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Exemption Checklist
changes to the land uses analyzed in the GPU PEIR are proposed under the project. No impact peculiar to the project would occur that was not previously addressed in the GPU PEIR. No new impact would occur.
d. Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
No New Impact.
This topic was evaluated in the GPU PEIR (Impact 4.16.7) and was determined to be less than significant. Burrt ec Waste and Recycling Services recyclable collects trash and Station in the City and transports them to the Coachella Valley Waste transfer materials in Coachella. From the transfer sta tion, waste is transported to Ri verside County area landfills. As discussed above, the estimated remaining capac ity of Riverside County landfills is 181,783,284 cubic yards or 49,081,487 tons. Based on this cap acity, the Riverside C ounty landfills could accommodate the additional worst case/maximum of 48,680 tons per year or total of approximately one million tons of solid waste generated by growth under the GPU. No changes to the land uses analyzed in the GPU PEIR are proposed under the project, and no new impact would occur. e. Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
No New Impact. This topic was evaluated in the GPU PEIR (Impact 4.16.7) and was determined to be less than significant. All new development with in the City would be required to comply with AB 939, AB 341, and AB 1826 consistent with the local solid waste policies. As stated, solid waste volumes would not exceed that anticipated for build out of the project site at the planned density.
No changes to the land uses analyzed in the GPU PEIR are proposed under the project, and no new impact would occur.
Conclusion
With regard to the issue area of Utilities and Service Systems, the following findings can be made:
1. No peculiar impacts to the Project or its site have been identified.
2. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the GPU PEIR.
3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU PEIR.
4. No mitigation measures contained within the GPU PEIR would be required because project specific impacts would be less than significant.
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Mitigation Measures Identified in the PEIR and Applicable to the Project The GPU PEIR did not identify significant utilities and servi ce system impacts or mitigation measures.
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5.20 Wildfire
5.20.1 Summary of Impacts Id entified in the GPU PEIR
The GPU PEIR did not evaluate potential impacts associated with wildfire. According to the California Department of Forestry, Fire Hazard Severity Z ones in State Res ponsibility Areas website, the entire City is locat ed outside the State Responsibility Area. Impacts associated with wildfire would be less than significant.
5.20.2 Impacts Associat ed with the Project
If located in or near stat e responsibility areas or lands classified as very high fire hazard severity zones, would the project:
Environmental Issues
Project
Peculiar
Impact that is
not
Substantially
Mitigated by
Uniformly
Applied
Policies
Significant
Impact not
Analyzed as
Significant in
the Prior EIR
Potentially
Significant
Offsite or
Cumulative
Impact not
Discussed in
the prior EIR
Adverse
Impact More
Severe based
on
Substantial
New
Information
No New
Impact
a. Substantially impair an adopted
emergency response plan or
emergency evacuation plan?
☐ ☐ ☐ ☐ ☒
b. Due to slope, prevailing winds,
and other factors, exacerbate
wildfire risks, and thereby
expose project occupants to,
pollutant concentrations from a
wildfire or the uncontrolled
spread of a wildfire?
☐ ☐ ☐ ☐ ☒
c. Require the installation or
maintenance of associated
infrastructure (such as roads,
fuel breaks, emergency water
sources, power lines or other
utilities) that may exacerbate fire
risk or that may result in
temporary or ongoing impacts
to the environment?
☐ ☐ ☐ ☐ ☒
d. Expose people or structures to
significant risks, including
downslope or downstream
flooding or landslides, as a
result of runoff, post-fire slope
instability, or drainage changes?
☐ ☐ ☐ ☐ ☒
a. Would the project substantially impair an adopted emergency response plan or emergency evacuation plan?
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No New Impact. Avenue 39 and Jefferson Street are both evacuation routes for residents located within the area. As stated, City of Indio and su rrounding area is not located in a wildfire hazard zone. Project access improvements along Avenue 39 w ould be designed consistent with City of Indio Fire Department standards. The project would not have an adverse impact on emergency response plans or access routes. It also stated that projects woul d not interfere with operation of the City Emergency Operations Center and would not interfere with operations of emergency response agencies or with coordination and cooperation between such agencies. No impact would occur.
b. Would the project, due to slope, prevailing winds , and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
No New Impact. The project is located on a fl at site and is not within a wildfire hazard area. The project site is locate d in a Local Responsibil ity Area and under the ju risdiction of the Morongo City of Indio Fire Department. The proposed project would be required to adhere to the California Fire Code, as adopted by the City of Indio Fire Department, and would be reviewed by the City’s Building Department during the per mitting process to ensure that th e project plans meet the fire protection requirements. No new impact would occur.
c. Would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? No New Impact. As stated, implementation of City policies and fire safety regulations would reduce the impacts to less than significant. The project s ite would be served by th e City of Indio Fire Department. The project would not require the installation of infrastructure that would exacerbate fire risk or that would result in temporary or ongoing impacts to the environment. The project would be required to comply with the existing Ca lifornia Fire Code, as adopted by the City of Indio. No new impact would occur.
d. Would the project expose people or structur es to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
No New Impact. The project site is flat and as stated, is not subject to wildfire risk. There are slopes to the north; however, the area is also outside the State Responsibility Area for wildfire suppression. Therefore, the project is not anticipated to result in new impacts related to significant risks, including downslope or dow nstream flooding or landslides, as a result of r unoff, post-fire slope instability, or drainage changes. No new impact would occur.
Conclusion
While this issue was not discussed in the GPU EIR, the following findings can be made:
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Exemption Checklist
1. No peculiar impacts to the Project or its site have been identified. 2
2. There are no potentially significant off-site and/or cumulative impacts related to Wildfire that were not discussed by the GPU PEIR.
3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU PEIR.
4. No additional mitigation measures not c ontained within the GPU PEIR would be required.
Mitigation Measures Identified in the PEIR and Applicable to the Project No mitigation measures would be required to reduce wildfire risk.
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Exemption Checklist
Section 6 References
CalFire (California Department of Forestry and Fire Protection). 2024. Effective April 1, 2024. Fire Hazard Severity Zones in State Responsibility Area.
DTSC (Department of Toxic Su bstances Control). 2025. EnviroStor. Ac cessed March 2025. https://www.envirostor.dtsc.ca.gov/public/
FEMA (Federal Emergency Management Agency). FIRM Map 06071C8730J, Effective September 2, 2016. FEMA Flood Map Service Center. https://msc.fema.gov/portal/home FTA (Federal Transit Administration). 2018. Transit Noise and Vibration Impact Assessment Manual Rincon Consultants, Inc. 2019. City of Indio General Plan Update Final Environmental Impact Report.
SWRCB (State Water Reso urces Control Board). 2025. Geotra cker. Accessed September 2025. https://geotracker.waterboards.ca.gov/
United Civil Inc., Preliminary Hydrology Report, Tract 39405, November 2025 United Civil Inc., Preliminary Water Quality Management Plan, Tract 39405, November 2025 USFWS (U.S. Fish & Wildlife Service). 2025. National Wetlands Inventory. Accessed September 2025. https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/
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Appendix A. CalEEMod 2022.1 Output
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City Council
June 17, 2026
STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Brian Halvorson, Dir. Of Community Development Subject: Planning review Council City 1839, of Ordinance of Introduction No.
Commission Recommendations relating to amendments to Title 17 of the Unified Development Code (PLAN-DCA-26-0001), Article 4 (Regulations for Specific Uses), and Chapter 4.05 (Automotive Service and Repair/Fueling Stations) to add supplemental regulations pertaining to fueling stations.
RECOMMENDATION:
Consider Planning Commission Recommendations to approve amendments to Title 17 of the Unified Development Code (PLAN-DCA-26-0001), Article 4 (Regulations for Specific Uses), and Chapter 4.05 (Automotive Service and Repair/Fueling Stations), to add supplemental regulations pertaining to fueling stations and determine the project is categorically exempt based on CEQA guidelines section 15061(b)(3) (general rule exemption) and extend the moratorium until the permanent regulations can take effect.
SUMMARY:
Staff have prepared Unified Development Code (UDC) amendments (Attachment 1) addressing new fueling station standards for consideration by the Council. The proposed amendments were last reviewed by the Council on March 4, 2026. The proposed code amendments address input from the Planning Commission and City Council regarding improving and reducing the number of fueling stations (currently at 31 fueling stations which includes projects entitled but not built (Attachment 2).
The proposed code amendments include new location/area restrictions, spacing near sensitive receptors, improved landscaping/maintenance, amenities/design standards and security measures.
The Planning Commission reviewed the proposed amendments on the May 13, 2026 (Attachment 3, Planning Commission Resolution 2133) regular public hearing and recommended that Highway 111 restrictions be removed (based on additional consultation with tribes that is required before considering approval) and that parks, youth centers, and community centers be included in the locational restrictions contained within the code amendments.
BACKGROUND INFORMATION:
On April 16, 2025, the City Council gave direction to City staff to collaborate with the Planning Commission and receive its input pertaining to fueling stations in the City of Indio. On July 23, 2025, the Economic Development Director presented a gap analysis to the Planning Commission, which highlighted market forces, demand & supply data on fueling stations which indicated that the demand for fueling stations exceeds the current supply and there is a current gap in this market of approximately to provided was presentation million. follow-up A 17.93 the staff Planning Commission on September 10, 2025, where information was provided to the Commission on the number of fueling stations in the City and surrounding cities, the fueling station entitlement process, AGENDA ITEM #11.3
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 785 of 825 CalEnviroScreen data relative to fueling station locations, existing demand/policies for fueling centers and EV charging.
On October 10, 2025, the Planning Commission received another presentation summarizing staff research addressing the Commission’s feedback on fueling stations from previous Commission meetings. a recommending consensus a for Commission Planning the Additionally, reached moratorium and requested a feasibility study for fueling stations for consideration by the City Council. On November 12, 2025, the Commission received another presentation from staff on landscaping palettes and current Electrical Vehicle (EV) charging requirements as a means to reduce pollution at fueling stations. On December 3, 2025, Ordinance 1828 was approved by the Council for a 45-day moratorium on the establishment or expansion of fueling stations within the City of Indio. The purpose of the moratorium was to allow staff a reasonable amount of time to study and draft amendments to the UDC for Council review. On December 17, 2025, the Council also approved Ordinance No. 1829, adding a 90-day moratorium on fueling stations. Lastly, the Council approved Ordinance 1831 on March 4, 2026, which extended the moratorium 60 additional days (expiring on June 18, 2026).
The Planning Commission reviewed the proposed amendments on the May 13, 2026, regular public hearing be required (based removed restrictions on Highway that recommended 111 and consultation with tribes before considering approval) and that parks, youth centers, and community centers be included in the location restrictions contained within the proposed code amendments. If the Council decides to add this restriction, an additional 18 parcels (in addition to 800 restricted parcels) would not be eligible for the establishment of a fueling station. Refer to map exhibits shown in Attachments 3 and 4 to see a visual representation of these changes.
Comments from the California Fuels and Convenience Alliance regarding impacts of State and Local Bans on new construction and upgrades to fueling establishments and public comments are shown as Attachments 5 and 6. These comments were previously provided at the May 13, 2026, Planning Commission public hearing.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
N/A In current year budget: N/A
Current FY General
Fund Impact:
N/A Budget adjustment: N/A
Next FY Financial
Impact:
N/A Strategic Objective: Community Well-being
Source of funds: N/A Fund-Org-Object
Reference:
N/A
ATTACHMENTS:
Att 1 Ordinance Fueling Station Code Amendments
Exhibit A UDC Amendments
Att 2 Gas Station Locations
Att 3 PC Resolution 2133
Att 4 Gas Station Restrictions wo Highway 111
Att 5 Gas Station Restrictions Parks and Youth Centers
Att 6 Comments from CFCA
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 786 of 825 Att 7 Public Comments
Attachment 1 - Fuel Moratorium Extension
APPROVAL(S):
Ruby D. Walla, Director of Finance Approved - 09 Jun 2026 Steven Graham Pacifico, City Attorney Approved - 10 Jun 2026 Jonathan Nicks, City Manager Approved - 11 Jun 2026
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 787 of 825 ORDINANCE NO. ____
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO AMENDING THE INDIO DEVELOPMENT CODE (PLAN-DCA-26-0001), ARTICLE 4 UNIFIED (REGULATIONS FOR SPECIFIC USES) AND CHAPTER 4.05 (AUTOMOTIVE
SERVICE AND REPAIR/FUELING STATIONS), ADDING SUPPLEMENTAL
REGULATIONS PERTAINING TO FUELING STATIONS
WHEREAS, the City of Indio ("City") is duly organized and existing under the constitution and laws of the State of California;
WHEREAS, the City has adopted the Indio Unified Development Code (“UDC”), which is codified in part through the Indio Municipal Code and governs land use, development standards, administration and procedures, and development regulations related to fueling stations and convenience stores within the City; WHEREAS, on April 16, 2025, the City Council gave direction to City staff to collaborate with the Planning Commission and receive its input pertaining to fueling stations in the City of Indio;
WHEREAS, on July 23, 2025, the Economic Development Director presented a gap analysis to the Planning Commission, which highlighted market forces, demand and supply data on fueling stations;
WHEREAS, on September 10, 2025, a follow-up presentation was provided to the Planning and City in the of fueling Commission stations the number discussing surrounding cities, the fueling station entitlement process, CalEnviroScreen data relative to fueling station locations, existing demand and policies for fueling center and electric vehicle charging;
WHEREAS, on October 10, 2025, the Planning Commission received another presentation summarizing staff research addressing the Commission's feedback on fueling stations previous Commission meetings. Additionally, the Planning from Commission reached a consensus for recommending a moratorium and requested a feasibility study for fueling stations for consideration by the City Council; WHEREAS, on November 12, 2025, the Planning Commission received another presentation from staff on landscaping palettes and current electrical vehicle charging requirements as a means to reduce pollution at fueling stations; WHEREAS, on December 3, 2025, the City Council approved Ordinance No. 1828, enacting a 45-day moratorium on the establishment or expansion of fueling stations within the City of Indio;
WHEREAS, on December 17, 2025, the City Council also approved Ordinance No. 1829, adding a 90-day moratorium on fueling stations;
WHEREAS, on March 4, 2026, the City Council approved Ordinance No. 1831, which extended the moratorium 60 additional days;
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 788 of 825 WHEREAS, the Planning Commission held a duly noticed public hearing on May 13, 2026, to consider the Ordinance, at which time all interested persons had the opportunity to be heard and present evidence;
WHEREAS, the Planning Commission reviewed and considered the staff report, all documents incorporated therein or referred to therein, all written submissions, all testimony presented at the public hearing, and the entire administrative record relating to the Ordinance. The Planning Commission recommended that Highway 111 restrictions be removed and that parks, youth centers, and community centers be included as sensitive receptors within the proposed UDC amendments; WHEREAS, the City has prepared a draft ordinance incorporating the Planning Commission’s recommendations from the May 13, 2026 meeting for City Council review, which amends the UDC in order to update and improve existing supplemental development minimize impacts related to fueling stations and regulations and to convenience stores;
WHEREAS, the Indio 2040 General Plan Land Use and Urban Design element includes Goal LU-1 “Citywide Urban Structure,” which establishes a citywide urban structure that enhances the quality of life of residents, meets the community’s vision for the Indio established with together areas new weaves and future, growth neighborhoods;
WHEREAS, the Indio 2040 General Plan Land Use and Urban Design element includes Policies LU-2.2 “Balanced land uses”, LU-2.6 “Shade” and LU-3.4 “Tree planting” to maintain a balanced land use pattern, require the use of large shade trees or structures to provide comfortable environments during hot months, and encourage the planting of trees that appropriately shade the sidewalk and off-street parking areas to improve the pedestrian experience throughout the City; WHEREAS, Article 4 is intended to update the City’s regulations for specific uses, supplemental regulations, standards/amenities, maintenance, exception process, and vesting rights pertaining to fueling stations under the UDC; WHEREAS, the Ordinance promotes the public health, safety, and welfare by establishing minimum spacing for fueling stations near sensitive receptors and increasing the percentage and type of landscaping required at new fueling stations; WHEREASand policies, goals, the consistent is Ordinance the , with implementation programs of the City of Indio General Plan because they promote orderly benefits, community for provides development, of development ensures desirable character that would be harmonious with existing and proposed development, prescribes ensure to uses land reasonable for standards and controls affected compatibility and integrity of those uses with other established uses, promote the growth of the city in an orderly manner, and provides clear land use administration; WHEREAS, the adoption of this Ordinance is not a project under the California Environmental Quality Act because it can be seen with certainty that there is no
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 789 of 825 possibility that the adoption of this Ordinance may have a significant effect on the environment; and
WHEREAS, the City Council has the authority under the California Constitution and its police power to adopt regulations to protect the public health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings and Recitals. The City Council finds that all the recitals set forth above are true and correct and are incorporated herein as though fully set forth.
SECTION 2. Amendment to Code. The Ordinance amendments to Title 17 of the Unified Development Code, Article 4 (Regulations for Specific Uses), and Chapter 4.05 (Automotive Service and Repair/Fueling Stations), attached to and made a part of this ordinance as Exhibit A are hereby adopted in accordance with the findings that are contained in this Ordinance.
SECTION 3. No Other Amendments. Except as expressly amended hereby, all other provisions of the Indio Municipal Code shall remain in full force and effect.
SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance, or the application thereof to any person or circumstance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 5. CEQA Findings. The City Council finds that this Ordinance complies with the requirements of the California Environmental Quality (CEQA) and is exempt under CEQA pursuant to the common sense exemption under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment. The proposed amendments impose operational, siting, buffering, design and security standards on gas station uses and do not change the land use category, do not increase allowable density, and do not authorize new development. The proposed amendments restrict fueling station activity rather than expanding it or enabling it, and as such, it can be seen with certainty that there is no possibility that this ordinance will have a significant effect on the environment. Therefore, the project is exempt from CEQA.
SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption pursuant to California Government Code Section 36937.
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 790 of 825 SECTION 7. Publication and Posting. The City Clerk is hereby directed to certify to the adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
Exhibit A:
Amendments to Title 17 of the Unified Development Code, Article 4 (Regulations for Specific Uses), and Chapter 4.05 (Automotive Service and Repair/Fueling Stations)
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 791 of 825 1 TITLE 17 UNIFIED DEVELOPMENT CODE
ARTICLE 4 REGULATIONS FOR SPECIFIC USES
CHAPTER 4.05
SECTION 4.05.03: SUPPLEMENTAL REGULATIONS FOR FUELING STATIONS A.Purpose and Intent. This Section establishes location, design, landscaping, maintenance, amenities, and operational standards for fueling stations to:
1. Prevent excessive concentration of automotive uses that generate traffic congestion, air quality impacts, and land use incompatibility;
2. Protect residential neighborhoods and sensitive receptors from noise, lighting, air pollution, and environmental impacts;
3. Enhance air quality through increased tree canopy coverage and carbon sequestration;
4. Promote transition to zero-emission vehicles through required electric vehicle charging infrastructure;
5. Improve public health outcomes and address environmental justice concerns in underserved communities;
6. Ensure fueling stations are well-maintained, aesthetically pleasing, and contribute to community character and identity;
7. Promote access to fresh, healthy food options as an amenity and asset to the community;
8. Promote orderly commercial development consistent with the General Plan; and,
9. Ensure adequate spacing to prevent market oversaturation and maintain the fiscal sustainability of existing fueling stations.
B.Applicability. These standards apply to:
1. All new fueling stations;
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 792 of 825 2 2. Existing fueling stations proposing to add fuel dispensing positions; and
3. Existing fueling stations undergoing major remodels or expansions, as defined in Subsection B.4.
4. For the purposes of this Section, “Major Remodel or Expansion” means any alteration or improvement to an existing fueling station where the cost of such work exceeds fifty percent (50%) of the current assessed value of the existing improvements, or any expansion of the convenience store or canopy footprint exceeding twenty-five percent (25%) of the existing square footage.
C.Location Standards. Fueling stations shall comply with all of the following location requirements:
1.Intersection Limitation. No more than two (2) fueling stations shall be permitted at any single intersection. For purposes of this standard:
a. “Intersection” means the area encompassed by the four corner parcels adjacent to the point where two public streets cross; b. Properties fronting the same street but not at a corner shall not be counted toward this limitation; and
c. Existing and legally established fueling stations are counted toward this limitation.
2.Corridor and Area Restrictions. New fueling stations are prohibited on any parcel that has frontage on, or is located within seven hundred feet (700') of the street centerline of, the following corridors:
a. Indio Boulevard (entire length within City limits);
b. Jefferson Street (south of Interstate 10);
c. Monroe Street (between Dr. Carreon Boulevard and Interstate 10);
d. Jackson Street (north of Avenue 49/Odlum Drive); and e. Golf Center Parkway (south of Interstate 10).
f. Measurement. The seven hundred-foot (700’) distance shall be measured horizontally from the street centerline to the nearest property line of the subject parcel.
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 793 of 825 3 3.Minimum Spacing from Sensitive Receptors. New fueling stations shall not be located adjacent to:
a. Any parcel zoned for residential use;
b. Any parcel developed with residential use, regardless of zoning; c. Any school (public or private, grades K-12);
d. Any licensed childcare facility; or
e. Any senior care facility or assisted living facility. f. Adjacent. Property that is directly next to or touching another property, sharing a common boundary line. Adjacent includes parcels directly across a public right-of-way (street, alley, easement).
D.Enhanced Landscaping Standards. All fueling stations shall comply with the following landscaping requirements, which exceed the minimum landscape requirements otherwise applicable to commercial uses:
1. Minimum Landscape Coverage.
a. A minimum of twenty percent (20%) of the total site area shall be landscaped required of exclusive plant living material, with setback areas.
b. Landscaped areas shall be distributed throughout the site, including parking areas, perimeter areas, and planting areas adjacent to buildings.
2.Tree Canopy Requirements.
a.Minimum Tree Coverage. A minimum of twenty-five percent (25%) of the required landscape area shall consist of trees selected from the Regional Tree Palette (Subsection D.3). b.Tree Size at Installation. All trees shall be a minimum of twenty- four-inch (24") box size at time of planting, except where smaller sizes are recommended by the Regional Tree Palette for specific species.
c.Parking Lot Shading. Trees shall be located and selected to provide a minimum of fifty percent (50%) shade coverage over parking areas within ten (10) years of project completion. Shade calculations shall use the mature canopy size specified in the Regional Tree Palette.
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 794 of 825 4 d.Building and Sidewalk Shading. Trees shall be strategically located on the south and west sides of buildings and along public sidewalks to maximize shade and cooling benefits during afternoon hours.
3.Regional Tree Palette.
a. Palette Adoption. For the purposes of this Section, the City hereby adopts the tree palette contained in the Coachella Valley Association Guide Greening Governments of (CVAG) Urban
(October 2021), as may be amended, which is incorporated herein by reference and maintained by the Community
Development Director.
b. Native Species Preference. A minimum of fifty percent (50%) of all or species desert-adapted shall be planted trees native identified in the Regional Tree Palette.
c. Priority Species for Air Quality. Priority shall be given to tree species with high carbon dioxide (CO₂) sequestration potential, as quantified in the Regional Tree Palette. The Community
Development Director shall maintain a list of recommended high- performance species.
d. Prohibited Species: The following are prohibited:
i. species listed on the California Invasive Plant Invasive Council inventory;
ii. Species known to have high water consumption
inappropriate for desert climate;
Species with shallow root systems that damage hardscape; iii. and
Palm species as the sole tree type (palms may comprise no iv. more than 25% of total tree count due to limited shade
provision).
4. Landscape Maintenance Plan.
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 795 of 825 5 a. At time of application, applicant shall submit a Landscape Maintenance Plan prepared by a licensed landscape architect demonstrating:
i. Irrigation system design using drip irrigation or other water- efficient methods;
Smart irrigation controllers or weather-based controllers; ii.
Maintenance schedule for pruning, fertilization, pest iii. management, and replacement;
Water budget demonstrating compliance with State Model iv.
Water Efficient Landscape Ordinance; and
v. Plan for tree establishment period (first three years) with appropriate watering frequency and duration.
b. The approved Landscape Maintenance Plan shall be recorded against the property and maintained on-site for inspection.
E.Convenience Store Amenities and Design Standards. Where a convenience store or retail component is included as part of a fueling station, the following standards apply:
1. Fresh Food Access
a. Convenience stores with a gross floor area of one thousand (1,000) square feet or greater shall dedicate a minimum of 5 percent (5%) of interior retail display space to fresh, healthy food options, including:
i. Fresh fruits and vegetables;
ii. Fresh or prepared sandwiches, salads, and meals;
iii. Refrigerated dairy products;
iv. Whole grain products; and
v. Other perishable healthy food items.
b. Fresh food display areas shall be prominently located and maintained in sanitary condition.
c. The applicant shall submit a Fresh Food Access Plan
demonstrating compliance, including product sourcing,
refrigeration capacity, and display layout.
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 796 of 825 6 d.Exception: This requirement may be waived by the Community Development Director upon demonstration that a full-service grocery store or market offering fresh produce is located within five hundred (500) feet of the fueling station site, or within the same commercial shopping center.
2.Convenience Store Size Maximum a through approved Unless .
Conditional Use Permit (CUP), convenience stores associated with fueling stations shall not exceed four thousand (4,000) square feet of gross floor area.
3.Transparency and Architecture.
a. A minimum of forty percent (40%) of the building facade facing public shall doors or windows streets of consist transparent allowing views into and out of the building.
b. Any window coverings, tinting, shelving, or storage of items that block visibility into a building is prohibited.
c. Building materials shall include a minimum of two (2) of the following:
Decorative masonry, stone, tile, stucco with reveals or texture, or other high-quality materials approved by the Community
Development Director.
d. Blank walls exceeding twenty (20) linear feet shall incorporate architectural relief through pilasters, offsets, window openings, or decorative architectural panels.
4.Public Amenities. All fueling stations shall provide the following on-site amenities:
a. Clearly marked trash and recycling receptacles at fueling islands and building entrances;
b. Air and Water. Free air and water for customers who purchase fuel; and
c. Restrooms accessible to the public during all hours of operation, maintained in sanitary condition.
d. When artwork is included and approved as an amenity, Indio Municipal Code Section 3.06.D.b (Art in Public Places) applies
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 797 of 825 7 and the art in public places program allocation costs may be waived by the City Manager.
5. Maintenance Plan and Operational Standards.
a. At time of application, the applicant shall submit a Maintenance Plan property or owner manager. the by prepared property Property owners and operators shall maintain fueling stations in accordance with the approved Maintenance Plan and shall adhere to the following standards at all times:
i. Landscape Maintenance:
A. healthy, maintained in shall be All a landscaping
thriving condition free of weeds, disease, and dead
plant material;
B. Automatic irrigation systems shall be maintained in
working order;
C. Trees shall be pruned in accordance with
International Society of Arboriculture (ISA) standards; D. Dead or diseased trees shall be removed and
replaced within sixty (60) days.
Pavement and Hardscape: ii.
A. Pavement shall be maintained free of cracks,
deterioration, and potholes;
B. Striping and pavement markings shall be maintained
in a clearly visible condition;
C. Permeable paving areas shall be cleaned and
maintained to preserve infiltration capacity.
iii. Building and Equipment:
A. Building facades, canopies, and architectural features shall be maintained free of peeling paint, rust, graffiti, or deterioration;
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 798 of 825 8 B. Fuel dispensers and associated equipment shall be
maintained in a clean, operational condition;
C. Lighting fixtures shall be maintained in working order with burned-out bulbs replaced within seven (7) days.
iv. Signage
A. All signage shall be maintained in good condition, free of damage, fading, or disrepair;
B. Obsolete or damaged signs shall be removed or
replaced within thirty (30) days;
C. All requirements regarding sign regulations contained in Chapter 3.05 including standards for window signs
shall apply.
v. Trash and Litter
A. Site shall be kept free of litter, debris, and trash; B. regularly emptied and shall receptacles be Trash
maintained in sanitary condition.
6. Electrical Vehicle Charger.
a. A minimum of one (1) electric vehicle charging station and electric vehicle supply equipment shall be required regardless of the number of parking spaces provided on the fueling station site.
This requirement exceeds requirements set forth in the any California Green Building Code and all Building Codes relating to design, construction and placement apply.
7. Security Measures.
(a) A fueling station and convenience store business shall implement sufficient security measures to deter and prevent the theft of retail products at the business. Except as may otherwise be determined by the City Manager or designee, these security measures shall include, but shall not be limited to, all of the following:
(1) Exterior lighting systems (including motion sensors) for afterhours security as approved by the Chief of Police and/or the Community Development Director were applicable.
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 799 of 825 9 (2) Preventing individuals from remaining on the premises of the business if they are not engaging in an activity directly related to the permitted operations of the business. In cases in which the individual will not voluntarily leave the premises, the business employee shall contact the Police Department.
(3) Establishing limited access areas accessible only to the authorized business personnel.
(4) Installation of 24-hour security surveillance cameras of at least high-definition (HD) quality to monitor all entrances and exits to and from the premises, all interior spaces within the business which are open and accessible to the public, all interior spaces where cash, or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion could reasonably occur. All cameras shall record in color. All exterior cameras shall be in weather-proof enclosures, shall be located so as minimize the possibility of to vandalism, and shall have the capability to automatically switch to black The be shall business low in white and conditions. light responsible for ensuring that the security surveillance camera's footage is remotely accessible by the City Manager, and that it is compatible with the city's software and hardware. In addition, if required, remote and real-time, live access to the video footage from the cameras shall be provided to the Chief of Police at the expense of the permittee.
Video recordings shall be maintained for a minimum of 90 days and shall be made available to the Chief of Police upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the business and shall be capable of enlargement via projection or other means. Internet protocol address information shall be provided to the Police Department by the business, to facilitate remote monitoring of security cameras by the Department or its designee. Each business shall have network security protocols that are certified by Underwriters Laboratories. (5) Sensors shall be installed to detect entry and exit from all secure areas and shall be monitored in real time by a security company licensed by the State of California Bureau of Security and Investigative Services.
(6) Panic buttons shall be installed in all convenience stores with direct notification to the Police Department dispatch and shall be configured to immediately alert dispatch for the Police Department. City of Indio, CA Downloaded from https://ecode360.com/IN6951 on 2026-04-27.
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 800 of 825 10 (7) Having a professionally installed, maintained, and monitored real- time alarm system by a security company licensed by the State of California Bureau of Security and Investigative Services. The permittee shall be required to obtain an alarm permit from the Police Department. (8) Security personnel shall be on-site 24 hours a day or alternative security as authorized by the City Manager or designee and must have a security patrol when closed. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the City Manager or designee, with such approval not to be unreasonably withheld.
(9) The business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.
(10) Each business shall have an accounting software system in place to provide point of sale data as well as audit trails of both product and cash, where applicable.
(11) Each fueling station and convenience store shall demonstrate to the Chief of Police, City Manager or their designees, compliance with the state's track and trace system.
(12) Each fueling station and convenience store shall have a professionally installed video surveillance system, access control and intrusion and business, the to designed systems alarm protect employees. Each business shall have network security protocols that are certified by Underwriters Laboratories.
(13) Exterior vegetation shall be planted, altered and maintained in a fashion that precludes its use as a hiding place for persons on the premises.
(14) Emergency access and emergency evacuation plans that are in compliance with state and local fire safety standards.
(15) Each fueling station and convenience store shall identify a designated security representative/liaison to the city, who shall be reasonably available to meet with the City Manager or designee regarding any security related measures and/or operational issues.
The designated security representative/liaison shall, on behalf of the fueling station and convenience business, annually maintain a copy of
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 801 of 825 11 the current security plan on the premises of the business, to present to the City Manager or designee upon request that meets the following requirements:
(a) Confirms that a designated manager will be on duty during business hours and will be responsible for monitoring the behavior of employees.
(b) Identifies all managers of the fueling station and convenience store and their contact phone numbers.
(c) Confirms that first aid supplies and operational fire extinguishers are located in the service areas and the manager's office. (d) Confirms that burglar, fire, and panic alarms are operational and monitored by a licensed security company 24 hours a day, seven days a week, and provides contact information for each licensed security company.
(e) Identifies a sufficient number of licensed, interior, and exterior security personnel who will monitor individuals inside and outside the fueling station and convenience store, the parking lot, any adjacent property under the business' control, and ensure that the parking lot is cleared of employees and their vehicles one-half hour after closing.
(f) The fueling station and convenience store shall cooperate with the city whenever the City Manager or designee makes a request, with or without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this chapter. (g) A fueling station and convenience store shall notify the City Manager or designee within 24 hours after discovering any of the following:
(1) Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the City Manager or designee.
(2) Diversion, theft, loss, or any criminal activity involving the fueling station or convenience store business or any agent or employee of the business.
(3) The loss or unauthorized alteration of records related to the business, customers or employees or agents of the
business.
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 802 of 825 12 (4) Any other breach of security.
Compliance with the foregoing requirements shall be verified by the City Manager or designee prior to commencing business operations. The City Manager or designee may supplement these security requirements once operations begin, subject to review by the City Manager or designee if requested by the business owner.
F. Exception Process.
1.Authority to Grant Exceptions. The Planning Commission may grant an exception to the Corridor and Area Restrictions set forth in Subsection C.2 only through approval of a Conditional Use Permit that includes findings supported by substantial evidence as required by this subsection.
2.Required Findings. An exception permit may be granted only upon finding all of the following:
a. Market Demand and Economic Analysis. A market and economic feasibility study, prepared by a qualified independent consultant retained Community the by and applicant the by approved Development Director, demonstrates:
i. traffic counts, current Quantified based demand fuel on population projections, and vehicle miles traveled (VMT) data specific to the market area;
ii. Comprehensive analysis of existing fueling station capacity, utilization rates, and service level;
Documentation through spatial analysis that the proposed iii. location serves an underserved market area with inadequate access to fueling facilities;
economic result in not iv. approval will Demonstration that displacement or closure of existing fueling stations within one thousand (1000) feet; and
v. Analysis of future trends in fuel demand accounting for electric vehicle adoption rates and State zero-emission vehicle mandates.
General Plan Consistency. The proposed fueling station is b. consistent with the goals, policies, and land use designation of the General Plan, and specifically advances General Plan policies related to economic development, air quality, and community design;
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 803 of 825 13 c. No Significant Adverse Impacts. Based on site-specific analysis, the proposed use will not create significant adverse impacts on traffic circulation, air quality, noise, lighting, or surrounding land uses, or any such impacts can be mitigated to less-than- significant levels through enforceable conditions of approval; d. Superior Design and Environmental Performance. The proposal incorporates that practices features and operational design substantially exceed the minimum standards of this Section. e. Substantial Public Benefit: The proposal provides a substantial, demonstrable public benefit, which may include but is not limited to:
i. Improved access to fresh, healthy food in an identified food desert USDA Access Food documented as by area
Research Atlas or equivalent source;
ii. Provision of enhanced public amenities such as public plaza, community meeting space, public art, or transit facilities; affordable to through Meaningful iii. contribution housing development agreement or community benefits package;
iv. Services to a significantly underserved community with documented need; or
v. Other public benefits of equivalent value as determined by the Reviewing Authority.
3.Exception Not Available. No exception may be granted to:
a. The Intersection Limitation in Subsection C.1; or
b. The Minimum Spacing from Sensitive Receptors in Subsection C.3.
c. These standards are deemed essential for public health, safety, and welfare and may not be waived or reduced.
4.Processing Requirements. Applications for exception permits shall be processed as Conditional Use Permits pursuant to this Code, with review
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 804 of 825 14 and recommendation by the Director and final action by the Planning Commission.
a. The applicant shall bear all costs including but not limited to:
i. Environmental review pursuant to the California
Environmental Quality Act (CEQA);
ii. Market and economic feasibility study preparation by qualified independent consultant;
Public notice and hearing costs; and iii.
City staff review and processing costs. iv.
b. The market study shall be peer-reviewed by a City-retained independent expert, at applicant's expense, prior to Planning Commission consideration.
G.Nonconforming Fueling Stations.
Legal legally were that 1. Fueling Status. Nonconforming stations established prior to the effective date of this Section but do not conform to the location, development, or operational standards herein may continue to operate as legal nonconforming uses, subject to the provisions of this Code and this subsection.
2. Continuation of Use. Legal nonconforming fueling stations may continue to operate interior and repairs, routine and maintenance, conduct improvements without being required to conform to this Section, provided:
a. The use is not discontinued for a continuous period exceeding six (6) months; and
b. The nonconformity is not increased or expanded as described in Subsection G.3.
3.Limitations on Expansion and Modification.
a. Prohibited Expansions: Nonconforming fueling stations may not:
i. Add fuel dispensing positions or fueling islands;
ii. Expand the canopy footprint;
Expand the fuel storage capacity; or iii.
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 805 of 825 15 Increase the convenience store gross floor area by more iv. than ten percent (10%);
unless brought into full compliance with this Section or granted an exception permit pursuant to Section F.
b. Permitted Improvements: Nonconforming fueling stations may make the following improvements without triggering requirement to conform:
i. Routine maintenance, painting, and repairs;
ii. Replacement of fuel dispensers, underground storage tanks, or associated equipment with equivalent or improved
technology;
iii. Interior remodeling of a convenience store that does not expand gross floor area;
Installation of EV charging equipment; iv.
v. Landscape improvements; and
vi. Upgrades to comply with environmental, building, or fire code requirements.
4.Major Remodel Triggers Compliance. If a legal nonconforming fueling station undergoes a major remodel or expansion as defined in Subsection B.4, the entire site shall be brought into compliance with the landscaping, amenity, and maintenance standards of this Section to the maximum extent feasible as determined by the Community Development Director.
Location shall not apply to legal nonconforming stations standards undergoing major remodel unless the nonconformity is being expanded.
H.Vested Rights and Pending Applications. Nothing in this Section shall impair any prior with accordance in property develop to rights property vested regulations. Rights vest when substantial work is performed and substantial liabilities are incurred in good faith reliance upon a validly issued building permit, pursuant to California common law and applicable statutes. Applications for fueling stations that were deemed complete and accepted for processing by the Community Development Director prior to effective date of this ordinance shall be processed under the regulations in effect at the time of application submittal, provided the application review proceeds with reasonable diligence, all required application materials are timely submitted, and any required fees are paid.
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 806 of 825 ,4
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Introduction of Ordinance No. 1839, City Council review of Planning Comm...Page 807 of 825 1 RESOLUTION NO. 2133
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF INDIO,
CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA TO ADOPT AND APPROVE AMENDMENTS TO UNIFIED
CODE DEVELOPMENT LOCATIONS LIMITING FUELING STATION AND ESTABLISHING DEVELOPMENT STANDARDS (CASE NO. PLAN-DCA-26-0001)
AND DETERMINE THE PROJECT IS EXEMPT FROM CEQA REVIEW UNDER THE COMMON SENSE EXEMPTION (CEQA GUIDELINES SECTION 15061(B)(3)).
WHEREAS, on December 3, 2025, the City Council approved Ordinance 1828 for a 45-day moratorium on the establishment or expansion of fueling stations to allow staff a reasonable amount of time to study and draft amendments to the code for Council consideration; and
WHEREAS, on December 17, 2025, the City Council approved Ordinance 1829 adding a 90-day moratorium on fueling stations; and
WHEREAS, on March 4, 202 6, the City Council approved Ordinance 1831 extending for a period of 60 -days the moratorium on fueling stations and reviewed draft Unified Development Code Text Amendments. These amendments shall be referred to as the “Project”; and
WHEREAS, the City of Indio Project is part of ongoing efforts to implement the goals and policies of the 2040 General Plan; and
WHEREAS, the Project would amend the Unified Development Code Regulations for Specific Uses to limit the location and apply new development standards for fueling stations, consistent with the City of Indio General Plan 2040; and
WHEREAS, on September 18, 2019, the City Council of the City of Indio adopted Resolution No. 1901 that certified the Final General Program Environmental Impact Report (FEIR) for the Indio 2040 General Plan, which analyzed the environmental impacts associated with implementing the City’s long-term land use strategies; and
WHEREAS, the environmental impacts of implementing development pursuant to the 2040 General Plan have already been evaluated as part of the 2019 Final General Program EIR, and the proposed zoning text amendments comply with the mitigation measures set forth in that document; and
WHEREAS, the Project is categorically exempt from additional environmental review under CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) because the Project itself will not result in any physical changes to the environment; and Docusign Envelope ID: 40F741FD-2B72-8E0B-810B-4B866B2F78A2
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 808 of 825 2 WHEREAS, a notice of a public hearing to consider th e Project , was issued in accordance with the State Law and applicable local regulations, including the publication of a legal public hearing notice in the Desert Sun on May 1, 2026; and
WHEREAS, the Planning Commission held a duly noticed public hearing on May 13, 2026, to consider the Project, at which time all interested parties had the opportunity to present evidence, written and oral testimony, and the Planning Commission considered the staff report, public testimony, and other evidence presented at the public hearing.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF INDIO, CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES AS FOLLOWS:
SECTION 1. Incorporation of Recitals . The Planning Commission hereby specifically finds that all of the facts set forth in the recitals of this Resolution are true and correct, and are incorporated into the following findings by reference, and constitute a material part of this Resolution.
SECTION 2 . Environmental Findings . The Planning Commission has independently reviewed the environmental determination, the staff report, and all written and oral testimony presented at the public hearing. The Planning Commission hereby finds and determines that the Project is exempt from environmental review under CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) because it can be seen with certainty that there is no possibility that the proposed Unified Development Code Amendments is Project The environment. a on effect significant have may the administrative in nature and refine development and siting standards applicable to fueling stations. The Project does not approve any specific development projects, does not expand the geographic areas in which fueling stations are permitted, and does not increase allowable development intensity. Additionally, the Projec t is consistent with the 2040 General Plan and the environmental effects were already analyzed in the Final Program EIR, which was certified by the City Council through Resolution No. 1901 on September 18, 2019.
Docusign Envelope ID: 40F741FD-2B72-8E0B-810B-4B866B2F78A2
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 809 of 825 3 SECTION 3. Unified Development Code Amendment Findings. Based upon the evidence presented at the hearing, including the staff report and written and verbal testimony, which are all incorporated herein by reference, the Planning Commission hereby finds that:
1. The proposed Unified Development Code Amendments are consistent with the General Plan and all relevant elements.
Location restrictions and development standards are consistent with several goals and policies outlined in the City of Indio General Plan 2040, particularly:
a. 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 areas together with established Indio neighborhoods.
The Unified Development Code amendments enhance the quality of life of residents by limiting the number of fueling stations, establishing a minimum spacing for fueling stations from sensitive receptors and requires enhanced landscaping standards.
b. Policy LU-2: Balanced land uses. Maintain a balanced land use pattern to support a broad range of housing choices, retail businesses, employment and cultural institutions, opportunities, educational entertainment spaces, and other supportive uses and within long - established Indio neighborhoods and new growth areas.
The Unified Development Code amendments will promote a more balanced land use pattern by limiting the number of fueling stations which in turn will support a broad range of land uses including other supportive uses that may be developed in new growth areas of the City.
c. Policy LU-2.6: Shade. large or trees shade of the Require use structures to provide comfortable environments during hot months;
Policy LU 3.4: Tree Planting. Encourage the planting of trees that appropriately shade the sidewalk and off -street parking areas to improve the pedestrian experience throughout the City.
include Code Development Unified The amendments canopy tree requirements with minimum tree coverage, tree size, parking lot shading, and building/sidewalk shading that will provide comfortable environments and improve the pedestrian experience during hot months and throughout the year.
Docusign Envelope ID: 40F741FD-2B72-8E0B-810B-4B866B2F78A2
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 810 of 825 4 d. Policy 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 Unified Development Code amendments require design standards relating to building materials, transparency, and architectural relief that improve the type and variety of building materials to be used on fueling stations which will improve the durability and authenticity of materials to be utilized on new fuel stations.
e. Policy HE-2.7: Health-promoting uses. Prioritize health -promoting uses in new development including neighborhood markets, grocery stores, medical centers, pharmacies, parks, gyms, and community gardens.
New development standards in the Unified Development Code for fueling stations require fresh food access where convenience stores with a gross floor area of one thousand (1,000) square feet or greater shall dedicate a minimum of 5 percent (5%) of interior retail display space to fresh, healthy food options such as fresh fruits and vegetables , fresh or prepared sandwiches, salads, and meals , refrigerated dairy products , whole grain products, and other perishable healthy food items.
f. Policy HE-3.4: Sensitive-receptor uses. Discourage development of sensitive land uses – defined as schools, hospitals, residences, and elder and childcare facilities – near air pollution sources that pose health risks – including freeways and polluting industrial sites.
New development standards in the Unified Development Code for fueling stations require minimum spacing from sensitive receptors. New fueling stations shall not be located adjacent to , any parcel zoned for residential use, any parcel developed with residential use, regardless of zoning , any school (public or private, grades K -12), any licensed childcare facility , or any senior care facility or assisted living facility.
Docusign Envelope ID: 40F741FD-2B72-8E0B-810B-4B866B2F78A2
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 811 of 825 5 g. Policy HE-3.10: Lower-Support technologies. emission fuel collaboration between State, regional, and local agencies to continue transitioning goods movement and transit vehicles to lower-emission fuel technologies in order to reduce vehicle air pollution.
New development standards in the Unified Development Code would require a minimum of one (1) electric vehicle charging station and electric vehicle supply equipment regardless of the number of parking spaces provided exceeds requirement This any station fueling the on site. requirements set forth in the California Green Building Code and all Building Codes relating to design, construction and placement apply.
h. Policy HE-4.1: Healthy food. Ensure convenient access to affordable, fresh produce in all neighborhoods, including grocery stores, farmers’ markets, and community gardens, particularly in underserved areas of Indio.
New development standards in the Unified Development Code for fueling stations require fresh food access where convenience stores with a gross floor area of one thousand (1,000) square feet or greater shall dedicate a minimum of 5 percent (5%) of interior retail display space to fresh, healthy food options.
2. proposed The Unified Code Development amendments would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.
The proposed amendments will improve the public interest, health, safety and welfare of the City by establishing minimum spacing for fueling stations near sensitive receptors and increasing the percentage and type of landscaping required at new fueling stations . Additionally, all fueling station projects will be subject to Planning Review to ensure compliance with health, safety, and welfare standards set by the Unified Development Code.
3. The proposed Unified Development Code amendments will promote the growth of the city in an orderly manner and promote and protect the public health, safety, peace, comfort, and general welfare.
The proposed amendments will promote the growth of the city by maintaining areas of the city that will allow fueling stations but in a more orderly manner that promotes and protects the public health, safety, peace, comfort and general welfare by not allowing fueling stations to be adjacent to residential uses, schools, childcare facilities, and senior care facilities.
Docusign Envelope ID: 40F741FD-2B72-8E0B-810B-4B866B2F78A2
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 812 of 825 6 4. The Unified Development Code amendments preserve open space, identified environmentally natural vegetation, significant trees, sensitive areas, watercourses, historic buildings and places, and other features of value to the community.
Future projects will be required to comply with CEQA requirements and be subject to review under the Unified Development Code to ensure the protection of open space, sensitive areas, natural vegetation, significant trees, watercourses, historic buildings/places, and other features of value to the community.
5. The Unified Development Code amendments provide for efficient street and utility systems through the clustering of structures.
The Unified Development Code requirements promoting compact developments that optimize utility and street layouts, supporting the General Plan's emphasis on efficient infrastructure use will be maintained.
6. The Unified Development Code amendments utilizes innovative methods and concepts not readily available under traditional subdivision and zoning methods.
The proposed amendments introduce methods and concepts that are new to the city in order to improve the location and development standards that apply to the establishment of new fueling stations.
7. The Unified Development Code amendments prescribe reasonable controls and standards for affected land uses to ensure compatibility and integrity of those uses with other established uses.
All future fueling projects will be reviewed for compatibility under the new development standards in the Unified Development Code for a coordinated approach uses while land to affected these improve will standards new compatibility and integrity of established sensitive land uses.
8. The proposed Unified Development Code amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species.
The proposed amendments would preserve p roperty development rights and all future development projects will need to comply with environmental regulations aimed at protecting sensitive habitats and species . All developments must align with the City's environmental goals, including goals and policies of the General Plan Conservation Element ensuring the protection of sensitive land uses and species in accordance with CEQA guidelines.
Docusign Envelope ID: 40F741FD-2B72-8E0B-810B-4B866B2F78A2
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 813 of 825 7 9. The proposed Unified Development Code amendments ensure development of desirable character, which would be harmonious with existing and proposed development in the surrounding neighborhood.
The Unified Development Code amendments promote development that creates a harmonious integration with surrounding neighborhoods by applying new development standards that ensure desirable character for fueling stations that are harmonious in development surrounding and existing with proposed neighborhoods.
10. The proposed Unified Development Code amendments have 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.
The General Plan Land Use/Urban Design Element and Mobility Element plans and encourages developments that support multi -modal transportation options, such as walking, biking, and transit access.
11. The proposed Unified Development Code amendments provides for community benefits beyond those normally required under existing development regulations.
New development standards such as increased landscaping, spacing, fresh food access, electrical vehicle chargers, and additional amenities at new fueling stations provide community benefits beyond those normally required under existing development regulations.
12. The proposed Unified Development Code amendments are the highest and best use of the land relative to the requested change in allowable land uses, development as standards and density, and/or intensity development compared against the current zoning applied to the properties that would have updated development standards.
No change is proposed relating to the highest and best uses of land in the area relative to the change in allowable areas where fueling stations are allowed.
Development intensities/density, and existing development standards would still be maintained to ensure highest and best use.
Docusign Envelope ID: 40F741FD-2B72-8E0B-810B-4B866B2F78A2
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 814 of 825 8 13. The proposed Project has been reviewed in compliance with CEQA and it can be seen with certainty that the proposed Project would not result in a significant impact on the environment.
The Project qualifies for the Commonsense Exemption under CEQA Guidelines § 15061(b)(3). The proposed amendments establish and refine development standards applicable to fueling stations intended to improve compatibility with surrounding circulation, to related impacts reduce and uses land potential aesthetics, and public safety. The proposed Project does not approve any specific development project, does not expand the geographic areas in which fueling stations are permitted, and does not increase allowable development density.
Accordingly, it can be seen with certainty that the proposed Project would not result in a significant effect on the environment and it is therefore exempt from CEQA pursuant to Guidelines section 15061(b)(3).
SECTION 4. the Planning Commission hereby recommends that the City Council adopt the findings stated here in and approve the Project.
SECTION 5. The Planning Commission Secretary shall certify the passage, approval, and adoption of this Resolution.
PASSED, APPROVED, and ADOPTED this 13th day of May 2026 by the following vote, to wit:
AYES: Franz, Ortiz, Santos, Scarborough-Eckel, Slater
NOES: None
ABSTAIN: None
ABSENT: None
___________________________
GLORIA FRANZ
PLANNING COMMISSION CHAIR
ATTEST:
________________________________
PAULINA MENDOZA
PLANNING COMMISSION SECRETARY
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Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 817 of 825 Impacts of a State and Local Bans on
New Construction and Upgrades
TO FUELING ESTABLISHMENTS IN CALIFORNIA
In view of growing interest by environmental advocates in banning new or upgraded fueling establishments in California, Capitol Matrix Consulting was commissioned by the California Fuels and Convenience Alliance to (1) analyze the various contributions the Fueling and Convenience industry, and (2) discuss the impacts that widespread local bans or a statewide ban would have on California.
Included here are CMC’s main findings.
10,423
fueling establishments
in California
8,900 (about 85 percent)
are connected to convenience
stores
66,000
workers
directly
employed
59,000
jobs
indirectly
supported
$5.7
billion
in wages
annually
$15.0 billion
gross state product
annually
Nearly $10 billion
paid in taxes to state and local governments in California, supporting roads, transit, schools and other state and local government services INDUSTRY’S ECONOMIC FOOTPRINT
ENTREPRENEURIAL OPPORTUNITIES FOR SMALL BUSINESS OWNERS 61 percent
of the owners are first generation, foreign-
born immigrants – the highest of any
industry in the U.S.
About 60 percent
of gasoline establishments are operated by
owners that own just one station.
Over 95 percent
of fueling establishments
in California are operated
by small business owners
of branded franchisee
gasoline establishments or
of independent gasoline
establishments.
1 Stations
Owned
2-10
11-100
100-
500
Over
500
Gas
Stations
Accom-
modations
and Food
Service
Personal
Services
All Retail
61%
36% 31%
24%
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 818 of 825
CURRENT BENEFITS TO MOTORING PUBLIC
Provides the motoring public with
convenience, reliability, choices of
brands and pricing points, and the ability
to save time by combining fueling with
other purchases. “Range anxiety” is never a
problem, due the state’s well-
developed network of stations.
Fuel cell electric vehicles, powered by hydrogen,
are a logical alternative for the millions of
California families living in apartments where there is a lack of dedicated space and electrical infrastructure for overnight charging of electric vehicles.
California’s fueling stations are well
positioned to dispense hydrogen
FUTURE BENEFITS TO THE MOTORING PUBLIC
Yet as of early 2023 the state had only 63 operating
hydrogen dispensing retail stations in place.
ENACTED AND
PROPOSED BANS ON
FUELING STATION
CONSTRUCTION AND
UPGRADES
As of early 2023, 8 cities in Sonoma, Napa, and Marin
Counties, as well as the County of Sonoma, have enacted fueling station bans.
Other local governments are considering such bans, and
Legislation has been introduced that would require the
state to study the feasibility of phasing out existing gasoline stations across the state.
NEGATIVE CONSEQUENCES OF SUCH BANS
Loss of jobs,
income and
small business
ownership
opportunities
in the fueling
and convenience
industry.
Loss of fueling
options for
consumers,
adding time
and vehicle
miles traveled
for refueling
activities.
Loss of
opportunity to
convert fueling
establishments
to dispensers
of hydrogen,
electrical
charging, and
other alternative
fuels.
Less
competition
and higher
prices for
gasoline during
the energy
transition,
especially in
growing regions
of the state.
2520 Venture Oaks Way, Suite 100
Sacramento, CA 95833
(916) 646-5999
cfca.energy
Renewable fuels made from agricultural
feedstocks, such as soybean or canola oil,
sharply reduce net CO2 emissions from
transportation and can play a major role in
California’s energy transition.
….and renewable fuels
Examples include renewable diesel,
gasoline, and natural gas.
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 819 of 825 aOutlook
PublicComment,gasstations
May—DateWed5/13/20261:01PMTo NikolasGuilron<[email protected]> Cc PlanningServices<[email protected]>;PaulinaMendoza<[email protected]> ThisMessagelsFromanUntrustedSender
Youhavenotpreviouslycorrespondedwiththissender.
Ifyouhavequestionsregardingthiswarning,[email protected] ReportSuspicious
Goodeveningplanningcommission,thankyoufortakingthetime,thediligence,andputtingintheeffortonthistopic,Yourhardworkisnoted.Thesametocitystaff,thankyou, MyonlyoutstandingrequestisthatthemoratoriumbeextendedtoincludeallofMonroe.Thatistrulywheretheconcentrationofgasstationslie.Withover5gestations,and120+gaspumps,thesaturationisoverwhelmingandaddingmoretothecorridorwouldbeincompletionofzoningandenvironmentalhealthforthepublic, Onceagain,thankyou.
Karen
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 820 of 825
ORDINANCE NO. ______
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, TO CALIFORNIA GOVERNMENT CODE SECTION PURSUANT 65858, EXTENDING THE INTERIM MORATORIUM ON THE ESTABLISHMENT,
OR INTENSIFICATION OF GAS STATIONS ESTABLISHED BY EXPANSION, ORDINANCE NO. 1828, AS EXTENDED BY ORDINANCE NOS. 1829 AND 1831,
UNTIL THE EFFECTIVE DATE OF PERMANENT REGULATIONS PERTAINING TO
FUELING STATIONS
WHEREAS, the City of Indio (“City”) is a municipal corporation organized and operating under the laws of the State of California, with authority to regulate land use within its boundaries pursuant to its police powers and the Planning and Zoning Law; and WHEREAS, on December 3, 2025, the City Council adopted Ordinance No. 1828, an urgency the moratorium interim day on forty-five a establishing (45) ordinance establishment, expansion, or intensification of gas stations within the City; and WHEREAS, Ordinance No. 1828 was adopted to address compatibility concerns regarding gas stations, including their proximity to residential neighborhoods and sensitive receptors, potential oversaturation, public safety, air quality, environmental justice, to of frustration the prevent concerns, compatibility and and use land contemplated updates to the City’s General Plan and zoning regulations; and WHEREAS, on December 17, 2025, the City Council adopted Ordinance No. 1829, extending the interim moratorium to allow additional time for City staff to study existing fueling safety and health public conditions, market locations, station demand, considerations, land use compatibility, and potential amendments to the City’s development standards; and
WHEREAS, on March 4, 2026, the City Council adopted Ordinance No. 1831, further extending the interim moratorium pursuant to Government Code section 65858; and WHEREAS, during the moratorium period, City staff, in coordination with the Planning Commission, evaluated the number and location of gas stations in the City, existing and projected sensitive and neighborhoods proximity to demand, residential fueling receptors, landscaping, design, operational standards, electric vehicle charging infrastructure, convenience store amenities, and appropriate location and spacing standards for fueling stations; and
WHEREAS, the Planning Commission considered draft permanent regulations for fueling stations and, on May 13, 2026, adopted a resolution recommending that the City Council approve amendments to Title 17 of the Indio Unified Development Code, including Article 4 relating to regulations for specific uses and Chapter 4.05 relating to automotive service and repair/fueling stations; and
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 821 of 825
WHEREAS, on June 17, 2026, the City Council considered the introduction and first reading of an ordinance amending the Indio Unified Development Code to establish permanent standards, location including spacing fueling for regulations stations, requirements, sensitive receptor protections, landscaping and tree canopy standards, convenience store amenities, electric vehicle charging requirements, security measures, exception procedures, nonconforming use provisions, and vested rights and pending application provisions; and
WHEREAS, if introduced on June 17, 2026, second reading and adoption of the permanent ordinance will be scheduled for July 15, 2026; and WHEREAS, the permanent ordinance amending the Indio Unified Development Code will not take effect until thirty (30) days after adoption; and WHEREAS, the current interim moratorium will expire before the permanent ordinance takes effect unless the City Council adopts a further extension pursuant to Government Code section 65858; and
WHEREAS, allowing the interim moratorium to expire before the permanent regulations become effective would create a temporary gap during which applications for the establishment, expansion, or intensification of gas stations could be filed or processed under existing regulations, thereby frustrating the purpose of the moratorium and the permanent regulations considered by the City Council; and WHEREAS, the City Council finds that there continues to be a current and immediate threat to the public health, safety, and welfare because approval of additional gas stations, gas the before stations, existing or intensification or expansion of the permanent regulations become effective could result in land uses that are incompatible with residential neighborhoods and sensitive receptors, inconsistent with the City’s long- term land use and public health objectives, and contrary to the regulatory framework the City has studied and is in the process of adopting; and WHEREAS, the City Council further finds that the approval of additional entitlements, permits, licenses, or other approvals for the establishment, expansion, or intensification of gas stations during the brief bridge period before the permanent regulations become effective would result in a threat to the public health, safety, or welfare by allowing projects to proceed under regulations the City has determined require amendment; and WHEREAS, the City has taken substantial steps to alleviate the conditions that led to the adoption and extension of the moratorium, including public study sessions, Planning Commission review, preparation of draft code amendments, environmental review, and City Council consideration of permanent regulations; and WHEREAS, this extension is limited in duration and is intended only to maintain the status quo until the permanent regulations adopted by the City Council become effective; and
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 822 of 825
WHEREAS, Government Code section 65858 authorizes the City Council to extend an interim urgency ordinance by at least a four-fifths (4/5) vote following notice and a public hearing; and
WHEREAS, the City Council desires to extend the interim moratorium for the limited period necessary to allow the permanent fueling station regulations to become effective.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings.
The City Council finds and determines that the above recitals are true and correct and incorporates them herein as substantive findings in support of this Ordinance. In addition, the City Council specifically finds as follows:
A. There continues to be a current and immediate threat to the public health, safety, and welfare because the approval of additional stations, or the expansion or gas intensification of existing gas stations, before the City’s permanent regulations become effective incompatible surrounding with that development could is in result neighborhoods, sensitive receptors, public health and safety objectives, and the City’s General Plan and land use policies.
B. The approval of additional entitlements, permits, licenses, or other approvals for gas stations during the extended moratorium period would result in a threat to the public health, safety, or welfare by allowing development to proceed under existing regulations before the City’s adopted or pending permanent regulations take effect.
C. The City has taken substantial steps to alleviate the conditions that led to the moratorium, including evaluating existing fueling station locations, receiving Planning Commission input, draft regulations, conducting public hearings, and preparing considering permanent amendments to the Unified Development Code.
D. A limited extension of the moratorium is necessary to avoid a regulatory gap between the expiration of the existing moratorium and the effective date of the permanent fueling station regulations.
SECTION 2. Moratorium Extended.
Pursuant to Government Code section 65858, the interim moratorium established by Ordinance No. 1828 is hereby extended. During the extended period, the prohibitions, regulations, and provisions set forth in Ordinance No. 1828, as extended, shall remain in full force and effect.
SECTION 3. Duration of Extension.
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 823 of 825
This extension shall remain in effect until the effective date of Ordinance No. ______, the ordinance amending the Indio Unified Development Code to establish permanent regulations pertaining to fueling stations, unless earlier terminated by the City Council.
This extension is intended to maintain the moratorium until that ordinance becomes effective. In no event shall this extension remain in effect beyond September 17, 2026, unless further extended in accordance with Government Code section 65858.
SECTION 4. Continued Exemptions.
This Ordinance extends and preserves the exemptions provided in Section 5 of Ordinance No. 1828, and nothing in this Ordinance is intended to eliminate or modify any vested rights or exemptions previously recognized.
SECTION 5. CEQA.
The City Council finds that this Ordinance is not a “project” within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines because it maintains the status quo and does not approve any development or other activity that may result in a direct or reasonably foreseeable indirect physical change in the environment.
Alternatively and independently, the City Council finds that this Ordinance is exempt from CEQA pursuant to State CEQA Guidelines sections 15060(c)(2), 15060(c)(3), and 15061(b)(3), because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment, is not a project subject to CEQA, and it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment.
SECTION 6. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, and portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
SECTION 7. Effective Date; Urgency Declaration.
This Ordinance is adopted as an urgency measure pursuant to Government Code section 65858 and shall take effect immediately upon adoption by at least a four-fifths (4/5) vote of the City Council.
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 824 of 825
The facts constituting the urgency are as follows: the existing interim moratorium is scheduled to expire before the City’s permanent fueling station regulations become effective. Without this Ordinance, applications for the establishment, expansion, or intensification of gas stations could be filed or processed during that gap period under existing regulations, thereby undermining the City’s ongoing planning process, frustrating the purpose of the permanent regulations, and posing a current and immediate threat to the public health, safety, and welfare.
SECTION 8. Publication and Posting.
The City Clerk is hereby directed to certify to the adoption of this Ordinance and to cause the same to be published or posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED this 17th day of June, 2026.
PASSED, APPROVED, AND ADOPTED this ___ day of __________, 2026.
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
ELAINE HOLMES
Mayor
ATTEST:
____________________________
SABDI SANCHEZ
Director of City Clerk Services
Introduction of Ordinance No. 1839, City Council review of Planning Comm... Page 825 of 825