Agenda — Indio City Council, October 7, 2026 (part 8 of 9)

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 723 of 883

81.All grading and pad elevations will be subject to approval of the Community Development Director and the City Engineer based on grading plans and additional information to be submitted during plan check.

Prior to Issuance of a Building Permit:

Prior to issuance of any building permit(s), the Applicant shall demonstrate full compliance with the following conditions of approval.

82.Prior to the issuance of a Building Permit the applicant shall provide Valley Sanitary District with both civil and architectural drawings of the building and site improvements for review and approval.

83.Valley Sanitary District will only issue sewer construction and connection permits after plan approval, the payment of all sewer related fees and the submittal of required documents that will be provided to the Owner/Developer at the time of plan approval.

During Construction:

Prior to issuance of any building permit(s), the Applicant shall demonstrate full compliance with the following conditions of approval.

84. Manholes and cleanouts located in paved areas shall be raised to grade and collars and/or traffic rated boxes provided per Valley Sanitary District standards.

Prior to Issuance of a Certificate of Occupancy:

Prior to issuance of a Certificate of Occupancy, the Applicant shall demonstrate full compliance with the following conditions of approval.

85.Applicant shall:
a. Dispose of all concrete and asphalt removals from the proposed project to an approved recyclable site.
b. Applicant shall provide City of Indio Public Works Department with a copy of receipt showing tonnage for the disposal of recyclable concrete and asphalt.
c. Dispose of all material removals from the proposed project to an approved disposal site.

86.Applicant shall obtain an encroachment permit prior to starting any street improvements within public right-of-way.

87.Applicant shall dedicate the corner cutback right-of-way on the northwest corner of the parcel.

88.Applicant shall construct sidewalk along the westerly property line between Docusign Envelope ID: 38276103-8ABC-8A41-815E-94D81C7EB403

Page 157 of 181 ends

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 724 of 883 Highway 111 and the existing driveway. Additionally, applicant shall construct connecting sidewalk from Highway 111 to the proposed building.

89.The proposed project shall comply with Americans with Disabilities Act (ADA) requirements.

90.Street address shall be shown on Precise Grading Plans.

91.Applicant shall remove and replace any damaged or broken curb/gutter, sidewalk, and asphalt along the project property frontages.

92.All improvements shall comply with City standards, requirements, and policies.

Applicant is required to construct all transition and missing links between existing and proposed improvements.

IID Conditions of Approval

93.The following conditions are imposed on behalf of IID, and they may be eliminated or amended by IID without the need for any further City approval. To be effective, any such elimination or amendment shall be in writing with a copy transmitted to the Public Works Director.

94.The project proponent will be required to provide and bear all costs associated with the acquisition of land, rights of way, easements, and infrastructure relocations and realignments deemed necessary to accommodate this project. Any street or road improvements imposed by the local governing authority shall also be at the project proponent’s cost.

95.Public utility easements shall be dedicated over all private and public roads, and an additional ten (10) feet in width on both sides of the private and public roads shall be dedicated to IID for the construction, operation, and maintenance of its electrical infrastructure. IID reserves the right to require expansion of these easements based on the type of electric infrastructure to be installed.

96.Any new, relocated, modified or reconstructed IID facilities required for and by the project (which may include but is not limited to the dedication of real property for the purpose of siting an electrical utility substations to support the project, the cost of acquisition and dedication of rights of way and/or easements for the construction of electrical transmission and/or distribution lines and ancillary facilities associated with the conveyance of energy service) are to be included as part of the project's CEQA and/or NEPA documentation, environmental impact analysis and mitigation.

97.The applicant will be required to provide rights of way and easements for any proposed power line extensions and/or any other infrastructure needed to serve the project. In addition, the necessary access to allow for continued operation and maintenance of any IID facilities located on adjoining properties where no public access exists.

Docusign Envelope ID: 38276103-8ABC-8A41-815E-94D81C7EB403

Page 158 of 181 ends

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 725 of 883

98.Substations and switchyards shall be located on property that will be transferred to IID in fee simple ownership with legal access.

99.Approved design plans (Conduit Plan) are to be included with a Tract Map review. 100. Mylar maps to be submitted for processing only upon IID review and design (conduit) plan approval.

Docusign Envelope ID: 38276103-8ABC-8A41-815E-94D81C7EB403

Page 159 of 181 ends

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 726 of 883 SECTION 5. The Planning Commission Secretary shall certify the passage of, approval, and adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 26th day of August 2026, by the following vote, to wit:

AYES: Franz, Ortiz, Santos
NOES: None
ABSTAIN: None
ABSENT: Slater, Scarborough-Eckel
_____________________________

GLORIA FRANZ

PLANNING COMMISSION CHAIRPERSON
ATTEST:
_______________________

PAULINA MENDOZA

COMMISSION SECRETARY
Docusign Envelope ID: 38276103-8ABC-8A41-815E-94D81C7EB403

Page 160 of 181 ends

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 727 of 883 RESOLUTION NO. 2148

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF INDIO,

CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE THE
CONDITIONAL USE PERMIT FOR THE 7BREW PROJECT (CASE FILE NO.

PLAN-CUP-26-0011) CONSISTING OF A DRIVE-THROUGH RESTAURANT AS A LIMITED LAND USE PURSUANT TO SECTION 3.14 OF THE HIGHWAY 111 CORRIDOR SPECIFIC PLAN LOCATED SOUTH OF HIGHWAY 111 AND WEST OF JEFFERSON STREET (APN: 600-020-021), AND DETERMINING THAT THE

PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15332 (CLASS 32 – IN-FILL DEVELOPMENT) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES.

WHEREAS, 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); and, WHEREAS, 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; and, WHEREAS, The Kaidence Group (“Applicant”), 5070 N. 40th Street, Suite 210, Phoenix, AZ 85018, submitted an application for a Pre-Application Conference on October 6, 2026; and
WHEREAS, City Staff conducted a Pre-Application Conference on October 23, 2026; and,
WHEREAS, The Applicant submitted an application for a Planning Review Discretionary (PLAN-PRD-26-0027) and Conditional Use Permit (PLAN-CUP-26-0011) for a drive through restaurant in the Mixed Use Corridor Zone on a parcel identified as Assessor's Parcel Number (APN) 600-020-021 located south of Highway 111 and west of Jefferson Street within the City of Indio; and,
WHEREAS, the proposed Planning Review Discretionary application consists of the development of an approximately 910 square foot drive-through coffee shop, including site deign, architecture, circulation, landscaping, parking, and a Master Sign Plan; and,
WHEREAS, the Project site is located south of Highway 111 and west of Jefferson Street in the City of Indio, Riverside County, California (APN: 600-020-021) (“Property”); and
Docusign Envelope ID: 38276103-8ABC-8A41-815E-94D81C7EB403

Page 161 of 181 ends

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 728 of 883 WHEREAS, the Project site is designated Mixed Use Neighborhood and Connected Neighborhood High in the General Plan 2040, has a zoning designation of Mixed-Use Corridor (MUN) under the Highway 111 Corridor Specific Plan; and WHEREAS, The City of Indio, acting as Lead Agency, determined that the Project is exempt from further environmental review pursuant to CEQA Guidelines Section 15332 (Class 32 – In-Fill Development), as it meets all conditions of the exemption; and WHEREAS, in accordance with Government Code Section 65090, on August 7, 2026, City staff published a legal notice of public hearing in The Desert Sun, the newspaper of record, and mailed notices of public hearing on August 6, 2026, to all property owners within 500 feet of the boundaries of the proposed Project; and WHEREAS, on August 26, 2026, the Planning Commission held a duly noticed public hearing to consider the Conditional Use Permit application (Case File No. PLANCUP-26-0011), during which evidence, both written and oral, including the staff report and supporting documents, was presented and considered; and WHEREAS, following the conclusion of the public hearing and discussion, the Planning Commission approved this Resolution, recommending conditional approval of the Planning Review application for the 7Brew Project (Case File No. PLAN-PRD-25- 0018) by the City Council, subject to the conditions of approval stated herein and as documented in the meeting minutes of the August 26, 2026 Planning Commission meeting.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF INDIO, CALIFORNIA, HEREBY FINDS, DETERMINES AND RESOLVES 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 this Resolution by reference and constitute a material part of this Resolution.

SECTION 2. Environmental Evaluation. Section 6.03.06 of the Unified Development Code states that all “projects” as defined by the California Environmental Quality Act (CEQA) shall be reviewed for compliance with, or exemption from, CEQA and its Guidelines. Environmental review for the proposed project was conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). The City of Indio, acting as Lead Agency, determined that the proposed Project is consistent with the applicable General Plan designation and all applicable general plan policies as well as with the applicable zoning designation and regulations. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project site has no value as habitat for endangered, rare or threatened species.

Approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality. The site can be adequately served by all required utilities and public services. The Project is categorically exempt from CEQA pursuant to CEQA Docusign Envelope ID: 38276103-8ABC-8A41-815E-94D81C7EB403

Page 162 of 181 ends

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 729 of 883 Guidelines Section 15332 – In-fill Development. Accordingly, no further environmental documentation is required.

SECTION 3. Conditional Use Permit (CUP) Findings. Based upon the evidence presented at the hearing, including the staff report, the Planning Commission hereby finds and determines the project complies with the necessary findings as required by the Highway 111 Corridor Specific Plan for Planning Case File No. PLAN-CUP-26-0011 as follows:

Section 3.1.C.3 (Relationship to Indio Municipal Code and Unified Development Code) of the Specific Plan specifies that this Chapter relies on several existing procedural requirements of the Indio Municipal Code (IMC) and/or Unified Development Code (UDC).

Table 3.5-1 (Allowed Uses) specifies that all drive-through restaurant land uses are subject to the issuance of a conditional use permit approval and that the issuance of this approval shall ultimately be by the City Council following review and issuance of a recommendation by the Planning Commission.

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.

The project site is zoned Mixed-Use Corridor (MU-C) under the Highway 111 Corridor Specific Plan. Limited Land Uses such as drive-through restaurants require a Conditional Use Permit and are approved by the City Council (PLAN-CUP-26-0011). All other applicable provisions, including parking, signage, and building code requirements, have been addressed through this discretionary review and are subject to conditions of approval.

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

The project is consistent with the City of Indio General Plan 2040 designations of Mixed Use Neighborhood (MUN), as well as the Highway 111 Corridor Specific Plan. 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 1 with approval of a CUP by the City Council. The proposed use supports the intent of the Highway 111 Corridor by transforming into a lively mixed-use area with retail, commercial, and pedestrian-oriented corridors. The project promotes goals LU-1, LU-2, and LU-4 of the General Plan, which call for a defined citywide urban structure, comfortable spaces, and high-quality building designs.

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.

The site is located in an established urban area with adequate vehicle, pedestrian, emergency access, and utility services. The proposed development meet all health and Docusign Envelope ID: 38276103-8ABC-8A41-815E-94D81C7EB403

Page 163 of 181 ends

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 730 of 883 safety standards through conditions of approval, including stormwater retention, landscaping, and infrastructure improvements. The project is not located near sensitive habitat or geologic constraints. All improvements are designed to protect public health and safety, and the project is not expected to cause harm to surrounding properties or the community.

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.

While the project includes variations such as single-story buildings below the MU-C minimum height requirement, these can be approved under the Limited Land Use provisions (Section 3.14) to facilitate near-term economic revitalization. The project complies with development standards for floor area ratio, building height (within the exceptions), parking, building placement (within the exceptions), signage (with modification requested), and site design. Certain minor deviations, such as front setback distances for some pads, are approved pursuant to CUP and Limited Land Use provisions.

Highway 111 Corridor Specific Plan Section 3.5.C Supporting Findings for Approved Land Uses
A. That the proposed use will not become a public nuisance, resulting in disturbances of the peace, illegal drug activity including sales or possession thereof, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, public urination, curfew violations, theft, assaults, batteries, acts of vandalism, illegal parking, excessive littering, excessive noise (particularly between the hours of 11:00 p.m. and 7:00 a.m.), noxious smells or fumes, lewd conduct, or frequent police detention, citations or arrests, or any other activity declared by the City to be a public nuisance determined by California law to be public nuisance.

The proposed Project consists of one (1) drive through. The proposed use is a customary commercial activity and is not inherently associated with the nuisance activities identified in this finding. The Project has been designed with defined vehicular circulation, drivethrough queuing areas, pedestrian pathways, parking, site lighting, landscaping, and trash enclosures intended to support safe and orderly operation.

The tenant will remain responsible for maintaining the buildings, parking areas, drivethrough lanes, landscaping, sidewalks, and other common areas in a clean and orderly condition. Compliance with the applicable conditions of approval, City regulations, business-license requirements, noise standards, property-maintenance requirements, and public-safety regulations will be required throughout operation of the Project.

Accordingly, the proposed uses are not anticipated to result in disturbances of the peace, Docusign Envelope ID: 38276103-8ABC-8A41-815E-94D81C7EB403

Page 164 of 181 ends

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 731 of 883 illegal activities, excessive littering, unlawful parking, vandalism, or other conditions constituting a public nuisance.

B. That the proposed use will not generate noise, light, glare, dust, noxious odors or other similar adverse effects on surrounding uses. For the purposes of this requirement, “surrounding uses” shall include occupants of neighboring buildings, occupants of other floors within the same building, and pedestrians passing along the sidewalk in front of the subject property.

The proposed project is located within an established commercial center and are separated from surrounding properties by parking areas, drive aisles, landscaped setbacks, public streets, and existing commercial development. Potential operational noise will primarily consist of vehicle movements, drive-through ordering equipment, mechanical equipment, and ordinary restaurant activity. The Project is required to comply with the City’s applicable noise standards, and drive-through speakers and other equipment must be installed and operated so that noise does not create an adverse effect on surrounding uses.

The Project includes site lighting and building-mounted lighting designed to provide visibility for customers and employees while limiting light spill and glare onto adjoining properties and public rights-of-way. Rooftop mechanical equipment will be screened, and restaurant exhaust and mechanical systems will be subject to applicable building, mechanical, and air-quality requirements. Construction-related dust and noise will be temporary and regulated through applicable City requirements and conditions of approval.

With implementation of these requirements, the Project is not anticipated to generate excessive noise, light, glare, dust, noxious odors, or similar adverse effects.

C. By the design and construction of buildings and by hours of operation of the subject use, noise that would be disruptive to residents of dwellings beside or above the proposed use shall not be permitted between the hours of 11:00 P.M. and 7:00 A.M.

No residential dwelling units are located within, beside, or above the proposed commercial building. The nearest parcel with residential uses is located approximately 660 feet away from the project site located at 47555 Jefferson Street, known as “Arroyo Crossing.” The Project consists of a detached, single-story, 910 square foot drive through building within the existing Desert Crossroads commercial center. The building design, separation from residential uses, placement of drive-through lanes, and intervening commercial development reduce the potential for nighttime operational noise to affect residential properties. All uses will remain subject to the City’s applicable noise standards and conditions of approval during all hours of operation, including the period between 11:00 p.m. and 7:00 a.m. Therefore, the proposed uses are not anticipated to create disruptive nighttime noise affecting residential dwellings.

D. That the proposed use will not generate access and parking requirements in excess of those provided for Section 3.12.

Docusign Envelope ID: 38276103-8ABC-8A41-815E-94D81C7EB403

Page 165 of 181 ends

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 732 of 883 The Project provides off-street parking, drive-through queuing, pedestrian circulation, and vehicular access designed to serve a quick-service restaurant with pedestrian take-out in accordance with Section 3.12 of the Highway 111 Corridor Specific Plan. The site plan provides two (2) designated drive-through lanes and vehicle-stacking areas for each building, separate from the primary drive aisles and parking spaces, to reduce interference with on-site circulation. Access is provided through the existing Desert Crossroads circulation system and existing connections to Highway 111.

The proposed parking meets parking requirements of the specific plan and drive-through stacking have been evaluated as part of the Planning Review and Conditional Use Permit applications. Compliance with the applicable parking, loading, accessible-parking, and drive-through queuing requirements will be required through the approved plans and conditions of approval. Accordingly, the proposed uses are not anticipated to generate access or parking demands in excess of the facilities provided pursuant to Section 3.12.

E. That perceived privacy and/or security requirements of the proposed use will not lead building users to maintain rarely opened opaque window coverings on street-facing windows, nor to routinely utilize rear or side entries rather than street-facing front doors as the primary means of access and egress to the building.

The proposed building is designed to provide walk up pedestrian service through an access door on the north elevation and drive through service through two (2) access doors on the south elevation. The project does not allow public access into the building and does not require the level of privacy or security that would ordinarily result in permanently covered storefront windows. The building elevations incorporate substantial storefront glazing along east elevation, allowing visibility between the employee work areas and adjacent pedestrian areas. The proposed 7Brew restaurant is not proposing public access to interior areas during operating hours, and window coverings may be necessary for glare control, energy efficiency, or operational purposes.

F. That the ground floor rooms adjacent to the street frontage will be occupied during much of the day and occupied and/or lighted during most evenings.

The Project consists of a single-story drive through restaurant containing employee workstations, storage areas, and an employee-only restroom. Employee workstations will remain occupied and illuminated during operating hours. i. For all retail, restaurant and indoor recreational uses, display windows shall not “wall off” views into retail interior spaces, and the interiors of dining rooms and activity rooms shall be clearly visible to passing pedestrians.

Docusign Envelope ID: 38276103-8ABC-8A41-815E-94D81C7EB403

Page 166 of 181 ends

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 733 of 883 The drive through restaurant building incorporates storefront glazing along the east elevation, adjacent to vehicle and pedestrian order pick up areas.

The glazing is intended to preserve views into active interior spaces and will not be designed or operated as an opaque display wall that prevents visual connection between the building interiors and adjacent pedestrian areas.

Covered order and pick up areas, architectural canopies, and pedestrian pathways further support activity and visibility around the restaurant buildings.
ii. For office uses, front rooms should include lobbies, waiting areas, and office spaces in which window blinds are typically open.

This finding is not applicable. The proposed Project does not include office uses.
iii. For residential uses, units should be configured such that public realm-facing rooms include living rooms and dining rooms, and should not include bathrooms, closets and other uninhabited spaces.

This finding is not applicable. The proposed Project does not include residential dwelling units.

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.

The project is located in a mixed-use corridor with adjacent vacant and commercial uses, all consistent with the General Plan and Specific Plan land use designations. The development’s scale, building height, and use are compatible with the existing surrounding neighborhoods and support planned future mixed-use growth. The project maintains compatibility by incorporating pedestrian pathways, landscaping, and appropriate building articulation, without disrupting existing uses or community character.

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.

The site consists of one vacant parcels totaling approximately 0.81 acres, with no significant topographic or geologic constraints. Access is available via existing driveways from Highway 111 and on-site circulation as part of the “Desert Crossroads” shopping center. The site can be served by existing utilities (water, sewer, stormwater) as confirmed by city departments. The proposed densities and building sizes are within the allowable floor area ratios and height requirements (with conditional use permit exceptions). Stormwater management has been conditioned into the project and landscape plans are in place to support the development sustainably.

Docusign Envelope ID: 38276103-8ABC-8A41-815E-94D81C7EB403

Page 167 of 181 ends

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 734 of 883 SECTION 4. Recommendation. Based on the foregoing, the Planning Commission of the City of Indio recommends that the City Council CONDITIONALLY APPROVE the Conditional Use Permit application (Case File No. PLAN-CUP-26-0011) for the 7Brew Project. The Applicant shall demonstrate compliance with all conditions of approval as specified in the Resolution. Failure to comply with these conditions may result in delays to project implementation or the rescission of project approval by the City of Indio, in accordance with applicable procedures. Where the term “Applicant” is used in any condition of approval, it shall also apply to the property owner, developer, or any successor in interest. It is the Applicant’s or successor’s responsibility to comply fully with all conditions, unless subsequently modified through the City’s established procedures.

A. General Conditions of Approval:

The Applicant shall demonstrate full compliance to the following conditions of approval.

The relevant City department or division or outside agency is noted in parentheses in the event that there are questions or additional information needed regarding a condition of approval. The Applicant shall adhere to and comply with each of these conditions, as set forth herein, as applicable and when necessary, and in no event later than the issuance of Certificate of Occupancy:

1. Where the term “Applicant” is used herein, this term shall apply also to the Property owner, any developer, or any successor in the interest of the Applicant. (Planning Division)

2. The Planning Review (Case File No. PLAN-PRD-26-0027 ; PLAN-CUP-26-0011 & PLAN-ER-26-0021) approval granted by this Resolution shall be valid for twenty-four (24) months from the effective date of this Resolution; unless prior to the expiration of the two years, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the application, or a certificate of occupancy is issued; otherwise, this Design Review approval will automatically expire unless an extension of time has been granted as specified in Section 6.03.10 of the Unified Development Code.

3. In the event of any legal challenge, claim, administrative proceeding, or litigation arising from or related to the approval, construction, or operation of the project, including but not limited to any concurrent legislative acts, approvals, agreements or environmental determinations (“Project Approvals and Operations”) the Applicant shall, at its own expense, defend the City, its elected and appointed officials, officers, employees, agents, volunteers and attorneys (“Indemnified Parties”) against such legal challenge, claim, administrative proceeding, or litigation. In addition, the Applicant shall reimburse the City for the City’s cost of defending any such legal challenge, claim, administrative proceeding, or litigation, including, but not limited to, all attorney’s fees (including the City Attorney’s fees), legal costs, expert fees and costs, and all other expenses incurred by the City in connection with the legal challenge, claim, administrative proceeding, or litigation. The Applicant shall indemnify and hold harmless the Indemnified Parties from and against any and all liabilities, Docusign Envelope ID: 38276103-8ABC-8A41-815E-94D81C7EB403

Page 168 of 181 ends

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 735 of 883 claims, damages, losses, judgments, fines, penalties, costs, and expenses (including reasonable attorney's fees and costs) arising from or in connection with the Project Approvals and Operations. This indemnification shall cover all claims, regardless of whether they arise from the negligence of the Indemnified Parties. The Applicant shall cooperate with the City in any such defense as the City may reasonably request and may not resolve such challenge without the agreement of the City. The Applicant agrees to hold harmless the Indemnified Parties from any and all claims, damages, losses, and expenses, including but not limited to attorney's fees, arising out of or resulting from the Project Approvals and Operations. This hold harmless obligation shall apply even if the claims, damages, losses, or expenses arise out of the negligence or fault of the Indemnified Parties. If Applicant fails to perform any of the obligations described in this paragraph, the City shall have the right, among other remedies, to revoke the approvals for the Project without any liability to the Applicant.

In order to ensure compliance with this condition, within twenty (20) days after notification by the City, the Applicant shall deposit with the City cash in the amount of ten thousand dollars ($10,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to the City of all costs related to any action triggering the obligations of this condition. If the City is required to draw on that cash or security to indemnify or reimburse itself for such costs, the Applicant shall restore the deposit to its original amount within thirty (30) calendar days after notice from the City.

Additionally, if at any time the City Attorney determines that an additional deposit is necessary to secure the obligations of this section, the Applicant shall provide such additional security within thirty (30) calendar days of notice from the City Attorney. City shall promptly notify the Applicant of any legal challenge, claim, administrative proceeding or litigation to which the above obligations apply and the Applicant shall cooperate fully with the City in the defense.

4. All Conditions of Approval shall be provided on a full-size sheet as part of the construction plan set. All notes and specifications shown on the approved plans shall be considered Conditions of Approval. In the event of a conflict between the approved plans and the Conditions of Approval, the Conditions of Approval shall prevail.

5. Approval of this project authorizes a Conditional Use Permit and Planning Review Discretionary for the 7Brew Drive Through Coffee Shop. No building permits shall be issued until all applicable conditions of approval have been satisfied.

6. The Applicant shall ensure that development occurs in substantial conformance with the approved plans for the 7Brew Drive Through Coffee Shop, including the approved Conditional Use Permit, Planning Review exhibits, and all conditions of approval, as determined by the Community Development Director or designee.

7. In the event of any conflict between the conditions of approval associated with this Planning Review, the Highway 111 Corridor Specific Plan, and Indio Unified Development Code, the condition of approval and the provisions of the Highway 111 Corridor Specific Plan shall govern, in that order.

Docusign Envelope ID: 38276103-8ABC-8A41-815E-94D81C7EB403

Page 169 of 181 ends

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 736 of 883

8. Within thirty 30 calendar days following adoption of the City Council Resolution approving the Conditional Use Permit and Planning Review Discretionary, the Applicant shall submit written acceptance of all conditions of approval to the Community Development Director. Failure to submit written acceptance within the required time frame shall render the approval null and void.

9. The Applicant shall permit City staff to conduct periodic inspections to verify compliance with all conditions of approval. The first inspection will occur within 6 months of a Certificate of Occupancy. The Planning Commission reserves the right to initiate a review of the PLAN-PRD-26-0027 and PLAN-CUP-26-0011 based on verified complaints or evidence of non-compliance.

10.Any sign type, design element, or signage standard not specifically addressed within the approved Master Sign Plan shall comply with the applicable signage standards of the Highway 111 Corridor Specific Plan Section 3.11 (Private Signage).

11.Monument Signage shall be limited to 8 feet in height and 12 feet in Width.

12.All signage shall be externally illuminated or halo lit.

13.Pursuant to Section 3.13 (Site Design) of the Highway 111 Corridor Specific Plan, all development shall comply with the applicable development standards set forth in Section 3.13.D of the Highway 111 Corridor Specific Plan. The following requirements shall be demonstrated prior to issuance of building permits and verified prior to the final planning inspection for approval for each lot:
a. Lighting Abutting the Public Realm. Lighting within surface parking lots, private frontages, and any other on-site open space that abuts a public right of way shall comply with the following standards:
i. Lighting shall be shielded by permanent attachments to fixtures so that light sources are not visible from adjacent properties or the public right of way.
ii. No freestanding fixture shall exceed a height of 15 feet as measured from finished adjacent grade.
iii. Light sources shall have a maximum output of no greater than 3,00 lumens.
iv. Required illuminance (in footcandles)

1. Max: 4.0

2. Min: 0.2

3. Max average: 0.8

4. Uniformity ratio (max/min): 20/1

5. Uniformity ratio (average/min): 4/1
Docusign Envelope ID: 38276103-8ABC-8A41-815E-94D81C7EB403

Page 170 of 181 ends

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 737 of 883

14.Other Applicable Standards
Development shall also comply with the applicable sections of Article 3 of the Highway 111 Corridor Specific Plan, including:
a. Section 3.6 (Subdivision, Connectivity, & Public Realm Completion) b. Section 3.7 (Public Realm Standards)
c. Section 3.8 (Building Placement & Access)
d. Section 3.9 (Building Height)
e. Chapter 3.10 (Facades and Frontages)
f. Chapter 3.11 (Private Signage)
g. Chapter 3.12 (Parking)
h. Chapter 3.13 (Site Design)
i. Chapter 3.14 (Limited Uses in the MU-C Zone)

15.All rooftop-mounted mechanical equipment, vents, and ducts shall be fully screened from public view through screening materials compatible with the building design, subject to review and approval by the Planning Division.

16. The applicant shall submit an application for a Landscape Plan prior to installation of any landscaping. The Landscape Plan application shall be submitted to the Planning Division and shall be subject to review and approval by the Planning Division, Public Works/Engineering, and the Indio Water Utility and Maintenance Department.

17.Any landscaping used for drive-through screening shall reach between 3 and 4 feet and reach such height within 2 years of installation.

18.The applicant shall include photometric plans on all building permit submissions for the 910 square foot drive-through restaurant.

19.The Applicant shall comply with the landscaping requirements of the Highway 111 Corridor Specific Plan Section 3.13, and, where silent, the Unified Development Code Section 3.02.09. Specifically, all landscape species shall be desert adaptive, noninvasive, and selected from the Coachella Valley Water District’s Lush and Efficient Landscape Gardening in the Coachella Valley book. All landscaping shall comply with the State Model Water Efficient Landscape Ordinance.

20.All required landscaping and irrigation systems shall be installed and fully operational prior to final planning inspection for each lot and shall be permanently maintained in a healthy condition. Dead or dying plant materials shall be replaced within thirty 30 days of City notification.

21.All trees shown on the approved landscape plans shall be installed at a minimum size of twenty-four 24-inch box.

22.All shrubs shown on the approved landscape plans shall be installed at a minimum size of 5 gallons.

Docusign Envelope ID: 38276103-8ABC-8A41-815E-94D81C7EB403

Page 171 of 181 ends

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 738 of 883

23.Any existing landscaping installed on the project frontage damaged during the construction process shall be replaced at a 1 to 1 ratio prior to final inspection at a minimum 24 inch box size for trees and a minimum 5 gallon size for shrubs.

24.Applicant to install a total of four (4) palm trees fronting Highway 111 with lighting to match landscaping installed in the Median of Highway 111, spaced equidistantly, located outside of any public utility easement.

25.All pedestrian pathways shall comply with the applicable connectivity, width, accessibility, surfacing, separation, and delineation requirements of UDC Sections

3.02.02 and 3.03.08.N. The Final Landscape Plan shall provide shade trees along the pedestrian pathways at an average spacing not exceeding 35 feet, consistent with UDC Section 3.02.02.E.

26.All refuse enclosures, loading areas, utility equipment, backflow devices, transformers, HVAC equipment, and mechanical equipment shall be screened from public view in a manner consistent with the Highway 111 Corridor Specific Plan and approved by the Community Development department.

27.The Applicant shall bear all costs associated with land acquisition, easements, rightsof-way, utility coordination, and infrastructure improvements necessary to serve the project, as required by the City.

28.The project shall comply with the California Environmental Quality Act prior to final approval and implementation.

29.Approval of the Conditional Use Permit and Planning Review Discretionary does not authorize construction. Separate grading, building, and other permits shall be required, and all construction shall comply with City codes in effect at the time of permit issuance.

30.The tenant shall obtain a City of Indio Business License prior to the first day of operation.

31.The proposed structure is identified as a commercial modular building. The building permit submittal shall include the applicable HCD/DAA-approved plans and evidence of the required HCD insignia.

32.Clearly identify which elements are included in the State-approved modular package and which will be constructed on-site. Site-specific foundations, anchorage, utilities, canopies, equipment supports, and accessory structures will require City review.

Docusign Envelope ID: 38276103-8ABC-8A41-815E-94D81C7EB403

Page 172 of 181 ends

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 739 of 883

33.Plans shall demonstrate compliant accessible parking and accessible routes from the public right-of-way and parking area to the required building entrances and site facilities.

34.Verify that the modular building, canopies, trash enclosure, foundations, and utilities will not conflict with the recorded easements shown on the site plan.

35.Automatic fire sprinklers and separate Fire Department submittals shall be provided as required.

36.The building permit submittal shall include a complete code analysis, energy and CALGreen documentation, and all required structural and site-specific construction documents.

37.Separate permits may be required for signs, the trash enclosure, site lighting, photovoltaic systems, and other accessory improvements.

38.Fire Protection Water Supplies/Fire Flow - Minimum fire flow for the construction of all buildings is required per CFC Appendix B. Prior to building permit issuance for new construction, the applicant shall provide documentation to show there exists a water system capable of delivering the required fire flow. Specific design features may increase or decrease the required fire flow. Provide a copy of a fire flow verification from the local water purveyor, Indio Water Authority or CVWD, in the form of a letter, and graph depiction specifying the fire flow. Verification shall be prior to building permit issuance. (CFC) 507.3

39.Fire Protection Water Supplies/Hydrants - The minimum number of fire hydrants required, as well as the location and spacing of fire hydrants, shall comply with CFC Appendix C and NFPA 24. Fire hydrants shall be located no more than 400 feet from all portions of the exterior of the building along an approved route on a fire apparatus access road, unless otherwise approved by the fire department. In areas where new water mains are extended along streets and hydrants are not needed for protection of structures, standard fire hydrants shall be provided at spacing not to exceed 1,000 feet along streets for transportation hazards. Fire hydrants shall be at least 40 feet from the building it is serving. A fire hydrant shall be located within 20 to 100 feet of the fire department connection for buildings protected with a fire sprinkler system. The size and number of outlets required for the approved fire hydrants are 4” x 2 ½” x 2 ½” (super hydrant). Reference CFC as amended and NFPA 24.

40.Water Plans - If fire hydrants are required to be installed, applicant/developer shall furnish the water system fire hydrant plans to the Fire Department for review and approval prior to building permit issuance. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow.

Once plans are signed and approved by the local water authority, the originals shall Docusign Envelope ID: 38276103-8ABC-8A41-815E-94D81C7EB403

Page 173 of 181 ends

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 740 of 883 be presented to the Fire Department for review and approval. Reference CFC as amended.

41.Fire Department Access - Fire apparatus access roads shall be provided within 150 feet of all exterior portions of buildings, unless otherwise approved by the fire department. Fire apparatus access roads shall have an unobstructed width of no less than 24 feet. Dead-end fire apparatus access roads exceeding150 feet in length shall provide an approved turnaround. The minimum required turning radius of a fire apparatus access road is 38 feet outside radius and 14 feet inside radius. The construction of the fire apparatus access roads shall be all weather and capable of sustaining 75,000 lbs. Unless otherwise approved, the grade of a fire apparatus access road shall not exceed 16 percent, and the cross slope shall not exceed 2.5 percent. The angles of approach and departure for fire apparatus access roads shall be a maximum of 6 percent grade change for 25 feet of approach/departure.

Reference CFC as amended and Riverside County Fire Department Policies and Standards.

42.Fire Lane marking: Identification and marking of fire lanes, including curb details and signage, shall comply with all Riverside County Fire Department Standards.

43.Fire Department Access Turn Around – On-parcel dead-end fire apparatus access roads exceeding 150 feet in length shall provide a bulb turnaround at the terminus measuring a minimum of 38 feet outside radius and 14 feet inside radius Parallel parking around the perimeter of the bulb is acceptable provided the bulb outside turning radius is increased by 8 feet. In-lieu of a bulb, a hammer-head type turnaround is acceptable where the top of the “T” dimension is 120 feet with the stem in the center.

Additional turnaround designs may be acceptable as approved by the Fire Department. Reference CFC as amended and Riverside County Fire Department Policies and Standards.

44.Secondary Access – Unless otherwise approved by the Fire Department, dead end fire apparatus access roads shall not exceed (800 feet for Moderate Fire Hazard Severity Zone.) 1,320 feet. Secondary egress/access fire apparatus access roads shall provide independent egress/access from/to the area or as otherwise approved by the Fire Department. Secondary egress/access fire apparatus access roads shall be as remote as possible from the primary fire apparatus access road to reduce the possibility that both routes will be obstructed by a single emergency. Additional fire apparatus access roads based on the potential for impairment by vehicle congestion, condition of terrain, climatic conditions, anticipated magnitude of a potential incident, or other factors that could limit access may be required by the Fire Department.

Reference CFC as amended and Riverside County Fire Department Policies and Standards.

Docusign Envelope ID: 38276103-8ABC-8A41-815E-94D81C7EB403

Page 174 of 181 ends

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 741 of 883

45.Fire Department Building Construction Plan Review - Submittal of construction plans to the Fire Department will be required. Final fire and life safety conditions will be addressed when the Fire Department reviews the plans. These conditions will be based on California Fire Code, California Building Code (CBC), and related codes/standards adopted at the time of construction plan submittal. Reference CFC as amended.

46.Fire Sprinkler System - All new commercial buildings and structures 3,600 square feet or larger will be required to install a fire sprinkler system. Reference CFC as amended.

47.Fire Alarm and Detection System - A water flow monitoring system and/or fire alarm system may be required as determined at time of building construction plan review.

Reference CFC as amended.

48.Any existing building or structure undergoing a change in occupancy classification shall be evaluated for compliance with current applicable codes, and any required modifications shall be implemented.

49.Hazardous Vegetation and Fuel Management Plan - Projects in the Local Moderate Fire Hazard Severity Zones shall provide a Hazardous Vegetation and Fuel Management Plan to be reviewed and approved by the Fire Department. (A preliminary plan shall be provided to and approved by the Fire Department prior to any new parcel map recordation. A final plan shall be provided prior to grading permit clearances.) Reference CFC as amended.

50.Materials and Construction Methods for Exterior Wildfire Exposure - Projects in the Local Moderate Fire Hazard Severity Zones shall comply with Chapter 7A of the California Building Code and California Code of Regulations, Title 14 Fire Safety Regulations. Reference CFC as amended.

51.Bulk Storage/Use of Hazardous Materials and H Occupancies - A Hazardous Materials Technical Report shall be provided to and approved by the Fire Department. (A preliminary Hazardous Materials Technical Report shall be provided to and approved by the Fire Department prior to any new parcel map recordation).

52.Requests for installation of Traffic Calming designs/devices on Fire Apparatus Access Roads are prohibited unless submitted and approved by the Office of the Fire Marshal.

53.Gate Access - All electronically operated gates shall be provided with Knox key switches and automatic sensors for access. These gates shall be provided with access to gate equipment or another method to open the gate if there is a power failure. (Manual gates shall not be locked unless a Knox padlock or Knox Box containing the key to the lock is installed in an approved location on the approach side of the gate). A pedestrian gate, if used to provide access, shall be a minimum 3 feet wide and provided with a Knox Box/Padlock if locked. Reference CFC as amended.

Docusign Envelope ID: 38276103-8ABC-8A41-815E-94D81C7EB403

Page 175 of 181 ends

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 742 of 883

54.Emergency Responder Communication Coverage Systems - Projects that do not meet the exceptions set forth by the Riverside County Office of the Fire Marshal shall provide plans for an emergency responder radio coverage system. Reference CFC as amended and Riverside County Fire Department Policies and Standards. Use the above statement only if the project does not meet the exceptions (two most common below): Buildings and structures that are three (3) stories or less, do not exceed 50,000 square feet in area on any single story, and do not have any complete or partial below grade building levels. Wood-constructed residential buildings and structures four (4) stories or less that do not have any complete or partial below grade building levels.

55.Fire Planning Review: This planning case will also be reviewed by the Riverside County Fire Department’s Fire Planning Division for the cumulative impact on the Fire Department’s ability to provide an acceptable level of service. Additional requirements may be conditioned by Fire Planning to mitigate these impacts.

56.Applicant shall contact 811 “Dig Alert” prior to any excavation or demolition activities.

Any excavation within ten (10) feet of SoCalGas High-Pressure facilities shall occur with a SoCalGas employee on standby.

57.Applicant shall notify SoCalGas a minimum of four (4) months prior to the start of any and all pavement work.

58.Applicant shall provide signed and approved design plans showing all SoCalGas facilities SoCalGas 4-12 months prior to construction of Major Street Improvements and Pipeline Projects, as required by SoCalGas.

59.Applicant shall inform SoCalGas of all pre-construction meetings, construction schedules, and project phasing updates.

60.If required, requests to relocate SoCalGas facilities shall be submitted in writing to SoCalGas and include a signed “Notice to Owner” on company letterhead, project name, number, and responsible title, project address, location, anticipated start date, parameters, and full scope of work, a Thomas Guide page and/or Google Maps screenshot clearly highlighting the project area, and requestor company’s contact name, title, phone number, email address, and any additional relevant information at the discretion of SoCalGas.

61.The Applicant should consult with Valley Sanitary District staff and discuss proposed sewer main connections and requirements prior to design.

62.Generally, the sewer main lateral and connection the the District’s sewer main are normally considered private and owned by the Owners(s) of the property. The Owner(s) are responsible for the maintenance and repair of this sewer main lateral.

Docusign Envelope ID: 38276103-8ABC-8A41-815E-94D81C7EB403

Page 176 of 181 ends

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 743 of 883

63.The proposed project will comply with all Valley Sanitary District and other agency standards and requirements.

64.Improvements in the public right of way will require bonding by the Owner/Developer and installation by a licensed underground contractor.

65.The proposed project is subject to the local effluent requirements of Valley Sanitary District’s Resolution 2022-1170; local discharge limits, and conformance with the Valley Sanitary District Sewer Use and Construction Ordinance 2022-121

66.Flood protection measures for local drainage shall comply with California Drainage Law and provide that stormwater flows are received onto and discharged from this property in a manner that is reasonably compatible with predevelopment conditions.

67.The initiation of domestic water service will be subject to the satisfaction of terms and conditions established by the Coachella Valley Water District and imposed from time to time, including but not limited to fees and charges, water conservation measures, and any other term deemed necessary by the Coachella Valley Water District.

68.The Coachella Valley Water District may require additional facilities of its domestic water systems, including pipelines, wells, reservoirs, booster pumping stations, treatment plants, and other facilities. Such facilities may be required to be conveyed to the Coachella Valley Water District along with the land and/or easements on which the facilities are to be located. The terms and conditions for planning, design, installation, and conveyance of the property interests shall be determined by CVWD pursuant to its rules and regulations as said requirements may be revised from time to time. If required, any required improvements shall be shown on the parcel map as lots and/or easements and deeded to the Coachella Valley Water District for “CVWD public services” purposes.

69.Domestic water service remains at all times subject to changes in regulations adopted by CVWD’s Board of Directors including reductions in, or suspensions of, service.

70.The applicant shall maintain minimum utility separations required by the Coachella Valley Water District set forth in CVWD’s Development Design Manual. It is the developer’s responsibility to confirm compliance with these requirements.

Noncompliant alignments identified after entitlement may require project redesign, map amendment, or additional acquisition at the developer’s expense.

71.If applicable, any entity producing more than 25-acre feet of water during any year from one or more wells must equip the well(s) with a water measuring device. A Coachella Valley Water District Water Production Metering Agreement is required to provide CVWD staff with the authority to regularly read and maintain such measuring device.

Docusign Envelope ID: 38276103-8ABC-8A41-815E-94D81C7EB403

Page 177 of 181 ends

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 744 of 883

72.The design, construction, and operation of this development shall comply with the Sustainable Groundwater Management Act, Coachella Valley Water Management Plan, or other requirements deemed necessary by the Coachella Valley Water District to mitigate impacts on the Indio Subbasin.

73.All building-mounted signs located on the East and West elevations shall maintain a minimum clearance of twelve (12) inches from any roof line, or roof edge, as measured vertically from the highest point of the sign to the nearest roof line element. In addition, signs on the East elevation shall maintain a minimum clearance of twelve (12) inches from the aluminum canopy, and signs on the West elevation shall maintain a minimum clearance of twelve (12) inches from the electrical room.

Prior to Issuance of a Grading Permit:

Prior to issuance of a grading permit, the Applicant shall demonstrate full compliance with the following conditions of approval:

74.Applicant shall submit PM10 (Dust Control) implementation plans for City approval.

75.Applicant shall submit a project site-specific Water Quality Management Plan for City approval prior to the issuance of any grading permit.

76.Applicant shall submit for City approval the following items:
a. Precise Grading Plans – shall include the street address for each building footprint b. Soils Report
c. Hydrology Report

77.Retaining walls shall be required at elevational differences greater than 12 inches between lots throughout the project and in relation to adjacent boundary properties (if applicable) unless otherwise approved by the City Engineer.

78.Applicant shall use Riverside County Flood Control District standards and submit local on-site and regional hydrology, hydraulic storm calculations for City review and approval.

79.Applicant shall provide on-site storm water retention basin(s) or system(s) designed to the satisfaction of the City Engineer. Each retention basin shall include a sufficient number of underground vertical drywells, Maxwell Plus or equivalent, designed to eliminate standing water in the basin. The retention basin(s) or system(s) shall be sized to retain all post-development storm water runoff within the limits of the project based on a 100-year storm event of 24-hour duration and shall completely drain/percolate any storm event within 72 hours. All upstream runoff from adjacent properties that has historically been directed onto the proposed project may be considered to pass through the project with the exception of historical retention that occurred on-site. The retention basin shall be designed, per Standard Plan No. 310. with a maximum depth of 5 feet (with a one-foot minimum freeboard) and maximum Docusign Envelope ID: 38276103-8ABC-8A41-815E-94D81C7EB403

Page 178 of 181 ends

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 745 of 883 side slopes of 3:1 and shall not be used for purposes other than for the collection of storm water, nuisance water and well blow-off water.

80.The design of the project lot pads, street improvements and the storm drainage improvements shall be design coordinated with all adjacent projects or properties to the satisfaction of the City Engineer.

Prior to Issuance of a Building Permit:

Prior to issuance of any building permit(s), the Applicant shall demonstrate full compliance with the following conditions of approval.

During Construction:

Prior to issuance of any building permit(s), the Applicant shall demonstrate full compliance with the following conditions of approval.

84. Manholes and cleanouts located in paved areas shall be raised to grade and collars and/or traffic rated boxes provided per Valley Sanitary District standards.

Prior to Issuance of a Certificate of Occupancy:

Prior to issuance of a Certificate of Occupancy, the Applicant shall demonstrate full compliance with the following conditions of approval.

Docusign Envelope ID: 38276103-8ABC-8A41-815E-94D81C7EB403

Page 179 of 181 ends

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 746 of 883

86.Applicant shall obtain an encroachment permit prior to starting any street improvements within public right-of-way.

87.Applicant shall dedicate the corner cutback right-of-way on the northwest corner of the parcel.

88.Applicant shall construct sidewalk along the westerly property line between Highway 111 and the existing driveway. Additionally, applicant shall construct connecting sidewalk from Highway 111 to the proposed building.

89.The proposed project shall comply with Americans with Disabilities Act (ADA) requirements.

90.Street address shall be shown on Precise Grading Plans.

91.Applicant shall remove and replace any damaged or broken curb/gutter, sidewalk, and asphalt along the project property frontages.

92.All improvements shall comply with City standards, requirements, and policies.

Applicant is required to construct all transition and missing links between existing and proposed improvements.

IID Conditions of Approval

96.Any new, relocated, modified or reconstructed IID facilities required for and by the project (which may include but is not limited to the dedication of real property for the purpose of siting an electrical utility substations to support the project, the cost of acquisition and dedication of rights of way and/or easements for the construction of electrical transmission and/or distribution lines and ancillary facilities associated with Docusign Envelope ID: 38276103-8ABC-8A41-815E-94D81C7EB403

Page 180 of 181 ends

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 747 of 883 the conveyance of energy service) are to be included as part of the project's CEQA and/or NEPA documentation, environmental impact analysis and mitigation.

98.Substations and switchyards shall be located on property that will be transferred to IID in fee simple ownership with legal access.

99.Approved design plans (Conduit Plan) are to be included with a Tract Map review. 100. Mylar maps to be submitted for processing only upon IID review and design (conduit) plan approval.

SECTION 5. The Planning Commission Secretary shall certify the passage of, approval, and adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 26th day of August 2026, by the following vote, to wit:

AYES: Franz, Ortiz, Santos
NOES: None
ABSTAIN: None
ABSENT: Slater, Scarborough-Eckel
_____________________________

GLORIA FRANZ

PLANNING COMMISSION CHAIRPERSON
ATTEST:
_______________________

PAULINA MENDOZA

COMMISSION SECRETARY
Docusign Envelope ID: 38276103-8ABC-8A41-815E-94D81C7EB403

Page 181 of 181 ends

Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 748 of 883 City of Indio
City Council
October 7, 2026

STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Brian Halvorson, Dir. Of Community Development Subject: Extension of Urgency Ordinance 1838 for an interim moratorium on the establishment, expansion, or intensification of Data Centers and other similar high-intensity computing uses.

RECOMMENDATION:

Approve Ordinance 1838-Ext2 extending for a second and final time urgency ordinance 1838 for an interim moratorium on the establishment, expansion, or intensification of Data Centers and other similar high-intensity computing uses.

SUMMARY:

The City has taken several steps to address concerns regarding data centers following Council approval of Urgency Ordinance 1838 on June 3, 2026, and July 15, 2026 (first extension), for the establishment, expansion or intensification of data centers and other similar high-intensity computing uses. Research on energy/water usage, tax revenue, air quality, noise, decommissioning, General Plan and Zoning code review, planning conference attendance, Sustainability Commission and Planning Commission review, public input, and a variety of other topics have been considered for regulating, limiting, and prohibiting data centers in the City of Indio during the moratorium period.

An extension to the existing moratorium on data centers would allow additional time for staff to draft amendments to the General Plan and/or Unified Development Code that will be brought to the Planning Commission with a recommendation to the City Council. The current Urgency Ordinance is set to expire on October 16, 2026, and the extension to the Ordinance is proposed for 1 year and would be the second and final moratorium ordinance.

BACKGROUND INFORMATION:

On May 6, 2026, the City Council directed staff to work with the Planning Commission to consider new policies and provide options for prohibiting data centers and developments that include high water, high energy or high land use, including warehouses or high-water use development and provide a recommendation to the City Council.

On June 3, 2026, the City Council approved an extension to Urgency Ordinance No. 1838 for a 45- day moratorium on Data Centers and directed staff to include options to extend the moratorium and review alternatives for a permanent ban on Data Centers. On June 24, 2026, the Planning Commission received a staff presentation summarizing various types of data centers, including general industry ranges for power usage, water consumption, and facility footprint size, as well as a AGENDA ITEM #13.3
Urgency Ordinance No. 1838-Ext2, Extending Urgency Ordinance No. 1838 fo... Page 749 of 883 summary of concerns raised by the Indio Sustainability Commission. The Planning Commission presentation also outlined potential policy and regulatory changes to the City’s General Plan and Unified Development Code aimed at prohibiting data centers. After receiving a report on data centers and hearing public input, the Commission recommended that the City Council move forward with a complete ban on data centers. Following the Commission meeting, the Sustainability Commission also provided a letter supporting the Planning Commission’s recommendation on the data center ban.

On July 15, 2026, the City Council extended urgency Ordinance 1838 for 90-days, thereby extending the moratorium through October 16, 2026. To date, staff are working on amendments to the Unified Development Code (Articles 2 and 7) that would prohibit the establishment of data centers, or the expansion or intensification of data centers and other similar high-intensity computing uses in mixed-use zones, non-residential zones, and public institutional zones. A new definition for data centers will also be part of these amendments to ensure that data centers are clearly defined as a specified land use type in the Unified Development Code. In addition, staff are also reviewing existing project master plans and specific plans to ensure that data center uses will also be prohibited in these plans as well. Draft amendments are expected to be heard by the Planning Commission later this year with the Commission’s recommendations presented to the City Council shortly thereafter.

ATTACHMENTS:

Ordinance No. 1838 - (Urgency)
Ordinance No. 1838-Ext 1st Ordinance Extension Data Centers Ordinance No. 1838-Ext2 - 2nd Ordinance Extension Data Centers APPROVAL(S):

Ruby D. Walla, Director of Finance Approved - 30 Sep 2026 Steven Graham Pacifico, City Attorney Approved - 30 Sep 2026 Jonathan Nicks, City Manager Approved - 30 Sep 2026

Page 2 of 23 ends

Urgency Ordinance No. 1838-Ext2, Extending Urgency Ordinance No. 1838 fo... Page 750 of 883 ORDINANCE NO. 1838

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

CALIFORNIA, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 ESTABLISHING A FORTY- FIVE ( 45) DAY MORATORIUM ON THE

ESTABLISHMENT, EXPANSION, OR INTENSIFICATION OF DATA CENTERS

AND OTHER SIMILAR HIGH-INTENSITY COMPUTING USES WITHIN THE CITY

OF INDIO
WHEREAS, the City of Indio (“ City”) is a municipal corporation organized and operating under the laws of the State of California, with the authority to regulate land use within its boundaries pursuant to its police powers and the Planning and Zoning Law; and
WHEREAS, neighboring jurisdictions have received, and the City reasonably anticipates receiving, applications, pre- applications, inquiries, and expressions of interest for the development of data centers and other similar high-intensity computing uses within the City; and
WHEREAS, data centers and similar high- intensity computing uses may require extraordinary electrical demand, substation or transmission improvements, substantial cooling systems, backup generators, water and wastewater capacity, and 24-hour operations, and may thereby create or exacerbate land use compatibility, noise, air quality, greenhouse gas, public health, public safety, emergency response, and infrastructure capacity concerns; and
WHEREAS, such concerns may be especially significant when these uses are proposed in proximity to residential neighborhoods, schools, parks, community facilities, and other sensitive land uses; and
WHEREAS, the City’s existing General Plan, Unified Development Code, zoning regulations, and other applicable land use regulations do not currently define, classify, or comprehensively regulate data centers and similar high- intensity computing uses, including with respect to their permissible locations, size and intensity, utility demand, water consumption, cooling systems, backup generation, buffering, noise, environmental performance, decommissioning, and community benefits; and
WHEREAS, the City Council intends within a reasonable time to study, consider, and potentially adopt amendments to the City’s General Plan, Unified Development Code, zoning ordinance, specific plans, development standards, and other applicable regulations to address whether, where, and under what conditions data centers and similar high- intensity computing uses should be allowed within the City; and
WHEREAS, approval of new data centers or similar high- intensity computing uses, or the expansion or intensification of existing such uses, under the City’s current regulations during the period in which the City is studying and considering such policy

Page 3 of 23 ends

Urgency Ordinance No. 1838-Ext2, Extending Urgency Ordinance No. 1838 fo... Page 751 of 883 and regulatory changes could result in developments that are inconsistent with or in conflict with the land use policies, zoning standards, infrastructure planning, or other regulations being contemplated, and could thereby frustrate or substantially undermine the effectiveness of any future updates; and
WHEREAS, the City Council finds that there is a current and immediate threat to the public health, safety, and welfare because, absent a temporary moratorium, applications for such uses may be accepted, processed, and approved under regulations that do not adequately address the potentially significant infrastructure, environmental, operational, and land use compatibility issues associated with such uses; and
WHEREAS, the City Council further finds that the approval of additional entitlements, permits, or other approvals for such uses during the period of study would result in that threat to the public health, safety, and welfare by allowing the commitment of land, utility capacity, water resources, and related infrastructure before the City can determine and adopt appropriate standards and safeguards; and WHEREAS, Government Code section 65858 authorizes the City Council to adopt an interim urgency ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City is considering, studying, or intends to study within a reasonable time; and WHEREAS, the City Council further finds that this urgency ordinance is narrowly tailored, in both scope and duration, by temporarily prohibiting the establishment, expansion, or intensification of data centers and similar high- intensity computing uses while the City considers appropriate policy and regulatory responses; and
WHEREAS, the City Council recognizes that data centers and similar uses may provide certain economic benefits, but finds that it is in the public interest to temporarily pause new or expanded approvals until the City can comprehensively evaluate whether and under what conditions such uses are compatible with the City’s long-term land use, infrastructure, environmental, and community objectives; and WHEREAS, the City Council desires to adopt this interim urgency ordinance, which shall take effect immediately upon its adoption by at least a four- fifths ( 4/5) vote of the City Council, and remain in effect for forty-five (45) days unless extended as provided by law.

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

SECTION 1. FINDINGS.

The City Council hereby 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:

Page 4 of 23 ends

Urgency Ordinance No. 1838-Ext2, Extending Urgency Ordinance No. 1838 fo... Page 752 of 883 A. Neighboring jurisdictions have received and the City reasonably anticipates receiving, applications, pre- applications, inquiries, and expressions of interest for new data centers and similar high-intensity computing uses, as well as for the expansion or intensification of existing such uses, and such proposals may be processed and approved under existing regulations in the absence of this interim Ordinance.

B. Existing General Plan and zoning provisions do not comprehensively address whether, where, and under what conditions data centers and similar high- intensity computing uses should be permitted, nor do they establish adequate standards concerning location, size, utility demand, water use, cooling systems, backup generation, noise, buffering, environmental performance, public health and safety protections, or related operational characteristics.

C. Data centers and similar high- intensity computing uses may create substantial and unique impacts, including but not limited to significant electrical demand, increased water consumption, substantial mechanical cooling equipment, noise from cooling systems and generators, air emissions from backup generation, fire and life safety considerations, and demands on public infrastructure and emergency services.

D. There is a reasonable likelihood that approvals granted during the City’s study and consideration of potential policy and regulatory changes would be in conflict with, or would substantially undermine, contemplated amendments to the General Plan, Unified Development Code, zoning ordinance, specific plans, or other regulations regulating such uses.

E. There is a current and immediate threat to the public health, safety, and welfare because the City’s current regulatory framework does not adequately address the potential land use, environmental, utility, infrastructure, and operational impacts associated with data centers and similar high-intensity computing uses.

F. The approval of additional subdivisions, use permits, variances, building permits, site development permits, grading permits, or any other applicable entitlement, permit, or approval for the establishment, expansion, or intensification of data centers or similar high- intensity computing uses during the City’s study period would result in the threat described above by allowing such uses to proceed before appropriate standards and safeguards are established.

G. A temporary moratorium on the establishment, expansion, or intensification of data centers and similar high-intensity computing uses is necessary to maintain the status quo while the City completes its studies and considers any proposed policy and regulatory changes.

H. This Ordinance has no effect on the Exempted Proposed Data Centers identified herein, if any, and does not impair any vested rights legally obtained prior to the effective date of this Ordinance.

Page 5 of 23 ends

Urgency Ordinance No. 1838-Ext2, Extending Urgency Ordinance No. 1838 fo... Page 753 of 883 I. The adoption of this interim urgency ordinance is therefore necessary for the immediate preservation of the public peace, health, and safety within the meaning of Government Code section 65858.

SECTION 2. MORATORIUM IMPOSED.

A. Pursuant to Government Code section 65858, an interim moratorium is hereby imposed on the approval of any applications, permits, or entitlements for the establishment, expansion, or intensification of any Data Center Use within the City of Indio, except as expressly provided in this Ordinance. This Ordinance does not apply to the Exempted Proposed Data Centers listed below:

B. During the effective period of this Ordinance, no City official, officer, employee, department, board, commission, or agency shall accept as complete, process, approve, issue, or grant any discretionary or ministerial permit, approval, license, clearance, or entitlement that would authorize any of the following:

1. The establishment, construction, installation, occupancy, or operation of any new Data Center Use;

2. The conversion of any existing building, structure, or site to a Data Center Use;

3. The expansion, enlargement, or intensification of any existing Data Center Use, including but not limited to increases in gross floor area devoted to such use, server capacity, rack density, electrical service capacity, cooling capacity, backup generation capacity, or water demand; or

4. Any subdivision, site development, grading, building, electrical, mechanical, or similar permit to the extent it would facilitate or enable any activity prohibited by this Ordinance.

SECTION 3. DEFINITION.

For purposes of this Ordinance, “ Data Center Use” means any facility, campus, building, structure, or portion thereof used primarily or substantially for the housing, operation, or support of computer servers, server racks, data storage devices, networking equipment, switching equipment, or similar electronic equipment for data processing, storage, transmission, cloud computing, colocation services, artificial intelligence model training or inference, high- performance computing, blockchain operations, digital asset mining, cryptocurrency mining, or other similar highintensity computing activities.

Data Center Use” includes, without limitation, hyperscale data centers, colocation facilities, server farms, cloud computing facilities, artificial intelligence compute facilities, digital asset mining facilities, blockchain mining facilities, and other substantially similar uses, whether or not such use is separately defined or listed in the Municipal Code.

Page 6 of 23 ends

Urgency Ordinance No. 1838-Ext2, Extending Urgency Ordinance No. 1838 fo... Page 754 of 883 Data Center Use” does not include any of the following:

1. Customary accessory server rooms, IT rooms, or equipment rooms that are clearly incidental and subordinate to a primary permitted use and that serve only on- site business, institutional, governmental, or facility operations;

2. Ordinary office, retail, school, hospital, or industrial computer equipment used solely to support on- site operations;

3. Public safety, emergency communications, or emergency operations facilities; or

4. Telecommunications carrier facilities or public utility facilities necessary to provide essential communications or utility services to the public, to the extent such facilities are not principally used or designed as a commercial data center, colocation facility, cloud computing facility, artificial intelligence compute facility, or digital asset mining facility.

SECTION 4. STUDY AND REVIEW.

During the moratorium period established by this Ordinance and any extension thereof, the City Manager, or designee, is authorized and directed to:

A. Evaluate the potential land use, infrastructure, environmental, public health, and public safety implications of data centers and similar high- intensity computing uses within the City, including but not limited to electricity demand, water use, wastewater demand, cooling systems, backup generation, noise, air quality, greenhouse gas emissions, emergency response, fire and life safety, and compatibility with surrounding land uses;
B. Review the City’s existing General Plan, Unified Development Code, zoning regulations, specific plans, and development standards to determine whether amendments are necessary to address data centers and similar high-intensity computing uses;
C. Consult, as appropriate, with utility providers, water agencies, fire and emergency service providers, public health agencies, environmental professionals, residents, businesses, and other stakeholders regarding the potential impacts of such uses and possible regulatory responses;
D. Develop and present to the City Council for consideration any proposed amendments to the General Plan, Unified Development Code, zoning ordinance, specific plans, and other applicable regulations, including but not limited to use classifications, permitted zoning districts, conditional use requirements, development agreements, siting criteria, separation from sensitive uses, operational standards, utility and water demand standards, noise standards, buffering and screening

Page 7 of 23 ends

Urgency Ordinance No. 1838-Ext2, Extending Urgency Ordinance No. 1838 fo... Page 755 of 883 requirements, generator standards, sustainability measures, and decommissioning requirements; and
E. Prepare and issue, prior to the expiration of this Ordinance or any extension thereof, a written report to the City Council describing the measures taken to alleviate the conditions that led to the adoption of this Ordinance, consistent with Government Code section 65858.

SECTION 5. APPLICABILITY AND EXEMPTIONS.

A. This Ordinance applies to all property within the City of Indio, including any area subsequently annexed to the City during the effective period of this Ordinance, unless otherwise provided by law.

B. The following are exempt from the moratorium established by this Ordinance:

1. Data Center Uses for which all required discretionary approvals and ministerial permits necessary to authorize construction and operation were finally granted prior to the effective date of this Ordinance, provided that the project is developed in substantial conformance with those approvals;

2. Ordinary accessory server rooms, IT rooms, and similar facilities expressly excluded from the definition of Data Center Use in Section 3;

3. Public safety, emergency communications, and emergency operations facilities;

4. Telecommunications carrier facilities and public utility facilities necessary to provide essential public services, to the extent exempted by Section 3; and

5. Minor repairs, maintenance, replacement in kind, or interior tenant improvements to an existing lawful facility that do not expand the gross floor area devoted to a Data Center Use and do not increase server capacity, electrical service capacity, cooling capacity, backup generation capacity, or water demand.

C. Nothing in this Ordinance shall be construed to deprive any person of vested rights legally obtained prior to the effective date of this Ordinance, as those rights may be determined under applicable state law.

SECTION 6. SEVERABILITY.

If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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

Page 8 of 23 ends

Urgency Ordinance No. 1838-Ext2, Extending Urgency Ordinance No. 1838 fo... Page 756 of 883 thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

SECTION 7. CEQA.

The City Council finds that this Ordinance is not a “ project” under the California Environmental Quality Act (“ CEQA”) because it has no potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. In the alternative, the Ordinance is exempt from CEQA pursuant to State CEQA Guidelines sections 15060©( 2) and 15061( b)( 3), and, to the extent applicable, section 15308, because it is a regulatory action taken by the City for the protection of the environment and there is no possibility that the adoption of this Ordinance may have a significant effect on the environment.

SECTION 8. EFFECTIVE DATE; DURATION; EXTENSION.

This Ordinance is adopted as an urgency measure pursuant to Government Code section 65858 and is necessary for the immediate preservation of the public peace, health, and safety. This Ordinance shall take effect immediately upon its adoption by at least a four-fifths ( 4/ 5) vote of the City Council.

This Ordinance shall remain in effect for forty-five ( 45) days from the date of its adoption to July 18, 2026, unless extended by the City Council in accordance with Government Code section 65858. Any extension of this Ordinance shall require notice and a public hearing in compliance with Government Code section 65858, and shall be supported by written findings that the conditions warranting the moratorium continue to exist.

PASSED, APPROVED, AND ADOPTED this 3rd day of June, 2026.

ELAINE HOLMES, MAYOR
ATTEST:

CITY CLERK

SABDI SANCHEZ, MMC

DIRECTOR OF CITY CLERK SERVICES

Page 9 of 23 ends

Urgency Ordinance No. 1838-Ext2, Extending Urgency Ordinance No. 1838 fo... Page 757 of 883

CERTIFICATION
I, Sabdi Sanchez, Director of City Clerk Services of the City of Indio, California, hereby certify that Urgency Ordinance No. 1838 was duly and regularly adopted at a meeting of the City Council of said City at its meeting held on the 3rd day of June 2026 by the following vote, to wit:

Ayes: Councilmember Miller, Guitron, Ortiz, Mayor Pro Tem Fermon, Mayor Holmes Noes: None
Publication Date: June 10, 2026
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Indio, California, this 4th day of June 2026.

Sabdi Sanchez, MMC
Director of City Clerk Services
City of Indio

Page 10 of 23 ends

Urgency Ordinance No. 1838-Ext2, Extending Urgency Ordinance No. 1838 fo... Page 758 of 883 32 ORDINANCE NO. 1838-Ext

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF INDIO, CALIFORNIA, PURSUANT TO GOVERNMENT CODE
SECTION 65858, EXTENDING URGENCY ORDINANCE NO.
1838 AND THE INTERIM MORATORIUM ON THE

ESTABLISHMENT, EXPANSION, OR INTENSIFICATION OF

DATA CENTERS AND OTHER SIMILAR HIGH-INTENSITY

COMPUTING USES WITHIN THE CITY OF INDIO
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 uses within its boundaries pursuant to its police powers and the Planning and Zoning Law; and
WHEREAS, Government Code section 65858 authorizes the City Council to adopt and extend an interim urgency ordinance prohibiting uses that may conflict with a contemplated general plan, specific plan, zoning, or other land use regulatory proposal that the City is considering, studying, or intends to study within a reasonable time, when necessary to protect the public safety, health, and welfare; and WHEREAS, on June 3, 2026, the City Council adopted Urgency Ordinance No. 1838 by a four-fifths vote, establishing a forty-fiveday interim moratorium on the approval of applications, permits, or entitlements for the establishment, expansion, or intensification of data centers and other similar high-intensity computing uses within the City; and
WHEREAS, Ordinance No. 1838 was adopted to provide the City with reasonable time to study, consider, and potentially adopt amendments to the City's General Plan, Unified Development Code, zoning regulations, specific plans, development standards, and other applicable regulations to address whether, where, and under what conditions data centers and similar high-intensity computing uses should be allowed within the City; and
WHEREAS, Ordinance No. 1838 is scheduled to expire on July 18, 2026, unless extended by the City Council in accordance with Government Code section 65858; and
WHEREAS, during the initial moratorium period, City staff commenced the study and review directed by Ordinance No. 1838, including review of land use compatibility, infrastructure demand, electrical demand, water use, wastewater demand, cooling systems, backup generation, noise, air quality, greenhouse gas emissions, emergency response, fire and life safety,

Page 11 of 23 ends

Urgency Ordinance No. 1838-Ext2, Extending Urgency Ordinance No. 1838 fo... Page 759 of 883 33 decommissioning, tax revenue, community benefits, and compatibility with surrounding land uses; and
WHEREAS, on June 24, 2026, the Planning Commission received a staff presentation regarding data centers and similar high-intensity computing uses, considered public input, and recommended that the City Council move forward with a complete ban on data centers within the City; and
WHEREAS, following the Planning Commission's review, the City also received input from the Sustainability Commission supporting the Planning Commission's recommendation and identifying concerns regarding water consumption, electrical demand, greenhouse gas emissions, heat generation, noise, air quality, and overall quality of life; and
WHEREAS, City staff has prepared and issued a written report describing the measures taken to alleviate the conditions that led to the adoption of Ordinance No. 1838, including staff research, Planning Commission review, Sustainability Commission input, public comments, and staff's continuing review of potential General Plan and Unified Development Code amendments; and
WHEREAS, despite the work completed during the initial
moratorium period, additional time is necessary for staff, the Planning Commission, the City Council, and other City commissions or advisory bodies, as appropriate, to complete the study of data centers and similar high-intensity computing uses and to prepare, review, notice, and consider permanent amendments to the General Plan, Unified Development Code, zoning regulations, specific plans, development standards, or other applicable regulations; and
WHEREAS, the City's existing General Plan, Unified Development Code, zoning regulations, and other applicable land use regulations do not currently define, classify, or comprehensively regulate data centers and similar high-intensity computing uses, including with respect to their permissible locations, size and intensity, utility demand, water consumption, cooling systems, backup generation, buffering, noise, environmental performance, decommissioning, and community benefits; and
WHEREAS, data centers and similar high-intensity computing uses may require extraordinary electrical demand, substation or transmission improvements, substantial mechanical cooling systems, backup generators, water and wastewater capacity, and 24-hour operations, and may create or exacerbate land use compatibility, noise, air quality, greenhouse gas, public health, public safety, emergency response, and infrastructure capacity concerns; and

Page 12 of 23 ends

Urgency Ordinance No. 1838-Ext2, Extending Urgency Ordinance No. 1838 fo... Page 760 of 883 34 WHEREAS, such concerns may be especially significant when these uses are proposed in proximity to residential neighborhoods, schools, parks, community facilities, and other sensitive land uses; and WHEREAS, approval of new data centers or similar high-intensity computing uses, or the expansion or intensification of existing such uses, during the period in which the City is studying and considering policy and regulatory changes could result in developments that are inconsistent with or conflict with the land use policies, zoning standards, infrastructure planning, or other regulations being contemplated, and could thereby frustrate or substantially undermine the effectiveness of any future updates; and
WHEREAS, the City Council finds that there remains a current and immediate threat to the public health, safety, and welfare because, absent an extension of the temporary moratorium, applications for data centers and similar high-intensity computing uses may be accepted, processed, and approved under existing regulations that do not adequately address the potentially significant infrastructure, environmental, operational, and land use compatibility issues associated with such uses; and
WHEREAS, the City Council further finds that approval of additional subdivisions, use permits, variances, building permits, site development permits, grading permits, electrical permits, mechanical permits, business licenses, or any other applicable entitlement, permit, license, clearance, or approval for the establishment, expansion, or intensification of data centers or similar high-intensity computing uses during the continued study period would result in the threat to public health, safety, and welfare described in this Ordinance by allowing such uses to proceed before the City can determine and adopt appropriate standards and safeguards; and
WHEREAS, the City Council finds that extension of Ordinance No. 1838 is narrowly tailored, in both scope and duration, because it temporarily maintains the status quo while the City completes its study and considers appropriate permanent policy and regulatory responses; and
WHEREAS, the City Council recognizes that data centers and similar high-intensity computing uses may provide certain economic benefits, but finds that it is in the public interest to continue the temporary pause on new or expanded approvals until the City can
comprehensively evaluate whether and under what conditions such uses are compatible with the City's long-term land use, infrastructure, environmental, fiscal, public safety, and community objectives; and

Page 13 of 23 ends

Urgency Ordinance No. 1838-Ext2, Extending Urgency Ordinance No. 1838 fo... Page 761 of 883 35 WHEREAS, on July 15, 2026, the City Council conducted a duly noticed public hearing to consider extension of Ordinance No. 1838, received and considered all public testimony, the staff report, the written report required by Government Code section 65858, the Planning Commission recommendation, the Sustainability Commission input, public comments, and all evidence in the administrative record; and
WHEREAS, the City Council desires to extend Ordinance No. 1838 and the interim moratorium established thereby.

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

Section 1. Findings. The City Council hereby finds and determines that the foregoing recitals are true and correct and are incorporated herein as substantive findings in support of this Ordinance. The City Council further finds that there remains a current and immediate threat to the public health, safety, and welfare, and that approval of additional subdivisions, use permits, variances, building permits, site development permits, grading permits, electrical permits, mechanical permits, business licenses, or any other applicable entitlement, permit, license, clearance, or approval for the establishment, expansion, or intensification of data centers and similar high-intensity computing uses would result in that threat.

Section 2. Extension of Moratorium. Pursuant to Government Code section 65858, Urgency Ordinance No. 1838 and the interim moratorium established thereby are hereby extended for ninety (90) days after expiration of the initial forty-five-day moratorium. The moratorium shall remain in effect through and including October 16, 2026, unless earlier extended or terminated by the City Council.

Section 3. Continued Applicability of Ordinance No. 1838.

During the extended moratorium period, all prohibitions, definitions, exemptions, procedures, and requirements set forth in Ordinance No. 1838 shall remain in full force and effect, except as expressly modified by this Ordinance.

Section 4. Continued Study and Review. During the extended moratorium period, the City Manager, or designee, is authorized and directed to continue the study and review directed by Ordinance No. 1838, including preparation and processing of potential amendments to the General Plan, Unified Development Code, zoning regulations, specific plans, development standards, and other applicable regulations to address data centers and similar high-intensity computing uses. The City Manager, or designee, is further authorized to return to the Planning Commission,

Page 14 of 23 ends

Urgency Ordinance No. 1838-Ext2, Extending Urgency Ordinance No. 1838 fo... Page 762 of 883 36 Sustainability Commission, City Council, or other appropriate bodies for additional review, recommendation, or direction.

Section 5. Written Report. The City Council finds that the written report required by Government Code section 65858 has been prepared and issued, and that the staff report and supporting materials describe the measures taken to alleviate the conditions that led to adoption of Ordinance No. 1838. The City Manager, or designee, is directed to prepare any additional written report required by Government Code section 65858 before expiration of this Ordinance or any further extension.

Section 6. CEQA. The City Council finds that this Ordinance is not a "project" under the California Environmental Quality Act because it has no potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

Section 7. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held 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 may be declared invalid or unconstitutional.

Section 8. Effective Date; Vote Required. This Ordinance is adopted as an urgency measure pursuant to Government Code section 65858 and is necessary for the immediate preservation of the public peace, health, and safety. This Ordinance shall take effect immediately upon adoption by at least a four-fifths vote of the City Council.
/ / /
/ / /
/ / /
/ / /

Page 15 of 23 ends

Urgency Ordinance No. 1838-Ext2, Extending Urgency Ordinance No. 1838 fo... Page 763 of 883 37 Section 9. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause this Ordinance, or a summary thereof, to be published in the manner required by law.

PASSED, APPROVED, AND ADOPTED this 15th day of July,
2026.
____________________________

ELAINE HOLMES
MAYOR
ATTEST:

CITY CLERK
____________________________

SABDI SANCHEZ, MMC

DIRECTOR OF CITY CLERK SERVICES

Page 16 of 23 ends

Urgency Ordinance No. 1838-Ext2, Extending Urgency Ordinance No. 1838 fo... Page 764 of 883 38 CERTIFICATION
I, Sabdi Sanchez, Director of City Clerk Services of the City of Indio, California, hereby certify that Ordinance No. 1838-Ext was duly and regularly adopted at a meeting of the City Council of said City at its meeting held on the 15th day of July 2026 by the following vote, to wit:

Ayes: Councilmember Miller, Guitron, Ortiz, Mayor Pro Tem Fermon, Mayor Holmes Noes: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Indio, California, this 16th day of July 2026. ________________________________
Sabdi Sanchez, MMC
Director of City Clerk Services
City of Indio

Page 17 of 23 ends

Urgency Ordinance No. 1838-Ext2, Extending Urgency Ordinance No. 1838 fo... Page 765 of 883 ORDINANCE NO. 1838-Ext2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, PURSUANT TO GOVERNMENT CODE SECTION 65858, EXTENDING FOR A SECOND AND FINAL TIME URGENCY ORDINANCE NO. 1838 AND THE INTERIM

MORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR INTENSIFICATION

OF DATA CENTERS AND OTHER SIMILAR HIGH-INTENSITY COMPUTING USES

WITHIN THE CITY OF INDIO
WHEREAS, the City of Indio (“ City”) is a municipal corporation organized and operating under the laws of the State of California, with the authority to regulate land use within its boundaries pursuant to its police powers and the Planning and Zoning Law; WHEREAS, Government Code section 65858 authorizes the City Council to adopt and extend an interim urgency ordinance prohibiting uses that may conflict with a contemplated general plan, specific plan, zoning, or other land use regulatory proposal that the City is considering, studying, or intends to study within a reasonable time, when necessary to protect the public safety, health, and welfare;
WHEREAS, on June 3, 2026, the City Council adopted Urgency Ordinance No. 1838 by four-fifths vote, establishing a forty-five (45) day interim moratorium on the approval of applications, permits, or entitlements for the establishment, expansion, or intensification of data centers and other similar high-intensity computing uses within the City; WHEREAS, Ordinance No. 1838 was adopted to provide the City with reasonable time to study, consider, and potentially adopt amendments to the City’s General Plan, Unified Development Code, zoning regulations, specific plans, development standards, and other applicable regulations to address whether, where, and under what conditions data centers and similar high-intensity computing uses should be allowed within the City; WHEREAS, during the initial moratorium period, City staff commenced the study and review directed by Ordinance No. 1838, including review of land use compatibility, infrastructure demand, electrical demand, water use, wastewater demand, cooling systems, backup generation, noise, air quality, greenhouse gas emissions, emergency response, fire and life safety, decommissioning, tax revenue, community benefits, and compatibility with surrounding land uses;
WHEREAS, on June 24, 2026, the Planning Commission received a staff presentation regarding data centers and similar high-intensity computing uses, considered public input, and recommended that the City Council move forward with a complete ban on data centers within the City;
WHEREAS, following the Planning Commission’s review, the City also received input from the Sustainability Commission supporting the Planning Commission’s recommendation and identifying concerns regarding water consumption, electrical demand, greenhouse gas emissions, heat generation, noise, air quality, and overall quality of life;

Page 18 of 23 ends

Urgency Ordinance No. 1838-Ext2, Extending Urgency Ordinance No. 1838 fo... Page 766 of 883 WHEREAS, on July 15, 2026, following a duly noticed public hearing, the City Council adopted an extension to Ordinance No. 1838 and the interim moratorium established thereby for ninety (90) days, through October 16, 2026 (“First Extension”); WHEREAS, in adopting the First Extension, the City Council considered the staff report, the written report required by Government Code section 65858, the Planning Commission recommendation, Sustainability Commission input, public comments, and all evidence in the administrative record, and found that there remained a current and immediate threat to the public health, safety, and welfare and that approval of applicable entitlements, permits, licenses, or approvals for data centers and similar high-intensity computing uses would result in that immediate threat;
WHEREAS, during the First Extension, City staff has continued the study and review directed by Ordinance No. 1838 and the First Extension, including additional research, coordination with city staff, and preliminary amendments to the Unified Development Code; WHEREAS, the City has prepared and issued the additional written report required by Government Code section 65858 describing the measures taken to alleviate the conditions that led to adoption of Ordinance No. 1838 and its First Extension; WHEREAS, despite the work completed to date, the City requires additional time to complete the study of data centers and similar high-intensity computing uses and to prepare, review, notice, consider, and, if appropriate, adopt permanent amendments to the General Plan, Unified Development Code, zoning regulations, specific plans, development standards, or other applicable regulations;
WHEREAS, the City’s existing General Plan, Unified Development Code, and other applicable land use regulations continue not to define or comprehensively regulate data centers and similar high-intensity computing uses, including with respect to their permissible locations, size and intensity, utility demand, water consumption, cooling systems, backup generation, buffering, noise, environmental performance, decommissioning, and community benefits; WHEREAS, data centers and similar high-intensity computing uses may require extraordinary electrical demand, substation or transmission improvements, substantial mechanical cooling systems, backup generators, water and wastewater capacity, and 24-hour operations, and may create or exacerbate land use compatibility, noise, air quality, greenhouse gas, public health, public safety, emergency response, and infrastructure capacity concerns; WHEREAS, approval of new data centers or similar high-intensity computing uses, or the expansion or intensification of existing such uses, during the period in which the City continues studying and considering policy and regulatory changes could result in developments that are inconsistent with or conflict with the land use policies, zoning standards, infrastructure planning, or other regulations being contemplated, and could thereby frustrate or substantially undermine the effectiveness of any future regulations;

Page 19 of 23 ends

Urgency Ordinance No. 1838-Ext2, Extending Urgency Ordinance No. 1838 fo... Page 767 of 883 WHEREAS, the City Council finds that there remains a current and immediate threat to the public health, safety, and welfare because applications for data centers and similar highintensity computing uses may be accepted, processed, and approved under existing regulations that do not adequately address the potentially significant infrastructure, environmental, and land use compatibility issues associated with such uses;
WHEREAS, the City Council further finds that approval of additional subdivisions, use permits, variances, building permits, site development permits, grading permits, electrical permits, mechanical permits, business licenses, or any other applicable entitlement, permit, license, clearance, or approval for the establishment, expansion, or intensification of data centers or similar high-intensity computing uses during the continued study period would result in the threat to public health, safety, and welfare described in this Ordinance by allowing such uses to proceed before the City can determine and adopt appropriate permanent regulations; WHEREAS, Government Code section 65858(a) authorizes the City Council, after notice pursuant to Government Code section 65090 and a public hearing, to extend an interim urgency ordinance a second and final time for a period not exceeding one year, upon adoption by a four-fifths (4/5) vote of the City Council;
WHEREAS, the City Council finds that this second and final extension of Ordinance No. 1838 is narrowly tailored, in both scope and duration, because it temporarily maintains the status quo while the City completes its study and considers appropriate permanent policy and regulatory responses;
WHEREAS, on October 7, 2026, the City Council conducted a duly noticed public hearing to consider this second and final extension of Ordinance No. 1838, received and considered all public testimony, the staff report, the additional written report required by Government Code section 65858, and all evidence in the administrative record; WHEREAS, the City Council desires to extend Ordinance No. 1838 and the interim moratorium established, as previously extended, for a second and final time authorized by Government Code section 65858.

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. The City Council further finds that there remains a current and immediate threat to the public health, safety, and welfare, and that the approval of additional subdivisions, use permits, variances, building permits, site development permits, grading permits, business licenses, or other applicable entitlement or approval for the establishment, expansion, or intensification of data centers and similar high-intensity computing uses would result in that threat.

Page 20 of 23 ends

Urgency Ordinance No. 1838-Ext2, Extending Urgency Ordinance No. 1838 fo... Page 768 of 883 SECTION 2. SECOND AND FINAL EXTENSION OF INTERIM MORATORIUM.

Pursuant to Government Code section 65858, Urgency Ordinance No. 1838 and the interim moratorium established thereby, as previously extended, are hereby extended for a second and final time for one (1) year following expiration of the current extension.

The moratorium shall remain in full force and effect through October 16, 2027, unless earlier terminated by the City Council or superseded by permanent regulations that become effective before that date. This extension constitutes the second and final extension authorized by Government Code section 65858.

SECTION 3. CONTINUED APPLICABILITY OF ORDINANCE NO. 1838.

During the extended moratorium period, all prohibitions, definitions, exemptions, procedures, and requirements set forth in Ordinance No. 1838, as previously extended, shall remain in full force and effect, except as expressly modified by this Ordinance.

SECTION 4. CONTINUED STUDY AND REVIEW.

During the extended moratorium period, the City Manager, or designee, is authorized and directed to continue and complete the study and review directed by Ordinance No. 1838 and the First Extension, including preparation and processing of potential amendments to the General Plan, Unified Development Code, specific plans, development standards, and other applicable regulations to address data centers and similar high-intensity computing uses. The City Manager, or designee, is further authorized to return to the Planning Commission, Sustainability Commission, City Council, or other appropriate bodies for additional review, recommendation, or direction. Any permanent regulations shall be considered in accordance with applicable law and following the required public review and hearing process.

SECTION 5. WRITTEN REPORT.

The City Council finds that the additional written report required by Government Code section 65858(d) has been prepared and issued, and that the staff report and supporting materials describe the measures taken to alleviate the conditions that led to adoption and extension of Ordinance No. 1838.

SECTION 6. CEQA.

The City Council finds that this Ordinance, which temporarily maintains the regulatory status quo while the City continues to study potential permanent land use regulations, is not a “project” subject to the California Environmental Quality Act (“CEQA”) because it does not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment pursuant to CEQA Guidelines section 15060(c)(2).

Page 21 of 23 ends

Urgency Ordinance No. 1838-Ext2, Extending Urgency Ordinance No. 1838 fo... Page 769 of 883 Alternatively, the City Council finds that this Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) because the extension of the existing temporary moratorium will not result in a direct or reasonably foreseeable indirect physical change in the environment and there is no possibility that the extension may have a significant effect on the environment. To the extent applicable, the City Council further finds that the Ordinance is exempt pursuant to CEQA Guidelines sections 15308 as an action taken by a regulatory agency to assure the maintenance, restoration, enhancement, or protection of the environment.

SECTION 7. SEVERABILITY.

If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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 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 portions may be declared invalid or unconstitutional.

SECTION 8. EFFECTIVE DATE; VOTE REQUIRED.

The City Council finds and declares, based upon the facts and findings stated in this Ordinance and in Ordinance No. 1838, that this Ordinance is necessary for the immediate preservation of the public peace, health, and safety.

This Ordinance is adopted pursuant to Government Code section 65858 and shall take effect immediately upon its adoption by at least a four-fifths (4/5) vote of the City Council.

SECTION 9. PUBLICATION.

The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted as required by law.

PASSED, APPROVED, AND ADOPTED this 7th day of October, 2026. ______________________________

ELAINE HOLMES, MAYOR
ATTEST:

CITY CLERK
______________________________

SABDI SANCHEZ, MMC

DIRECTOR OF CITY CLERK SERVICES

Page 22 of 23 ends

Urgency Ordinance No. 1838-Ext2, Extending Urgency Ordinance No. 1838 fo... Page 770 of 883

Page 23 of 23 ends

Urgency Ordinance No. 1838-Ext2, Extending Urgency Ordinance No. 1838 fo... Page 771 of 883 City of Indio
City Council
October 7, 2026

STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Steven Graham Pacifico, City Attorney
Subject: Public Hearing to Consider Introduction and First Reading of (1) an Ordinance Adding Chapter 4.28, "Regulation of Events Uses in Residential Zones," to the Indio Unified Development Code and Making Conforming Amendments to Table 2.02.02-1 (Allowed Uses – Residential Zones), Chapter

4.27 (Temporary Uses), and Article 6 (Administration + Procedures); (2) an Ordinance Amending and Restating Chapter 37, "Regulation of Short-Term Rentals," of the Indio Municipal Code; and (3) an Ordinance Amending and Restating Chapter 95C, "Noise Control," of the Indio Municipal Code and Making Conforming Amendments to Chapter 12 (Enforcement of Code); and to Find that the Adoption of the Ordinances Is Not a Project Subject to the California Environmental Quality Act (CEQA) and, Independently, Is Exempt from CEQA Under CEQA Guidelines Sections 15061(b)(3), 15307, and 15308.

RECOMMENDATION:

Staff recommends that the City Council:

1. Open the public hearing, receive public testimony, and close the public hearing.

2. Find, on each of the independent grounds stated in Section 7 of the Chapter 4.28 ordinance, Section 3 of the Chapter 37 ordinance, and Section 4 of the Chapter 95C ordinance, that the adoption of the ordinances is not a "project" subject to CEQA (Public Resources Code § 21065; CEQA Guidelines §§ 15060(c) and 15378) and, independently, is exempt from CEQA under CEQA Guidelines § 15061(b)(3) and §§ 15307 and 15308, that no exception under Guidelines § 15300.2 applies, and direct the Community Development Director to file a Notice of Exemption.

3. Provide direction on each of the thirteen bracketed policy choices identified in Part G of the Background Information, direct amendments to any other portion of the Ordinances, and direct staff to conform the ordinance text accordingly before second reading.

4. Introduce Ordinance No. 1851, an ordinance of the City Council of the City of Indio amending the Indio Unified Development Code by adopting Chapter 4.28 ("Regulation of Events Uses in Residential Zones") and making conforming amendments to Table 2.02.02-1, Chapter 4.27, and Article 6, read by title only, waive further reading, and hold first reading.

5. Introduce Ordinance No. 1852, an ordinance of the City Council of the City of Indio amending and restating Chapter 37 of the Indio Municipal Code regarding the regulation of short-term rentals, read by title only, waive further reading, and hold first reading.

AGENDA ITEM #13.4
Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 772 of 883

6. Introduce Ordinance No. 1853, an ordinance of the City Council of the City of Indio amending and restating Chapter 95C ("Noise Control") of the Indio Municipal Code and making conforming amendments to Chapter 12 ("Enforcement of Code"), read by title only, waive further reading, and hold first reading.

7. Schedule second reading and adoption for the next regularly scheduled meeting.

SUMMARY:

The City has prepared three coordinated ordinances that together regulate events on residential property, the operation of short-term rentals, and noise. New Chapter 4.28 of the Unified Development Code would replace the current practice of authorizing large residential events by administratively issued Temporary Use Permit with a permit framework available only on residentially zoned parcels of one acre or more: attendance thresholds tied to lot size, an Administrative Use Permit for smaller regulated events and a Conditional Use Permit for larger ones, mailed notice to neighbors, required parking, security, sanitation, and neighborhoodmanagement plans, fixed citywide event hours, objective noise limits, annual compliance review, and suspension and revocation with appeal to an independent hearing officer. Customary family, social, cultural, religious, civic, and neighborhood gatherings are expressly not regulated. The amended and restated Chapter 37 sets a daytime occupancy limit for short-term rentals, creates a defined allowance for ordinary daytime gatherings such as birthdays and family reunions under eight conditions, keys the evening restrictions to a single citywide definition of Quiet Hours, removes the twenty-person overnight ceiling for homes with more than eight verified bedrooms while excluding children under five from the count, defines the strike system as three substantiated violations in a rolling twelve months, moves appeals from the City Manager to an independent hearing officer, and adds platform reporting and de-listing requirements. The amended and restated Chapter 95C keeps the existing subjective noise standard and adds an objective one, replaces the written-warning cycle with an on-the-spot Order to Abate and a compliance period, creates an Enhanced Enforcement Status for properties with repeat substantiated violations, adds per-minute fines for noise that continues after an order, and ends the blanket noise exemption for permitted events.

The three ordinances share one definition of Quiet Hours, one set of objective noise limits, one enforcement ladder, and one hearing officer, so that a gathering at a short-term rental, a wedding at an estate property, and a loud gathering at any home are measured against the same standard and the same process.

The City Council reviewed the concepts at a study session in March 2026, and the Planning Commission considered the ordinances at noticed public hearings on July 22 and August 12, 2026.

On August 12th the Commission recommended that the City Council adopt Chapter 4.28 with the modifications the Commission directed, and provided its comments on the Chapter 37 and Chapter 95C ordinances, which amend the Municipal Code rather than the Unified Development Code and are before the Council on their own footing. The Council versions implement the Commission's direction, add clarity on day use of short-term rentals, and strengthen the noise-enforcement pathways. Thirteen provisions are presented with bracketed alternatives for the Council's decision.

BACKGROUND INFORMATION:

The community process and the hearing record
Residential properties have been routinely used in the City of Indio for customary social gatherings that are incidental to residential living and create no significant neighborhood impact.

Page 2 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 773 of 883 In recent years, however, the City has received a sustained volume of complaints from residents, primarily though not exclusively concentrated around the Trilogy neighborhood and Los Palos/Zenda enclave in the southern part of the City (Cross-streets Ave 50/Jackson St). The complaints from affected residents included allegations of recurring large events with amplified music continuing late into the night, permits issued with no notice to neighbors, complaints that produced a written warning and nothing further, guest and vendor parking and traveling on private streets, and short-term rentals used for parties.

Short-term rental owners and operators raised a different set of concerns: whether one guest's conduct could cost an operator the permit, how a subjective noise standard would be applied, how occupancy is calculated for larger homes, whether guests may hold a daytime birthday or family gathering, and what happens to a permit on sale.

Owners of larger properties that host events asked whether the one-acre minimum would stand, which tier their property falls in, how many events they could hold and until what hour, what security, parking, sanitation, insurance, and monitoring would cost, and what would happen to events already booked if the City's regulations changed.

The City Council held a study session on the concepts in March 2026. The Planning Commission held noticed public hearings on July 22 and August 12, 2026. At the July 22 hearing the Commission requested updates to the definition of an ordinary residential gathering, a matrix of the parcel-size tiers, additional outreach to owners of event properties, and later Friday and Saturday hours. Elected officials and staff interacted with the residents in affected neighborhood and City staff met with property owners. Staff returned to the Planning Commission on August 12 with an addendum responding to each request. The Commission received extensive oral and written testimony from residents, operators, and property owners at both hearings, together with written correspondence that is included in the record. On August 12 the Commission reached consensus on two attendance tiers with no annual-frequency test, event hours of 11:00 p.m. and midnight, a security and crowd-management plan in place of a fixed staffing ratio, the exclusion of children under five from occupancy counts, a bedroom-based occupancy formula without a fixed ceiling, using the City's independent hearing officer to resolve appeals rather than the Planning Commission or City Council, and a safe harbor for permitted events at short-term rentals. The Planning Commission recommended that the City Council adopt Chapter 4.28 with those modifications. The Commission also received the presentation on, and provided comments regarding, the Chapter 37 and Chapter 95C ordinances.

The existing regulatory framework
Under the code as adopted today, a large event on residential property is authorized by a Temporary Use Permit issued administratively by the Community Development Director under UDC § 4.27.04(B)(8), which permits "social events such as large weddings, picnics, or fireworks displays which by their nature are non-recurring." The procedure that currently exists lacks a Council-directed attendance limit, notice to neighbors, appeal step for neighbors, and continuing review of the permit, and, absent conditions imposed on issuance, an outdoor gathering authorized by a City permit is wholly exempt from the noise ordinance under Municipal Code § 95C.09(C).

A short-term rental on a lot of 14,500 square feet or more may host a gathering of up to 40 persons without any permit (§ 37.012(B)(2)); a gathering of 25 to 39 persons on a smaller lot, or of 41 or more persons on any lot, requires a special event permit (§ 37.012(B)(3)). Amplified sound and outdoor activity are restricted between 9:00 p.m. and 8:00 a.m. Sunday through Thursday and 10:00

Page 3 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 774 of 883 p.m. and 8:00 a.m. Friday and Saturday (§ 37.012(I)–(J)). Overnight occupancy is four persons plus two per bedroom, capped at 20 for eight or more legally established bedrooms. A permit may be revoked for a third violation related to permitting or noise during the permit term or for any single violation (§ 37.016(B)); appeals are filed within 15 days and heard by the hearing officer. The property may not be rented while the appeal is pending (§ 37.017).

The noise ordinance establishes a subjective standard: noise that causes discomfort or annoyance to a reasonable person of normal sensitivity, or that is plainly audible more than 50 feet from the source (§ 95C.03(A)). There are no decibel limits for residential noise, and enforcement begins with a written Noise Warning Notice, with a citation following only if the officer has evidence of a violation after the warning or must return within 30 days for the same problem (§ 95C.10(A)).

Proposed Chapter 4.28 Regulation of Events Uses in Residential Zones The chapter regulates events and assembly uses on residentially zoned property, and distinguishes, in objective terms, between the customary use of a home for family, social, cultural, religious, civic, and neighborhood gatherings, which the chapter does not regulate, and the recurring or commercial-scale use of residential property for events, which it does. Subsection (C) states the three lawful categories of gathering at a short-term rental and provides that a Regulated Residential Event conducted under a valid permit is express authorization for purposes of Chapter 37.

Subsection (D) lists the customary gatherings the City does not regulate, including birthdays, quinceañeras, graduations, anniversaries, weddings and receptions of household members, holidays, religious observances, memorials, reunions, barbecues, pool parties, and neighborhood gatherings, and confirms that retaining a caterer, photographer, florist, bounce house, small acoustic ensemble, or a DJ operating, by itself, does not convert a gathering into a regulated event.

For the purposes of the ordinance a Regulated Residential Event is an event that meets any of four criteria: attendance at or above the exempt threshold for the property's tier (counting everyone present at one time except household members and children under five); advertising or marketing of the property as an event venue; professional or commercially amplified concert-style entertainment, professional staging, or amplified sound audible beyond the property line during Quiet Hours; or the charging of admission or fees. An Ordinary Residential Gathering is one below the threshold that is non-commercial and complies with generally applicable codes. Small and Large Residential Events correspond to the AUP and CUP bands. Venue Operation is defined by the totality of the circumstances, including advertising, the share of property income derived from events, use of the property predominantly for events, and frequency considered with size and impact. The ordinance addresses issues such as Net Lot Area, Property Aggregation (including the aggregation of contiguous commonly controlled parcels used as one estate), and a Transitional Period.

The ordinance provides that no AUP or CUP may be issued for a parcel of less than one acre of net lot area. On such parcels an ordinary gathering of fewer than 40 persons is a customary residential activity permitted as of right and a Regulated Residential Event is prohibited. Tier 1 comprises parcels of one acre to less than 2.5 acres: gatherings of fewer than 50 are not regulated, events of 50 to 100 may be authorized by AUP, and events of more than 100 require a CUP. Tier 2 comprises parcels of 2.5 acres or more: fewer than 100 not regulated, 100 to 150 by AUP, more than 150 by CUP. The Planning Commission preferred using attendance as the sole threshold with the number, timing, and seasonal distribution of events being set by conditions of approval based on the application and review of the specific property.

An application must include a site plan; a description of the proposed events; a security and crowdmanagement plan for approval by the Chief of Police; a parking and transportation plan sized to

Page 4 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 775 of 883 maximum attendance, using the City's assembly-use parking ratios, under which all guest and vendor vehicles are parked on-site at the property or removed by valet or shuttle; a sanitation plan for properties not connected to public sewer; a neighborhood management plan with a 24-hour event contact number; liability insurance of $1,000,000 per occurrence and $2,000,000 aggregate naming the City; and an indemnity agreement.

An Administrative Use Permit (AUP) is noticed by mail to the owners and occupants of all parcels within 500 feet (1,000 feet for a Tier 2 property) and posted, is decided by the Director after consideration of written comments, and is subject to call for review by the Planning Commission and appeal by any aggrieved person.

A Conditional Use Permit (CUP) is heard by the Planning Commission after a noticed public hearing.

Conditions of approval may address the number and interval of events, attendance, hours, noise monitoring and sound limits at the receiving property line, parking and traffic management, on-site management and security, prohibited equipment and setbacks for amplified sound sources (100 feet where the property adjoins a higher-density parcel), pre-event notice to neighbors within 500 feet for events of 75 or more, and different conditions for fully enclosed indoor events. The Director may approve minor modifications of up to 10 percent in attendance without amending the permit.

Regulated Residential Events are limited to 8:00 a.m. to 11:00 p.m. Sunday through Thursday and 8:00 a.m. to midnight Friday and Saturday, as an objective citywide standard that a permit may tighten but not relax. Amplified sound and outdoor event activity may not be plainly audible beyond the property line during Quiet Hours as defined in Chapter 95C; events are subject to the objective exterior noise standards of § 95C.03A at the receiving property line, and the exemption in § 95C.09(C) does not apply except to the extent the permit sets different hours or limits with findings.

Each condition of approval is separately enforceable, and each event conducted without a permit or in violation of a permit is a separate violation. The Director conducts an annual compliance review of each AUP and CUP. Grounds for corrective action, modification, suspension, or revocation include fraud, violations of the chapter or conditions, two material substantiated violations or entry into Enhanced Enforcement Status within twelve months, three substantiated violations of any kind within twelve months, a serious safety incident, exceeding attendance or hours, failure to provide required security, parking, sanitation, or insurance, a recurring pattern of impacts, and operation as an advertised venue beyond the permit. Before modifying, suspending, or revoking a permit, the Director gives written notice and at least ten days to respond, and a timely appeal stays the action.

The Director, Chief of Police, Fire Chief, Building Official, or Code Enforcement Manager may immediately order an event to cease for a safety threat, dangerous overcrowding, blocked emergency access, missing required security, absence of a permit, or attendance exceeding the maximum by more than 10 percent or 25 persons, whichever is less. An immediate order is not stayed by appeal but may be expeditedly appealed. Appeals are filed with the City Clerk within [10] calendar days and heard de novo by the Designated Hearing Officer, who is subject to the independence and disqualification rules added to Chapter 12, with the City bearing the burden of proof by a preponderance of the evidence; the hearing officer's decision is the City's final administrative decision, subject to judicial review under Code of Civil Procedure § 1094.6. The ordinance presents two alternatives for the Council's consideration: an appeal to the City Council on the record, or a three-member panel of hearing officers. After revocation, no new application may be filed for twelve months, extendable to twenty-four.

Page 5 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 776 of 883 Recordkeeping and transition (§§ 4.28.09–4.28.10). Permittees keep records of each event for three years. The chapter takes effect with the ordinance; the AUP/CUP requirement applies from the AUP/CUP Compliance Date, the day after the Transitional Period, which runs through the last day of the [third] full calendar month after the Effective Date. During the Transitional Period, Regulated Residential Events may be authorized by Temporary Use Permit reviewed under the standards of §

4.28.06, with no more than [10] events per Property. Where a complete AUP or CUP application is on file before the Compliance Date, the Director may authorize by TUP the specific events that were contractually booked before the Effective Date until the application is finally decided. No prior event activity creates a vested right or a legal nonconforming use.

Proposed amended and restated Chapter 37 Regulation of Short-Term Rentals The restated chapter retains the permit requirement, the annual renewal, the inspection and application provisions, the prohibited-activity list, the local contact requirements, and the transient occupancy tax provisions of the current chapter, and makes the following principal changes.

Occupancy (§ 37.012(B)). Overnight occupancy (10:00 p.m. to 8:00 a.m.) remains four persons plus two per bedroom verified by the City, but continues above eight bedrooms rather than stopping at 20, subject to the Building Code, the Fire Code, and septic capacity; children under five are not counted. A daytime occupancy limit is added: the overnight limit plus [four], between 8:00 a.m. and Quiet Hours, excluding hired service workers and children under five. An owner may prohibit or restrict gatherings by contract.

Ordinary Daytime Gatherings (§ 37.012(B)(2)(b)). The registered occupants may host, during a stay, a gathering of the kind a household hosts at home if eight conditions are met: attendance not exceeding the lesser of the Chapter 4.28 exempt threshold for the lot ([40] for a lot under one acre) or [two] times the overnight limit; hours from [8:00 a.m.] to Quiet Hours with invitees departing before Quiet Hours; no advertising or fee; no concert-style entertainment or professional staging, and all amplified sound within Chapter 95C; vehicles on the property or on the parking plan; the responsible person present; advance notice of the gathering to the owner or local contact, recorded on the guest information form (with a bracketed alternative requiring notice to the City through its portal [24] hours ahead); and no more than [one] gathering per stay and [twelve] per property in a rolling twelve months. A compliant gathering is express authorization and is not evidence of partyhouse use; a non-compliant gathering is subject to the daytime limit. Gatherings above these allowances require a Chapter 4.28 permit and are otherwise prohibited.

Sound and outdoor activity (§ 37.012(I)–(J)). Amplified sound and outdoor activity may not be plainly audible beyond the property line during Quiet Hours as defined in Chapter 95C; indoor amplified sound may never be heard beyond the property line; outdoor amplified sound before Quiet Hours must meet the objective standards of § 95C.03A; and concert-style entertainment or professional staging requires a Chapter 4.28 permit. The required signage at pools, spas, and exterior doors is expanded to state Quiet Hours, the daytime limit, the gathering rules, and the prohibition on event use.

Events, party houses, and safe harbor (§ 37.015(K)–(M)). Commercial and assembly uses at a short-term rental are prohibited absent express authorization under the Code; operation as a party house is an independent ground for suspension or revocation; and a Regulated Residential Event conducted under a valid Chapter 4.28 permit is express authorization under Chapter 37, with the stricter of the applicable noise, hour, and occupancy limits controlling during the event.

Page 6 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 777 of 883 Suspension, revocation, and appeals (§§ 37.016–37.017). A permit may be revoked for a third substantiated permitting or noise violation within a rolling twelve months, whether or not within the same permit term, or upon entry into Enhanced Enforcement Status; a single violation supports revocation only where it involves a serious threat to health or safety, an unauthorized commercial or assembly use, or party-house operation, considering stated factors. Appeals are filed within [10] calendar days and heard by the Designated Hearing Officer within 30 days, with the City bearing the burden of proof; a timely appeal stays a modification, suspension, or revocation, except that the Permit Administrator may order an immediate suspension for an immediate threat or party-house operation, subject to an expedited hearing within ten days. Neighbors within 500 feet continue to receive notice of suspensions, revocations, and appeal hearings and may testify. The one-year bar on reapplication after revocation follows the owner rather than the property.

Change of ownership (§ 37.011). The permit remains personal and nontransferable, with defined change-of-control triggers and a limited exception for transfers to a trust, spouse, or family member; a prospective owner may apply before closing, and a buyer may receive a 30-day provisional operating authorization while the application is processed.

Hosting platforms (§§ 37.013–37.014). The chapter adopts the framework of the Short-Term Rental Facilitator Act (Gov. Code §§ 50990–50996): the City maintains a registry, listings must display the City permit number and tax certification, facilitators report monthly, and facilitators must de-list a property on notice of suspension, revocation, or other invalidity.

Penalties (§ 37.018). Administrative citation fines remain at the amounts established by §

12.08.07(D) ($1,000, $2,000, and $3,000); noise violations at a rental are also subject to the compliance-period, Enhanced Enforcement Status, and duration-based penalty provisions of Chapter 95C.

Proposed amended and restated Chapter 95C Noise Control Definitions and Quiet Hours (§ 95C.02). The chapter adds definitions of ambient noise level, dBA, Leq, Lmax, enforcement official, Enhanced Enforcement Status, receiving residential property, sound level meter, and "plainly audible," defined as a sound whose source, rhythm, bass, melody, lyrics, or words can be distinguished with unaided hearing at the specified location, the rhythmic bass component being sufficient. Quiet Hours are defined once for residential amplified sound and outdoor activity under Chapters 95C, 37, and 4.28: [10:00 p.m.] to 8:00 a.m. Sunday through Thursday and [11:00 p.m.] to 8:00 a.m. Friday and Saturday, with the current 9:00 p.m. and 10:00 p.m. cutoffs retained as a bracketed alternative; for all other purposes of the chapter, including enhanced fines, Quiet Hours are 10:00 p.m. to 7:00 a.m. every day.

Two pathways (§§ 95C.03 and 95C.03A). The existing subjective standard is retained and may be established by an official's direct observation, including audio or video, without a measurement. A new objective standard is added: a plainly-audible standard at 50 feet, or at the property line during Quiet Hours where a chapter or permit so specifies; exterior noise limits at the property line of any receiving residential property of [65] dBA Leq and [75] dBA Lmax in the daytime (7:00 a.m. to 7:00 p.m.), [60] and [70] in the evening (7:00 p.m. to Quiet Hours), and [55] and [65] during Quiet Hours, or the ambient level plus [5] dBA where the ambient is higher; a measurement protocol (calibrated Type 1 or Type 2 meter, A-weighting, slow response, windscreen, microphone height and placement, minimum measurement duration, wind limit, exclusion of unrelated sources, and a written record); and an evidentiary rule under which a compliant measurement is prima facie evidence and City-approved monitoring-device data is admissible. The bracketed limits are calibrated to the Noise Compatibility Guidelines of General Plan Table 11-1 and are to be confirmed

Page 7 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 778 of 883 by the City's acoustical consultant before adoption. Either pathway is sufficient to establish a violation. Consistent with Noise Element Policy NE-1.5, a permit under Chapter 4.28 or Chapter 113, a development agreement, or a TUP may establish different limits or hours for the permitted activity upon written findings, and a permit may require monitoring devices or an acoustical consultant at the permittee's expense.

Enforcement procedures (§ 95C.10(C)). Before citing a property that is not in Enhanced Enforcement Status, an enforcement official issues an Order to Abate and allows a compliance period of not less than [five] minutes, first attempting to reach the local contact or event contact where the property is a permitted rental or event. If the noise ceases within the compliance period, no citation issues and no duration-based fine accrues, but the incident is recorded as a substantiated violation. No compliance period applies where the property is in Enhanced Enforcement Status, the event or rental is unpermitted, the violation poses an immediate risk to health or safety, or the responsible person refuses the order or cannot be located. A property enters Enhanced Enforcement Status upon the [second] substantiated violation within a rolling twelve months and remains in it until twelve months pass without another; while in status there is no compliance period, enhanced fines apply, and the City may initiate proceedings against any permit issued for the property. A substantiated violation is one directly observed by an official, or established by a compliant measurement, monitoring-device data, or the sworn statements of [two] or more complaining households corroborated by other evidence, and not contested or upheld; a complaint alone is not sufficient. Each violation is a discrete offense.

Penalties (§ 95C.10(D)–(E)). Standard administrative citation fines remain $100, $200, and $500 for the first, second, and subsequent violations within a rolling year, counted per property, and may be increased up to double for violations between 10:00 p.m. and 7:00 a.m.; for violations at Chapter

4.28 events and at properties in Enhanced Enforcement Status, the base amounts may be increased to not more than $1,000, $2,000, and $5,000. Administrative civil penalties of up to $1,000 per day remain available under Chapter 12, capped at $100,000 for a single course of conduct. A duration-based fine may be assessed in one-minute increments for noise that continues after the compliance period expires, at up to $100, $200, and $500 per minute (daily caps of $5,000, $10,000, and $25,000), or up to $200, $400, and $1,000 per minute for Chapter 4.28 events and status properties (daily caps of $10,000, $20,000, and $50,000), at a rate set by the official on stated factors and served in a written notice that is appealable to the enforcement hearing officer.

The ordinance brackets the enhanced and duration-based amounts for verification against the statutory maximums in Government Code §§ 36900 and 53069.4 before second reading. Secondresponse cost recovery of not less than $100 is retained, and the exemption for permitted outdoor gatherings in § 95C.09(C) is narrowed to the hours and limits a permit expressly establishes.

Other provisions. The chapter extends the landscaping-equipment hours to all powered landscaping equipment (7:00 a.m. to 7:00 p.m. in standard time; 6:00 a.m. to 8:00 p.m. in daylight-saving time, with an annual 5:30 a.m. waiver for qualifying large-scale operations), conforms the construction and loading hours, adds a private right of action for residents within 300 feet subject to notice, frequency, and no-attorney's-fees limits, and confirms that enforcement may be carried out by any enforcement official under Chapter 12 without any expansion of arrest authority.

Conforming amendments to Chapter 12 (Exhibit B). The ordinance amends Chapter 12 to define the enforcement hearing officer by reference to a City Council-appointed list; to designate additional enforcement personnel for Chapters 37, 95C, and 4.28; to authorize duration-based civil penalties with their own daily maximums; to define "within one year" on a rolling, per-property basis; to make suspension and revocation notices, Enhanced Enforcement Status notices, and duration-based fine notices appealable under § 12.11.01 and to exclude immediate orders from the automatic stay; and

Page 8 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 779 of 883 to add § 12.12.03.1, requiring that hearing officers be selected competitively, that no current City employee or recent City consultant serve, that compensation be fixed and independent of outcomes, that terms be limited, and that removal be for cause.

Changes between the Planning Commission drafts and the Council versions Planning Commission direction implemented. Two attendance tiers with exempt thresholds of 50 and 100 and AUP bands of 50 to 100 and 100 to 150, with no annual-frequency test; event hours of 11:00 p.m. and midnight as a citywide standard; a Chief-approved security and crowd-management plan in place of a fixed one-guard-per-75 ratio, with City personnel at the Chief's discretion; children under five excluded from occupancy counts and the bedroom formula continued above eight bedrooms; independence requirements for the hearing officer; and a safe harbor under Chapter 37 for events held under a Chapter 4.28 permit.

Day-use clarity. A defined Ordinary Daytime Gathering allowance at short-term rentals; an express statement that customary family, social, cultural, religious, civic, and neighborhood gatherings are not regulated; a [40]-person ordinary-gathering rule for lots under one acre, which the Commission's drafts did not address; and confirmation that customary support services do not make a gathering an event.

Noise pathways. The objective standards of § 95C.03A; the Order to Abate and compliance period in place of the 30-day warning cycle; Enhanced Enforcement Status; the definition of a substantiated violation; and the duration-based fine structure, cross-referenced from Chapters 37 and 4.28 so that all three chapters use one process.

Policy choices presented for Council direction
Thirteen provisions are bracketed in the ordinance text. Each was presented to the Planning Commission as a value or as a set of alternatives, so that the Council's selection among them does not constitute a substantial revision requiring referral under UDC § 6.06.01(G)(2). Staff requests direction on each; the text will be conformed before second reading.

Choice (section) As drafted Alternative
Quiet Hours for residential amplified
sound and outdoor activity (§
95C.02; § 4.28.06(C); § 37.012(I)–
(J))
10:00 p.m. Sun–Thu / 11:00 p.m.

Fri–Sat, to 8:00 a.m.
9:00 p.m. / 10:00 p.m. (current rental
cutoffs), or such other hour as the
Council may direct
Ordinary-gathering threshold on lots
under one acre (§ 4.28.02; §

4.28.03(D)(2); § 37.012(B)(2)(b)(1))
Fewer than 40 Another number
Rental daytime occupancy (§

37.012(B)(2)(a)) Overnight limit + 4 Another number; or add a ceiling Rental gathering cap (§

37.012(B)(2)(b)(1))
Lesser of the lot threshold or 2 ×
overnight Another multiplier
Gatherings per stay and per year at
a rental (§ 37.012(B)(2)(b)(8)) 1 per stay; 12 per year Other counts Gathering start time (§

37.012(B)(2)(b)(2)) 8:00 a.m. Another time
City-portal notice of rental gatherings
(§ 37.012(B)(2)(b)(7)) Not required (owner records it) Require notice 24 hours ahead

Page 9 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 780 of 883 Compliance period after an Order to
Abate (§ 95C.10(C)(1)) Not less than 5 minutes Another minimum Enhanced Enforcement Status
trigger (§ 95C.10(C)(2))
2nd substantiated violation in 12
months 3rd
Appeal filing deadline (§ 4.28.08(J);
§ 37.017(B))
10 calendar days (matches §

12.11.01)
15 days (requires express override
of §§ 12.11.01 and 12.10.03)
Hearing-officer structure (§

4.28.08(J); § 37.017(D))
Single independent hearing officer;
decision final
Option A: appeal to Council on the
record; Option B: three-officer panel
Tier 2 notice radius (§ 4.28.05(A)(9)) 1,000 feet 500 feet One-time TUP for a life-cycle event
on a lot under one acre (§

4.28.03(D)(2))
Not included Include, once per 24 months
Exterior noise limits (§ 95C.03A(B)) 65/75, 60/70, 55/65 dBA; ambient + 5 Values confirmed by an acoustical
consultant
Additional bracketed values of an administrative character (the [75]-attendee and [7]-day pre-event notice condition, the [100]-foot amplified-sound setback condition, the [10] percent minormodification and immediate-cessation thresholds, the third-month Transitional Period a, and the hearing-officer term and lookback periods in § 12.12.03.1) are recommended as drafted unless the Council directs otherwise.

General Plan Consistency
Each ordinance contains findings of consistency with the Indio General Plan 2040, which the Council is asked to adopt. The Land Use and Urban Design Element directs the City to preserve and protect the character of its residential neighborhoods, to proactively identify and address nuisances (Policy LU-6.5), to ensure adequate transitions to adjacent residential properties (Policy LU-6.7), and to use zoning to limit conflicts among uses (Policy LU-1.1), while also specifically identifying hospitality and recreational secondary uses in the Desert Estates and Desert Estates Transition place types and directing that resort uses reflect the character and intensity of the place type (Policy LU-8.2; pp. 3-12, 3-17, 3-18) and, in the Southern Neighborhoods subarea, that neighborhoods be kept stable (p. 3-47).

The Noise Element directs the City to protect noise-sensitive uses through land use compatibility and noise ordinance enforcement (Policy NE-1.1), to minimize noise conflicts between neighboring properties through enforcement of the Noise Control Ordinance (Policy NE-3.1), to require entertainment uses to minimize impacts on adjacent receptors (Policy NE-3.3), and to reduce exposure through operating hours and setbacks (p. 11-2); the objective standards of § 95C.03A are calibrated to the Noise Compatibility Guidelines of Table 11-1.

The Safety Element directs the City to ensure the effectiveness of its ordinances for emergency access and evacuation (Policies SE-2.5 and SE-3.8) and to fund police services in part through special event reimbursement fees (Policy SE-1.9), and the Infrastructure and Public Facilities Element (Goal IE-1; Policy IE-3.1; Table 9-2) supports the sanitation and capacity requirements.

The Chapter 4.28 ordinance further finds that a Regulated Residential Event conducted under a permit is an accessory use customarily associated with and subordinate to the residential use of a large-lot property, that the ordinance creates no new principal, lodging, or commercial use in any residential zone, and that it changes no zone boundary (UDC § 6.06.01(I)).

Conforming amendments and why each is necessary
The Chapter 4.28 ordinance amends Table 2.02.02-1 to list "Regulated Residential Event (Accessory)" with table notes, so that the finding required by UDC § 6.04.04(F)(1) that a

Page 10 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 781 of 883 conditionally permitted use is allowed within the zone can be made for each CUP and AUP; amends § 4.27.04(B) to add paragraph 9, directing that Regulated Residential Events are governed by Chapter 4.28, that TUPs during the Transitional Period are reviewed under § 4.28.06; and amends §§ 6.02.02(E), 6.03.13(A), and 6.03.17 and Table 6.02.04-1 so that the modification, suspension, revocation, and appeal procedures of § 4.28.08 govern permits issued under the chapter while initial approvals, denials, and permittee-requested amendments continue to follow Article 6. The Chapter 95C ordinance amends Chapter 12 as described in Part E so that the hearing-officer independence rules, the appeal provisions for the new notices, the per-property counting of violations, and the duration-based penalty authority are available to all three chapters.

Implementation, transition, and the annual report
If adopted at second reading on October 21, the ordinances take effect thirty days later. The Director will publish the Effective Date, the last day of the Transitional Period, and the AUP/CUP Compliance Date on the City's website. During the Transitional Period, Temporary Use Permits reviewed under the new operating standards remain available for Regulated Residential Events, and events booked before the Effective Date may proceed under a TUP while a complete AUP or CUP application is pending. Short-term rental operators will be required to update the posted notices, guest information forms, and rental contracts to reflect the daytime limit, the gathering rules, and Quiet Hours; the City will notify hosting platforms of the permit-number, reporting, and de-listing requirements. The Chapter 4.28 ordinance requires the City Manager to present an implementation report to the Planning Commission and the City Council no later than September 1, 2027 and annually thereafter, stating the permits applied for, issued, denied, modified, suspended, and revoked by tier, the events held, the complaints received and violations substantiated, enforcement actions under all three chapters, an estimate of staff time, and a recommendation on the one-acre minimum, including the one-half-acre alternative raised at the Commission.

ALTERNATIVES:

The City Council may:

1. Introduce the ordinances as presented;

2. Introduce the ordinances with amendments;

3. Refer the matter back to the Planning Commission for further consideration;

4. Continue the item to allow staff to return with additional information for the Council; or

5. Take no action on the ordinances.

ATTACHMENTS:

Attachment 1 IND - STRTUPNOISE Explainers (Letter)
Attachment 2 - Ordinance No. 1851 Adopting UDC Chapter 4.28 (Regulation of Events Uses in Residential Zones) with Conforming Amendments
Attachment 3 - Ordinance No. 1852 Amending and Restating IMC Chapter 37 (Regulation of Short-Term Rentals)
Attachment 4 - Ordinance No. 1853 Amending and Restating IMC Chapter 95C (Noise Control) with Conforming Amendments to Chapter 12
APPROVAL(S):

Page 11 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 782 of 883 Jonathan Nicks, City Manager Approved - 01 Oct 2026

Page 12 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 783 of 883 WhoCan Host,HowMany,andWhichPermit
Under the proposal, an event permit is available only on residential lots of one acre or more, and the number of people on the property at one time decides whether no permit, an Administrative Use Permit, or a Conditional Use Permit is required.

CONDITIONALUSE PERMIT
decided by the Planning
Commissmn at a publichearing a ‘
Fewer than Not available
40 people Regulatedevents are prohibitedon lotsunderone acre, Under one acre
1— _— m 1 FEWerthan I
i More than 100 people
i
{
(maximum set by the
One acre t0 UHdEI’ 50 people
Planning Commission)

2.5 acres (Tier 1) i
More than 150 eo le Fewer than .
p P
100 e0 le (maXImumset by the

2.5 acres or more
P P Planning Commission)
(Tier 2)
who iscounted: Everyone on the property at one time, includinghosts, guests, and vendors.

Not counted:householdmembers who livethere and childrenunderfive.

Lotsizeis net lot area from the parcel map or assessor’srecords,fixedwhenthe permit isissued.

Thenumberof events is not fixedby the ordinance,it isset by the conditionsofeach permit. a Contiguousparcels under commonownership used together as one estate count as one property 9 Attendanceis the onlythreshold,
0 An event is also regulated.whateverits size, ifthe property is advertised as a venue, uses concertstyle amplifiedentertainment or professionalstaging, or charges admission. i 4E\II0 ’
ProposedUDC§§ 4.28.02,428mm). 4.2804(3);whois counted, § 428.02 C A L I F O R N I A Proposedsubjectto CityCOUnCii action.

Page 13 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 784 of 883 Same FactsforEveryone:

WhatChangesfor Neighbors,RentalOperators,andEventProperties For each orthe three groups the proposal arrects, this graphic states what would become stricter and what would become more permissive compared with the rules in effect today, using the same facts for all three.

A = stricter (more regulation) v = More permissive(less regulation) $1 NEIGHBORSANDRESIDENTS
Meofanevempennlt
= Same (no change)
Stronger protections for your neighborhood

TODAY PROPOSED
Mailed notice to owners and occupants within 500 ieet
for an AUP(1,000 feet on 2.5 acres or Motel; 3 Public
None. AremporaryUse Permit
isissuedover the counter with
Attendance limits
no notice to neig‘bcrs
None.Noattendance limit
on a remporarvUse Permit.
hearing tor a CUP.

N0 event permit under one BUB:
tiers by lot size (see Graphic1).

Subjective only. and events Wider
a City perrmt are exempt from the
noise ordinance.

Subjective standard kept; decibel limitsadded at your
property line; permitted events no longer exempt as a whole.

Alter a complaint An Orderto Abatewith a citation
only on a latervisit.

An Order to Abate with a compliance period a! at least
5 minutes; perrmihute iinesif the noise continues;
Enhanced EnforcementStatus an the second substantiated
violation in 32 months,
A
A
A
Noisestandard
A
Your rm. gent-rings Notregulated. Not regulated. birthdays, ouincearieras. graduations, weddings oi household members, holidays. religious
Observances, memorials, reunions, below the lot
7 he thresholds.

SHORT-TERMRENTALOPERATORS
Clearer rules Withsome added flexib'ii'ty
T0”!ly, . . l
Ampli?edsound and outdoor activity
restrictedafter 9:00p in Sundayrhursday and 10.00pm. Friday—Saturday.

10.00 pm, Sundayi'rhursday “311.00p in. Friday5aturday, to 8,0!) a m, (the Council may keep today's 9:00 and 1000 pm).

Agathering of upto 40 people allowed Daytime limitoi the overnight limit plus 4, one Ordinary withouta permiton I05 of 14,500 square Daytime Gathering per stay, up to 12 a year, capped feet or more. at the lesser ofthe lutrslze threshold or 2 times the overnight limit
Overnight occupancy 6 plus 2 per bedroom, capped at 20. 4 plus 2 per verriled bedroom, continuing above 8 bedrooms; diildreh under ?ve not counted,
Loslnglhe permit Thirdviolationduring the permit term.
or any single violation.
rhird substantiated permitting or noise violation in a rolling 12months, or entry into EnhancedEniorcement Status;
i a single violationonly tor a serious safety threat, an unauthorized commercialor assembly use, or "party house" operation.

To the City Manager, within 15 days,
Withno rentalwhile the appeal is pending i
lo an independent nearing orircer, within 10 calendar days; the permit stays in eriect during the appeal unless the notice slates an immediate threat or “party house" use.

EVENTPROPERTIES
A mm C [lif'diilt‘lh'l‘ and ii an idi emprol'ess
mom PiloPosen
A Permittype ATemporary Use Permitisissued Administrative usePermittor small events (tier limits); overthe counter tormost events. ConditionalUse Penniltor large events or de iaclo venues A Applicationreview limitedhndingsand littladiscretiori Cleartindings iorapproval, withconditionstailoredto the event. v Timing Typially 10businessdays (orlessi, rarget 50 days ior an AUP,90 days iota cup (plus public hearing).

A Conditions Minimaland inconsistent. Standard conditions.including parking shuttles.security, noisemanagement, waste management, and good neighborpractioes v Path to ongoing use Noclear process forfrequentevents: Ade?ned path for venuesthrough the conditionalUse Pennit process repeated Temporary Use Permits.
l T V 0 F Proposed00c §§ 4.20.02.4.20.03, 4.23.04,4.20.05.12.2305, 37012, 37.010.95C02, 95c 03, 95C 09, 95c 10
Proposed 7 subiectto CityCouncil action

Page 14 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 785 of 883 Anatomyofa PermittedEvent
Apermitted event on a residentiallotof one acre or more wouldrun within?xed hours,stop ampli?ed sound and outdoor activity at QuietHours, keep every guest and vendor vehicleoil‘fneighboring streets, operate under a security plan approved by the ChiefofPolice,and answer a contact numberthroughout the event.

Hours ' ' Sanitation G 8:00am. to 11:00pm. Sunday— w* Orlasepticsystem. a sanitation Thursda .00am. to midnight planshowingeithercorinmied
Friday-Saturday,includingarrival, system capacityorportable departure,foodservice, and restrooms andhandwasiiing
entertainment. A permitmay stationsservicedbya licensed shorten thesehours, never haulerforthemaximum
extend them, attendance-,recydingenowaste
disposalasrequired a Sound
Arripllnedsoundand outdoor IIIIIactivitymust not be plainly ‘ o for?“be audlblebeyondthe property line / .
‘9 Spam: "“mh'I duringQuietHours(10.00 pm. I
‘ ““‘WS' mg °“
Sundayeinursdn; 11:00pm. ‘ EVE'YM“'-.’e?l’°“5°,‘°
FridayeSaturday),Decibellimits °‘y ‘ Wm “"1”" 15mm“
. . \ byphoneoitext andwrthrn applyat the neighbors property \ ‘
, .
lineatau other times unlessthe , \
I
45 ““9““ PW"
permitsets differentlimitswith i I
I written?ndings.Breakdown I I
I
,
aftertheevent: no ampli?ed I l
‘ Notice
sound. , t I | . WhenanAUPisappliedior,
I : I‘ I mailednoticeto miners and .

I i occuparitswitninsuuieet a Parking ‘
I ,' (1,000 ieeton 2.5acres
Everyguest andvendorviiilgle i I
ormoreyacupiiasapuuia
onthe propertyorremov y nearingAsapennitzorldilicn,
valetor shuttleto an approved
" " anevent oi75ormoreattendees
Dii-Siielocatlon;never inFromOI ' I
needsWillie"notice10
anotherresidenceora neighborswithin500ieetat
communlty facility;noblocking\ {I l’ ieast7daysalieadwththedate ordriveways,hydrane, or
(
hours,on-Slleconiacl number,
rightsofaway.Piansizedto the I
andpolicemnsemergency
maximumattendanceusingthe numbet
Clty'sassembly-useparking \
ratios.
0 Security
‘ Papenrvork
Asecurityandcrowdrrianagernent \
c _ $1,000,000peroccurrencel
planapprovedbythe chieiorPolice ~ - _ _ - _ - —
’
32,000,000aggregateliability
oerorethe permitissues;the cniei insomnianamingtheCity; may requirean on-site manager, a signedindemnnyagmr,
licensedsecurityina stated number («ordsofeach eventveprror or ratio, and,wherewarranted,City 3years;anannualcompliance public-saietypersonnelat the reviewortnepermit.
perminee‘scost. WheretheChief
?ndssecurityis not warranted]
anonsite managerisenough.

Alcoholservicefollowsstate lawand the social hostordinance (Chapter 130).

Thenumberof events, andany

CITY OF
INDIO

CALIFORNIA
stricter hoursor soundlimits,are set bythe conditionsof eachpermit, Fees are set byCityCouncilresolution.

Proposed ch §§ 4.23.05,4.23.05,4.23.03,4.28.09
Proposed— subjectto CityCouncilaction.

Page 15 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 786 of 883 ANoiseComplaint,StepbyStep
Underthe proposal, an enforcement of?cialwho confirms a noise violationgives an onathe-spot Order to Abate and a shortcompliance period;ifthe noise stops there is no line, and ifit continues, citations and per-minute finesfollow, with repeat violationsplacingthe property in Enhanced Enforcement Status. 4a. Noisestops.

N titlli, no lute
TheracltterttI: fetorded

2. An official
responds and
observes.

3. Orderto Abate.
twiltlilalltuuorlnd
rli at legal '5! min lies

1. A resident
reports the noise.
l'lr enlpmenrlr‘
ode
Llilmwmelll lll
nu'
Nocomplianceperiodwhen
thenovelty 'oit Enhanced
EnioroeinentStatus, theevent
or rentalhasnorequiredpermiL
there isan lrrimedlatesaietv
risk,orthe personrefuses
the orderor cannot beround.
rlierin illitlt-‘slu
drill (a nntau
r uvelll i'uiiratr first
:3; hours
as a substantiated 5, Second \llnlalltm substantiated violation in 12 months.

6. Third
substantiated
violation at a short
term rental in
12 months.
er‘lr'linr nr: ,
:t irn. lll Lt'lllllll'mr»
rle‘ily
rrr.r,rrnrun lsrourru ,rrr ,
l“ tl’lt:rerrial permit
.oitl it arn'ttller
Citation ?nes: $100,$200, $500 (?rst, second,laterviolations withina year),maybedoubledbetween 10:00pm. and 7:00 a.rn.

Regulatedevents and EnhancedEnlorcemeniStatus: up to
$1,000, 32,000,35,000.

Per-minute?nes:Upto $100,$200, $500 per minute (dailycaps 35,000,510,000,325.000),regulatedevents andEnhanced
EnlorcerneritStatus:up to $200, $400, $1,000 perminute
(dailycaps $10,000, $20,000.550.000).Therate is set casebycase and statedina writtennotl(e that can be appealedwithin10days.

QuietHours
Amplifiedsoundand outdoor activitymust not be
plainlyaudiblebeyondthe property line.
12 1 - QuietHours
Councllaltemalive'
11 “Hm"
swim/10mm 2 #15:?‘0 31°03 “-
toda tal .
:I?aiéls. re: 3
11:00pm to 8:00a m_
e _ 9
__
Finesmaybedoubled
8 4 citywide:
10:00DJ".to 7:00a rn.
7 S
5 everyday.
| 3 Dashedborder: valuetheCouncilwilldecide.
@ Today:
q Proof:
cn’v OF ‘
oia violationor must return within30 days.
with corroboratingevidence.

INDIO

CALIFORNIA
Awritten warning on the firstvisit,and a citationonlyitthe officerthen has evidence Limitsat the neighbor's property line
Average over 15 minutes / maximum
Daytime,7:00 am, to 7:00 pm:

Evening,7:00 pm. to QuietHours: {—60 I70dBAi
QuietHours: {§§[§§§§6]
Wherebackgroundnoiseisalreadyhigher,thelimitisbackground plus5 dBA.Of?cersmayalsoact onwhattheyhear;a measurement isnot required.

WWW
costrecoveryornot lessthan3100perresponse.

A complaint alone is never enough. Aviolationmust be observed by an orncial,measuredwitha meter, recordedIn!an approvedmonitoringdevrce,orsupported byswornstatements irorntwo ormore households ProposedUDC§§ 95COZ,95C.03A,QSCJO;§ 37 016
Proposed— subjectto CityCouncilaction.

Page 16 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 787 of 883 AftertheCouncil Acts:WhatHappens, andWhen
itthe ordinances are adopted, they take effect30 days later; events may continue underTemporary Use Permits through a TransitionalPeriodof about three months; afterthat. an event needs an AUP or CUP.except at a property whose complete permit application was filed and paid for by the Compliance Date, which may continue under Temporary Use Permits until its application isfinallydecided. <— Transitional Period—> 0—9—9
FromtheEtienneDatethroughthelastdayol
0—6—0
October7, 2026 October21,2026 E?ec?veDate thethildfullcalendarmonthattertLEventsmaybe AUP/CUP Dim WishesBySepteniber 1,2017, Publichearlng; Secondreadingand 30days authorizedbylemporaryUsePennli,reviewedunder (omp?ancebatgtl'ietiveedatsmthe andannually introdumqn and adoption(ifapproved) afteradoption memopelatmgstmalds Thedayal‘terthe “WWW lmplementationrepon rmwading Transitimall’erlodm mm" min Planning
"n AUP°' CUP“Wm“ "BYbe“‘9‘5' “Y“"‘e Fromihisdate. anevent CommissionandCouncil, an!“ Em"? We needsanAUPorcup, lncludlrigwhether
oraTUPunderthe theoneacre minimum
ActrveAppllcatlon shouldbelowered
pathbelow.

Italicdatesarepnbllshedbyrne mrrmrarteradoptlon
Was a complete AUP or CUP
application for the property filed,
with all fees and deposits paid,
by the Compliance Date7
‘
» Approved events 'IA proceed underthe
AUP nr CUP
Thepropertyhasan Untilthe application A(hlrd'pa?y ?naldetermination: No lunher TUPs, NoActiveApplication:

ActiveApplication. IS finallydetermined, appeal,callfor lromtheCompliance theownermayapply review,orlawsuit Date, theCityWillnot
theC 's dEClSlUHI:

IttheCity?ndsthe lor,and theDirector overan approval filial idudmg3W Denied,withdrawn, accept 3 Tu? application applicatlonincomplete,5 mayissue,Temporary>doesnot lnvalldate appealorcallW . ‘EWr or abandoned: or issue a TUP(or a theapplicanthas UsePermitslotspeclflc a wealready and the time to sue no further TUPs. regulatedevent at the 30calendardaysrrom event dates at that issued hasrunor any lawsult ATU?alreadyissued property.Anappllcatton newnnendetermlnatlon emperorunderme (includinga CEOA does not authorizeany ?ledaftertheCompliance towwlvwhalwaS We “We“ Eat“ challenge)has ended event more than 60 days DateisnotanActive requested, orthe TUPnames the arterthe final Application;oregulated applimtionISdeemed applicationand determination. Went maybehelduntil abandoned. madam withdrawal. or theAUPorcup is abandonment. approvedandinel‘iect.

Nopriorevent activitycreates a vestedor nonconformingright.and?lingan applicationconfersno rightto approval.

TheTransitionalPeriodlengthisa (home beforetheCityCouncil.CalendardateslortheEtienneDate, theendoftheTransltionalPeriod, andtheComplianceDate arepublishedbythe Directorafteradoptionandare not shownhere.

INDIO

CALIFORNIA
ProposedUDC§ 428.10; Ordinance§§ E, 10

C IT V O F
‘
Proposed7 subjectto CityCouncilaction.

Page 17 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 788 of 883

CITY OF
INDIO

CALIFORNIA
Consistentwith the General Plan:

Four Examples
The General Plan 2040 already allowshospitality and gathering activityan indionlarge residentiallotsand direct the Citytoprotect neighborhood character and enforce the noise ordinance. These fourexamplesshow how the proposed ordinances keep each use withinthat direction.

THEUSE
A”guest wedding
on a 1.2-acre lot
Tier 1(one acre to under2.5acres):
50to 100guests isa Small
ResidentialEvent,authorizedbyan
AdministrativeUse Permitfrom
tile Director,

WHATTHEGENERALPLANSAYS
“The Desert Estates and Desert Estates
Transitionplace types listSecondary:

Hospitality,recreational amongtheir
allowed uses (pp. 347, 348), and
'Resorts maybe incorporated into any
neighborhoodtype' (p, 3-12).
’Resortsshouldreflectthe overall
character, alloweduses,and intensity
of the placetype'(PolicyLu-s2t"
HOWTHEORDINANCEKEEPSlTCONSISTENT
Theeventstays anaccessoryuse, the Directormust llndit "clearly incidentaland subordinateto the primary residentialuse”and not a de ratiocommercialvenuel§ 4.28.05(B)(l)l.

Mailednoticeto ownersand occupants WithinSooleet.‘written comments considered;the deciSlonmaybe calledforreviewor appealedt§ 4 28.05W(9)),
Hoursor23.00a,m,-11 00 p m, Sunday-Thursdayand 8:00 a mmidnightFriday-Saturday; amplllledsoundand outdooractiVlty stop at QuietHours;allvehiclesonthe property orbyvalet or shuttlel54 28.06),
:- AZOO-guestfundraiser — on a Lacre lot
I i
Tier 2 (2.5 acres or more): more
than150 guests is a Large
ResldentialEvent, requiring a
CondltlonalUse Permittrain the
PlanningCommissionafter a
publichearing. l
“Ensure the etiectrveness of the City‘s
Ordinancesinaddressingrequirements
for emergency access and evacuation in
new and existingdevelopment' (Policy
SE4 5).review applications ‘ior
consistency withapplicable lireand
buildingcode regulations including
emergency access/evacuationroutes’
(PolicySE38). Fund police services in
part through ‘speclalevent
reimbursementiees‘(PolicySE43)"
ThePlanningCommisSionmust findthat adequate emergency
access,lireaccess,and sanitationareprovidediorthemaximum attendance,and that the use is ”compatiblewiththe residential characterofthe surroundingarea" (s 4.2mm)
Asecurityandcrowdrrrlanagemerltplanapprovedbythechiefor Police.city puhllcaaretypersonnelat the permittee’scost where thechietiindsthemwarranted(54.2806(9)
Aparkingplansizedto 200 guests, mailednoucewithin1,000feet, anon-the-spotstop ordeilorblockedemergencyaccessor
dangerousovercrowding(§§ 4.2806(D),4.28.05lAJ(9),4 28 08th) Adaytimereunionof 24
atadsbetioomshort-tenn
rental ‘
AnOrdinaryDaytimeGathering:
allowedwithout a permitwhen it
mee? the ordinancesconditions;
headcount may not exceedthe
lesser of the lot-sizethreshold or
2 times the overnightlimit(12
ovemighl,so 24).
é
Notregulated. a customary
residentialgathering belowthe
40~personthreshold forlots under
one acre.No permit, nonotice,
nochange lromtoday
A30-personbirthday
panyaita hormonal!acre
"Create 'actlve andcomfortableplaces
that encourage social interaction and
community gathering' (GoalLuz;
PolicyLid-2.2);support ‘horne
businesses that meet Cityplanning
and permitting lequirements’ (Policy
LU-64). 'Preserve, protect, and enhance
the characteroi the City's dilierent
residential neighborhoods’,‘proactively
identityand address nuisances'
(PolicyLot-6‘5)”
"Keep neighborhoodsstable’(p. 347),
'active andcomfortableplaces that
encouragesocialinteraction and
communitygathering'(Goal LU-Z)."
Andin every example.the NoiseElement
The NoiseElement directsthe city to ”Amendthe noise ordinance to includeday and nighttimenoise levellimitsand to specilicaliyprotect noise sensitive landusesduringovernighthours"(rable 11.2, Program 2) and to “Minimizenoisecon?icts between neighboringpropertiesthrough enforcement"(PolicyNE-31). chapter 95c does bolh decibellimitsat the neighbor’sproperly lineat 65/75 daA by day,60/70 in the evening, and 55/55 duringQuietHours.calibratedto Table ii 71;a singlede?nitlon of QuietHours(‘0100 p.m Sundaerhursnay, 11:00 pm Fridarsaturday, to 3:00 am); an anatherspotOrder to Abate with a Thegatheringendsat QuietHours,inviteeswho arenot overnight guests leavehelorethen;the responsiblerenter is present throughout(§ 37,012lBll2llbii.

Notadvertised,nolee, noconcert-stylentertainmentor
professionalstag'l ‘ allvehiclesonthepropertyortheparkingplan.

Nomorethanonegatheringperstay andtwelveper year,anything largerneedsa Chapter4.28 permit, availableonlyononeacre or more,
Theordinancestates that the City“doesnot regulate.. he
customary useat a homeforlarnily,social,cultural,religious,(ii/it, and netghlaoliloodgatherings,"Indudlngbirthdays,oumcaaneras graduations,holidays,religiousobservances,memorials, , and reunions(§ 4 28 01(D)).

Householdmembersand childrenunder?veare not counted:
a caterer, photographer,ilorisl,bounce house,smallacoustic group,ororwitlllnthe noiselimitsdoes not changethe result (§ 4.28.02)
Thenoiseordinanceappliesto everyhomeasitdoestoday,
compliance periodorat least 5 minutes; and no blanket noise exemptionfor permittedevents Chapter 4 23 amends the Unified Development Code and is adopted with irndingsorGeneral Planconsislency (up: aspa mun), Gov. Code § 55350), every permit issued under it must also be round consistent with the GeneralPlan chapters :7 and 95c amend the MunicipalCode, change no zoning regulation,and provide that the General Plancontrolsin any connict
lndro General Plan2vo astiredin the ordinances,proposed out ch 4 25, um chs 37 and esc Proposedrsuhiettto(Ily Coun?l action

Page 18 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 789 of 883 °'" °‘ CEQAandthe Events Ordinance: INBIG ThreeIndependentGrounds CALIFORNIA —
TheChapter 4.28 ordinance sets rules for events that already occur on residential property and approves no event anywhere.

Theordinance finds, on three independent grounds, that itsadoption is not subject to or is exempt from CEOA.Every future event permit willreceive its own CEOAreview.

Does adopting Chapter 8 requ e en ronmental rev w under CEQA No.Theordinance is a set at regulatory standards, not an approval ofany event, and it can onlymaintainor reduce the impacts of events compared withtoday's rules.TheCityCouncilisasked to make these findingsand directthe ?lingof a Noticeof Exemption.

Theordinance isnot a "project"under CEQA
WhatCEOAsays Whyit applies here
€thappliesm?yma rpmymranMen I Theordinance“establishesregulatorystandards,permitprocedures, hndings,and .
withmepotentialto causea directphysical enforcementprotocolsfoi an activity that alreadyoccurson residentialproperty in lheCity' changeinthe momma,“ or a reasonably I ”Itapproves nodevelopment,no (onstmclton, and noevent at anyspeci?clocation,and it ymmeabie indim pywicalchange cornmnsthe city to nocourseoraction Withrespect to any specrhcproperty." (pub, ResourcesCode§ 21055;Guidelines I Example:9 ZOchuesliundraiseron a Aaacrelot is not approvedbythisordinance,nwould §§ 15060(c)(ZH3), 15378) need a ConditionalUsePermit,which"isa discretionaryapprovalthat willbe subiect to its own leviewunderCEQAat the timeit is considered."
What CEQAsays Whyjtappliesrhere.

I Measuredagainst today's rules,the ordinance~canonlymaintainor reducethe lrequeiicy, intensity,and impactsoisuchevents.” Today:events are permittedbyTemporaryUse Permit withoutattendanceiimits,publicnotice,numericnoisestandards,orcontinuingaceournabiiity, ,a Independently, the common sense exemptionapplies
l
CEQAdoes not applywhere -it canbe seen
i withcertaintythat there isno possibility“
that the action”may haves signi?cant a shortterrn rentalmayhosta wspersongatheringwith no permit, pennitted outdoor effecton the environment"(Guidelines gatheringsare exempt iromthe noiseordinance § 15061(b)(3))r I Thecity's ownnoisemonitoringofthreepermittedevents oflso to 200 atendees in September andoaoberzozs “foundthatreceivingsingieiamilyresidencesremainedwlthlnlheacceptable or conditionallyacceptable exteriornoiserangesoiiaoie llcl oithe General PlanNoiseElement dvlingeachevent," beloreanyatthe new limitsapplied
Commentsthat lhe ordinancewriiincreasenoise, trains,and wastewater impacts' describe potentialimpactsoi iuture permittedevents, whichWillbe ovaluauadand conditionedat the permitstage, not impads otthe adoption oiregulatorystandards." Independently.the ordinanceis a regulatory actionto protect the environment What(EQA says Whyit applies here
‘ Actionsbya regulatoryagency“toassure I Tileordinance"does not relaxanyexistingstandard,involvesno constructionactivity,“and ma”Manama. restoraugn‘ enhancement, adds "attendance thresholds, publicnotice, discretionarytindlngs,attractivenoiseand hour 0, pmmim of a naturalmeme and standards, sanitationandemergencycaccessrequrrernents,andsuspensionand revocation meenvironment"aremegmtayyy“mp. remediesthat donot existundercurrentlaw' (Guidelines 5 15307, class 7,-§ l5308, I Examplesolthe nearprotectionsnoevent permiton lotsunderone acre;event hoursending am a), at “.00 pm.Sundayvlhuisdayand midnightFridavaaturdzy,‘decibellimitsat the neighbors a sanitationplanon septicplopenles.

WhatCEQAreview still happens
I EveryAdministrativeUse Permitand ConditionalUse Permitunder chapter 428 isa discretionaryapproval withitsown CEQAreviewwhen it isconsidered; nothing inthis Ordinancepredeteriillrles Ihe outcome oi that review.” I Cumulativeimpacts oi multiplepermittedevents "Willbe addressed through the ?ndings and conditionsrequired ior each" permit, includingthe iindingthat events, considered together with other permitted event uses inthe vicinity,willnot create significantadverse impacts on noise, parking,traincprivacy, sanitation,or publicsafety.

I TheGeneralPlan’senvironmental analysisalready anticipated that “specialevents, mayincreaseinireguency;however, there would he no iundameniai changeIn litenature oi these sources and existingregulationunder the noise ordinancewouldContinue”(Noise clement, p. ii-7i; the ordinanceiswrrhinthe scope orthat analysis.

None oi the exceptionsto the categoricalexemptionsapplies(Guidelines a 5300.2). iheordinanceapproves noactivity at any site, applies uniiorrnlyto residential property citywide,and presents no unusualcircumstancesbecauseit regulatesrather than authorizesan activitythat alreadyoccurs itthe Counciladopts the ordinance,lhe Community DevelopmentDirectoriiiesa Noticeoi Exemptionwrththe Riversidecounty clerk within?veworkingdays aitet adoption (Pub ResourcesCodea2iisztb); Guldelliles§ isoszi Filingstarts a 35-dayperiodtorany counchalienge to the CEQAderenmnation (Pub. ResourcesCode § 21l67(dl). Obyectlons underCEQAmust be raisedbeforethe close0! the publichearing(Pub, ResourcesCode § 21177).The Chapter37 and Chap12795( ordinances comain the same ?ndings onthe same three grounds.

Proposed ordinanceadoptinguocChapter 4,23, Section 7, companion ordinances,Sections 3 and 4, CEQAourdelinesas cited Proposed - subtedto onCouncilaction

Page 19 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 790 of 883 ORDINANCE NO. 1851

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF INDIO, CALIFORNIA, AMENDING THE INDIO

UNIFIED DEVELOPMENT CODE BY ADOPTING
CHAPTER 4.28 (“REGULATION OF EVENTS USES IN
RESIDENTIAL ZONES”) TO ESTABLISH STANDARDS,

PERMIT PROCEDURES, AND ENFORCEMENT

PROTOCOLS FOR ASSEMBLY USES ACCESSORY TO

RESIDENTIAL USES, AND MAKING CONFORMING
AMENDMENTS TO TABLE 2.02.02-1 (ALLOWED USES
– RESIDENTIAL ZONES), CHAPTER 4.27
(TEMPORARY USES), AND ARTICLE 6
(ADMINISTRATION + PROCEDURES)
WHEREAS, the City Council finds that large-scale events and assemblies in residential zones can create significant adverse secondary impacts, including excessive noise, traffic congestion, parking intrusion, public safety hazards, and the erosion of residential character, and that the record before the Council, including the testimony received at the Planning Commission hearings of July 22 and August 12, 2026, the City’s enforcement history, and the written comments of residents and property owners, documents those impacts; and
WHEREAS, the City Council desires to balance the rights of property owners to enjoy their property with the right of residents to the quiet enjoyment of their homes and neighborhoods; and
WHEREAS, the City’s Unified Development Code (“UDC”) currently regulates events on residential property only through Temporary Use Permits issued administratively under Chapter 4.27 and Section 6.04.05, with no attendance thresholds, no numeric noise standards, no public notice, and no continuing permit accountability, and the Council finds that a comprehensive framework with clear, objective standards for the review and conditioning of such uses is necessary; and WHEREAS, on July 22, 2026, and August 12, 2026, the Planning Commission of the City of Indio held a duly noticed public hearing to consider the proposed amendment to the UDC, received oral and written testimony, and at the conclusion of said hearing, approved a recommendation that the City Council adopt the proposed Chapter 4.28 with the modifications summarized in the staff report to the Council; and
WHEREAS, the City Council held a duly noticed public hearing on October 7, 2026 to consider the adoption of this Ordinance and has considered all evidence and testimony presented; and
WHEREAS, the City Council finds that the adoption of this Ordinance is consistent with the Indio General Plan 2040 (“General Plan”), as set forth in Section 1 below, and in particular with the Land Use and Urban Design Element, the Noise

Page 20 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 791 of 883 Element, the Infrastructure and Public Facilities Element, and the Safety Element; and
WHEREAS, the General Plan assigns the Desert Estates and Desert Estates Transition place types to the City’s large-lot semi-rural residential areas, and identifies as allowed land uses in both place types “Primary: Single-family residential, agriculture, parks and recreation” and “Secondary: Hospitality, recreational” (General Plan pp. 3-17, 3-18), provides that “Resorts may be incorporated into any neighborhood type” (p. 3-12), and directs the City to “Permit resort uses in any General Plan placetype with a neighborhood designation,” provided that “Resorts should reflect the overall character, allowed uses, and intensity of the placetype” (Policy LU-8.2); and
WHEREAS, the General Plan also directs the City to “Preserve, protect, and enhance the character of the City’s different residential neighborhoods” (UDC §

2.02.01(B)), to “proactively identify and address nuisances” (Policy LU-6.5), to ensure “adequate transitions to adjacent residential properties” (Policy LU-6.7), to enact buffering standards through zoning “to limit conflicts in the uses and operations” of properties (Policy LU-1.1), and, within the Southern Neighborhoods subarea, to “Keep neighborhoods stable” while allowing “uses that can benefit and create synergies with activities and events in the Festival District” (p. 3-47); and WHEREAS, the Noise Element directs the City to protect noise-sensitive uses “through land use capability / adjacency, build design, and noise ordinance enforcement” (Policy NE-1.1), to minimize noise conflicts between neighboring properties through enforcement of the Noise Control Ordinance (Policy NE-3.1), to require entertainment uses “to minimize noise impacts on adjacent noise-sensitive receptors” (Policy NE-3.3), and to reduce noise exposure “through the use of operating hours” and “through the use of setbacks” (p. 11-2); and WHEREAS, the Safety Element directs the City to “Ensure the effectiveness of the City’s Ordinances in addressing requirements for emergency access and evacuation in new and existing development” (Policy SE-2.5), to review applications “for consistency with applicable fire and building code regulations, including emergency access/evacuation routes” (Policy SE-3.8), and to fund police services in part through “special event reimbursement fees” (Policy SE-1.9); and WHEREAS, the City Council finds that this Ordinance does not establish or authorize any new principal use, lodging use, or commercial use in any residential zoning district; that a Regulated Residential Event, as limited by this Ordinance, is an accessory use customarily associated with, and subordinate to, the lawful residential use of a large-lot residential property, within the meaning of UDC §§

2.01.03 and 2.01.04(B) and the definition of “Use, Accessory” in Article 7; and that the conforming amendment to Table 2.02.02-1 adopted by this Ordinance is necessary so that the required finding under UDC § 6.04.04(F)(1) that “the proposed use is allowed within the applicable zone” may be made.

Page 21 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 792 of 883

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

SECTION 1. FINDINGS. Based on the entirety of the record, the City Council finds and determines:
• General Plan Consistency (UDC § 6.06.01(I)(1); Gov. Code § 65860). The proposed amendment is consistent with the goals and policies of the General Plan. The Land Use and Urban Design Element expressly allows hospitality and recreational secondary uses and resort-oriented activity within the Desert Estates, Desert Estates Transition, and other neighborhood place types (pp. 3-12, 3-17, 3-18; Goal LU-8; Policies LU-8.1, LU-8.2, LU-8.4), supports “home businesses that meet City planning and permitting requirements” (Policy LU-6.4), calls for “active and comfortable places that encourage social interaction and community gathering” (Goal LU-2; Policy LU-2.2), and directs the City to “Streamline desired uses to permit uses that foster greater economic opportunity and conform to General Plan by-right, including hospitality, visitor-serving uses, and temporary or pop-up uses” through “form-based regulations and standards that create more certainty in the development review process” (Table 3-3, Program 2). At the same time the General Plan directs the City to preserve neighborhood character and stability, address nuisances, provide adequate transitions between uses, and buffer conflicting operations (Policies LU-1.1, LU-1.5, LU-6.5, LU-6.7; p. 3- 47). This Ordinance implements both sets of policies at once: it allows the accessory hospitality and gathering activity the General Plan already contemplates on large residential lots, while carrying out the General Plan’s neighborhood-protection policies through lot-area-based attendance tiers, discretionary findings, conditions of approval, objective noise and hour standards, and continuing permit accountability. The tiers are keyed to the factors the UDC itself uses to measure “Intensity of Use” (Article 7): vehicle trips, parking demand, hours of operation, “the amount of noise, light, or glare generated,” and “the number of persons attracted to the site.” • Public Health, Safety, and Welfare (UDC § 6.06.01(I)(4)). This Ordinance will promote the growth of the City in an orderly manner and will promote and protect the public health, safety, peace, comfort, and general welfare by regulating the intensity of events that can otherwise lead to overcrowding, unauthorized commercial activity, noise, traffic and parking intrusion, and excessive demands on public safety resources, and by requiring security, parking and transportation, sanitation, and emergency-access planning consistent with Safety Element Policies SE-1.4, SE-1.9, SE-2.5, SE-3.2, SE3.7, and SE-3.8 and Infrastructure and Public Facilities Element Goal IE-1, Policy IE-3.1, and Table 9-2, Programs 2 and 8.
• Internal Consistency (UDC § 6.06.01(I)(2)). The proposed amendment is internally consistent with other applicable provisions of the UDC. Chapter

4.28 is placed in Article 4 (Regulations for Specific Uses) following Chapter

4.27, uses the Administrative Use Permit, Conditional Use Permit, and

Page 22 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 793 of 883 Temporary Use Permit procedures of Article 6, and tracks the “clearly incidental and subordinate” structure the UDC already applies to accessory non-residential activity at a dwelling (§§ 4.09.01, 4.12.02(E), 4.15.01). The conforming amendments to Table 2.02.02-1, Chapter 4.27, and Article 6 adopted by this Ordinance eliminate any inconsistency between Chapter 4.28 and the residential use table, the temporary use standards, and the modification, revocation, and appeal procedures of Article 6. • Zone Boundaries (UDC § 6.06.01(I)(3)). The amendment does not change any zone boundary.
• Accessory Use Finding. The City Council finds, as a legislative matter, that social, family, cultural, religious, civic, and neighborhood gatherings are customarily associated with the residential use of a dwelling, that on large semi-rural residential lots such gatherings customarily include events of the size regulated by Chapter 4.28, and that a Regulated Residential Event conducted in compliance with a permit issued under Chapter 4.28, which limits attendance by lot area, requires that the property remain in lawful residential use, and requires findings that the event use is incidental and subordinate to that use, is an accessory use and not a principal, incidental, or commercial use within the meaning of Article 7. The Council further finds that the Director’s authority under Chapter 4.27 to permit “social events such as large weddings, picnics, or fireworks displays” on residential property by Temporary Use Permit (§ 4.27.04(B)(8)) reflects the City’s long-standing treatment of residential events as permittable accessory activity, and that Chapter 4.28 replaces that unstructured process with objective standards and continuing accountability.
• Existing Baseline. The Council finds that under existing law an STR on a lot of 14,500 square feet or more may host a gathering of up to 40 persons with no permit (IMC § 37.012(B)(2)), larger gatherings and weddings may be permitted by special event permit (IMC §§ 37.012(B)(3), 37.015(K)), any residential property may host events by Temporary Use Permit without attendance limits, public notice, or numeric noise standards (UDC §

4.27.04(B)(8)), and permitted outdoor gatherings are exempt from the Noise Control Ordinance (IMC § 95C.09(C)). Measured against that baseline, this Ordinance and the companion amendments to Chapters 37 and 95C impose attendance thresholds, public notice, discretionary findings, conditions, objective noise standards, and suspension and revocation remedies that do not exist today.

SECTION 2. ADOPTION OF CHAPTER 4.28. Chapter 4.28 is hereby added to the Indio Unified Development Code to read as set forth in Exhibit “A”, attached hereto and incorporated herein by reference.

SECTION 3. AMENDMENT OF TABLE 2.02.02-1 (ALLOWED USES – RESIDENTIAL ZONES). Table 2.02.02-1 of the Indio Unified Development Code is hereby amended as set forth in Exhibit “B”, attached hereto and incorporated

Page 23 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 794 of 883 herein by reference, to (a) add the use “Regulated Residential Event (Accessory)” under the heading “Residential Uses,” (b) add Table Notes 4 and 5, and (c) revise the entries for “Live Entertainment as Accessory Use, Indoors (Accessory)” and “Live Entertainment as Accessory Use, Outdoors (Accessory)” to reference Table Note 5. Except as so amended, Table 2.02.02-1 remains in full force and effect.

SECTION 4. AMENDMENT OF SECTION 4.27.04 (TEMPORARY USES). Section

4.27.04(B) of the Indio Unified Development Code is hereby amended by adding a new paragraph 9 to read as follows: “9. Regulated Residential Events.

Notwithstanding paragraphs 1 through 8 of this subsection, an Event or Assembly Use on residentially zoned property that constitutes a Regulated Residential Event, as defined in Chapter 4.28, is governed by Chapter 4.28. During the Transitional Period defined in Chapter 4.28, a Temporary Use Permit for a Regulated Residential Event shall be reviewed under the standards of Section 4.28.06 in lieu of paragraphs 3 through 5 of this subsection, and the finding required by Section

6.04.05(D)(3) shall be made with reference to those standards. On and after the AUP/CUP Compliance Date established by Section 4.28.10, no Temporary Use Permit shall authorize a Regulated Residential Event, except as provided in Section

4.28.10(C).”
SECTION 5. CONFORMING AMENDMENTS TO ARTICLE 6 (ADMINISTRATION + PROCEDURES). The Indio Unified Development Code is hereby amended as follows: (a) Section 6.02.02(E) is amended by adding at the end: “, except as otherwise provided in Chapter 4.28 (Regulation of Events Uses in Residential Zones) for permits issued under that Chapter”; (b) Section 6.03.13(A) is amended by adding at the end of the first sentence: “, except as otherwise provided in Section 4.28.08 for the modification, suspension, and revocation of permits issued under Chapter 4.28”; (c) the introductory paragraph of Section 6.03.17 is amended by adding at the end: “The modification, suspension, and revocation of permits issued under Chapter 4.28 are governed exclusively by Section 4.28.08.”; and (d) Table 6.02.04-1 is amended by adding to the rows entitled “Minor Modifications to Approved Permit,” “Major Modifications to Approved Permit,” and “Permit Revocation” a new table note reading: “For permits issued under Chapter 4.28 (Regulated Residential Events), see Section 4.28.08.” In each of Sections 4.28.02 and 4.28.08, references to Article 6 are to Article 6 (Administration + Procedures).

SECTION 6. ANNUAL IMPLEMENTATION REPORT. No later than September 1, 2027, and annually thereafter, the City Manager or the City Manager’s designee shall present a written report to the Planning Commission and to the City Council concerning the implementation and administration of Chapter 4.28. The report shall include, at a minimum, the number of Administrative Use Permits and Conditional Use Permits applied for, issued, denied, modified, suspended, and revoked, by tier; the number of Regulated Residential Events held under each permit; the number of complaints received and the number of substantiated violations; enforcement actions taken under Chapter 4.28 and Chapters 37 and 95C of the Indio Municipal Code; an estimate of City staff time devoted to administration and enforcement; and the City Manager’s recommendation, if any, regarding the minimum parcel size established by Section 4.28.03(D) (including whether it should be reduced to onePage 24 of 112 AGENDA ITEM #13.4 Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 795 of 883 half acre, as discussed by the Planning Commission), the attendance thresholds, hours of operation, festival-period regulations, and enforcement procedures. The reporting requirement established by this Section is directory. A delay in presenting the report shall not invalidate this Ordinance, Chapter 4.28, any permit issued under Chapter 4.28, or any enforcement action taken pursuant thereto.

SECTION 7. CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council finds and determines, on each of the following independent and alternative grounds, that the adoption of this Ordinance is not subject to, or is exempt from, the California Environmental Quality Act (Public Resources Code § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) (“Guidelines”):
(A) Not a Project; No Physical Change. This Ordinance establishes regulatory standards, permit procedures, findings, and enforcement protocols for an activity that already occurs on residential property in the City. It approves no development, no construction, and no event at any specific location, and it commits the City to no course of action with respect to any specific property. Any future Administrative Use Permit or Conditional Use Permit under Chapter 4.28 is a discretionary approval that will be subject to its own review under CEQA at the time it is considered, and nothing in this Ordinance predetermines the outcome of that review. Because the Ordinance itself has no potential to cause a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, it is not a “project” within the meaning of Public Resources Code § 21065 and Guidelines § 15378, and CEQA does not apply pursuant to Guidelines § 15060(c)(2) and (c)(3).
(B) Common Sense Exemption. Independently, the Ordinance is exempt under Guidelines § 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of the Ordinance may have a significant effect on the environment. Measured against existing conditions, in which residential events are permitted administratively by Temporary Use Permit without attendance limits, public notice, numeric noise standards, or continuing accountability (UDC §

4.27.04(B)(8)), short-term rentals may host gatherings of 40 persons with no permit (IMC § 37.012(B)(2)), and permitted outdoor gatherings are exempt from the Noise Control Ordinance (IMC § 95C.09(C)), the Ordinance can only maintain or reduce the frequency, intensity, and impacts of such events. The City’s noise monitoring of three permitted events of 150 to 200 attendees at the largest event property in the City in September and October 2025, conducted with Type 1 precision instruments, found that receiving single-family residences remained within the “acceptable” or “conditionally acceptable” exterior noise ranges of Table 11-1 of the General Plan Noise Element during each event, without the objective limits, hour restrictions, and monitoring conditions that this Ordinance and the companion amendment to Chapter 95C now impose. The Council has considered the comments asserting that the Ordinance will increase noise, traffic, and wastewater impacts and finds that they describe potential impacts of future permitted events, which will be evaluated and conditioned at the permit stage, not impacts of the adoption of regulatory standards.

Page 25 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 796 of 883 (C) Regulatory Actions to Protect the Environment. Independently, the Ordinance is categorically exempt under Guidelines § 15307 (Class 7) and § 15308 (Class 8) as an action taken by a regulatory agency, as authorized by state and local law, to assure the maintenance, restoration, enhancement, or protection of a natural resource and the environment, where the regulatory process involves procedures for protection of the environment. The Ordinance does not relax any existing standard, involves no construction activity, and imposes attendance thresholds, public notice, discretionary findings, objective noise and hour standards, sanitation and emergency-access requirements, and suspension and revocation remedies that do not exist under current law.
(D) No Exception Applies. None of the exceptions in Guidelines § 15300.2 applies.

The Ordinance does not approve any activity at any site; it applies uniformly to residentially zoned property throughout the City; there are no unusual circumstances, because the Ordinance regulates rather than authorizes an activity that already occurs; and cumulative impacts of multiple permitted events, if any, will be addressed through the findings and conditions required for each Administrative Use Permit and Conditional Use Permit, including the findings in Sections 4.28.05(B)(2) and (C)(2).
(E) Consistency with the General Plan EIR. The General Plan Noise Element anticipated that “temporary noise sources, such as construction activities and special events, may increase in frequency; however, there would be no fundamental change in the nature of these sources and existing regulation under the noise ordinance would continue” (p. 11-7). The Ordinance is within the scope of that analysis.
(F) Notice of Exemption. The Community Development Director is directed to file a Notice of Exemption with the County Clerk of the County of Riverside within five working days after the adoption of this Ordinance, in accordance with Public Resources Code § 21152(b) and Guidelines § 15062.

SECTION 8. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any 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 passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 9. RELATIONSHIP TO OTHER PROVISIONS. This Ordinance regulates events and assembly uses accessory to residential uses and the procedures applicable to permits for such uses. To the extent that any provision of the Indio Municipal Code or the Unified Development Code addressing that subject matter is in conflict with the provisions of this Ordinance, the provisions of this Ordinance shall control. Except as expressly provided in Sections 3, 4, and 5 of this Ordinance,

Page 26 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 797 of 883 nothing in this Ordinance amends the land use regulations or development standards of any zoning district, and nothing in this Ordinance authorizes any use not otherwise allowed by Article 2 of the Unified Development Code as amended by this Ordinance. In the event of any conflict between this Ordinance and the General Plan, the General Plan shall control.

SECTION 10. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after its final passage and adoption.

SECTION 11. PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.

PASSED, APPROVED, AND ADOPTED on this 21st day of October, 2026. _________________________________

ELAINE HOLMES, MAYOR
ATTEST:

CITY CLERK
____________________________________

SABDI SANCHEZ, MMC

DIRECTOR OF CITY CLERK SERVICES

Page 27 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 798 of 883

EXHIBIT A

4.28. REGULATION OF EVENTS USES IN RESIDENTIAL ZONES

4.28.01. Purpose and applicability.
(A) Purpose. The purpose of this Chapter is to regulate events and assembly uses occurring on residentially zoned property in order to: (1) minimize adverse secondary impacts on surrounding neighborhoods; (2) preserve the residential character, public peace, health, safety, and general welfare of the community; (3) prevent the conversion of dwellings into de facto commercial event venues without appropriate review; (4) provide clear, objective procedures for the review and conditioning of such uses; and (5) distinguish, in objective terms, between the customary use of a home for family, social, cultural, religious, civic, and neighborhood gatherings, which this Chapter does not regulate, and the recurring or commercial-scale use of residential property for events, which it does. (B) Applicability.
(1) This Chapter applies to events and assembly uses conducted on property located within all residential zones, including but not limited to any planned development, specific plan, or overlay zones that allow residential uses. (2) Where a property is located in a mixed-use or commercial zone that permits residential uses, the Director shall determine, based on the nature and intensity of the proposed event and whether the property is in lawful residential use, whether the event is more appropriately regulated under this Chapter or under the commercial use standards applicable to that zone, and shall state the basis for that determination in writing.
(3) This Chapter regulates events on residential property, including but not limited to weddings, receptions, parties, fundraisers, and similar assembly uses, whether or not compensation is charged.
(4) This Chapter is in addition to and shall be applied concurrently with all other applicable provisions of the Indio Municipal Code, including but not limited to:

Chapter 12 (Enforcement of Code); Chapter 95C (Noise Control); Chapter 130, Division 11 (Social Host Responsibility and Loud or Unruly Events); Chapter 113 (Entertainment Permits); and Chapter 37 (Regulation of Short-Term Rentals), where an event or assembly use occurs at a permitted short-term rental. (C) Gatherings and Events at Short-Term Rentals. Nothing in this Chapter authorizes any use that is expressly prohibited or restricted under Chapter 37. A gathering or event at a permitted short-term rental is lawful only if it falls within one of the following categories: (1) an Ordinary Daytime Gathering conducted in compliance with Section 37.012(B)(2) of the Indio Municipal Code; (2) on a property of one (1) acre or more, an Ordinary Residential Gathering as defined in this Chapter that also complies with the occupancy allowance of Section

Page 28 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 799 of 883

37.012(B)(2); or (3) a Regulated Residential Event conducted under, and in compliance with, a valid AUP or CUP issued under this Chapter. A Regulated Residential Event conducted in compliance with a valid AUP or CUP constitutes express authorization under this Code for purposes of Chapter 37, and shall not be deemed a violation of Chapter 37 or evidence that the property is a “party house” as defined in that Chapter; provided that the stricter of the noise and hour limitations of this Chapter, the permit, and Chapter 37 shall apply during the event.

A gathering at a short-term rental that exceeds both the allowance of Section

37.012(B)(2) and the applicable threshold under this Chapter, and is not authorized by an AUP or CUP, is a Regulated Residential Event conducted without a permit and is enforceable under both this Chapter and Chapter 37.
(D) Customary residential gatherings. The City does not regulate, and this Chapter shall be construed so as not to regulate, the customary use of a home for family, social, cultural, religious, civic, and neighborhood gatherings, including birthdays, quinceañeras, graduations, anniversaries, weddings and receptions of household members, holiday celebrations, religious observances, memorials, family reunions, barbecues, pool parties, neighborhood gatherings, and similar occasions, that are customary and incidental to residential living, do not constitute a Regulated Residential Event as defined in § 4.28.02, and comply with all other applicable provisions of this Code. The retention of customary support services for such a gathering, as described in the definition of Ordinary Residential Gathering, does not make the gathering a Regulated Residential Event.

4.28.02. Definitions.

For purposes of this Chapter, the following words and phrases shall have the meanings set forth below, unless the context clearly indicates otherwise.

ADMINISTRATIVE USE PERMIT (AUP). An Administrative Use Permit processed and acted upon pursuant to the procedures set forth in Article 6 (Administration + Procedures) for discretionary approvals that may be granted administratively by the Director subject to conditions.

CONDITIONAL USE PERMIT (CUP). A Conditional Use Permit processed and acted upon pursuant to the procedures set forth in Article 6 (Administration + Procedures) requiring public hearing and decision by the Planning Commission.

DESIGNATED HEARING OFFICER. The enforcement hearing officer appointed pursuant to Chapter 12 of the Indio Municipal Code and subject to the independence and disqualification requirements of Section 12.12.03 of that Chapter.

EVENT OR ASSEMBLY USE. A planned or organized gathering of persons on a residential property for a specific purpose or occasion, which may include, but is not limited to, a wedding, reception, party, fundraiser, ceremony, celebration, or similar social, civic, or commercial activity. “Event or assembly use” includes setup, breakdown, and any associated vendor activities. An Event or Assembly Use that

Page 29 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 800 of 883 does not meet any criterion of the definition of Regulated Residential Event is an Ordinary Residential Gathering or other customary residential activity and is not regulated by this Chapter.

LARGE RESIDENTIAL EVENT. Any Regulated Residential Event that:
(1) Involves a number of attendees present on the property at any one time that exceeds the applicable AUP attendee cap established by § 4.28.04(B) for the net lot area of the property; or
(2) Constitutes Venue Operation, as defined in this Section, as determined by the review authority.

NET LOT AREA. The area of a legal parcel of record, exclusive of any public right-of-way, as shown on the official parcel map, assessor’s parcel records, or other legally recorded document on file with the County or City, determined in accordance with § 4.28.04(C).

ORDINARY DAYTIME GATHERING. A gathering of registered occupants and their invitees at a permitted short-term rental conducted in compliance with Section

37.012(B)(2) of the Indio Municipal Code.

ORDINARY RESIDENTIAL GATHERING. A social, familial, cultural, religious, civic, or neighborhood gathering held on a residential property that is customary and incidental to the residential use of that property, and that satisfies each of the following:
(1) Nature of the Gathering. The gathering is of a type commonly hosted by households in their homes, including but not limited to family life-cycle celebrations; holiday, seasonal, cultural, and religious observances; religious and ceremonial gatherings conducted principally among family and invited guests; ordinary family and social gatherings; and non-commercial civic, charitable, political, educational, neighborhood, or community gatherings. (2) Attendance. The number of persons present on the property at any one time, including hosts, guests, and casual helpers, is fewer than the applicable exempt threshold established by § 4.28.04(B) for the net lot area of the property:
fewer than fifty (50) persons for a Tier 1 property; fewer than one hundred (100) persons for a Tier 2 property; and fewer than [forty (40)] persons for a property with a net lot area of less than one (1) acre. Immediate family members residing in the household, and children under five (5) years of age, shall not be counted toward the applicable threshold.
(3) Non-Commercial Character. The gathering is not conducted as a business or commercial venture. The property is not advertised, marketed, or otherwise held out to the public as an event venue, wedding venue, party house, banquet facility, or similar assembly use, and attendees are not charged admission, rental fees, ticket prices, cover charges, or comparable compensation as a condition of

Page 30 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 801 of 883 attendance. Voluntary contributions for charitable, religious, or family purposes do not, by themselves, render a gathering commercial. The fact that a dwelling is rented as lodging under Chapter 37 of the Indio Municipal Code does not, by itself, render a gathering of its registered occupants and their invitees commercial. (4) Incidental Support Services Permitted. A gathering shall not lose its status as an Ordinary Residential Gathering solely because the host retains customary support services incidental to home entertaining, including a caterer, bartender, photographer, florist, small acoustic musical ensemble or DJ operating within applicable noise limits, religious officiant, piñata or bounce-house rental, or comparable services, provided that the services do not include professional or commercially amplified concert-style entertainment, professional event-production or staging companies, or other vendor activity that independently causes the gathering to constitute a Regulated Residential Event.
(5) Compliance with Generally Applicable Codes. The gathering is conducted in compliance with Chapter 95C of the Indio Municipal Code concerning noise, Chapter 130 concerning social host responsibility and public nuisances, applicable parking and fire-access requirements, and all other generally applicable provisions of the City’s codes.

PROPERTY. A legal parcel of record located in a residential zone, including the dwelling unit(s) and any associated yards, patios, pools, accessory structures, and parking areas. Two or more contiguous legal parcels that are under common ownership or control and that are used, marketed, or operated together as a single estate or site for events shall be treated as one Property for purposes of the tier thresholds, permit requirements, and cumulative limits of this Chapter, and may be covered by a single AUP or CUP, subject to § 4.28.04(D).

REGULATED RESIDENTIAL EVENT. Any Event or Assembly Use occurring on a property in a residential zone that meets one or more of the following:
(1) Involves a number of attendees present on the property at any one time, including hosts, guests, and vendors, but excluding immediate family members residing in the household and children under five (5) years of age, that equals or exceeds the applicable exempt threshold established by § 4.28.04(B) for the net lot area of the property; or
(2) Is advertised, marketed, or otherwise offered to the public as an “event venue,” “wedding venue,” “party house,” banquet facility, or similar assembly use, or constitutes Venue Operation; or
(3) Involves professional or commercially amplified concert-style entertainment, professional event-production or staging services (including the erection of stages, commercial-grade sound reinforcement, or lighting rigs), or amplified sound that is audible beyond the property line during Quiet Hours as defined in Chapter 95C of the Indio Municipal Code, regardless of whether admission or compensation is charged. The retention of a caterer, bartender, photographer, florist, officiant, bounce-house or similar rental, or a small acoustic

Page 31 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 802 of 883 ensemble or DJ operating within applicable noise limits does not, by itself, satisfy this criterion; or
(4) Involves the charging of admission, cover charges, rental fees, or other compensation for attendance or use of the property, beyond incidental cost-sharing for food or supplies.

SMALL RESIDENTIAL EVENT. A Regulated Residential Event that:
(1) Involves no more than the applicable AUP attendee cap established by §

4.28.04(B) for the net lot area of the property at any one time; and (2) Is conducted on a property that is not the subject of Venue Operation; and
(3) Meets all other objective standards and limitations set forth in this Code.

A Regulated Residential Event that does not meet all three criteria of this definition shall be classified as a Large Residential Event.

TRANSITIONAL PERIOD. The period beginning on the Effective Date and ending on the last day of the [third (3rd)] full calendar month following the Effective Date, inclusive, during which certain Regulated Residential Events may be authorized by Temporary Use Permits pursuant to § 4.28.10.

VENUE OPERATION. The ongoing or repeated use of a property as an event venue or assembly use such that the event or assembly use is no longer incidental and subordinate to residential occupancy, as determined by the review authority based on the totality of the circumstances. Factors include, but are not limited to: (a) advertising or marketing the property to the public as an event venue; (b) deriving more than fifty percent (50%) of property-related income from event uses; (c) the property being unoccupied as a residence and used predominantly for event hosting; and (d) the frequency of Event or Assembly Uses at the property, considered together with their size and impacts. Frequency alone shall not establish Venue Operation with respect to gatherings that satisfy the definition of Ordinary Residential Gathering.

4.28.03. Applicability; exemptions.
(A) Applicability.
(1) This Chapter applies to all Regulated Residential Events occurring on or after its effective date on property located in residential zones. (2) On and after the AUP/CUP Compliance Date established by § 4.28.10, no Regulated Residential Event shall occur on any residential property unless authorized by an AUP or CUP pursuant to this Chapter or by a Temporary Use Permit issued pursuant to § 4.28.10(C).

Page 32 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 803 of 883 (B) Exempt gatherings. The following are not subject to this Chapter, provided they comply with all other applicable provisions of the Municipal Code:
(1) Ordinary Residential Gatherings, as defined in § 4.28.02. (2) Activities conducted entirely within the building footprint of the permitted use, or in an outdoor area that is part of the approved site plan for that use, of a place of worship or quasi-public or civic use, such as a community center, library, or nonprofit service facility, that is separately permitted or conditionally permitted in the applicable zone and operating pursuant to a valid discretionary approval. (3) City-sponsored or City-permitted events conducted on public property. (C) Other permits may still be required. Nothing in this Chapter exempts any person or property from any required Entertainment Permit under Chapter 113, to the extent applicable; any Social Host obligations under Chapter 130, Division 11; any Short-Term Rental requirements under Chapter 37; any Temporary Use Permit requirements under Chapter 4.27, during the Transitional Period as provided in §

4.28.10; or any other requirements imposed by this Code or state law. A permit issued under this Chapter is not subject to Discretionary Planning Review under §

6.04.03(F) unless physical improvements requiring a building permit are proposed as part of the application.
(D) Minimum parcel size; ineligible properties.
(1) No AUP or CUP shall be issued under this Chapter, and no application for such a permit shall be accepted, unless the subject property is a residentially zoned parcel with a net lot area of not less than one (1) acre, as established by the official parcel map, assessor's parcel records, or other legally recorded document on file with the County or City.
(2) Properties with a net lot area of less than one (1) acre are not eligible to receive an AUP or CUP under this Chapter. On such properties, an Ordinary Residential Gathering of fewer than [forty (40)] persons that satisfies the other criteria of that definition is a customary residential activity permitted as of right, and any Event or Assembly Use that constitutes a Regulated Residential Event is prohibited. [Optional, for Council consideration: Notwithstanding the foregoing, the Director may issue a Temporary Use Permit pursuant to Chapter 4.27 authorizing a single non-recurring life-cycle event, such as a wedding or memorial of a household member, on a property of less than one (1) acre, not more than once in any rolling twenty-four (24) month period, subject to the operating standards of § 4.28.06.] No variance from this subsection may be granted (see § 6.04.06(B)). (3) The City Council shall consider, as part of the annual implementation report required by the ordinance adopting this Chapter, whether the minimum net lot area established by this subsection should be reduced.

Page 33 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 804 of 883

4.28.04. Permit types and thresholds.
(A) Minimum parcel size prerequisite. The permit types described in this Section are available only to properties that satisfy the minimum parcel size eligibility requirement set forth in § 4.28.03(D). No AUP or CUP shall be issued, and no application shall be deemed complete, unless the subject property is a residentially zoned parcel with a net lot area of not less than one (1) acre. (B) Tiered attendee thresholds. The attendee limits applicable to AUPs and CUPs issued under this Chapter, and the exempt thresholds below which a gathering constitutes an Ordinary Residential Gathering not subject to this Chapter, shall be determined by the net lot area of the subject property as follows. Attendance is the single threshold criterion. The number, timing, and seasonal distribution of events authorized by an AUP shall be established by the Director through conditions of approval, and the number and frequency of events authorized by a CUP shall be established by the Planning Commission through conditions of approval. (1) Tier 1 Properties of one (1) acre to less than two and one-half (2.5) acres:
(a) Exempt threshold. Gatherings of fewer than fifty (50) persons present on the property at any one time constitute Ordinary Residential Gatherings and are not subject to this Chapter, provided all other conditions of § 4.28.02 (ORDINARY RESIDENTIAL GATHERING) are met.
(b) AUP range. A Small Residential Event involving fifty (50) to one hundred (100) attendees present on the property at any one time may be authorized by an AUP, in the number and on the dates or during the seasons established by conditions of approval.
(c) CUP required. A Large Residential Event involving more than one hundred (100) attendees present on the property at any one time requires a CUP.

The maximum attendance, number, and frequency of events authorized under a CUP for a Tier 1 property shall be determined by the Planning Commission through conditions of approval, and are not limited by the AUP range, subject only to the Building Code, the Fire Code, and the findings and conditions of the CUP. (2) Tier 2 Properties of two and one-half (2.5) acres or more:
(a) Exempt threshold. Gatherings of fewer than one hundred (100) persons present on the property at any one time constitute Ordinary Residential Gatherings and are not subject to this Chapter, provided all other conditions of §

4.28.02 (ORDINARY RESIDENTIAL GATHERING) are met.
(b) AUP range. A Small Residential Event involving one hundred (100) to one hundred fifty (150) attendees present on the property at any one time may be authorized by an AUP, in the number and on the dates or during the seasons established by conditions of approval.

Page 34 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 805 of 883 (c) CUP required. A Large Residential Event involving more than one hundred fifty (150) attendees present on the property at any one time requires a CUP. The maximum attendance, number, and frequency of events authorized under a CUP for a Tier 2 property shall be determined by the Planning Commission through conditions of approval, and are not limited by the AUP range, subject only to the Building Code, the Fire Code, and the findings and conditions of the CUP. (C) Determination of net lot area. For purposes of applying the tiers established by subsection (B), the net lot area of the subject property shall be determined at the time of application based on the official parcel map, assessor’s parcel records, or other legally recorded document on file with the County or City, consistent with the definition set forth in § 4.28.02. The applicable tier shall be fixed at the time of permit issuance and shall not change during the term of the permit solely due to changes in assessor’s records, unless the physical boundaries of the parcel are altered by a subsequent lot line adjustment, merger, or subdivision. (D) Cumulative thresholds; commonly controlled parcels. For purposes of determining whether the AUP or CUP thresholds are exceeded, the number of attendees and number of events shall be calculated per Property, including all dwellings and outdoor spaces on that Property, regardless of how many different hosts or organizers conduct events on that Property. Where contiguous parcels under common ownership or control are treated as one Property pursuant to §

4.28.02, the tier shall be determined by the combined net lot area, a single AUP or CUP may be issued for the combined Property, and the permit shall be conditioned to become void as to any parcel that ceases to be under common ownership or control. Every application shall disclose all parcels within five hundred (500) feet of the subject property in which the applicant, the property owner, or any person or entity with an ownership or controlling interest in the subject property holds an ownership or controlling interest.
(E) Other discretionary approvals. Where a proposed event or assembly use would also require another discretionary permit under the Unified Development Code, such permits may be processed concurrently with the AUP or CUP required by this Chapter.

4.28.05. Application requirements and review procedures. (A) Application contents. In addition to any information required by Article 6 for AUPs and CUPs, an application for a permit under this Chapter shall include, at a minimum:
(1) The name, address, and contact information of the property owner; (2) A site plan showing all existing structures, yards, pools, accessory structures, off-street parking spaces, and access points; (3) A description of the proposed events, including:

Page 35 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 806 of 883 (a) The maximum number of attendees expected at any one time; (b) The number of events proposed per calendar year;
(c) Proposed hours of operation, including set-up and breakdown; (d) Any proposed amplified music or entertainment, including location of speakers and stage area;
(e) Anticipated number and type of vehicles, parking plan, and any proposed valet or shuttle services;
(f) Any proposed catering, alcohol service, or similar vendor activities; and
(g) A security and crowd-management plan as required by §

4.28.06(F)(2), identifying on-site management, any private security personnel, alcohol-service controls, and arrival and departure management; (h) A parking and transportation plan sized to the
maximum proposed attendance, demonstrating that all guest and vendor vehicles will be parked on the property or removed by valet or shuttle to an off-site location, and using the City’s parking ratios for assembly uses as the default basis for estimating demand; and
(i) For any property not connected to a public sewer
system, a sanitation plan demonstrating, for the maximum proposed attendance, either (1) that the onsite wastewater treatment system has capacity adequate for the proposed use, as confirmed in writing by the Building Official under the California Plumbing Code, or (2) that temporary sanitation facilities, including portable restrooms and handwashing stations serviced by a licensed hauler, will be provided in a number adequate for the maximum attendance.
(4) A written neighborhood management plan, including a twenty-four (24) hour event contact telephone number that will be answered during every event, procedures for responding to complaints and to contacts from City personnel, and procedures for managing noise and parking and ensuring compliance with conditions of approval.
(5) Any other information deemed reasonably necessary by the Director to evaluate the potential impacts of the proposed event use. (6) Proof of general commercial liability insurance in a minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, naming the City of Indio as an additional insured, in a form approved by the City.

Page 36 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 807 of 883 (7) A signed indemnification and hold harmless agreement, in a form approved by the City Attorney, in which the permittee agrees to defend, indemnify, and hold harmless the City and its officers, employees, and agents from any and all claims arising from or related to the authorized event. (8) Applicants are encouraged to apply for the maximum event program (attendance, number, and hours) they intend to operate, so that minor variations may be accommodated under § 4.28.05(E) without amendment. (9) Notice of applications and decisions. Applications for an AUP under this Chapter shall be noticed as provided in § 6.03.08 for Administrative Permits, except that the mailed notice required by § 6.03.08(A) shall be delivered to the owners and the occupants of all parcels within the required radius, and, for a Tier 2 property, the Director shall provide notice within a radius of not less than [one thousand (1,000)] feet pursuant to the authority of § 6.03.08(A)(2). The Director shall consider all written comments received before the date of action. The Director’s decision on an AUP is subject to call for review and appeal as provided in §§ 6.03.12 and 6.03.13. Applications for a CUP shall be noticed and heard as provided in §§ 6.03.08 and 6.04.04(E)(1).
(B) AUP Findings for approval. An AUP for a Small Residential Event may be approved only if all applicable findings required by Article 6 and all of the following findings can be made:
(1) The property is in lawful residential use, and the proposed event use is clearly incidental and subordinate to the primary residential use of the property and will not convert the property into a de facto commercial event venue; (2) The size, frequency, and duration of the events, including set-up and breakdown, considered together with other permitted event uses in the vicinity, will not create significant adverse impacts on neighboring properties with respect to noise, parking, traffic, privacy, sanitation, or public safety, or such impacts are mitigated to an acceptable level through conditions of approval; (3) Adequate off-street and/or managed parking is provided, or feasible measures are imposed, to minimize spillover parking impacts on adjacent streets and properties;
(4) The event or assembly use will comply with all other applicable laws, including other provisions of this Code and any applicable state or federal requirements;
(5) Conditions of approval can be imposed to ensure that the event or assembly use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

Page 37 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 808 of 883 (6) The proposed event or assembly use is consistent with the General Plan, including the applicable land use designation and the policies of the Noise, Infrastructure and Public Facilities, and Safety Elements, and with any applicable specific plan or area plan policies; and
(7) Adequate sanitation facilities, emergency access, and fire access will be provided for the maximum proposed attendance, as demonstrated by the application.
(C) CUP Findings for approval. A CUP for a Large Residential Event or higherintensity event use may be approved only if all applicable findings required by Article 6 and all of the following findings can be made:
(1) The property is in lawful residential use, and the proposed event or assembly use is compatible with the residential character of the surrounding area and remains incidental and subordinate to the residential use of the property; (2) The size, frequency, and duration of the events, including set-up and breakdown, considered together with other permitted event uses in the vicinity, will not create significant adverse impacts on neighboring properties with respect to noise, parking, traffic, privacy, sanitation, or public safety, or such impacts are mitigated to an acceptable level through conditions of approval; (3) Adequate off-street and/or managed parking is provided, or feasible measures are imposed, to minimize spillover parking impacts on adjacent streets and properties.
(4) The event or assembly use will comply with all other applicable laws, including other provisions of this Code and any applicable state or federal requirements.
(5) Conditions of approval can be imposed to ensure that the event or assembly use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. (6) The proposed event or assembly use is consistent with the General Plan, including the applicable land use designation and the policies of the Noise, Infrastructure and Public Facilities, and Safety Elements, and with any applicable specific plan or area plan policies; and
(7) Adequate sanitation facilities, emergency access, and fire access will be provided for the maximum proposed attendance, as demonstrated by the application.
(D) Conditions of approval.

Page 38 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 809 of 883 (1) The review authority may impose any reasonable conditions on an AUP or CUP approved under this Chapter necessary to mitigate potential impacts and ensure compliance with the findings above, including but not limited to:
(a) Limits on the number of events per year, per month, or per season, and required intervals between events;
(b) Limits on maximum attendance;
(c) Restrictions on hours of operation, including separate limits for amplified music, food service, and outdoor use;
(d) Requirements for noise monitoring, including City-approved timestamped sound-level monitoring devices at the property line, third-party monitoring funded by the permittee, or sound-limiting devices, and soundlevel limits at the property line of any receiving residential property that are more restrictive than, or in addition to, the objective standards of Chapter 95C;
(e) Parking and traffic management measures, including the requirement that all guest and vendor vehicles be parked on the property or removed by valet or shuttle to an off-site location, and not parked in front of any other residence or any community facility;
(f) Requirements for on-site management, security, or event staff pursuant to the security and crowd-management plan approved under §

4.28.06(F)(2);
(g) Prohibitions on certain types of entertainment or equipment (e.g., subwoofers, outdoor stages), and setbacks or buffer distances for stages, speakers, and outdoor activity areas from residential structures on adjoining parcels, which shall be not less than [one hundred (100)] feet for amplified sound sources where the property adjoins a parcel designated for a higher residential density;
(h) Ongoing reporting or neighbor-notification requirements, including, for any event expected to have [seventy-five (75)] or more attendees, written notice to the owners and occupants of all parcels within five hundred (500) feet of the property not less than [seven (7)] days before the event stating the date, the hours, the on-site event contact telephone number, and the Indio Police Department non-emergency telephone number; and (i) For events conducted entirely within an enclosed
structure that satisfies the occupancy requirements of the Building Code and the Fire Code, noise, hour, and security conditions that differ from those applicable to outdoor events, provided that no amplified sound is audible beyond the property line during Quiet Hours.

Page 39 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 810 of 883 (2) Conditions of approval may be modified or added through subsequent amendment to the AUP or CUP at the request of the permittee, subject to the applicable procedures in Article 6, or by the Director pursuant to § 4.28.08. (E) Minor modifications. Notwithstanding § 6.03.16, the Director may approve in writing, without amendment of the permit, a minor deviation from an approved AUP or CUP that (1) does not increase the maximum attendance by more than [ten percent (10%)] and does not exceed the AUP attendee cap for the property’s tier where the permit is an AUP, (2) does not extend the hours of operation or the Quiet Hours, (3) involves only a change in the layout of event areas, the substitution of vendors, or a comparable operational detail, and (4) is consistent with the findings and conditions of the permit. Any other change requires an amendment of the permit under Article 6.

4.28.06. Operational standards and performance requirements. (A) Compliance with approvals. All Regulated Residential Events shall comply with the terms and conditions of the applicable AUP or CUP and all other applicable provisions of this Code.
(B) Hours of operation. Unless more restrictive hours are imposed by the AUP or CUP, Regulated Residential Events shall comply with the following:
(1) Regulated Residential Events, including guest arrival and departure, food and beverage service, entertainment, and use of outdoor amenities, shall be limited to the hours of 8:00 a.m. to 11:00 p.m. Sunday through Thursday and 8:00 a.m. to 12:00 midnight Friday and Saturday. These hours are an objective citywide standard; they may be made more restrictive, but not less restrictive, by conditions of approval.
(2) Nothing in this subsection authorizes any noise, amplified sound, or outdoor activity that is otherwise prohibited by subsection (C) of this Section or Chapter 95C of the Code. Breakdown and vendor load-out after the end of an event shall be conducted without amplified sound, with vehicles staged on the property, and in a manner that minimizes noise and disruption to neighboring properties. (C) Noise and amplified sound.
(1) No amplified music or other amplified sound equipment, and no outdoor event activities (including use of outdoor amenities such as patios, decks, balconies, pools, spas, fire pits, outdoor kitchens, and yard areas), shall be conducted in a manner that is plainly audible beyond the property line during Quiet Hours, as defined in Chapter 95C of the Code [10:00 p.m. to 8:00 a.m. Sunday through Thursday and 11:00 p.m. to 8:00 a.m. Friday and Saturday for residential amplified sound and outdoor activity], except as expressly authorized by conditions of approval adopted pursuant to Section 95C.03A(E) of the Code.

Page 40 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 811 of 883 (2) Set-up and breakdown activities shall be conducted in a manner that minimizes noise and disruption to neighboring properties, particularly during the quiet hours identified in subsection (C)(1).
(3) Events shall comply with all applicable provisions of Chapter 95C (Noise Control), including the objective exterior noise standards of Section 95C.03A measured at the property line of any receiving residential property, and any more restrictive sound-level or audibility limits imposed by an AUP or CUP. The exemption in Section 95C.09(C) does not apply to a Regulated Residential Event except to the extent the AUP or CUP expressly establishes different hours or sound limits pursuant to Section 95C.03A(E).
(4) Where amplified sound is permitted under an AUP or CUP, the review authority may require the use of sound-limiting devices, placement of speakers away from neighboring properties, setbacks for sound sources, City-approved sound-level monitoring devices with time-stamped data available to the City on request, or other measures to minimize noise impacts.
(D) Parking and traffic.
(1) All guest and vendor vehicles shall be parked on the property or removed by valet or shuttle to an off-site location approved in the parking and transportation plan, and shall not be parked in front of any other residence or any community facility.
(2) The review authority shall require a parking and transportation plan sized to the maximum permitted attendance, using the City’s parking ratios for assembly uses as the default basis for estimating demand, and may require valet, shuttle, or offsite parking arrangements, limits on shuttle vehicle size, and traffic control to minimize congestion on residential streets, including private streets within gated communities that provide the sole access to the property. (3) No event shall obstruct access to driveways, fire hydrants, or public rights-of-way.
(E) Social host and alcohol.
(1) All events shall comply with Chapter 130, Division 11 (Social Host Responsibility and Loud or Unruly Events) and all applicable state and local laws regarding the service and consumption of alcohol and controlled substances. (2) Nothing in this Chapter authorizes the sale or service of alcohol in violation of state law or the California Department of Alcoholic Beverage Control regulations.
(F) Public health and safety.

Page 41 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 812 of 883 (1) All events shall maintain adequate emergency access, fire access, fire safety, and sanitation conditions, including the provision of restrooms, handwashing facilities, recycling and organic waste diversion, and waste disposal as required by this Code, the sanitation plan approved under § 4.28.05(A)(3)(i), and any conditions of approval.
(2) Security and crowd-management plan. Every application shall include a security and crowd-management plan, which shall be reviewed and approved by the Chief of Police or designee before the permit is issued. Based on the anticipated attendance, whether alcohol will be served, the hours and end time of the event, the physical layout and access points of the property, the history of prior events at the property, the time of year (including festival-season dates), and the proximity of other residential uses, the Chief of Police may require, as a condition of the plan, one or more of the following: an on-site manager responsible for the event and reachable at the event contact number for its duration; licensed private security personnel in a specified number, which may be stated as a ratio to attendance; state-licensed security guards; and specified duties for such personnel during peak arrival and departure periods. Where the Chief of Police determines in writing that the size and character of a proposed event do not warrant security personnel, an on-site manager shall be sufficient.
(3) City public-safety personnel. Where the Chief of Police determines, based on the factors set forth in subsection (F)(2) and stated in writing, that the presence of City public-safety personnel is warranted for an event or class of events, the permittee shall facilitate the presence of on-site public safety personnel designated by the Chief of Police or designee, which may include a sworn police officer, code enforcement officer, or community service officer, in the type, number, and hours determined by the Chief of Police. All costs associated with providing such public safety personnel shall be borne by the permittee at the rates established by City Council resolution, consistent with General Plan Safety Element Policy SE-1.9. This requirement is in addition to, and not in lieu of, any private security or on-site management required by the security and crowd-management plan. (G) Event contact. The permittee shall maintain a telephone number, stated in the neighborhood management plan and on all pre-event notices, that is answered by the permittee or the on-site manager throughout every Regulated Residential Event. The permittee or on-site manager shall respond to a telephone call or text message from City personnel within fifteen (15) minutes and, if requested by City personnel, in person at the property within forty-five (45) minutes.

4.28.07. Coordination with other Titles.

Compliance with this Chapter does not authorize or excuse any violation of any other provision of this Code, including but not limited to Chapter 12, Chapter 95C, Chapter 130, Chapter 113 or Chapter 37, except that a Regulated Residential Event conducted under and in compliance with a valid AUP or CUP constitutes express

Page 42 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 813 of 883 authorization under this Code for purposes of Chapter 37 as provided in §

4.28.01(C).

4.28.08. Enforcement; annual compliance review; suspension, modification, and revocation; appeals.
(A) It is unlawful for any person to conduct, permit, allow, cause, advertise, organize, or facilitate a Regulated Residential Event in violation of: (1) Any provision of this Chapter; (2) Any term or condition of an Administrative Use Permit, Conditional Use Permit, Temporary Use Permit, or other approval issued for the property; (3) Any approved site plan, parking and transportation plan, neighborhood management plan, security and crowd-management plan, sanitation plan, or other document incorporated into an approval; or (4) Any other applicable provision of the Indio Municipal Code or state law. Each violation of this Chapter is a discrete violation complete upon its occurrence and is enforceable as provided in § 4.28.08(O).
(B) Each condition of approval imposed on a permit issued under this Chapter constitutes a separate and independently enforceable obligation. Violation of each condition constitutes a separate violation, regardless of whether multiple violations arise from the same event or course of conduct.
(C) Each event conducted without a required permit or in violation of a permit constitutes a separate violation. Each day, or portion of a day, during which a violation continues constitutes a separate violation.
(D) The property owner, permittee, event organizer, operator, and any person who knowingly causes, allows, or facilitates a violation may each be held responsible for the violation.
(E) Annual compliance review. The Director shall conduct an annual compliance review of each active Administrative Use Permit and Conditional Use Permit issued under this Chapter. The annual compliance review shall be completed at least once during each twelve-month period following the effective date of the permit. The Director may establish a uniform annual review schedule for administrative convenience, provided that an active permit is reviewed no less frequently than once every twelve months. The annual compliance review is not a permit renewal and does not create, extend, confirm, or confer any vested right. Failure of the City to complete an annual review within the prescribed period does not invalidate the permit, prohibit a later review, or limit the City’s enforcement authority. (F) Grounds for corrective action, modification, suspension, or revocation. The Director may require corrective action or may modify, suspend, or revoke a permit issued under this Chapter upon finding that one or more of the following circumstances exist:
(1) The permit was obtained or maintained through fraud, a materially false statement, a material omission, or materially inaccurate information;

Page 43 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 814 of 883 (2) The permittee, property owner, operator, or event organizer has violated this Chapter or a condition of approval;
(3) Two or more material substantiated violations have occurred at the property within a rolling twelve-month period, or the property has entered Enhanced Enforcement Status under Section 95C.10 of the Indio Municipal Code; (4) Three or more substantiated violations of any kind associated with events at the property have occurred within a rolling twelve-month period; (5) A single serious incident occurred that caused or presented a substantial risk of death, bodily injury, violence, fire, overcrowding, blocked emergency access, significant property damage, or another substantial threat to public health or safety;
(6) Events have exceeded the authorized attendance, frequency, operating hours, or other limitations of the permit;
(7) The permittee failed to provide required private security, City publicsafety personnel, parking controls, sanitation facilities, insurance, emergency access, or other required protective measures;
(8) The permittee or property owner failed to timely comply with a notice of violation, corrective directive, administrative order, or other lawful City requirement;
(9) The permittee, property owner, operator, local contact, or event organizer failed to respond appropriately to an active violation, substantiated complaint, emergency, or request from City personnel;
(10) The event use has generated a recurring pattern of noise, traffic, parking, crowd-control, public-safety, privacy, or neighborhood impacts; (11) The permittee failed to provide records or information required by this Chapter or reasonably requested as part of an annual compliance review; (12) The use has been materially expanded or changed without City approval;
(13) The property is being advertised, marketed, or operated as a commercial event venue beyond the scope authorized by the permit; (14) The property or event operation no longer complies with applicable building, fire, zoning, health, safety, or other legal requirements; (15) The permittee failed to maintain required insurance or indemnification obligations;

Page 44 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 815 of 883 (16) The permit has been abandoned, the authorized use has ceased for twelve consecutive months, or the permittee has ceased to possess the legal authority necessary to conduct the approved use; or
(17) Changed circumstances prevent one or more findings required for approval of the permit from continuing to be made.
(G) Factors considered. In determining whether to require corrective action or to modify, suspend, or revoke a permit, the Director and, on appeal, the Designated Hearing Officer shall consider the totality of the circumstances, including:
(1) The nature, severity, duration, frequency, and proximity in time of the violations;
(2) The actual or potential harm caused by the violations; (3) Whether the conduct was intentional, negligent, or beyond the reasonable control of the permittee;
(4) The permittee’s history of compliance, including whether the permittee has operated without substantiated violations for a sustained period; (5) The permittee’s responsiveness to complaints and City enforcement contacts;
(6) Whether the permittee promptly corrected the violation and took reasonable measures to prevent recurrence;
(7) Whether prior warnings, added conditions, corrective measures, citations, or temporary suspensions have been effective;
(8) The number and nature of police, fire, code enforcement, or other publicsafety responses associated with the property; (9) The impact of the event use on surrounding residential properties; and (10) Whether modification or suspension would adequately protect the public and achieve compliance without revocation.
(H) Director’s administrative action. Based upon an annual compliance review or information received at any other time, the Director may: (1) Issue a warning or notice of violation; (2) Require corrective action within a specified period; (3) Impose or modify reasonable conditions of approval; (4) Reduce authorized attendance, event frequency, operating hours, or the areas of the property that may be used for events; (5) Require additional parking, transportation, noisecontrol, security, staffing, sanitation, monitoring, reporting, or neighborhoodprotection measures; (6) Suspend the permit for a specified period; or (7) Revoke

Page 45 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 816 of 883 the permit. Except as provided in subsection (I), before modifying, suspending, or revoking a permit, the Director shall provide the property owner and permittee with written notice stating the proposed action, the factual and legal grounds for the proposed action, the date by which the property owner or permittee may submit a written response and supporting evidence, which shall be no fewer than ten calendar days after service of the notice; and the right to appeal any final decision pursuant to subsection (I). A modification, suspension, or revocation imposed under this subsection becomes effective upon expiration of the appeal period unless a timely appeal is filed. A timely appeal stays the Director’s decision until the hearing officer issues a final decision, except as otherwise provided for an immediate action under subsection (I).
(I) Immediate suspension or cessation order. Notwithstanding the above, the Director of Community Development, Chief of Police, Fire Chief, Building Official, Code Enforcement Manager, or their respective designees may immediately suspend a permit or order an event or event operation to cease when there is reasonable cause to believe that continued operation: (1) Presents an immediate or substantial threat to public health or safety; (2) Involves violence, fire, dangerous overcrowding, blocked emergency access, significant structural or electrical hazards, or another dangerous condition; (3) Materially exceeds authorized attendance, meaning attendance exceeding the permitted maximum by more than [ten percent (10%)] or twenty-five (25) persons, whichever is less, or creates a crowd-control condition that cannot reasonably be corrected while the event continues; (4) Constitutes a loud or unruly event or public nuisance that has not been abated within the compliance period afforded under Section 95C.10 of the Code; (5) Is being conducted without the on-site management, security, or publicsafety personnel required by the approved security and crowd-management plan; (6) Is occurring without a required permit or after a permit has expired, been suspended, or been revoked; or (7) Is otherwise likely to result in substantial and immediate harm if allowed to continue. An immediate order is effective when given and is not stayed by an appeal. A person subject to an immediate suspension or cessation order may request an expedited appeal pursuant to subsection (K). (J) Appeal to Designated Hearing Officer. The property owner or permittee may appeal a final decision of the Director to modify, suspend, or revoke a permit by filing a written appeal with the City Clerk within [ten (10)] calendar days after service of the decision, consistent with Section 12.11.01 of the Indio Municipal Code. The appeal shall identify the decision being appealed, state each ground for the appeal, identify the relief requested, include any supporting documents the appellant wishes the hearing officer to consider, and be accompanied by any appeal fee established by City Council resolution. Failure to timely file a complete appeal and pay the applicable appeal fee waives the right to an administrative appeal, and the decision becomes final. The appeal shall be heard by the Designated Hearing Officer, who shall be neutral, shall not have participated in the investigation, prosecution, or initial decision being appealed, and shall be subject to the independence, compensation, and disqualification requirements of Section 12.12.03 of the Indio Municipal Code. The appeal hearing shall be conducted de novo. The hearing officer may consider all relevant evidence presented by City staff, the

Page 46 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 817 of 883 appellant, and other interested persons, regardless of whether the evidence was presented to the Director. Formal rules of evidence do not apply. The hearing officer may consider evidence of the type upon which reasonable persons commonly rely in the conduct of serious affairs. The hearing officer may exclude evidence that is irrelevant, cumulative, or unduly repetitious. The City bears the burden of establishing the grounds for modification, suspension, or revocation by a preponderance of the evidence. The hearing officer may affirm the Director’s decision, reverse the Director’s decision, modify the action imposed, impose, remove, or revise conditions of approval, reduce or extend a suspension, substitute corrective measures for suspension or revocation, remand the matter to the Director for further proceedings consistent with the hearing officer’s direction, or grant any other relief authorized by this Chapter and supported by the record. The hearing officer shall issue a written decision containing findings and the reasons for the decision. The hearing officer’s decision shall be served on the appellant and shall constitute the City’s final administrative decision, effective upon service. The decision of the hearing officer is not appealable to the Planning Commission or City Council. Judicial review may be sought by petition for writ of administrative mandamus within the time provided by Code of Civil Procedure Section 1094.6, as provided in Section 12.12.08 of the Indio Municipal Code. [Alternative for City Council consideration — Option A: Within ten (10) calendar days after service of the hearing officer’s decision, the appellant or the Director may appeal the decision to the City Council, which shall review the decision on the record made before the hearing officer and may affirm, reverse, or modify it; the Council’s decision is the City’s final administrative decision. Option B: Appeals under this subsection shall be heard by a panel of three (3) Designated Hearing Officers, whose decision by majority vote is the City’s final administrative decision.] (K) Expedited appeal of immediate action. A person subject to an immediate suspension or cessation order may file a request for expedited appeal with the City Clerk within five (5) calendar days after service of the written order. The filing of an expedited appeal does not stay the immediate suspension or cessation order. The City shall schedule the expedited hearing before the Designated Hearing Officer within ten (10) calendar days after the request is filed, unless the appellant requests or agrees to a later date or extraordinary circumstances make a hearing within that period impracticable. The hearing officer shall issue a written decision within five (5) calendar days after the matter is submitted. In an expedited appeal, the City bears the burden of demonstrating by a preponderance of the evidence that grounds existed for the immediate action and that continuation of the action is reasonably necessary to protect public health, safety, or welfare or to abate an ongoing unlawful condition.
(L) Effect of suspension or revocation. During a suspension, no Regulated Residential Event may be advertised, booked, conducted, permitted, allowed, or facilitated at the property under the suspended permit. Upon revocation all event operations authorized by the permit shall cease, all advertising and marketing relying upon the permit shall be removed, no person may represent that the property is authorized to operate as an event venue under this Chapter and no new application for an AUP or CUP under this Chapter may be submitted for the property

Page 47 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 818 of 883 for twelve months after the effective date of revocation, unless the hearing officer’s decision establishes a longer period not exceeding twenty-four months based on the severity or recurrence of the violations. Suspension or revocation does not relieve any person from liability for violations occurring before or during the suspension or revocation proceedings. A permit that has been suspended or revoked may not be transferred, assigned, or used by another person or entity. (M) A violation of this Chapter may be enforced through any remedy authorized by the Indio Municipal Code or applicable law. The remedies established by this Chapter are cumulative. The exercise of one remedy does not preclude the City from pursuing any other available remedy.
(N) Controlling procedure. Notwithstanding any contrary provision of Article 6 (Administration + Procedures), including Sections 6.02.01(D)–(E), 6.02.02(D)–(G),

6.02.03, 6.02.04 and Table 6.02.04-1 (as to modification, suspension, and revocation of permits), 6.03.08, 6.03.10, 6.03.12, 6.03.13, 6.03.14, 6.03.16, and

6.03.17, the procedures in this Section exclusively govern the annual compliance review, corrective action, modification, suspension, and revocation of permits issued under this Chapter, and the administrative appeal of any such action, which shall be heard and finally decided by the Designated Hearing Officer and shall not be subject to call for review by, or appeal to, the Planning Commission or City Council. Applications for the initial approval, denial, permittee-requested amendment, or extension of an AUP or CUP under this Chapter shall be processed, noticed, decided, called for review, and appealed in accordance with Article 6, including § 6.03.13, under which the applicant, the property owner, or any other person aggrieved may appeal a decision of the Director to the Planning Commission and a decision of the Planning Commission to the City Council. Where this Section is silent, applicable provisions of Article 6 may be used to supplement these procedures, provided they are not inconsistent with this Section. A permit issued under this Chapter is exercised, for purposes of § 6.03.15, upon the conduct of the first Regulated Residential Event authorized by it.
(O) Relationship to Chapter 12. Except as expressly provided in this Chapter, violations of this Chapter shall be enforced in accordance with Chapter 12 (Enforcement of Code) of the Indio Municipal Code, and in the event of a conflict this Chapter shall control. This Chapter may be enforced by any enforcement official, as defined in Section 12.01.01 of the Indio Municipal Code, and by any officer or employee designated in Section 12.02.03; nothing in this Chapter confers any power of arrest beyond that provided in Section 12.02.06. Each Regulated Residential Event conducted without a required permit, in excess of the attendance, hours, or other limits of a permit, or in violation of a condition of approval is a discrete violation complete upon its occurrence, is not a continuing violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues within the meaning of Section 12.08.02(A)(1) of the Indio Municipal Code or Government Code Section 53069.4(a)(2), and may be cited without a prior compliance order or grace period; provided that a noise violation occurring during a Regulated Residential Event shall be subject to the compliance period and Enhanced Enforcement Status provisions of Section 95C.10 of the Indio Municipal Code.

Page 48 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 819 of 883 Administrative citation fines for violations of this Chapter shall be in the amounts established by Section 95C.10(D)(1)(b) of the Indio Municipal Code for events regulated by this Chapter, or as otherwise established by City Council resolution.

Suspension and revocation of a permit under this Chapter is an appealable action for purposes of Section 12.11.01(A) of the Indio Municipal Code, as provided in subsections (J) and (K); the stay provided in Section 12.11.01(D) applies to a modification, suspension, or revocation under subsection (H) and does not apply to an immediate order under subsection (I).

4.28.09. Recordkeeping and reporting.
(A) Recordkeeping. The property owner or operator shall maintain records for at least three (3) years documenting each Regulated Residential Event conducted pursuant to an AUP or CUP, including:
(1) Date and hours of the event;
(2) Approximate number of attendees;
(3) Description of the event (e.g., wedding, reception, fundraiser); and (4) Any complaints received and actions taken in response. (B) Inspection and audit. Such records shall be made available to the City upon reasonable notice for the limited purpose of verifying compliance with this Chapter and any applicable conditions of approval.

4.28.10. Effective date; transitional provisions.
(A) Effective Date; Transitional Period; AUP/CUP Compliance Date. (1) This Chapter shall take effect on the effective date of the ordinance adopting it (the “Effective Date”).
(2) The “Transitional Period” is the period beginning on the Effective Date and ending on the last day of the [third (3rd)] full calendar month following the Effective Date, inclusive.
(3) The “AUP/CUP Compliance Date” is the first day following the end of the Transitional Period. On and after the AUP/CUP Compliance Date, no Regulated Residential Event shall be conducted except (a) under an AUP or CUP issued under this Chapter, or (b) under a Temporary Use Permit issued under subsection (C) for a property with an Active Application.
(4) The Director shall publish the Effective Date, the last day of the Transitional Period, and the AUP/CUP Compliance Date on the City’s website upon adoption of the ordinance adopting this Chapter.

Page 49 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 820 of 883 (B) Regulated Residential Events during the Transitional Period. (1) A Regulated Residential Event occurring during the Transitional Period may be authorized by a Temporary Use Permit (“TUP”) issued pursuant to Chapter

4.27 and § 6.04.05 and reviewed under the standards of § 4.28.06 as provided in §

4.27.04(B)(9), in lieu of an AUP or CUP under this Chapter. No AUP or CUP is required for a Regulated Residential Event occurring during the Transitional Period. (2) In reviewing any TUP application under this Section, the Director shall apply the operating standards of § 4.28.06, may apply the findings of this Chapter to the extent feasible, and may impose conditions consistent with this Chapter. (3) No TUP issued under this subsection (B) shall authorize a Regulated Residential Event occurring on or after the AUP/CUP Compliance Date. (4) An application for an AUP or CUP under this Chapter may be filed at any time on or after the Effective Date.
(C) Regulated Residential Events on or after the AUP/CUP Compliance Date; Active Applications.
(1) Active Application. As used in this Section, an “Active Application” is an application for an AUP or CUP under this Chapter for the property on which the Regulated Residential Event is to be conducted that satisfies all of the following: (a) the application was filed with the City on or before the AUP/CUP Compliance Date; (b) the application has been determined by the Director to be complete; (c) all application fees and deposits required by the City’s adopted fee schedule for the application were paid in full on or before the AUP/CUP Compliance Date; and (d) the application has not been withdrawn, deemed abandoned, or Finally Determined.

An application filed, or for which the required fees and deposits were paid, after the AUP/CUP Compliance Date is not an Active Application, and no Regulated Residential Event may be conducted on the property on or after the AUP/CUP Compliance Date until an AUP or CUP on that application has been approved and has taken effect. If the Director determines under Government Code § 65943 that an application filed on or before the AUP/CUP Compliance Date is incomplete, the applicant shall submit the information identified in the Director’s written determination within thirty (30) calendar days after the date of that determination; an application for which the identified information is not submitted within that period is deemed abandoned and shall not be, or become, an Active Application. (2) Final Determination. An Active Application is “Finally Determined,” and the “Final Determination” occurs, on the date on which both of the following have occurred: (a) the application has been approved, conditionally approved, or denied by the City’s final decision-maker, including the decision on any appeal or call for review under this Chapter and Article 6, or the time to file an appeal or call for review has expired with none filed; and (b) either (i) the time for seeking judicial review of the City’s decision under any applicable statute, including Code of Civil Procedure § 1094.6, Government Code § 65009, and Public Resources Code §

Page 50 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 821 of 883 21167, has expired with no action or proceeding having been filed, or (ii) if an action or proceeding challenging the City’s decision or its compliance with the California Environmental Quality Act has been filed, a final judgment, order, or decision has been entered and all appeals, petitions for review, and remand proceedings have been exhausted or the time for them has expired. (3) TUPs for properties with an Active Application. On and after the AUP/CUP Compliance Date and until the Final Determination of the Active Application, the owner of a property with an Active Application may apply for, and the Director may issue, a TUP under the standards of subsection (B)(2) authorizing specific Regulated Residential Events at that property on dates on or after the AUP/CUP Compliance Date. Each such TUP shall identify the Active Application and the specific event date or dates it authorizes. A timely appeal, call for review, or action or proceeding challenging the approval of an AUP or CUP does not invalidate a TUP lawfully issued under this subsection.
(4) Properties without an Active Application. On and after the AUP/CUP Compliance Date, the City shall not accept a TUP application for, and shall not issue a TUP authorizing, a Regulated Residential Event at any property that does not have an Active Application.
(5) Effect of Final Determination, withdrawal, or abandonment. Upon the Final Determination of an Active Application, or upon its withdrawal or abandonment, no further TUP shall be applied for or issued under subsection (C)(3) for the property. If the AUP or CUP is approved, Regulated Residential Events at the property shall thereafter be conducted under the AUP or CUP in accordance with its terms. A TUP lawfully issued under subsection (C)(3) before the Final Determination, withdrawal, or abandonment shall not authorize any Regulated Residential Event occurring more than sixty (60) days after the date of the Final Determination, withdrawal, or abandonment.
(D) No vested rights; no nonconforming use. Nothing in this Section shall be construed to create any vested right to conduct events in excess of the limitations or standards established by this Chapter after the AUP/CUP Compliance Date, and the filing of an Active Application confers no right to its approval. No event or assembly activity conducted on residential property before the Effective Date, whether or not under a Temporary Use Permit, constitutes a lawfully established use, a legal nonconforming use, or a use “lawfully existing without a permit” within the meaning of § 6.07.04, and Chapter 6.07 shall not apply to such activity. The exclusive means of conducting a Regulated Residential Event after the Effective Date is a TUP issued under subsection (B) or (C) or an AUP or CUP issued under this Chapter. Existing lawfully issued Temporary Use Permits and short-term rental permits continue according to their terms until they expire, but no Temporary Use Permit issued before the Effective Date shall authorize a Regulated Residential Event occurring on or after the AUP/CUP Compliance Date.

EXHIBIT B

Page 51 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 822 of 883 AMENDMENT TO TABLE 2.02.02-1 (ALLOWED USES – RESIDENTIAL ZONES)

1. Table 2.02.02-1 of the Indio Unified Development Code is amended by inserting the following row under the heading “Residential Uses,” in alphabetical order following “Manufactured/Mobile Home Park” (legend: P = Permitted; AUP = Administrative Use Permit; CUP = Conditional Use Permit; TUP = Temporary Use Permit; A = Accessory Use; X = Not Permitted):

Use¹ DE-1 DET-3 SN-4 SN-8 MH Additional/Specific
Use Regulations
Regulated
Residential
Event
(Accessory)
A⁴,
AUP⁴,
CUP⁴
A⁴,
AUP⁴,
CUP⁴
A⁴,
AUP⁴,
CUP⁴
A⁴,
AUP⁴,
CUP⁴
X See Chapter 4.28
(Regulation of
Events Uses in
Residential Zones)
[Alternative for City Council consideration: enter “X” for SN-4 and SN-8, confining the use to the DE-1 and DET-3 zones.]

2. Table 2.02.02-1 is further amended by revising the entries for “Live Entertainment as Accessory Use, Indoors (Accessory)” and “Live Entertainment as Accessory Use, Outdoors (Accessory)” under the heading “Eating and Drinking Establishments and Entertainment Uses” from “X” to “X⁵” in each of the DE-1, DET3, SN-4, and SN-8 columns.

3. The Table Notes to Table 2.02.02-1 are amended by adding the following notes:
“4. Permitted only as an accessory use on a lot with a net lot area of one (1) acre (43,560 square feet) or more that contains a lawfully established single-family dwelling, including a legal nonconforming single-family dwelling, occupied or maintained as the primary use of the lot, and only upon issuance of an Administrative Use Permit or Conditional Use Permit as specified in Chapter 4.28 (Regulation of Events Uses in Residential Zones) based on the size and intensity of the events. A Regulated Residential Event conducted in compliance with a permit issued under Chapter 4.28 shall be deemed an accessory use customarily associated with and subordinate to the residential use of the lot. Ordinary Residential Gatherings, as defined in Chapter 4.28, are part of the principal residential use and are not subject to this row. During the Transitional Period specified in Chapter 4.28, a Regulated Residential Event may be authorized by a Temporary Use Permit (TUP) as provided in that Chapter. This row does not authorize any lodging, commercial assembly, or event-venue use independent of the residential use of the lot and does not modify Chapter 37, Chapter 95C, or Chapter 113 of the Indio Municipal Code.”
“5. Not permitted, except that live or recorded music, dancing, and other entertainment conducted as part of a Regulated Residential Event authorized by a permit issued under Chapter 4.28 (Regulation of Events Uses in Residential Zones), or as part of an Ordinary Residential Gathering as defined in that Chapter, in compliance with the conditions of any such permit and with Chapter 95C (Noise

Page 52 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 823 of 883 Control) of the Indio Municipal Code, is permitted as part of the residential use of the lot.”

Page 53 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 824 of 883 ORDINANCE NO. 1852

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF INDIO, CALIFORNIA, AMENDING AND
RESTATING CHAPTER 37 OF THE INDIO MUNICIPAL
CODE REGARDING THE REGULATION OF SHORTTERM RENTALS
WHEREAS, the City of Indio (“City”) periodically reviews its Municipal Code to ensure administrative efficiency and clarity for its residents; and WHEREAS, effective January 1, 2026, the California Legislature enacted the Short-Term Rental Facilitator Act of 2025, Government Code sections 50990 through 50996, which authorizes a local agency to make the Act applicable within its jurisdiction and to require specified reporting by short-term rental facilitators; and
WHEREAS, pursuant to Government Code section 50990, subdivision (b), the City hereby makes the provisions of the Short-Term Rental Facilitator Act of 2025, Government Code sections 50990 through 50996, applicable within the City’s jurisdictional boundaries.

WHEREAS, the City Council desires to amend and restate Chapter 37 in its entirety to confirm that short-term rentals are a transient lodging use and not event venues or “party houses,” to clarify overnight and daytime occupancy limits while preserving the ability of registered occupants to host ordinary daytime family and social gatherings, to coordinate this chapter with Chapter 4.28 of the Unified Development Code and Chapter 95C of this Code, to strengthen enforcement mechanisms, to implement the Short-Term Rental Facilitator Act of 2025, and to explicitly address the City’s role regarding private land use restrictions; and WHEREAS, the Planning Commission reviewed the proposed amendments to this chapter at its duly noticed public hearing of July 22 and August 12, 2026, and provided advisory comments that are reflected in this Ordinance; and WHEREAS, under existing Section 37.012(B)(2) of this chapter, a shortterm rental on a lot of 14,500 square feet or more may host “a gathering of up to and including 40 persons” with no special event permit, and larger gatherings and events may be authorized by special event permit, and the City Council finds that this Ordinance, which limits daytime occupancy, requires that ordinary daytime gatherings be registered, non-commercial, and conducted within noise and parking limits, and routes all larger events to Chapter 4.28 of the Unified Development Code, is more protective of surrounding residential neighborhoods than existing law; and
WHEREAS, the City Council has determined that this Ordinance is necessary to protect the public health, safety, and general welfare of the community; and

Page 54 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 825 of 883 WHEREAS, the City Council held a duly noticed public hearing on October 7, 2026 to consider the introduction of this Ordinance and has considered all evidence and testimony presented.

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

SECTION 1. FINDINGS. The City Council hereby finds that the above recitals are true and correct and are incorporated herein by this reference as the Council’s findings. The Council further determines that short-term rentals (STRs) provide a valuable source of transient lodging but must be balanced against the needs of long-term residents and the public health and safety of the community.

SECTION 2. AMENDMENT AND RESTATEMENT. Chapter 37 of the Indio Municipal Code is hereby amended and restated in its entirety as set forth in Exhibit “A”, attached hereto and incorporated herein by reference.

SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council finds and determines, on each of the following independent and alternative grounds, that the adoption of this Ordinance is not subject to, or is exempt from, the California Environmental Quality Act (Public Resources Code § 21000 et seq.) and the State CEQA Guidelines: (A) the Ordinance establishes regulatory standards, permit procedures, and enforcement protocols for an existing lodging use, approves no development, construction, or use at any specific location, and has no potential to cause a direct or reasonably foreseeable indirect physical change in the environment, and therefore is not a “project” under Public Resources Code § 21065 and Guidelines § 15378, and CEQA does not apply pursuant to Guidelines § 15060(c)(2) and (c)(3); (B) independently, the Ordinance is exempt under Guidelines § 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of the Ordinance may have a significant effect on the environment, in that, measured against existing conditions under which a shortterm rental may host a 40-person gathering without a permit and larger events by special event permit, the Ordinance can only maintain or reduce the intensity of activity at short-term rentals; and (C) independently, the Ordinance is categorically exempt under Guidelines §§ 15307 and 15308 as an action by a regulatory agency to protect the environment, which relaxes no existing standard and involves no construction. None of the exceptions in Guidelines § 15300.2 applies. The Community Development Director is directed to file a Notice of Exemption with the County Clerk within five working days after adoption of this Ordinance.

SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any 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 passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

Page 55 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 826 of 883 SECTION 5. RELATIONSHIP TO OTHER PROVISIONS. This Ordinance regulates the use of residential dwelling units as short-term rentals. To the extent that any provision of the Indio Municipal Code or the Unified Development Code addressing that subject matter is in conflict with the provisions of this Ordinance, the provisions of this Ordinance shall control. Nothing in this Ordinance amends the land use regulations or development standards of any zoning district.

In the event of any conflict between this Ordinance and the General Plan, the General Plan shall control.

SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after its final passage and adoption.

SECTION 7. PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.

PASSED, APPROVED, AND ADOPTED on this 21st day of October, 2026. _________________________________

ELAINE HOLMES, MAYOR
ATTEST:

CITY CLERK
____________________________________

SABDI SANCHEZ, MMC

DIRECTOR OF CITY CLERK SERVICES

Page 56 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 827 of 883

EXHIBIT A
Chapter 37 REGULATION OF SHORT-TERM RENTALS
§ 37.001 Purpose.
§ 37.002 Definitions.
§ 37.003 Authorized agent or representative.
§ 37.004 Permit requirement.
§ 37.005 Short-term rental permit application.
§ 37.006 Inspection.
§ 37.007 Application investigation.
§ 37.008 Approval or denial of permit.
§ 37.009 Permit personal to operator; nontransferability; no property rights. § 37.010 Permit expiration and renewal.
§ 37.011 Change in mailing address and property ownership; cease use as a short term rental.
§ 37.012 Operational requirements and standards.
§ 37.013 Short-term rental registry.
§ 37.014 Hosting platform requirements.
§ 37.015 Prohibited activities.
§ 37.016 Permit suspension, modification or revocation. § 37.017 Notice and appeals.
§ 37.018 Violations and penalties.
§ 37.019 Recordkeeping.
§ 37.020 Requirements not exclusive.
§ 37.021 Administration and administrative regulations. § 37.022 Relationship to Chapter 12.
§ 37.001 Purpose.
(A) The purpose of this chapter is to establish regulations for the use of privately owned residential dwelling units as short-term rentals in order to: (1) minimize adverse secondary impacts of such uses on surrounding residential neighborhoods; (2) preserve the residential character, public peace, health, safety and general welfare of the community; (3) ensure that such units are used solely for bona fide transient lodging purposes by registered occupants and their invitees, including the ordinary daytime gatherings that families and other groups customarily hold at a home, and not as event venues, “party houses,” or other commercial or assembly uses absent express authorization under this Code; and (4) ensure the proper collection and payment of transient occupancy taxes.
(B) This chapter is not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions

Page 57 of 112 ends

Public Hearing to Consider Introduction and First Reading of (1) Ordinan... Page 828 of 883 applicable to the owner’s property that may prohibit or restrict the use of such owner’s residential property for short-term rental purposes as defined in this chapter. Compliance with this chapter is in addition to, and not in lieu of, compliance with any other such private conditions, covenants and restrictions. § 37.002 Definitions.

The definitions set forth in this section shall govern the meaning and construction of the words and phrases used in this chapter, except where the context of such words and phrases clearly indicates a different meaning or construction.

APPLICABLE LAWS, RULES AND REGULATIONS
Any laws, rules, regulations and codes (whether local, state or federal) pertaining to the use and occupancy of a privately owned dwelling unit as a short-term rental.

APPLICANT
An owner applying for a short-term rental permit or renewal permit, or a prospective owner applicant seeking preliminary processing pursuant to § 37.011. A prospective owner applicant shall not be considered an owner, operator, permittee, or holder of a short-term rental permit unless and until title has transferred and the City has issued a permit or provisional operating authorization in that applicant’s name.

BEDROOM
An area of a short-term rental normally occupied and being heated or cooled by any equipment for human habitation, which consists of four walls to the ceiling, at least one of which is located along an exterior wall with a window, and contains a built-in closet.

CHANGE OF CONTROL
Any transaction or series of related transactions resulting in a transfer of fifty percent or more of the ownership, beneficial ownership, voting rights, management authority, or controlling interest in an entity that owns or operates a short-term rental. A change of control constitutes a transfer for purposes of this chapter, regardless of whether title to the property is transferred.

CLUSTER or COMPOUND
Any two or more short-term rentals that operate on a unified or shared basis where occupants of such short-term rentals have exclusive access to more than one shortterm rental and/or the facilities of such short-term rentals, including by way of example, a swimming pool, tennis court, or cooking facilities.

COACHELLA VALLEY
The territory within the boundaries of the cities of Desert Hot Springs, Palm Springs, Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, La Quinta, Indio, Coachella, and the unincorporated area of Riverside County that is within the territorial boundaries of the Palm Springs and Desert Sands Unified School District, and that portion of the Coachella Valley Unified School District located within

Page 58 of 112 ends

Indio City CouncilOctober 7, 2026

Indio City Council
October 7, 2026