific Plan; and

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b. The Specific Plan application shall be accompanied by appropriate environmental analysis addressing compliance with the provisions of CEQA that assesses whether there will be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless findings are made in compliance with CEQA.

This environmental analysis may be accompanied by one or more relevant supporting studies addressing environmental topical areas including but not limited to transportation, air quality, biological resources, water quality, noise, aesthetics, and cultural resources.

3. Application Filing, Processing, and Review.
a. A draft Specific Plan and application shall be filed with the Community Development Department and shall be accompanied by written and graphic documents intended to substantiate the request on a form provided by the Department. The draft plan shall be processed in the same manner as required for general plans by State law.
b. The required fee established by the City's fee resolution shall be submitted at the same time as the application submittal.
c. After the filing of an application draft Specific Plan, the Director or his/her designee shall review the draft plan and associated documents to determine whether it is in compliance with the provisions of the submittal requirements for the processing for a Specific Plan.
d. If the application for the draft plan is not in compliance, a notice of incompleteness shall be issued to the applicant with written specification(s) as to why it does not comply and with suggested revisions to ensure compliance. e. When the applicant resubmits the required elements needed for a completeness determination to the department and the Director determines it is complete and in compliance with this Section, the proposed Specific Plan application shall be deemed to be accepted for processing.
f. The draft Specific Plan shall be subject to environmental review pursuant to the provisions of the CEQA.

4. Concurrent Processing.

It is the intent of this Section that the application for a Specific Plan will be made and considered simultaneously with the review of other necessary applications, including, but not limited to rezoning, planning review applications, and Conditional Use Permits. If combined with an application for rezoning, planning review application, or Conditional Use Permit, the application for a Specific Plan shall be submitted with said application and shall be processed, to the maximum extent possible, jointly to avoid duplication of hearings and repetition of information. A Specific Plan is not a substitute for, nor an alternative to, any other required permit or approval, and the qualified applicant or developer must comply with all other required procedures for development approval. The applicant shall proceed at known risk and any decision for the other associated applications shall be contingent upon the City Council's approval of the

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Specific Plan.

G. Planning Commission Hearings and Recommendations.

1. Notice.

Public notice of hearings by the Planning Commission for a Specific Plan shall be given as specified in Section 6.03.08 (Public Notice). Notice of the hearing(s) shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Specific Plan.

2. Hearing.

The public hearing(s) shall be held after transmittal to and receipt of comments from other City Departments and external review agencies, required noticing, as applicable, to Native American Indian tribes, the conduct of required environmental analysis and associated noticing, as applicable, and the conduct of required public noticing. The Planning Commission shall conduct one or more public hearings for making recommendations to the City Council in conformance with the provisions of Section

6.03.09 (Public Hearings).

3. Recommendation to City Council.

Following the conclusion of the public hearing process, the Planning Commission shall recommend to the City Council the approval, approval in modified form or disapproval based on making required findings per Subsection I (Required Findings) of this Section. The Director shall transmit the Planning Commission's written recommendation and complete record of the application to the City Council for final action.

H. City Council Hearings and Actions.

1. Notice.

Public notice of hearings by the City Council for a Specific Plan shall be given as specified in Section 6.03.08 (Public Notice). Notice of the hearing(s) shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.

2. Hearing.

After receiving the report from the Planning Commission but no later than the time specified in Section 65943 of the Government Code, the City Council shall hold a public hearing in conformance with the provisions of Section 6.03.09 (Public Hearings).

3. Decision.

After the City Council completes the public hearing(s), the City Council shall approve, modify, or deny the Specific Plan. Approval of a Specific Plan shall be by ordinance in compliance with State law (Government Code Section 65453). The ordinance shall refer to and incorporate by reference the text of the Specific Plan. If there are any substantial change(s) to the Specific Plan that were not considered by the Planning Commission at time of Council review and consideration, the Council may refer the Specific Plan back to the Commission for its recommendation on said changes, in compliance with State law (Government Code Section 65356). The failure of the Planning Commission to report within 45 days after the referral, or within the time set

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by the City Council, shall be deemed a recommendation for approval.

I. Required Findings.

After the public hearing, the City Council may approve, modify, or disapprove the Specific Plan.

The City Council shall make the following findings for the approval of a Specific Plan:

1. The proposed Specific Plan is consistent with the General Plan and all relevant elements and is not inconsistent with any element thereof;

2. The proposed Specific Plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the city;

3. The subject property(ies) proposed for the Specific Plan is physically suitable for the requested land uses and physical site development;

4. The Specific Plan provides for community benefits beyond those normally required under existing development regulations;

5. The Specific Plan preserves open space, identified environmentally sensitive areas, natural vegetation and significant trees, watercourses, historic buildings and places, and other features of value to the community;

6. The Specific Plan provides for efficient street and utility systems through the clustering of structures;

7. The Specific Plan utilizes innovative methods and concepts not readily available under traditional subdivision and zoning methods;

8. The Specific Plan prescribes reasonable controls and standards for affected land uses to ensure compatibility and integrity of those uses with other established uses;

9. The Specific Plan provides reasonable property development rights while protecting environmentally sensitive land uses and species;

10. The proposed Specific Plan ensures development of desirable character which would be harmonious with existing and proposed development in the surrounding neighborhood;

11. The Specific Plan has been designed to provide for flexibility, innovative use of land resources and development, a variety of housing and other development types, and an equitable method of transportation access;

12. The Specific Plan is not an alternate to adopted development regulations of the City because the applicant has substantively demonstrated that the Specific Plan achieves one or more of the following:
a. Provides for community benefits beyond those normally required under existing development regulations.
b. Preserves open space, identified environmentally sensitive areas, natural vegetation and significant trees, watercourses, historic buildings and places and other features of value to the community.
c. Provides for efficient street and utility systems through the clustering of structures.

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13. There are existing or planned public and private infrastructure available to the subject property(ies) proposed for the Specific Plan. If one or more public or private infrastructure is not currently available to serve the project, the applicant shall bear the burden of proof in demonstrating how such service will be provided;

14. The Specific Plan is the "highest and best use" of the land relative to the requested change in allowable land uses, development intensity and/or density, and development standards as compared against the current zoning applied to the property(ies) being proposed for the application of the Specific Plan; and

15. The proposed project has been reviewed in compliance with the provisions of CEQA and there would be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless findings are made in compliance with CEQA.

J. Execution and Implementation.

1. After the adoption of a Specific Plan, a public works project, a tentative map or parcel map, or an amendment to this Code may be approved/adopted within an area covered by a Specific Plan only if it is first found consistent with the Specific Plan.

2. Implementation of development projects within an area covered by a Specific Plan shall require the filing and approval of all applicable development permits unless filed and reviewed concurrently with the Specific Plan application.

3. The Council may impose a Specific Plan fee surcharge on development permits and approvals within the Specific Plan area, in compliance with State law (Government Code Section 65456).

K. Amendments.

1. A Specific Plan may be amended through the same procedure specified by this Section for the approval of a Specific Plan.

2. The Specific Plan may be amended as often as deemed necessary by the Council, in compliance with State law (Government Code Section 65453).

CHAPTER 6.06

GENERAL PLAN AND ZONING AMENDMENTS
§ 6.06.01. Amendments to the General Plan, Development Code, and Zoning Map. [9-21-2022 by Ord. 1782]
A. Purpose.

This Chapter establishes procedures for consideration and review of amendments to the General Plan, Development Code, and/or Official Zoning Map, when there are compelling reasons to do so. More specifically, this Chapter addresses:

1. Amendments to the General Plan, to address changes in State or Federal law and problems and opportunities that were unanticipated at the time of adoption or the last amendment; and

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2. Amendments to the Development Code and Zoning Map, whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the General Plan.

B. Applicability.

The procedures in this Chapter shall apply to:

1. All proposals to change the text of the General Plan and the maps that illustrate the application of its provisions; and

2. All proposals to change the text of this Development Code or to revise a zone or boundary line shown on the Zoning Map.

C. Review Authority.

The Planning Commission shall act as the advisory body for all amendments to the General Plan, Development Code, and Zoning Map and provide recommendations to the City Council.

The City Council shall act as the Review Authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify all amendments to the General Plan, Development Code, and Zoning Map.

D. Initiation of Amendment.

An Amendment to the General Plan, Development Code, or Zoning Map may be initiated by any qualified applicant identified in Section 6.03.03 (Application Forms and Fees, and Reapplications), the Community Development Director, or by a motion of the City Council or Planning Commission.

E. Procedures.

1. Application.

A qualified applicant shall submit an application accompanied by the required fee, pursuant to Chapter 6.03 (Common Procedures). The Community Development Department may require an applicant to submit such additional information and supporting data as considered necessary to process the application. The Community Development Department may allow amendments to the General Plan, Development Code, and Zoning Map to be processed concurrently with other applications.

2. Staff Report.

The Director shall prepare a report and recommendation to the Planning Commission on any amendment application. The report shall include, but is not limited to, a discussion of how the proposed amendment meets the criteria in Subsection I (Criteria for Zoning Amendments) of this Section (if applicable), as well as an environmental document prepared in compliance with the CEQA. Applications involving projects for which an environmental document is required shall not be heard until the environmental assessment procedures required by CEQA are satisfied.

3. Public Hearing and Notice.

All Amendments to the General Plan, Development Code, and Zoning Map shall be referred to the Planning Commission, which shall conduct at least one public hearing on any proposed amendment. At least 10 days before the date of any public hearing,

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the Planning Division shall provide notice as provided for in Section 6.03.08 (Public Notice). Notice of the hearing also shall be mailed or delivered to any local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment.

F. Planning Commission Hearing and Recommendation.

1. Planning Commission Hearing.

Before submitting a recommendation report to the City Council, the Planning Commission shall conduct at least one public hearing in accordance with Section 6.03.09 (Public Hearings).

2. Recommendation to City Council.

Following the public hearing, the Planning Commission shall make a recommendation on the proposed amendment to the City Council. Such recommendation shall include the reasons for the recommendation, findings related to Subsection I (Criteria for Zoning Amendments) of this Section, and the relationship of the proposed amendment to other adopted documents. The recommendation shall be transmitted in the form of a Council memo, prepared by the Community Development Department, with a copy of the approved minutes from the Planning Commission meeting.

G. City Council Hearing and Action.

1. City Council Hearing.

After receiving the recommendation from the Planning Commission, the City Council shall hold one or more hearings in accordance with Section 6.03.09 (Public Hearings).

The notice for the hearing shall include a summary of the Planning Commission recommendation.

2. City Council Action.

After the conclusion of the hearing(s), the City Council may approve, modify, or deny the proposed amendment. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption.

H. Criteria for General Plan Amendments.

The Planning Commission shall not recommend and the City Council shall not approve an amendment to the General Plan unless the proposed amendment meets the following criteria:

1. The proposed amendment is internally consistent with other applicable provisions of the General Plan;

2. The proposed amendment is in conformance with the goals, policies, and objectives of the General Plan;

3. The proposed amendment would maintain the appropriate balance of land uses within

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the city;

4. The proposed amendment is compatible with existing or proposed uses in the area, and would not create an "island" or spot land use designation inconsistent with the intent and policies of the General Plan, or with the density or land uses of surrounding properties;

5. In the case of an amendment to the General Plan Land Use Map, the subject parcels are physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints), for the requested land use designation and the anticipated land use developments;

6. The proposed amendment would not be detrimental to the public interest, health, safety, and general welfare; and

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

I. Criteria for Zoning Amendments.

The Planning Commission shall not recommend and the City Council shall not approve an amendment to the Development Code and/or Zoning Map unless the proposed amendment meets the following criteria:

1. The amendment is consistent with the General Plan;

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

3. Any change in zone boundaries is consistent with the General Plan and is necessary to achieve the balance of land uses desired by the City;

4. The amendment will promote the growth of the city in an orderly manner and promote and protect the public health, safety, peace, comfort, and general welfare; and

5. The proposed amendment is in compliance with the provisions of the CEQA. § 6.06.02. Pre-Zoning. [9-21-2022 by Ord. 1782]
A. Purpose.

The purpose of this Chapter is to establish a procedure for zoning property upon annexation.

B. Applicability.

Unincorporated territory adjoining the city may be pre-zoned for determining the zoning that will apply to such property upon annexation.

C. Procedure.

Zoning of property to be annexed shall be established through initiation and processing according to the procedures established in this Chapter.

D. Notification of the Board of Supervisors.

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In addition to any other public notice required per Section 6.03.08 (Public Notice), the City shall, as a part of any rezoning request, notify the Board of Supervisors of the County of the proposed application of the pre-zoning process.

E. Effective Date of Zoning.

Territory annexed to the city, shall, upon the date that the annexation becomes effective, become a part of the study district, unless the City Council determines otherwise by ordinance.

The zoning shall be temporary and the Planning Commission shall recommend to the City Council within a period not to exceed one year a final zoning plan for the annexed territory.

F. Property Classification.

The pre-zoning designation as approved shall be shown on the Zoning Map with a "UA" prefix attached to the designation to indicate upon annexation, for example "SN-4 (UA)." Once the annexation is completed, the UA additive shall be removed.

G. Annexation Schedule and Time Limits.

Any pre-zoning classification may be subject to a specific timetable for annexation of all or part of the property to the city. The City reserves the right to review annually whether the prezoned property is being annexed to the city in conformity with the timetable, and the City Council may, and expressly reserves the right and power, to revoke the pre-zoned classification solely upon the ground that annexation has not taken place according to the timetable.

CHAPTER 6.07

NON-CONFORMING PROVISIONS
§ 6.07.01. Purpose. [9-21-2022 by Ord. 1782]
This Chapter is intended to permit continuation of uses and continued occupancy and maintenance of structures that were legally established but do not comply with all of the standards and requirements of this Title in a manner that does not conflict with the General Plan. To that end, this Chapter establishes the circumstances under which a non-conforming use or structure may be continued or changed and provides for the removal of non-conforming uses and structures when their continuation conflicts with the General Plan and public health, safety, and general welfare.
§ 6.07.02. Applicability. [9-21-2022 by Ord. 1782]
This Chapter applies to structures, land, and uses that have become non-conforming by initial adoption of or amendments to this Code. It also applies to nonconformities that were legal nonconformities under previously applicable ordinances, even if the type or extent of nonconformity is different. Regulations on non-conforming signs and sign enforcement can be found in Chapter 3.05 (Signs).
§ 6.07.03. Determination of Nonconformity Status. [9-21-2022 by Ord. 1782] A. Burden of Proof.

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The burden of establishing that any nonconformity is a legal nonconformity shall, in all cases, be solely upon the owner of such nonconformity.

B. Appeal of Determination.

Any person, firm, or corporation aggrieved by a decision of the Director's determination of nonconformity in interpreting, applying, or enforcing this Chapter, may file an appeal in compliance with Section 6.03.13 (Appeals).
§ 6.07.04. Nonconformities, Generally. [9-21-2022 by Ord. 1782] Any lawfully established use or structure that is in existence on the Effective Date of this ordinance or any subsequent amendment thereto but does not comply with the standards and requirements of this Code shall be considered non-conforming.

A. A nonconformity may result from any inconsistency with the requirements of this Code including, but not limited to, use, location, density, floor area, height, or setback.

B. A lawfully existing use that was authorized by a previously approved permit or approval (e.g., Conditional or Administrative Use Permit, Variance, etc.), but is not allowed by this Code in its current location, may continue to exist in compliance with the original permit approval and shall be deemed non-conforming.

C. A use lawfully existing without a permit that would require a permit under the current Code (e.g., a Conditional Use Permit was not required when the use was established, and the current Code now requires a Conditional Use Permit for that use) shall be allowed to operate to the extent that it previously operated (e.g., maintains the same site area boundaries, hours of operation, etc.) and shall be deemed non-conforming. Any use that is non-conforming solely by reason of the absence of a Use Permit may be changed to a conforming use by obtaining the appropriate Use Permit pursuant to the requirements in Section 6.04.04 (Use Permits).

D. Non-conforming uses, structures, and/or physical improvements which lawfully exist on the date the property is annexed to the city, and which do not conform to this Code and any other relevant City document, may continue to exist and, upon annexation, shall be deemed non-conforming and subject to the provisions of this Chapter.

E. Exceptions.

No existing use of land or existing structure shall be deemed non-conforming solely because it was previously used and/or developed without site improvements required by this Code, including but not limited to parking, paving, screening, landscaping, lighting, drainage, etc. Said use or structure shall retain conforming status for as long as the use or structure remains unmodified. If the use or structure is also non-conforming because a Use Permit is required, then the provisions of Subsection D above shall apply. § 6.07.05. Projects Under Construction. [9-21-2022 by Ord. 1782] A non-conforming structure that began construction under an active building permit prior to a change in regulations in this Code, which would make the structure non-conforming once completed, may be completed per approved building permit and plans and shall be deemed a previously conforming structure.

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§ 6.07.06. Right to Continue. [9-21-2022 by Ord. 1782]
Any use or structure that was lawfully established prior to the effective date of this Code or of any subsequent amendments to its text or to the Zoning Map may only be continued and maintained provided there is no alteration, enlargement, addition, or other change to any building or structure or use therein; or no substitution, expansion, or other change including an increase in occupant load or any enlargement of the area, space, or volume occupied by or devoted to such use, except as otherwise provided in this Chapter.

A. Non-conforming uses must comply with applicable City, County, State, and Federal laws regarding their operations, including compliance with all performance standards set for this code (see Chapter 3.04 (Performance Standards)).

B. The right to continue a non-conforming use or structure shall attach to the land and shall not be affected by a change in ownership, tenancy, or management.

C. The right to continue a non-conforming use or structure shall not apply to uses or structures determined by the Planning Commission or City Council as described in this Chapter to be a public nuisance arising from conditions that constitute a threat to public health, safety, or general welfare.

D. The right to continue a non-conforming use or re-occupy a non-conforming structure shall terminate if the non-conforming use has been abandoned or the non-conforming structure has been vacated for the relevant period described in Section 6.07.13 (Abandonment and Loss of Legal Non-conforming Status).
§ 6.07.07. Phasing of Compliance. [9-21-2022 by Ord. 1782] Partial conversions of properties or structures to bring them into better compliance with this Code are permitted and encouraged. This applies to non-conforming outdoor activities such as product storage or parking. When a portion of a property, structure, or use is converted to bring it into conformance in phases, the owner does not waive the right to maintain previously allowed uses of other parts of the building or property under the conditions established in this Chapter. § 6.07.08. Ownership of Multiple Parcels. [9-21-2022 by Ord. 1782] For the purposes of this Chapter, multiple contiguous parcels under the same or substantially the same ownership or control, shall be treated as if they were a single parcel or property, for enforcement of non-conforming use or building, including outdoor activities such as storage of product or parking. Ownership for the purposes of this Chapter is defined as the same or similar business ownership structure.
§ 6.07.09. Maintenance and Repairs. [9-21-2022 by Ord. 1782] Incidental repairs, normal maintenance, and interior alterations of non-conforming structures shall be permitted if the changes and improvements do not increase the extent of the nonconformity, enlarge the structure, change the building footprint, or increase building height or roof pitch, and are not otherwise expressly prohibited by this Code. This excludes any improvements required to meet accessibility requirements. Nothing in this Chapter shall be construed to prevent structures from being structurally strengthened or restored to a safe condition, in accordance with an official order of a public official.

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§ 6.07.10. Change of Use. [9-21-2022 by Ord. 1782]
A non-conforming use may only be changed to a use allowed in the zone in which it is located. A non-conforming use shall not be changed to another non-conforming use. Once a nonconforming use is converted to a conforming use, it shall not be changed back to a nonconforming use. § 6.07.11. Additions and Expansions to Non-Conforming Structures. [9-21-2022 by Ord. 1782]
Additions or expansions of a non-conforming structure or use are permitted subject to the approval of the Director through Zoning Clearance/building permit process, as provided below.

The addition or enlargement shall not increase the extent of the nonconformity and shall comply with all applicable laws and requirements of this Code.

Alterations or expansions of any non-conforming use that bring the land use or structure into partial or full compliance shall be permitted if the proposed improvements comply with the design and development standards of this Code, and the requirements of this Chapter. Such improvements will not be subject to the one-time expansion limitation.

A non-conforming structure shall not be moved in whole or in part to any other location unless the move results in the entire structure being brought into compliance with all applicable zone regulations and development standards of this Code.

A. One-Time Expansion of Non-Conforming Structures.

A one-time expansion of up to 10 percent of the existing square footage is permitted, provided the following:

1. The expansion does not add residential units;

2. The expansion does not increase the number of stories; and

3. The expansion does not reduce the number of existing on-site parking spaces or access to the building.

B. Non-Conforming Setbacks, Residential Zones.

In Residential zones, a non-conforming setback may be maintained and extended, and shall not be considered an increase in the discrepancy, provided that:

1. A new encroachment into any other required setback is not created;

2. The height of the portion of the structure that is within the required setback is not increased; and

3. Any residential additions above the first floor shall conform to the setbacks in effect at the time the application for the addition is submitted. § 6.07.12. Repair and Replacement of Damaged or Destroyed Non-Conforming Structures. [9-21-2022 by Ord. 1782]

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A non-conforming structure that is damaged or partially destroyed by fire, explosion, earthquake, or natural disaster that was not caused by an act or deliberate omission of a property owner, their agent, or person acting on their behalf or in concert with them, may be restored or rebuilt subject to the following provisions.

A. Restoration When Damage Is 50 Percent or Less of Value.

If the cost of repair or reconstruction is less than or equal to 50 percent of the appraised value of the structure, replacement of the damaged portions of the structure is allowed by right provided that the replaced portions are the same size, extent, and configuration as previously existed.

The determination of the appraised value shall be made by a professional appraiser selected by the City, whose fee shall be paid by the building or property owner.

B. Restoration When Damage Exceeds 50 Percent of Value.

If the cost of repair or reconstruction exceeds 50 percent of the appraised value of the structure, as determined pursuant to Subsection A above, the land and building shall be subject to the requirements of this Code, except as provided below.

1. Non-Residential Structures.

Any non-conforming use must permanently cease. The Director or Planning Commission may approve the structure, per the Planning Review process, to be rebuilt to the same size, extent, and configuration as previously existed provided that the use of the structure is permitted or conditionally permitted in the zone. In such cases, any expansion or change to the previous use must conform to the requirements of this Chapter.

2. Residential Structures.

Any non-conforming residential structure may be reconstructed, restored, or rebuilt up to the size and number of dwelling units prior to the damage and provided there is no increase in any other nonconformity. The non-conforming use, if any, may be resumed subject to a Zoning Clearance in the case of single-unit dwellings or Director/Planning Commission approval, per the Planning Review process, in the case of other residential uses, unless the review authority finds that the reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood.

C. Timing.

Building permits must be obtained within two years of the date of the damage or destruction, and construction shall be completed within one year of issuance unless another time period is specified by the Director. Building permits must be maintained valid through the completion of the project.
§ 6.07.13. Abandonment and Loss of Legal Non-Conforming Status. [9-21-2022 by Ord. 1782]
Except for residential uses, if a non-conforming use ceases to operate for any reason for a period of more than one year, the use shall be considered abandoned. Once abandoned, the legal non-conforming status shall be lost, and the use shall not be resumed, reestablished, reopened, or replaced by any other non-conforming use, except as provided in this Chapter. It is

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the responsibility of the applicant to provide evidence demonstrating to the satisfaction of the Director that the use was legally established and has not been abandoned.

A. Abandonment.

The time period set forth above shall commence when the use ceases to operate, whether with the intent to abandon the use or not, and any one of the following occurs:

1. The site is vacated;

2. The business license expires or is revoked;

3. Utilities are terminated; or

4. The applicable lease is terminated.

B. Notification and Abatement.

The Director determines when land, structures, uses or outdoor activities have been abandoned and have lost their non-conforming status. The Director's determination is subject to appeal to the Planning Commission pursuant to Section 6.03.13 (Appeals) of this Code. The property owner(s) and lessee shall be notified in writing of the determination and abatement requirements within 10 days.

Any abandoned non-conforming use or structure shall be abated, including clearing of the land and any associated equipment or materials, within six months of notification by the Director and/or Planning Commission. All future use of such land shall conform to the applicable zone and use provisions of this Code.

C. Extension of Abandonment Period.

The Director may approve an additional one-year time period during which the use will not be considered abandoned, provided that the Director finds that economic conditions warrant the additional time. If such additional time period is approved, the total period during which the use will not be considered abandoned shall not exceed two years from the date the use ceased to operate.
§ 6.07.14. Non-Conforming Site Conditions and Improvements. [9-21-2022 by Ord. 1782] A. Non-Conforming Parking.

No existing use of land or existing structure, where parking for said use or structure was conforming at the time of establishment or modification, shall be deemed to be non-conforming solely because of the lack of parking or loading facilities prescribed in Chapter 3.03 (Parking and Loading). Uses that have off-street parking or loading that do not meet the requirements of this Code may continue in operation and retain conforming status for as long as the use or structure remains unmodified. Implications for modifications are addressed in Subsections 1 and 2, below.

1. Expansion of Multi-Family Residential and Non-Residential Structures.

For additions or expansions of existing structures or buildings that would increase the number of parking spaces required, the additional parking shall be required only for the addition or expansion or new dwelling units, and not for the

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preexisting structure or building or preexisting dwelling units. However, the Review Authority may grant a waiver of the parking requirement for the addition, enlargement, or new dwelling units if it is determined that sufficient parking is available on or near the site, and the project is consistent with the General Plan, otherwise consistent with the Code, and the waiver would not create a negative impact for neighboring properties.

2. Expansion of Single-Family Residential Structures.

Existing non-conforming single-family dwellings whose off-street parking facilities do not conform to the provisions of this Code may be expanded or added to a maximum of 20 percent of the existing structure without meeting current requirements for off-street parking. If the expansion or addition exceeds 20 percent of the existing structure, additional parking shall be required only for the addition or expansion.

3. Change in Use.

For any change of use or manner of operation that would increase the number of parking spaces required per Chapter 3.03 (Parking and Loading), no additional parking shall be required unless the change in use requires 15 percent or more parking spaces than currently exist. The number of parking spaces required for the change of use shall be the difference between the number required by Chapter 3.03 (Parking and Loading) and 115 percent of the number of spaces that currently exist.

4. Changes to Parking Area.

Any changes to a parking area layout, loading area, circulation aisles, access, lighting, or landscaping may only occur when the change reduces or corrects an existing substandard condition; changes shall be subject to applicable permitting of this Code.

5. Major Renovations.

If an application is filed for a building permit(s) for the renovation or remodeling of a structure(s) that has one or more non-conforming site features, and the value of the proposed improvements totals 75 percent or more of the current total appraised value of the existing property, the applicant shall be required to address the non-conforming site features, including parking and loading in compliance with Chapter 3.03 (Parking and Loading).

B. Non-Conforming Driveways.

Non-conforming residential and non-residential driveways may continue to be maintained and repaired until such a time that the driveway is reconstructed, fully or partially realigned, modified dimensionally, connected to a new structure, or a change is made to any structure on the parcel that would require that the structure be brought into compliance with current Code standards.

C. Non-Conforming Landscaping and Screening.

No existing use of land or existing structure, where landscaping or screening for said use or structure was conforming at the time of establishment or modification, shall be deemed to be non-conforming solely because of the lack of landscaping and screening required by this Code.

Uses that have non-conforming landscaping and screening shall retain conforming status for as long as the use or structure remains unmodified. Implications for modifications are addressed

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through Subsections 1 and 2 below.

1. Expansion of Structure.

For additions or expansions of existing structures that would increase the amount or type of landscaping or screening required, the additional landscaping or screening shall be required only for such addition or enlargement and not for the preexisting structure.

2. Change in Use.

For any change of use or manner of operation that would increase the amount or type of landscaping or screening required, such additional landscaping and/or screening shall be provided.

3. Major Renovations.

If an application is filed for a building permit(s) for the renovation or remodeling of a structure(s) that has one or more non-conforming site features, and the value of the proposed improvements totals 75 percent or more of the current total appraised value of the existing property, the applicant shall be required to address the non-conforming site features, including landscaping and screening in compliance with Chapter 3.03 (Parking and Loading).

D. Addition of Outdoor Storage Area Only.

When only outdoor operations/storage/display areas are being added or increased on a site, the percentage increase in outdoor operations area shall require 100 percent compliance with the screening and outdoor storage standards of this Code.

E. Exceptions.

Sites that are physically constrained (due to limited size, topography, or other environmental considerations) from complying with these provisions or where full compliance would negatively impact adjacent properties shall comply, to the maximum practical extent, as determined by the Director.
§ 6.07.15. Elimination and Abatement of Non-Conforming Uses and Structures. [9-21- 2022 by Ord. 1782]
A. Elimination of Non-Conforming Uses and Structures.

1. Non-Conforming Uses Not Occupying a Structure or Occupying a Structure with Valuation Less Than $2,500.

The following non-conforming uses shall be discontinued and removed from their sites within three years from the effective date of this Code:
a. A non-conforming use which does not occupy a structure; or b. A non-conforming use occupying a structure having an appraised valuation of less than $2,500.

2. Other Non-Conforming Uses.

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The City Council may require other non-conforming uses to be discontinued and removed from their sites within a period determined pursuant to the process set forth in Subsection C.2 (Procedures) of this Section.

3. Elimination of Non-Conforming Structures.

Non-conforming structures may continue except that the City Council may establish amortization periods for specific structures pursuant to Subsection C.2 (Procedures) of this Section.

B. Time for Elimination When Use or Structure Becomes Non-Conforming.

Whenever a use or structure becomes non-conforming, the period of time prescribed in this Section for the elimination of the use or the removal of the structure is computed from the effective date of the change that results in the non-conforming status of the use or structure.

C. Revocation of Non-Conforming Use or Structure.

The City Council may revoke or modify the non-conforming status of the use or structure upon finding that the non-conforming use or structure has been or will be materially detrimental or injurious to the neighborhood or public health and welfare, as shown by substantive evidence, as follows:

1. Public Noticing.

Notice shall be mailed to the recorded owner and lessee of the property not less than 20 days before the date of the public hearing. The notice shall state the facts concerning the impending action and shall request appearance by said owner at the time and place specified for the hearing, to show cause why the non-conforming status should not be revoked.

2. Procedures.

Where a non-conforming uses or structure is recommended to be discontinued and removed from the site, such period shall be established as follows. a. The Director shall submit the non-conforming use or structure and a recommended amortization period, based on the criteria set forth in this Subsection to the Planning Commission for review.
b. The Planning Commission shall hold a public hearing, noticed pursuant to Chapter 6.03 (Common Procedures), to consider the revocation and recommended amortization period. Following the public hearing, the Planning Commission shall make a recommendation on the proposed amortization period to the City Council.
c. After receiving the recommendation from the Planning Commission, the City Council shall hold a public hearing, noticed pursuant to Chapter 6.03 (Common Procedures), to consider the revocation and recommended amortization period.
d. The City Council may establish a maximum time for which the nonconforming use shall be permitted to continue after considering the following in relation to the use or structure. However, the time period established by the

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City Council shall be no less than two years in length. i. The amount of investment or original cost of the use or structure; ii. The present actual or depreciated value of the use or structure; iii. The remaining useful life of the use or structure; iv. The remaining term of the lease;
v. The date or dates of construction;
vi. Amortization of the business or structure for tax purposes; vii. The salvage value;
viii. The threat to the public health, safety, and welfare posed by the continuance of the non-conforming use; and
ix. Other factors as appropriate.

3. Notice of Decision.

Within 30 days after the public hearing, the Council may by resolution revoke or modify the non-conforming status of the use or structure. The property owner(s) and lessee shall be notified in writing of the decision within 10 days of the meeting. The notice shall include reasonable abatement and conformance requirement dates. § 6.07.16. Abatement. [9-21-2022 by Ord. 1782]
Any non-conforming 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 non-conforming structure or use is found to constitute a public nuisance, appropriate action may be taken by the City pursuant to the Chapter 95A: Public Nuisances of the Indio Municipal Code.
§ 6.07.17. Development on Substandard Lots. [9-21-2022 by Ord. 1782] A. Any lot or parcel of land that was legally created through a recorded deed may be used as a building site, even when consisting of less area, width, or depth than required by the regulations for the zone in which it is located, except as provided below.

1. Two or More Adjoining Vacant Sites.

Two or more adjoining vacant sites with continuous frontage, each having an area, width or depth less than the minimum prescribed for the zone in which the sites are located, in the same ownership as of the date of adoption of this Section or subsequent thereto, is subject to all regulations for the zone in which the sites are located, including minimum area, width and depth requirements, as if the sites constituted a single parcel of real property.

B. No substandard lot shall be further reduced in area, width, or depth, unless such reduction

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is required as part of a public improvement.

C. A substandard lot shall be subject to the same yard and density requirements as a standard lot, provided that in no instance shall these provisions prevent the erection of a single-family dwelling on any substandard lot.

D. An existing legal lot comprising a minimum size of 5,000 square feet or greater and a minimum width of 50 feet or greater shall not be considered substandard for the purposes of this Section.

CHAPTER 6.08

ENFORCEMENT AND ABATEMENT
§ 6.08.01. Enforcement and Abatement. [9-21-2022 by Ord. 1782] See Chapter 10: General Provisions and Chapter 95A: Public Nuisances of the Indio Municipal Code for the procedures the City will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of this Code and departments and officials responsible for enforcement.

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CHAPTER 4.28 TWO-UNIT DEVELOPMENTS
§ 4.28.01 PURPOSE
The purpose of this section is to provide objective zoning standards for Two-Unit Developments within single-family residential zones, to implement the provisions of State law as reflected in Government Code Section 65852.21 et seq. and Section 66411.7 et seq., and to facilitate the development of new residential housing units consistent with the City of Indio General Plan and ensure sound standards of public health and safety.
§ 4.28.02 DEFINITIONS.

A. ADJACENT PARCEL. Any parcel of land that is (1) touching the parcel at any point; (2) separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or (3) separated from another parcel only by other real property which is in common ownership or control of the applicant.

B. CAR SHARE VEHICLE. A motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.

C. COMMON OWNERSHIP OR CONTROL. Property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent or more of the interest in the property.

D. SUFFICIENT FOR SEPARATE CONVEYANCE. As used in Section 4.28.03(B)(8) below, means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 4125 (including a residential condominium, planned development, stock cooperative, or community apartment project), or into any other ownership type in which the dwelling units may be sold individually.

E. TWO-UNIT DEVELOPMENT. A development that proposes no more than two new units or proposes adding one new unit to one existing unit.
§ 4.28.03 TWO-UNIT DEVELOPMENT
A. The Community Development Director shall ministerially review without a hearing an application for a Two-Unit Development, and shall approve the application if all the criteria in Government Code Section 65852.21 and this section are satisfied.

B. Qualifying Criteria. The Community Development Director shall determine if the TwoUnit Development meets all the following requirements:

1. The Two-Unit Development is located within one of the following single-family residential zones: Desert Estates - 1 (DE-1), Desert Estates Transition - 3 (DET-3), Suburban Neighborhoods - 4 (SN-4), and Suburban Neighborhoods - 8 (SN-8).

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2. The Two-Unit Development is not located on a site that is any of the following:
a. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation.
b. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
c. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by the City, pursuant to subdivision (b) of Section 51179 of the Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. d. A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
e. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter

12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.
f. Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph, the City of Indio shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the City of Indio that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met (1) the site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the City of Indio; or (2) the site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of

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Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. g. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the City of Indio shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the City of Indio that is applicable to that site. h. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
i. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
j. Lands under conservation easement.

3. Notwithstanding any provision of this section or any local law, the proposed Two-Unit Development would not require the demolition or alteration of any of the following types of housing:
a. Housing that is subject to recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate-, low-, or very lowincome. b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c. Housing that has been occupied by a tenant in the last three years.

4. The parcel is not a parcel on which an owner of residential real property has exercised the owner’s right under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within the last 15 years before the date that the development proponent submits an application.

5. The development is not located in either the following:
(i) A contributing structure within a historic district included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or historic property or district pursuant to a city ordinance.

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(ii) A parcel individually listed as a historical resource included in the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a property individually designated or listed as a city landmark under a city ordinance.

6. The proposed Two-Unit Development complies with all objective zoning standards, objective subdivision standards, and objective design review standards as provided in this Code applicable to the parcel as provided in the zoning district in which the parcel is located; provided, however, that:
a. The Community Development Director, or their designee, shall waive or modify any standard if the standard would have the effect of physically precluding the construction of two primary units and two accessory dwelling units or junior accessory dwelling units on any parcel pursuant to this Chapter or would result in a unit size of less than 800 square feet. Any modifications of development standards shall be the minimum modification necessary to avoid physically precluding two units of 800 square feet each.
b. Notwithstanding Subsection 4.28.03.B.7.a above, required rear and side yard setbacks shall equal four feet, except that no setback shall be required for an existing legally created structure or a structure constructed in the same location and to the same dimensions as an existing legally created structure. c. For a Two-Unit Development connected to an onsite wastewater treatment system, the applicant must provide a percolation test completed within the last five years, or if the percolation test has been recertified, within the last 10 years.

Figure 4.28.03-1 SB9 Development Options: Two Unit Development

7. Proposed adjacent or connected dwelling units shall be permitted if they meet building code safety standards and are designed to allow separate conveyance. The proposed Two-Unit Development shall provide a separate gas, electric, and water utility connection directly between each dwelling unit and the utility.

8. Parking. One uncovered parking space shall be required per unit constructed via the procedures set forth in this Section, except that the City shall not require any parking where:

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a. The parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or
b. There is a designated parking area for one or more car-share vehicles within one block of the parcel.

9. Rental. Dwelling units created by a Two-Unit Development may be used for residential uses only and may not be used for rentals of less than 30 days.

10. Replacement Housing. If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300(d).

C. Declaration of Prior Tenancies. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for an Two-Unit Development shall sign an affidavit, in the form approved by the City Attorney, stating that none of the conditions listed in Subsections 4.28.03.B.3 and 4.28.03.B.4 above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years on a form approved by the City Attorney.

D. Recorded Covenant. Prior to the issuance of a building permit, the applicant shall record a restrictive covenant and agreement in the form prescribed by the City Attorney, which shall run with the land and provide for the following:

1. A limitation restricting the property to residential uses only; and

2. A requirement that any dwelling units on the property may be rented or leased only for a period of longer than thirty (30) days.

The City Manager or his/her designee is authorized to enter into the covenant and agreement on behalf of the City and to deliver any approvals or consents required by the covenant.

E. Specific Adverse Impacts. In addition to the criteria listed in this section, a proposed Two-Unit Development may be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined in Government Code section 65589.5, subdivision (d)(2), upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A “specific adverse impact” is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

Inconsistency with this Code or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.

F. Enforcement. The City Attorney shall be authorized to abate violations of this Chapter and to enforce the provisions of this Chapter and all implementing agreements and affidavits by civil action, injunctive relief, and any other proceeding or method permitted by law. Remedies provided for in this chapter shall not preclude the City of Indio from any other remedy or relief to which it otherwise would be entitled under law or equity.

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 581 of 831 150

Introduction of Ordinance No. 1834, Planning Commission recommendations ... Page 582 of 831 City of Indio
City Council
May 20, 2026

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Brian Halvorson, Dir. Of Community Development Subject: Review of Planning Commission Recommendations for the Madison Pointe Phase I project to approve the development of three (3) buildings on 3.71- acres consisting of a Starbucks with drive-through, a commercial marketplace with an L3 Energy Ultra-Fast Charging Station with commercial battery storage and, a multi-tenant retail building, including circulation, parking, landscape, and sign program, and a Conditional Use Permit for the approval of one limited land use to allow a drive-through restaurant and a Tentative Tract Map to subdivide 20.20-acres consisting of four (4) existing parcels into eight (8) lots for mixed-use development located at the southwest corner of Highway 111 and Madison Street within the Highway 111 Corridor Specific Plan.

RECOMMENDATION:

The Planning Commission recommend approval of Resolution Nos. 10563, 10564 and 10565 for Planning Review Discretionary, Conditional Use Permit, Tentative Tract Map No. 34804 and a determination that the project is exempt from environmental review pursuant to CEQA Guidelines Section 15300 (Class 32 – In-Fill Development) and Section 15183 (projects consistent with a community plan or zoning).

SUMMARY:

On June 19, 2025, the Applicant’s Representatives, Jim Fitzpatrick and MSA Consulting, Inc. on behalf of Schmid Desert Investments, LLC, submitted applications to the Community Development Department proposing Planning Review Discretionary (PLAN-PRD-25-0018) for the development of four (4) buildings on 4.8-acres consisting of a 2,400 square foot Starbucks with drive-through, a 3,315 square foot Quick Quack car wash with vacuums, a 3,060 square foot marketplace (convenience store) building with an L3 Energy Ultra-Fast Charging Station with commercial battery storage and, a 5,500 square foot multi-tenant retail building, including circulation, parking, landscape, signage program (PLAN-PRD-25-0018), Conditional Use Permit (PLAN-CUP-25-0006) for two Limited Land Uses to allow a drive-through restaurant and car wash and Tentative Tract Map No. 34804 (PLAN-TTM-25-0004) to subdivide 20.20-acres comprised of four (4) existing parcels (APN’s: 600-240-005, -016, -020, and -021) into eight (8) lots for mixed-use development for the Madison Pointe Phase 1 project located at the southwest corner of Highway 111 and Madison Street, and determining that the project is exempt from environmental review pursuant to CEQA Guidelines Section 15300 and 15183. On February 25, 2026, following the public hearing and Commissioner deliberation, the Project was continued to a regular scheduled Planning Commission meeting of March 25, 2026, for the review and revised project design that excludes a car wash. The Applicant agreed to remove the car wash component and the revised plans that now consists of the AGENDA ITEM #12.2
Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 583 of 831 development of three (3) buildings on 3.71-acres comprised of a 2,400 square foot Starbucks with drive-through, a 3,060 square foot marketplace (convenience store) building with an L3 Energy Ultra-Fast Charging Station with commercial battery storage and a 5,500 square foot retail/commercial building. The lot where the car wash was proposed will remain vacant and the Applicant will be required to obtain one or more planning review permits prior to any construction.

BACKGROUND INFORMATION:

On September 21, 2022, the City Council conducted a duly noticed public hearing to consider the Highway 111 Corridor Specific Plan, reviewed the staff report, accepted and considered public testimony and approved Resolution No. 10326 adopting the Highway 111 Corridor Specific plan and repealing the Central Highway 111 Corridor Specific Plan and the Mixed Use Specific Plan-300 (MUSP-300). On September 21, 2022, the City Council approved Resolution No. 10325 making a finding of consistency with the Program Final environmental Impact Report (PFEIR) for the General Plan 2040 certified by the City Council on September 18, 2019, for the adoption of the Highway 111 Corridor Specific Plan.

Schmid Desert Investments, LLC, submitted an initial application on November 21, 2021, for Specific Plan approval for four (4) parcels identified as Assessor's Parcel Numbers (APN's) 600- 240-005, 600-240-016, 600-240-020 and 600-240-021 located at the southwest corner of the intersection of Madison Street and Highway 111. The applicant subsequently determined to not proceed with the processing of a Specific Plan for the subject properties and chose to be considered under the provisions of the Highway 111 Corridor Specific Plan.

On November 21, 2022 the Planning Commission conditionally approved a Master Planned Development Permit (MPDP) pursuant to the provisions of the adopted Highway 111 Corridor Specific Plan for a mixed-use project comprised of up to 400 senior housing apartment units, a 130- key hotel, 30,000 square feet of medical office space, and 15,500 square feet of commercial retail uses along with open space, recreational, and outdoor gathering spaces as unifying project design features and pedestrian access and integration between the planned on-site uses and between the project site and adjacent properties and adjacent public rights-of-way. The applicant in the submitted application materials contends that the Madison Pointe Mixed Use Project is intended to implement the vision of the Highway 111 Corridor Specific Plan and the General Plan 2040 pertaining to land use patterns, intensities, densities, building and site design and public right-of-way improvements.

On June 19, 2025, the Applicant’s Representatives, Jim Fitzpatrick and MSA Consulting, Inc on behalf of Schmid Desert Investments, LLC, submitted applications for the design and development of four (4) buildings on 4.8-acres for the Madison Pointe Phase 1 project, which will serve as the first implementing project for the Master Planned Development Permit. The project consisting of a 2,400 square foot Starbucks with drive-through, a 3,315 square foot Quick Quack car wash with vacuums, a 3,060 square foot marketplace (convenience store) building with an L3 Energy Ultra-Fast Charging Station with commercial battery storage and, a 5,500 square foot retail/commercial building, including circulation, parking, landscape, and signage program under the Planning Review Discretionary, Conditional Use Permit for two Limited Land Uses to allow a drive-through restaurant and car wash and Tentative Tract Map No. 34804 to subdivide 20.20-acres comprised of four (4) existing parcels (APN’s: 600-240-005, -016, -020, and -021) into eight (8) lots for mixed-use development for the Madison Pointe Phase 1 located at the southwest corner of Highway 111 and Madison Street, and determining that the project is exempt from environmental review pursuant to CEQA Guidelines Sections 15300 and 15183.

On February 25, 2026, following the public hearing and Planning Commission deliberation, this item was continued to the Planning Commission of March 25, 2026, for the review and revised project

Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 584 of 831 design that excludes a car wash. On March 5, 2026, the Planning Division received revised plans that now consists of the development of three (3) buildings on 3.71-acres comprised of a (1) 2,400 square foot Starbucks with drive-through, a (2) 3,060 square foot marketplace (convenience store) building with an L3 Energy Ultra-Fast Charging Station with commercial battery storage and a (3) 5,500 square foot retail/commercial building. The Planning Commission found that a car wash did not the Highway 111 Corridor Specific Plan’s Placemaking Vision by lacking a strong visual identity, neglecting pedestrian focus in favor of an auto-oriented use, and not establishing a unique corridor identity. The lot will remain vacant, and the Applicant will be required to obtain one or more planning review permits prior to any construction.

On March 25, 2026, staff requested the Planning Commission to continue the Project to a regular scheduled Planning Commission meeting date of April 8, 2026, at 6:00pm, to allow various Departments to complete their review of the revised project plans.

On April 8, 2026, the Planning Commission approved Resolution 2129, 2130, and 2131 recommending City Council approval of the Planning Review Discretionary, Conditional Use Permit and Tentative Tract Map and determining that the project is exempt from environmental review pursuant to CEQA Guidelines Section 15300 and 15183.

Site access to the property will be taken from the existing Walgreens drive-isle on Highway 111 and three newly proposed access drives, two on Highway 111 and reconfiguration of the access point on Madison Street south of the existing Walgreens. The first new access point will be located on the northwest of the site along Highway 111, the second access point will also be along Highway 111 and be aligned with the street (Bermuda Palms) across from the project and is proposed to be a signalized intersection, the third access to the project will be on Madison Street northeast of the site.

An interim stormwater retention is provided south of lot seven (Pad 4). Development also includes a landscape plan comprised of desert and other drought-tolerant planting materials.

The mixed-used development is located within a 20.20-acre site comprised of four parcels that have a zoning designation of Mixed-Use Corridor (MU-C) and Neighborhood General (NG) under the Highway 111 Corridor Specific Plan. General retail, restaurants, and convenience markets are permitted uses under both zones and drive-throughs of any kind are permitted through a conditional use permit granted by the City Council pursuant to Section 3.5.B Allowed Uses & Permit Requirements.

The General Plan Land Use designations, zoning, and existing uses are identified in the table below:

Table A:

General Plan, Zoning, and Surrounding Existing use
General Plan 2040 Zoning Existing Use
Site:

Mixed Use
Neighborhood/Connected
Neighborhood High
Mixed-Use Corridor
(MU-C)/
Neighborhood
General (NG)
Vacant
North: Mixed Use Neighborhood Mixed-Use Corridor
(MU-C) Vacant/Motels/Commercial
South: Suburban Neighborhood
High
Suburban
Neighborhood-8 Single Family Residential

Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 585 of 831 (SN-8)
East:

Mixed Use
Neighborhood/Connected
Neighborhood High
Mixed-Use Corridor
(MU-C)/
Neighborhood
General (NG)
Agriculture
West:

Mixed Use
Neighborhood/Connected
Neighborhood High
Mixed-Use Corridor
(MU-C)/
Neighborhood
General (NG)
Residential/Vacant/Commercial
Tentative Tract Map
Tentative Tract Map No. 34804 proposes to subdivide an existing 20.2-acre site comprised of four parcels into seven parcels and one letter lot as itemized below.

Table B: Subdivision Summary
Lot No. New Parcel
Size Zoning Existing Use
Parcel 1 1.74 acres Neighborhood General Vacant
Parcel 2 2.34 acres Neighborhood General Vacant
Parcel 3 1.20 acres Mixed-Use Corridor Vacant
Parcel 4 0.98 acres Mixed-Use Corridor Vacant
Parcel 5 1.10 acres Mixed-Use Corridor Vacant
Parcel 6 9.30 acres Neighborhood General Vacant
Parcel 7 1.53 acres Neighborhood General Vacant
Lot A 1.63 acres Neighborhood General Vacant
The Highway 111 Specific Plan does not specify a minimum or maximum lot size for new lots.

However, each lots can accommodate the proposed development for each building, parking, pedestrian circulation, trash and landscaping.

Public Hearing Notice:

Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 586 of 831 A public hearing notice for the Project was published in the Desert Sun, the newspaper of record, on May 1, 2026, and a public hearing notice was mailed to property owners within a radius of 500-feet of the subject property on April 27, 2026.

FINDINGS: TENTATIVE TRACT MAP
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, is consistent with the General Plan 2040 (Government Code Section 66473.5). The Findings and Conclusion section of this report addresses the consistency of the Tentative Tract Map’s proposed subdivision with the Subdivision Map Act.

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 when approving tentative maps. The findings below analyze the proposed Tentative Tract Map:

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

The property is designated Mixed Use Neighborhood and Connected Neighborhood High in the General Plan 2040, with a zoning designation of Mixed-Use Corridor and Neighborhood General under the Highway 111 Corridor Specific Plan. The Mixed Use Neighborhood land use designation provides moderate-to-higher intensity neighborhood development that features a variety of multifamily housing choices and commercial uses along major streets. The Connected Neighborhood High provides a range of moderate-intensity housing choices within a walkable neighborhood setting within a short distance of goods and services. Housing types include small-lot single family detached and attached dwellings of various sizes, courtyard apartments and condos, and medium-sized multifamily buildings designs for neighborhood compatibility. The Mixed-Use Corridor (MU-C) zone is intended to implement the vision for Highway 111 to evolve into a mixeduse central boulevard – characterized by strong urban buildings with active ground-floor uses and frontages that provide services and amenities to the adjacent neighborhoods, inject the corridor with daily human activity, and establish a clear and attractive identity for the corridor that is unique to the City of Indio. The Neighborhood General (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. Buildings in the NG zone range from neighborhood scale types (“Missing Middle Housing”) to more urban-scale multi-family and mixed-use types whose massing is articulated in increments compatible in size and scale. The NG Zone is organized around a well-connected walkable network of tree-lined neighborhood avenues, streets and paseos, and is punctuated by a robust network of neighborhood parks, greens and community gathering spaces.

The proposed Tentative Tract Map No. 34804 will subdivide four existing parcel (APN’s: 600-240- 005, -016, -020, and -021) totaling approximately 20.20-acres into eight parcels for mixed-use purposes. All future development within the boundaries of Tentative Tract Map No. 34804 will be required to comply with the Mixed-Use Corridor (MU-C)/ Neighborhood General (NG) development standards and complete a formal planning review entitlement process to ensure consistency with the City of Indio General Plan 2040 and the Highway 111 Corridor Specific Plan.

Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 587 of 831 II. The design or improvement of the proposed subdivision is consistent withapplicable general and development agreement in that:

The project proposes to subdivide an existing 20.2-acres (APN’s: 600-240-005, -016, -020, and - 021) acre parcel into eight lots. No new public street dedications are proposed, and the subdivision will be served by existing surrounding roadways, access points and utility connections. Approval of the Tentative Tract Map No. 34804 will establish the lots and provide for the necessary utility and service connections in compliance with the Mixed-Use Corridor (MU-C)/Neighborhood General (NG) zoning and Mixed Use Neighborhood/ Connected Neighborhood High land use designation of the General Plan 2040. Development on each lot withing the Madison Pointe Phase 1 project will be required to undergo grading and building permit review to ensure consistency with the Unified Development Code, the General Plan, and applicable City standards. The Project is not within a Development Agreement governing the design or improvements of the proposed subdivision.

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

The project site is located at the southwest corner of Highway 111 and Madison Street, within an established urban area of the City of Indio. The parcel is generally flat, contains no significant topographical constraints, and is not located within an area of known geologic instability. Access to the property is available from Highway 111 and Madison Street, which connect to the City’s broader street network. Adequate circulation and utility connections can be provided, ensuring access for vehicles, pedestrians, and emergency services in compliance with City standards. Based on these factors, the proposed subdivision is physically suitable for the intended mixed-use development.

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

The project site has a General Plan land use designation of Mixed Use Neighborhood (MUN) and Connected Neighborhood High (CNH) and a zoning designation of Mixed-Use Corridor and Neighborhood General under the Highway 111 Corridor Specific Plan. Under the Mixed Use Neighborhood (MUN) new development has a maximum floor area ratio of 0.5 and a floor area ratio of 0.25 for Connected Neighborhood High. The Mixed Use Corridor zone has a minimum height of 3 stories or 21’ high and a maximum height of 6 stories. The Neighborhood General zone has a maximum height of 4 stories. The project is proposing the following floor area ratio and maximum height as follows:

Table C – Density and Intensity
Lot Lot Size (Sq.

Ft)
Building Size (Sq.

Ft)
FAR Building
Height
3 52,272 5,000 0.11 26’-2”
4 42,688.8 2,400 0.06 20’
7 66,646.8 3,060 0.05 25’
The Project is within the parameters of the floor area ratio requirements and the height/ story requirements. These characteristics demonstrate that the site and the project are physically suitable for the proposed density. The Project does not meet the minimum story requirement of the MixedUse Corridor zone, as it proposes one-story buildings where multi-story development is anticipated.

However, it remains within the applicable floor to area ratio and height standards and may be considered consistent pursuant to the flexibility provisions of the Specific Plan. The Highway 111 Corridor Specific Plan recognizes that many of the existing 1- and 2-story buildings along the corridor may remain for an indefinite period of time, and that current and near-term market forces

Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 588 of 831 may not support the feasibility of 3-story and greater development within some properties within the Mixed-Use Corridor Zone. In order to enable market forces to attract near-term reinvestment to the Mixed-Use Corridor zone, the Specific Plan provides standards and processes whereby limited quantities of lower intensity, more automobile-oriented projects that positively contribute to the economic development and quality of life within a Subarea may be approved in the Mixed-Use Corridor Zone through the Conditional Use Permit (CUP) process.

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 located within a fully urbanized area, surrounded by existing residential and commercial development. The parcels consist of previously disturbed vacant land with compacted soils and minimal vegetation. There are no watercourses, wetlands, or other sensitive habitat areas present on the property. Based on the City’s environmental review, the project qualifies for a CEQA Guidelines Section 15332 (Class 32 – In-Fill Development) Categorical Exemption, and no significant impacts to biological resources will occur. Therefore, the subdivision and proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

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

The subdivision proposes 8 parcels; seven numbered lots and one letter lot (see Table B), for mixed use purposes with access to existing urban infrastructure. The Indio Water Authority and Public Works Department have confirmed that adequate water, sewer, and utility services are available to serve the project site. The project will be conditioned to construct or connect to all necessary infrastructure, including sewer laterals, water connections, storm drains, and utilities, in compliance with City standards. With these improvements in place, the subdivision will be adequately served by public infrastructure, and the design of the subdivision is not likely to cause serious public health problems.

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 Tract Map No. 34804 does not conflict with any public easements acquired for access or use by the public at large. The site is accessed from existing City streets, and no public access rights will be impaired or altered by the subdivision. The City’s review departments have confirmed that the proposed lot configuration and access do not interfere with existing easements. Therefore, the subdivision’s design is in harmony with existing public easements and access rights.

FINDINGS: PLANNING REVIEW DISCRETIONARY
General Plan 2040 Consistency:

Pursuant to Indio Municipal Code Section 6.04.03, Planning Review, and subject to state law, the Planning Commission must make the following findings for design review approval:

I. General Plan Consistency. Consistency with General Plan policies and any applicable specific plan, project master plan or development agreement.

Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 589 of 831 The City of Indio General Plan Update 2040, adopted on September 18, 2019, breaks up land uses into major classes. These classes are Neighborhoods, Centers, Districts, and Public and Institutional (Table 3-2: General Plan Types, City of Indio GPU 2040).The Project site is located in the Neighborhoods major class within the General Plan. The Neighborhoods major class has seven subcategories. These subcategories are: Desert Estates (DE), Desert Estates Transition (DET), Suburban Neighborhood Low (SNL), Suburban Neighborhood High (SNH), Connected Neighborhood Low (CNL), Connected Neighborhood High (CNH), and Mixed Use Neighborhood (MUN) (Table 3-2: General Plan Types, City of Indio GPU 2040). The project site is located in the (CNH) and (MUN) subcategory.

The Mixed Use Neighborhood (MUN) land use designation provides moderate-to-higher intensity neighborhood development that features a variety of multifamily housing choices and commercial uses along major streets. Primary uses in the MUN subcategory consist of but are not limited to single-family and multi-family residential uses, parks and recreation, mixed use (retail/office, retail/residential, office/residential, and neighborhood-serving retail), general commercial, services, entertainment, live/work, and office.

The Connected Neighborhood High (CNH) land use provides a range of moderate-intensity housing choices within a walkable neighborhood setting within a short distance of goods and services.

Housing types include small-lot single family detached and attached dwellings of various sizes, courtyard apartments and condos, and medium-sized multifamily buildings designs for neighborhood compatibility. Primary uses in the CNH subcategory consist of but are not limited to single-family and multi-family residential, including duplex, triplex, quadplex, rowhouses, townhouses, courtyard and small-scale multifamily buildings, and parks and recreation. Secondary uses consist of retail, care, public facilities, guest houses, places of worship, school, family day care homes, and others which are determined to be compatible with and oriented towards serving the needs of neighborhoods and may also be allowed. These uses should be focused along mixed-use corridors or at the edges of center.

The Madison Pointe Phase 1 project will construct three buildings consisting of a Starbucks with drive-through, a marketplace (convenience store) building with an L3 Energy Ultra-Fast Charging Station with commercial battery storage and a multi-tenant retail building.The Project as proposed would be permitted within the Mixed Use Neighborhood and Connected Neighborhood High land use designation and would be in compliance with the City of Indio General Plan 2040.

The General Plan 2040 contain goals and policies that are relevant to the Project. The following identifies these goals and policies and makes findings of fact regarding if and how the Project complies with them:

Goal LU-1: Citywide Urban Structure. An urban structure that enhances the quality of life of residents, meets the community’s vision for the future, and weaves new growth area together with established Indio neighborhoods.

LU-1.1: Overall city structure. Establish a clearly defined City Structure by creating mixed-use corridors along Highway 111, Monroe Street, Avenue 42, and Avenue 44 that contain a mix of retail, service, office, and residential uses. Corridors should have defined nodes that provide a mix of local- and regional-serving uses.

The project is proposing a horizontal mixed-use project comprised of different land uses consisting of office and commercial retail, and restaurant uses along Highway 111.

Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 590 of 831 Goal LU-4: High-Quality Building Design. A beautiful city with a high-quality architecture and building design.

LU-4.1 Quality design.Use simple, urban building forms made with permanent materials with high quality detailing that stands the test of time.

The Project is proposing contemporary commercial architectural design with clean, modern lines and a combination of materials and colors for visual interest. The buildings have flat roofs with varying heights creating layered facades. The project is incorporating materials and architectural finishes designed to complement each other for a cohesive project aesthetic. The primary surfaces feature stucco finishes painted in a range of Sherwin Williams colors with accent elements. The project is also proposing two distinct stone veneers to add texture and provide a layered look.

Storefronts utilize double glazed low-e storefront glazing with anodized aluminum frames for a modern and energy-efficient facade.

LU-4.3 Building materials.Convey façade articulation through the strength, depth, and permanence of building materials. Thinner cladding materials, such as stucco, stone and masonry veneers, and wood or simulated wood, may be used when finished to appear as durable and authentic of the materials they simulate.

The Project is incorporating varying height roof lines creating articulation on each of the three buildings. The primary surface material will be stucco and finished in a range of colors. The project is also proposing to have two distinct stone veneers. The materials that will be utilized will be durable or as authentic of the materials they simulate.

LU-4.4 Building entrances.Use visual and physical design cues within a building’s design and entries to emphasize the building entrance and connections to public spaces.

The Project will be constructing large overhangs over entrances and concrete walkways lined with drought tolerant landscaping. The proposed landscaping will be designed in a manner that lines the walkaways to emphasize the building entrances and a condition has been added requesting 20’ high palm trees at installation along the main entrance of the project on Highway 111.

LU-4.5 Iconic design. Allow iconic and memorable building designs, particularly on larger nonresidential properties.

The Project is proposing contemporary commercial architectural design with clean, modern aesthetics and a combination of materials and colors for visual interest. The buildings have flat roofs with varying heights creating layered facades. All three buildings will contain a mix of materials and cohesive earth-tone paint colors that harmonize with the desert environment, and natural stone accents. The project is proposing desert-appropriate landscaping with palms and drought-tolerant plants complements the buildings, while shaded entryways enhance comfort and functionality.

Proposed design blends modern elements with materials and features suited to the arid climate, creating an inviting and visually cohesive development.

LU-4.6 Climate-appropriate design. Encourage the use of building techniques and materials that relate to Indio’s warm and dry desert climate. Promote solar control and use of shade in building design and associated pedestrian amenities.

Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 591 of 831 The Project will be constructing various building overhangs that will provide shade for pedestrian walkways. The Project landscape will utilize desert native and drought resistant trees, shrubs, and cacti. The proposed trees will be lined across the parking lot to shade proposed parking. The Project is also proposing the inclusion of a solar panel canopy system demonstrating a commitment to sustainability and modern technology integration within the design.

II. Standards Consistency. Consistency with applicable objective development standards and design standards and/or design guidelines adopted by the City Council.

On September 21, 2022, the City Council approved Resolution No. 10326 adopting the Highway 111 Corridor Specific Plan. The following identifies land use regulations and development standards relevant and applicable to the Project and makes findings of fact regarding if and how the Project complies with them:

Highway 111 Corridor Specific (111 CSP) Plan & Master Planned Development (MPD) Permit Compliance:

Section 2.1: Vision for the Highway 111 Corridor Specific Plan Section 2.1 states that "The Highway 111 Corridor will be transformed from a suburban highway commercial strip, into a lively, dynamic center of social, cultural and economic activity for the city of Indio - respecting the Corridor's history and context, building on its existing amenities, reflecting community desires, and leveraging evolving economic opportunities for the benefit of the entire community." The Madison Pointe Phase 1 project is being evaluated for consistency with applicable provisions of the Highway 111 Corridor Specific Plan (111 CSP) and the approved Master Planned Development (MPD) Permit. Although drive-throughs are not part of the Highway 111 Corridor Specific Plan’s vision to create a pedestrian-friendly, mixed-use environment, they are permitted as Limited land uses within Subarea 8 with approval of a Conditional Use Permit by the City Council.

Section 2.3.1 West Gateway
The project site is located within the West Gateway is the segment of the corridor from the western city limits - just west of Jefferson St - to the west edge of the “S-curve” of 111, where Clinton St and Dr Carreon Blvd intersect Hwy 111. The West Gateway Segment of the Corridor is flanked by large vacant or underdeveloped parcels, who’s identity and character may be defined by the new, palmlined Highway 111 and fine new community activity centers offering retail, restaurant, hospitality, entertainment and recreation, along with a wide array of new housing options within the mixed-use centers and surrounding new and existing neighborhoods.

Section 3 Development Standards & Guidelines
Section 3.1.C.3 (Relationship to Indio Municipal Code and Unified Development Code) specifies that this Chapter relies on several existing procedural requirements of the Indio Municipal Code (IMC) and/or Unified Development Code (UDC), where noted. In cases where this Chapter is silent, the requirements of the IMC or UDC shall apply (as prescribed in those documents). In cases where there is conflict between the requirements of this Chapter and those of the IMC or UDC, the requirements of this Chapter shall supersede.

Section 3.2.G.3.A (Council Approval Required) of the Specific Plan specifies that the following Limited Uses shall require City Council approval inclusive of fueling stations, car washes and any use including a vehicular drive-through.

Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 592 of 831 Pursuant to Table 3.4.2 of the Specific Plan, the project site is located within Subarea 8 and has been assigned regulatory designations consisting of Mixed-Use Corridor Zone and Neighborhood General Zone and has also been assigned a Master Planned Design Overlay designation.

Pursuant to Section 3.4.C.1 of the Specific Plan, the Master Planned Design Overlay defines specific parcels or areas within the 111 CSP area that due to their size and/or location, require an approved Master Planned Development (MPD) Permit. The applicant has satisfied this requirement and has obtained a Master Planned Development Permit approval from the Planning Commission.

Pursuant to Section 3.4.C.2 of the Specific Plan, the Mixed Use Corridor Zone is intended to implement the vision for Highway 111 to evolve into a mixed-use central boulevard - characterized by strong urban buildings with active ground-floor uses and frontages that provide services and amenities to the adjacent neighborhoods, inject the corridor with daily human activity, and establish a clear and attractive identity for the corridor that is unique to the City of Indio.

Pursuant to Section 3.4.C.3 of the Specific Plan, the Neighborhood General 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. Buildings in the NG zone range from neighborhood-scale/ "houseform" types (a.k.a "Missing Middle Housing"), to more urban-scale "block-form" multi-family and mixed-use types whose massing is articulated in increments compatible in size and scale. The NG Zone is organized around a well-connected walkable network of tree-lined neighborhood avenues, streets and paseos, and is punctuated by a robust network of neighborhood parks, greens and community gathering spaces.

Pursuant to Section 3.5 (Allowed Uses) of the Specific Plan addresses allowed land uses within the boundaries of the Specific Plan and corresponding permit requirements for each regulatory zone, as applicable. Table 3.5-1 (Allowed Uses) of the Specific Plan specifies general retail, restaurants and commercial markets are permitted in the Mixed Use Corridor zone and Neighborhood General zone.

The applicant is also proposing a drive-through associated with the restaurant. Section 3.14 provides a discretionary pathway for Limited land uses which includes any drive-throughs by requiring a Conditional Use permit approved by the City Council.

Pursuant to Section 3.6, the standards of this section shall apply to any parcel within the Master Planned Design Overlay in Figure 3.4-1, or for any proposed development greater than 4 acres in size. The project site is 20.2 acres in size and is therefore subject to the provisions of this section.

The applicant received Planning Commission approval of the Master Planned Development (MDP) Permit on November 21, 2022. The Madison Pointe Phase 1 proposal serves as the first implementing project for the approved MDP.

Pursuant to Section 3.6.A.2.a, all new development must complete and/or support-and in no way impede-the required connections and intersections which appear in their subarea. The project site is located in Subarea 8. Figure 3.6-1 identifies required and recommended connections through the project site. Specifically, required connections are shown in north/south and east/west orientations in the northern portion of the site while recommended connections are shown in north/south and east/west orientations in the southern portion of the project site. Pursuant to Section 3.6.B.1.b, required connections form links through and between Subareas and are required to be multi-modal streets with vehicular access and shall be further be designed as Avenues (per Section 3.7.B.4.a) or Neighborhood Streets (per Section 3.7.B.4.c). Pursuant to Section 3.6.B.1.d, recommended connections are included as suggested ways to meet the Block Standards of Section 3.6.C, but their

Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 593 of 831 quantity and placement is flexible. Recommendations for how some of these connections can be implemented are included in Table 3.6-2. The Madison Pointe Phase 1 project is proposing an east/west vehicular circulation route and an east/west pedestrian circulation (see Pedestrian Circulation plan) route through the northern portion of the project site along Highway 111 meeting the location and multi-modal standards for the required connections element of this section and the Conceptual Connectivity Plan of the Master Planned Development Permit.

Pursuant to Section 3.6.B.2.a, types which satisfy the connectivity requirements of this section shall be public. Pursuant to Section 3.6.B.2.a.i, "Public" means those spaces and connections which are publicly accessible-providing public right-of-way-at all times, regardless of whether they are publicly or privately owned. Pursuant to Section 3.6.B.2.b, vehicular driveways, parking lots, and alleys are intended for vehicular access but not active mobility modes. Accordingly, when designed in accordance with the standards of this Plan they may provide access within blocks, but they shall not be interpreted to define any block perimeter for the purposes of this section. Pursuant to Section

3.6.B.2.c, public ways should be calibrated to the context. The Madison Pointe Phase 1 project does not clearly specify that the proposed on-site connections are "public" pursuant to the provisions of this section. As such, a condition will be included to assure compliance with this section.

Pursuant to Section 3.6.C.1/Table 3.6.3 (Maximum Block Size), the maximum block perimeter for the Mixed Use Corridor zone and the Neighborhood General zone is 1,600 feet. Pursuant to Section

3.6.C.2.a, per Table 3.6-1, all blocks shall be defined-or in other words: bound at their perimeter-by one or more of the following types of public connections or open spaces: Street, Car-less Street, Plaza/Green, Neighborhood Park, or Mini Park. Pursuant to Section 3.6.C.2.a.i, a block may be bound on no more than one (1) side by a Car-less Street, Plaza/Green, Neighborhood Park, or Mini Park. Pursuant to Section 3.6.C.2.b, types which define a block shall be public and shall not be private or semi-public. Pursuant to Section 3.6.C.2.b.i, "Public" means those spaces and connections which are publicly accessible-providing public right-of-way-regardless of ownership.

The Madison Pointe Phase 1 project provided a Perimeter Standard Block Calculation plan which demonstrates three blocks of which none exceed 1,600 feet. The perimeter block size for the multitenant retail is 821 feet, for the drive-through restaurant and commercial pad 3 is 1,033 feet, and for the general market and L3 charging station is 956 feet. The project as proposed meets and exceeds this requirement.

Pursuant to Section 3.7 (Public Realm Standards), the project provides enhanced streetscape improvements along the Highway 111 frontage. These include pedestrian sidewalks, droughttolerant landscaping, and direct connections to existing and new pedestrian infrastructure associated with the project. The streetscape design reinforces the pedestrian-oriented vision of the corridor by creating a safe, visually appealing, and walkable environment. Vehicular access is provided through existing and new driveway entries that minimize conflicts with pedestrian paths and preserve the continuity of the sidewalk.

Section 3.8 (Building Placement and Access) and more specifically Section 3.8.B.1 specifies standards to ensure that the proposed development within the Specific Plan area promotes a pedestrian-friendly environment along the street by placing buildings at the front of the site and locating parking at the center or the back of the site. Table 3.8-1 (Building Placement) specifies building placement standards that are applicable to properties that are located within the Mixed-Use Corridor regulatory zone. This Table specifies that the Highway 111 build to range should be 0 feet to 15 feet, that the front street build out should be 100 percent, that there is no side street build to range, that the side street build out should be 80 percent for the first 40 feet with no buildout requirement after 40 feet, that the building length should be a maximum of 300 feet, and that there are no building setback requirements except for a 10-foot separation between multiple buildings on

Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 594 of 831 a single lot. Section 3.14 (Limited land uses in the MU-C Zone) and more specifically Section

3.14.A.3.1.c.iv specifies that the Frontage Buildout requirements listed in Table 3.8-1 may be waived provided buildings conform to the requirements of the rest of this Section. The multi-tenant building (pad 1) fronting Highway 111 complies with the specified 15-foot build to range that is the area within which the building should be constructed. Pad 2 and is proposed to be setback 51 feet to accommodate a drive-through isle as part of their request for a limited land use through a conditional use permit. The project site design of the new cross-circulation patterns, parking, and the drive-through aisle and stacking for the tenant on Pad 2 allows for parking to be located at the center and back of the site while still offering pedestrian connectivity to the project. The proposed building length for Pad 1 approximately is 92 feet and 25 feet for Pad 2, thereby complying with the maximum building length standard. All the proposed buildings along Highway 111 have over a tenfoot setback separation to new or existing buildings therefore, the project site complies with the specified building setback requirements. Additionally, the building placement along Highway 111 substantial complies with the Illustrative Site Plan approved with Master Planned Development Permit.

Pursuant to Section 3.9 (Building Height) of the Specific Plan specifies standards for building height and vertical proportions that apply to all new buildings within the boundaries of the Specific Plan.

The Mixed Use Corridor zone has a minimum height of 3 stories or 21’ high and a maximum height of 6 stories. The Neighborhood General zone has no minimum height and a maximum height of 4 stories. Building height for the multi-tenant retail, and general store is between 25’ and 29’ meeting the height requirement of their respective zone. The drive-through restaurant building is proposing a height of 20’. However, Section 3.14 explicitly allows single-story commercial buildings as part of the Limited Land Use (LLU) provisions to accommodate near-term investment that contributes to corridor revitalization. Subarea 8 of the Highway 111 Corridor Specific Plan allows for up to two (2) Limited Land Uses. The proposed project would be the first LLU approved within Subarea 8. The proposed buildings are single-story with an overall height of approximately 20 feet, featuring parapet walls and architectural treatments that enhance their visual presence along the street. While this height does not meet the standard MU-C minimum height requirement, it is compliant under the Limited Land Use provisions and is designed to ensure the buildings integrate well into the existing commercial context while supporting phased corridor transformation. The project is proposing the following maximum building heights as follows:

Table D – Building Height
Lot Proposed Use Building
Height
3 Retail 26’-2”
4 Restaurant w/Drive-through 20’
7 General Market & L3 EV Charging 25’
Pursuant to Section 3.10 (Facades and Frontages) of the Specific Plan specifies standards to ensure that large-scale ("block-form") buildings, are modulated into smaller "human-scale" increments and composition to generate more dynamic and interesting streetscapes and result in more resilient buildings that are adaptable over time to meet the varied needs of different tenants and uses. Requires commercial buildings along Highway 111 to incorporate street-facing facades with architectural articulation, transparency, and pedestrian orientation. For Limited Land Uses,

Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 595 of 831 Section 3.14 permits primary entrances to face away from the street, provided the street-facing façade maintains the appearance of a front elevation.

For the proposed project, the primary customer entrances will be located on Highway 111 between the buildings of Lot 4 and Lot 5 the buildings include articulated storefront elements with large overhangs for shade, parapet treatments, the buildings have flat roofs with varying heights creating layered facades. These features collectively ensure that the façade maintains a visually attractive appearance as required for Limited Land Uses. Additionally, the project is conditioned to install a traffic signal lining up with Bermuda Palms across from the project site.

Section 3.11 (Private Signage) of the Specific plan regulates the design, size, placement, and approval of private signage within the MU-C and NC zoning districts. The Specific Plan identifies certain sign types that are permitted by right; however, Section 3.11.A.2 states that any sign type not expressly listed and permitted by right may only be approved by the Planning Commission through Design Review (Planning Review Discretionary). The Madison Pointe Phase 1 project has included a sign packet along with their conceptual plans with standards for reviewing monument, wall-mounted and window signs for individual tenants. Pursuant to Section 3.11.A.2, the Planning Review Discretionary process allows the Planning Commission to evaluate the proposed sign packet and its contents consistency with the intent of the Highway 111 Corridor Specific Plan, including corridor aesthetics, visual compatibility, and protection of the public realm.

Section 3.11.B General Standards – The following standards are applicable to all private signage within the Highway 111 Corridor Specific Plan:
a. Signs shall not obscure building entrances, cornices, columns, or other prominent architectural elements.

As proposed, monument, wall, and window signs do not obstruct buildings’ entrances, architectural features, or prominent design elements of the new commercial buildings and therefore meets this standards.
b. A maximum of three allowed sign types shall be allowed on a building or massing increment unless stated otherwise.

The applicant is proposing two sign types per building (wall signs and window signs) in accordance with the Highway 111 Corridor Specific Plan Sections 3.11.C.1.a and 3.11.C.1.b. While the maximum height for tenant signs generally remains consistent with the standards, an exception is requested for graphical wall signage, increasing the maximum height from 30 inches to 5 feet.

Additionally, the applicant seeks to raise the maximum allowable sign width percentage for tenant signs from 60% to 70%. The proposal includes five multi-tenant monument signs, four of which are located along Highway 111 as permitted, but one is proposed for Madison Street, requiring a deviation since monument signs are only allowed on Highway 111. Furthermore, the applicant requests approval for a center project identification sign measuring 49 feet 6 inches in width and 6 feet 8 inches in height, which exceeds the Specific Plan’s maximum sign width of 10 feet and approaches the maximum height limit of 7 feet. The proposed deviations enhance the commercial center’s visual identity by integrating the architectural elements from the building’s design form into the signage.
c. Phone numbers and email addresses shall be prohibited from being displayed on any of the allowed sign types, with the exception of front yard signs.

The applicant is not proposing to display phone numbers and email addresses. Conditions of approval will prohibit the display of phone numbers and email address for the project.