Indio City Council
October 21, 2026

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24-HOME-16219

EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
combination with other financing and assistance, are not more than is necessary to provide quality affordable housing that is financially viable for the required federal period of affordability in 24 CFR section 92.252, and will not provide a profit or return on the owner's or developer's investment that exceeds permitted developer fee for that project pursuant to Department requirements.

In addition, projects will be evaluated by the Department pursuant to the applicable requirements of 24 CFR section 92.250(b) and sections 8211, 8212, and 8212.2 of the state HOME regulations.

The HOME Recipient shall provide a formal certification concerning the governmental assistance provided or to be provided to a project. If no such governmental assistance is to be provided at the time of the application or in the future, the HOME Recipient shall certify that fact. The HOME Recipient shall also certify that should other governmental assistance be sought in the future; the Department shall be promptly notified. Activities assisted under this Agreement are subject to the underwriting and subsidy layering requirements established by the Department for each activity pursuant to the most recently amended requirements of 24 CFR sections 92.250 and 92.254.

C. Written Agreements
The HOME recipient must comply with all requirements established under 24 CFR Part 92, section 92.504, and any additional program requirements established by the Department. The HOME recipient shall enter into a written agreement that complies with the provisions of 24 CFR section 92.504(c)(1)(xi), which says the following regarding use of the HOME funds, affordability requirements, uniform administrative requirements, project requirements, other program requirements, affirmative marketing, enforcement of the agreement, and fee prohibitions and limitations:

Before the State Recipient provides funds to for-profit owners or developers, nonprofit owners or developers or sponsors, subrecipients, homeowners, homebuyers, tenants (or landlords) receiving tenant-based rental assistance, or contractors who are providing services to the State Recipient, the State Recipient must have a written agreement with such entities that meets the requirements of this section.

For contracts with contractors, the State Recipient selects a contractor through applicable procurement procedures and requirements. The contractor provides goods or services in accordance with a written agreement (the contract). For contractors who are administering all or some of the participating jurisdiction's

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24-HOME-16219

EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
HOME programs or specific services for one or more programs, the contract must include at a minimum the following provisions:
1) Use of the HOME funds. The agreement must describe the use of the HOME funds, including the tasks to be performed, a schedule for completing the tasks, a budget, and the length of the agreement. 2) Program requirements. The agreement must provide that the contractor is subject to the requirements in part 92 that are applicable to the participating jurisdiction, except §§ 92.505 and 92.506 do not apply, and the contractor cannot assume the participating jurisdiction responsibilities for environmental review, decision making, and action under § 92.352.

Where the contractor is administering only a portion of the program, the agreement must list the requirements applicable to the activities the contractor is administering. If applicable to the work under the contract, the agreement must set forth all obligations the participating jurisdiction imposes on the contractor in order to meet the VAWA requirements under § 92.359, including any notice obligations and any obligations under the emergency transfer plan.
3) Duration of agreement. The agreement must specify the duration of the contract. Generally, the duration of a contract should not exceed two years.

For contracts with homebuyers, the agreement must conform to the requirements in § 92.254(a), including the value of the property, principal residency requirements, lease-purchase, if applicable, and the resale or recapture provisions. The agreement must specify the amount of HOME funds, the form of assistance (e.g., grant, amortizing loan, deferred payment loan), the use of the funds (e.g., down payment, closing costs, rehabilitation) and the time by which the housing must be acquired. A Department-approved HOME Written Agreement must be used.

For contracts with homeowners for rehabilitation, the agreement must conform to the requirements in § 92.254(b) and specify the amount and form of HOME assistance, rehabilitation work to be undertaken, date for completion, and property standards to be met.

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
For contracts with tenants for Tenant-Based Rental Assistance, the rental assistance contract or the security deposit contract must conform to §§ 92.209 and 92.253.

These Agreements must be executed prior to providing the HOME funds. Any written agreement between the HOME recipient and the individual beneficiaries must name the Department as a third-party beneficiary.

D. Income Determination
Households assisted under this Agreement must meet the income determination requirements of 24 CFR section 92.203, including but not limited to the requirement to examine at least two months' source documentation evidencing annual income (e.g., wage statement, interest statement, unemployment compensation statement) when determining household income. In meeting these requirements, the income determination rules under 24 CFR Part 5 shall be used, including the Part 5 definition of income.

E. Fees, as applicable
Pursuant to 24 CFR section 92.214, fees such as processing fees, inspection fees, or other fees related to the cost of administering HOME funds cannot be charged to low-income beneficiaries except such reasonable and customary fees that are expressly authorized by the Department pursuant to the requirements of this section. Rental project owners may charge:
1) reasonable application fees to prospective tenants;
2) parking fees to tenants only if such fees are customary for rental projects in the neighborhood; and
3) fees for services, such as bus transportation or meals, as long as the services are voluntary, and fees are charged for services provided.

F. Providing Additional HOME Funds to a Project
Housing may not be re-assisted with additional HOME Program funds except in accordance with any of the following: upon expiration of applicable federal HOME Affordability Period, or within the exception detailed under 24 CFR section

92.214(a)(6), which provides exceptions for tenant-based rental assistance, assistance to a homebuyer to acquire housing previously assisted with HOME funds, or assistance to preserve affordability of homeownership housing in

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24-HOME-16219

EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
accordance with § 92.254(a)(9) to a project previously assisted with HOME funds during the period of affordability established by the particular jurisdiction in the written agreement under § 92.504. However, additional HOME funds may be committed to a project for up to one year after project completion (see § 92.502), but the amount of HOME funds in the project may not exceed the maximum perunit subsidy amount established under § 92.250.

10. Property Standards
Pursuant to 24 CFR section 92.251, the HOME Recipient shall ensure that all housing units meet the following property standards:

A. New construction projects. All new construction projects using HOME funds must meet the requirements of this paragraph (A).
1) State and local codes, ordinances, and zoning requirements Housing that is newly constructed with HOME funds must meet all applicable State and local codes, ordinances, and zoning requirements.

HOME-assisted new construction projects must meet State or local residential and building codes, as applicable or, in the absence of a State or local building code, the International Residential Code or International Building Code (as applicable to the type of housing) of the International Code Council. The housing must meet the applicable requirements upon project completion.
2) HUD requirements
All new construction projects must also meet the requirements described in this paragraph:
(a) Accessibility. The housing must meet the accessibility requirements of https://www.ecfr.gov/current/title-24/part-8, which implements Section 504 of the Rehabilitation Act of 1973 at
https://www.govinfo.gov/link/uscode/29/794 and Titles II and III of the Americans with Disabilities Act at
https://www.govinfo.gov/content/pkg/USCODE-2024-
title42/html/USCODE-2024-title42-chap126.htm implemented at https://www.ecfr.gov/current/title-28/part-35.
(b) Disaster mitigation. Where relevant, the housing must be constructed to mitigate the impact of potential disasters (e.g.,

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
earthquakes, hurricanes, flooding, and wildfires), in accordance with State and local codes, ordinances, or other State and local requirements, or such other requirements as HUD may establish. (c) Written cost estimates, construction contracts and construction documents. The HOME Recipient must ensure the construction contract(s) and construction documents describe the work to be undertaken in adequate detail so that inspections can be conducted. The HOME Recipient must review and approve written cost estimates for construction and determine that costs are reasonable.
(d) Construction progress inspections. The HOME Recipient must conduct progress and final inspections of construction to ensure that work is done in accordance with the applicable codes, the construction contract, and construction documents.

B. Owner-Occupied Rehabilitation projects. All rehabilitation that is performed using HOME funds must meet the requirements of this Paragraph B. 1) Rehabilitation standards. The Department has established rehabilitation standards for all HOME-assisted housing rehabilitation activities that set forth the requirements that the housing must meet upon project completion. The rehabilitation standards must address each of the following, to comply with the Department’s Multifamily Rehabilitation Standards for HOME and HTF Programs (“Rehab Standards”) Section IX, for items applicable to single-family construction. This includes, but is not limited to:
(a) Health and safety. The Department’s Rehab Standards identify lifethreatening deficiencies that must be addressed immediately if the housing is occupied.
(b) Major systems. Major systems are: structural support; roofing; cladding and weatherproofing (e.g., windows, doors, siding, gutters); plumbing; electrical; and heating, ventilation, and air conditioning. For homeownership housing, the Department’s Rehab Standards require, upon project completion, each of the major systems to have a remaining useful life for a minimum of five (5) years or for such longer period specified by the participating jurisdiction, or the major systems must be rehabilitated or replaced as part of the rehabilitation work.

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
(c) Lead-based paint. The Department's Rehab Standards require the housing to meet the lead-based paint requirements at
https://www.ecfr.gov/current/title-24/part-35.
(d) Accessibility. The Department’s Rehab Standards require that assisted housing meets the accessibility requirements in https://www.ecfr.gov/current/title-24/part-8 which implements Section 504 of the Rehabilitation Act of 1973 at
https://www.govinfo.gov/link/uscode/29/794 and Titles II and III, sections 12131-12189 of the Americans with Disabilities Act at https://www.govinfo.gov/link/uscode/42/12131 implemented at https://www.ecfr.gov/current/title-28/part-35 and
https://www.ecfr.gov/current/title-28/part-36 as applicable.

Rehabilitation may include improvements that are not required by regulation or statute that permit use by a person with disabilities. (e) Disaster mitigation. Where relevant, the Department’s Rehab Standards require the housing to be improved to mitigate the impact of potential disasters (e.g. earthquake, hurricanes, flooding, and wildfires) in accordance with State and local codes, ordinances, and requirements, or such other requirements as HUD may establish.
(f) State and local codes, ordinances, and zoning requirements. The Department’s Rehab Standards require the housing to meet all applicable State and local codes, ordinances, and requirements. (g) Uniform Physical Condition Standards. The Department’s Rehab Standards state that upon completion, the HOME-assisted project and units will be decent, safe, sanitary, and in good repair as described in https://www.ecfr.gov/current/title-24/section-5.703 HUD will establish the minimum deficiencies that must be corrected under the participating jurisdiction's rehabilitation standards based on inspectable items and inspected areas from HUD-prescribed physical inspection procedures (Uniform Physical Conditions Standards) pursuant to https://www.ecfr.gov/current/title-24/section5.705. 2) Construction documents and cost estimates. The Department’s Rehab Standards require that the work to be undertaken will meet these rehabilitation standards. The construction documents (i.e., inspection

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
report, written scope of work to be performed, and supporting photographs) must be in sufficient detail to establish the basis for a uniform inspection of the housing to determine compliance with the Department’s Rehab Standards.

The HOME Recipient must review and approve a written cost estimate for rehabilitation after determining that costs are reasonable. 3) Frequency of inspections. The Department’s Rehab Standards require the HOME Recipient to conduct an initial property inspection to identify the deficiencies that must be addressed. The HOME Recipient must also conduct progress and final inspections to determine that work was done in accordance with work write-ups and the construction contract.

C. Acquisition of standard housing projects. All down payment assistance projects using HOME funds must meet the requirements of this paragraph (C).

Existing housing that is acquired for homeownership (e.g., down payment assistance) must be decent, safe, sanitary, and in good repair. The Department has established standards to determine that the housing is decent, safe, sanitary, and in good repair. The standards require that the housing meets all applicable State and local building code requirements, and that the housing does not contain the specific deficiencies proscribed by HUD based on the applicable inspectable items and inspected areas in HUD-prescribed physical inspection procedures (Uniform Physical Condition Standards) issued pursuant to https://www.ecfr.gov/current/title-24/section-5.705. The HOME Recipient must inspect the housing and document this compliance based upon an inspection that is conducted no earlier than ninety (90) days before the commitment of HOME assistance. If the housing does not meet these standards, the housing must be rehabilitated at the seller’s expense to meet the standards of this paragraph (C) at https://www.ecfr.gov/current/title-24/section-92.251#p92.251(c)(3) before sale or it cannot be acquired with HOME funds.

D. Housing occupied by tenants receiving HOME Tenant-Based Rental Assistance.

All housing to be occupied by tenants receiving HOME tenant-based rental assistance must meet the standards in https://www.ecfr.gov/current/title24/section-982.401, or the successor requirements as established by HUD.

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
E. Manufactured housing
1) Construction of all manufactured housing including manufactured housing that replaces an existing substandard unit under the definition of "reconstruction" at 24 CFR section 92.2 must meet the Manufactured Home Construction and Safety Standards codified at 24 CFR Part 3280.

These standards preempt state and local codes, which are not identical to the federal standards for the new construction of manufactured housing. In addition, HOME funds provided to assist manufactured housing units must comply with other applicable state and local laws or codes. 2) All new manufactured housing and all manufactured housing that replaces an existing substandard unit under the definition of "reconstruction" must be on a permanent foundation that meets the requirements for foundation systems as set forth in 24 CFR section 203.43(c)(i). All new manufactured housing and all manufactured housing that replaces an existing substandard unit under the definition of "reconstruction," must, at the time of project completion, be connected to permanent utility hook-ups and be located on land that is owned by the manufactured housing unit owner or land for which the manufactured housing owner has a lease for a period at least equal to the applicable period of affordability.
3) In HOME-funded rehabilitation of existing manufactured housing, the foundation and anchoring must meet all applicable state and local codes, ordinances, and requirements or as in the absence of local or state codes, the Model Manufactured Home Installation Standards at 24 CFR Part 3285. Manufactured housing that is rehabilitated using HOME funds must meet the property standards requirements for rental rehabilitation projects, as applicable.
4) The HOME Recipient or another qualified third party shall document this compliance in accordance with inspection procedures established pursuant to 24 CFR 92.251, as applicable.

11. Repayment of Funds
If the HOME Recipient either:

A. Does not complete a project by the date in Exhibit E, Specific Provisions and Special Terms and Conditions, Section 3.A, or

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
B. Before the date in Exhibit E, Specific Provisions and Special Terms and Conditions, Section 3.A fail to expend any portion of the funds the Department awarded to it, pursuant to the requirements applicable to the award of HOME funds granted herein, then the HOME Recipient shall:
1) repay to the Department any HOME funds disbursed on an incomplete rehabilitation project;
2) forfeit and have no further rights or claim to any other remaining hereingranted HOME award funds; and 3) consent to and facilitate as necessary the Department’s use of all the foregoing referenced funds for any purpose, including as may be necessary to satisfy any Department obligation regarding repayment of those funds to the state's HOME Investment Trust Fund in accordance with 24 CFR section 92.503(b).
(a) For example, if a HOME Recipient receives a HOME grant of $1,000,000 and disburses and expends only $500,000 by the expenditure deadline referenced in this Standard Agreement but has timely and completely finished all Program projects in a manner that satisfies all applicable requirements for the granted award funds, then the remaining unused funds would be disencumbered by the Department.
(b) However, in the situation where a HOME Recipient receives a HOME grant of $1,000,000 and undertakes a rehabilitation project for a portion of those funds, and the HOME Recipient has not completed that project by the expenditure deadline as stated in the Standard Agreement (Exhibit E, Specific Provisions and Special Terms and Conditions, Section 3.A) in a manner that satisfies all applicable requirements, then all funds disbursed by the Department for that project must be repaid to the Department.

12. Equal Opportunity Requirements and Responsibilities A. The Architectural Barriers Act of 1968, as amended at 42 United States Code (hereinafter “U.S.C.”) section 4151, et seq.

This Act requires that buildings and facilities designed, constructed, altered, or leased with certain federal funds after September 1969 must be accessible to and useable by handicapped persons.

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
B. Affirmative Marketing
1) Affirmatively Furthering Fair Housing (Fair Employment and Housing Act) The Fair Housing Act in 1968 prohibits discrimination in the sale, rental, and financing of housing based on race, religion, and national origin. Over time the law expanded its protections to include discrimination based on sex, disability, and familial status. The law also introduced the need to go beyond just prohibiting discrimination to instead creating real housing choice by affirmatively furthering fair housing.

California Government Code sections 65583, 65583.2, and 65302(h) expanded upon the fair housing requirements and protections outlined in the Fair Employment and Housing Act (FEHA). The duty to affirmatively further fair housing extends to all of a program participants’ activities and programs relating to housing and urban development. The Government Code above includes new requirements that apply to all housing elements due for revision on or after January 1, 2021.

Affirmatively Furthering Fair Housing (AFFH) requires taking meaningful actions to combat discrimination, overcome patterns of segregation, and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. The HOME Recipient must take meaningful actions that when taken together, address significant disparities in housing needs and access to opportunities. Such actions may include, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially- or ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws (24 CFR parts 91, 92, and 903) (24 CFR sections 5.151 and 5.152).

For HOME, AFFH requires collecting demographic data for the beneficiaries and waiting lists and analyzing them to develop moreequitable ways to serve the low-income population. 2) Equal Access for Language and Disabilities
Contractors must provide a language access plan that makes appropriate accommodation for Limited English Proficiency (LEP) interpretive services and services that support the visually impaired as required by Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
section 794 and subsect (d) (contractors receiving federal financial assistance), in conjunction with section 508 of the Rehabilitation Act of 1973, as amended, 29 USC section 794d (created the U.S. Access Board to regulate websites, electronic information and communication technology (EICT) accessibility); section 255 of the Communications Act of 1934, as amended; 24 CFR Part 8, including sections 8.3 and 8.4; and 36 CFR Part 1194, 36 CFR §§ 1194.1. 1194.2, and Appendices B and C to Part 1194 (accessibility standards for disabled to communication technology); see U.S. Access Board website. Unruh Civil Rights Act, Civ.

Code section [CF1] 51, subds. (b) & (f); Disabled Persons Act, Civ. Code sections 54 & subd. (c), 54.1 & subd. (d).

Achieving Compliance: The California State Department of Rehabilitation maintains an Assistive Technology website with resources for services to achieve compliance with recognized standards for non-discriminatory accessibility.

C. Tenant Protections and Selection
1) Pursuant to 24 CFR section 92.253, there must be a written lease between the tenant and the owner of rental housing assisted with HOME funds that is for a period of not less than one year, unless by mutual agreement between the tenant and the owner, a shorter period is specified.
2) Tenant leases may be terminated only pursuant to the terms of 24 CFR section 92.253(c).
3) The lease must not contain any of the prohibited lease terms in 24 CFR section 92.253(b).
4) Preferences for special needs populations in HOME assisted housing must be approved by the Department in accordance with the terms of 24 CFR section 92.253(d)(3).

D. Section 504 of the Rehabilitation Act of 1973 and the "504 Coordinator" The HOME Recipient agrees to implement the Rehabilitation Act of 1973, as amended, and its regulations, 24 CFR Part 8. For HOME Recipients with fifteen (15) or more permanent, full-or part-time employees, this includes but is not limited to, the designation of a specific person charged with local enforcement of this Act, as the "504 Coordinator".

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
E. The Civil Rights and Age Discrimination Acts Assurances During the performance of this Agreement, the HOME Recipient assures that no otherwise qualified person shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination based on race, color, national origin, sex, age, handicap, familial status, religion, or belief, under any program or activity funded by this contract, as required by Title VI of the Civil Rights Act of 1964, the Fair Housing Act (42 U.S.C. § 3601-20) and all implementing regulations, and the Age Discrimination Act of 1975 and all implementing regulations.

F. Section 3 Compliance under 24 CFR Part 75 (“Section 3”)- The Training, Employment, and Contracting Opportunities for Business and Lower Income Persons Assurance of Compliance
The purpose of Section 3 is to ensure that economic opportunities, most importantly employment, generated by certain HUD financial assistance shall be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing or residents of the community in which the Federal assistance is spent.

For the purposes of this Agreement, Section 3 applies to single-family new construction and rehabilitation projects (including reconstruction) over $200,000 including project soft costs (including Activity Delivery Costs), pursuant to 24 CFR section 75.3, as follows:
§ 75.3 Applicability.
(a) General applicability. Section 3 applies to public housing financial assistance and Section 3 projects, as follows:
. . .
(2) Section 3 projects.
(i) Section 3 means housing rehabilitation, housing
construction, and other public construction projects
assisted under HUD programs that provide housing and
community development financial assistance when the
total amount of assistance to the project exceeds a
threshold of $200,000. The threshold is $100,000 where
the assistance is from the Lead Hazard Control and

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
Healthy Homes programs, as authorized by sections
501 or 502 of the Housing and Urban Development Act
of 1970 (12 U.S.C. § 1701z-1 or 1701z-2), the LeadBased Paint Poisoning Prevention Act (42 U.S.C. § 4801 et seq.); and the Residential Lead-Based Paint
Hazard Reduction Act of 1992 (42 U.S.C. § 4851 et
seq.). The project is the site or sites together with any building(s) and improvements located on the site(s) that are under common ownership, management, and
financing.
(ii) [intentionally omitted, as is not applicable]
(iii) The requirements in this part apply to an entire Section 3 project, regardless of whether the project is fully or partially assisted under HUD programs that provide
housing and community development financial
assistance.
1) Definitions
Definitions for Section 3 are located in 24 CFR Part 75.5. 2) Benchmarks
The current benchmarks for all projects that meet the criteria to be considered a Section 3 project is to the greatest extent possible 25% of al labor hours worked shall be performed by Section 3 eligible workers and at least 5% of the 25% be targeted Section 3 eligible workers. (Federal Register (2020) Urban Housing Development Department. Vol.85 No.189,60907-60909).
3) Requirements
(a) Employment and training.
(i) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure that
employment and training opportunities arising in
connection with Section 3 projects are provided to
Section 3 workers within the metropolitan area (or
nonmetropolitan county) in which the project is located.

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
(ii) Where feasible, priority for opportunities and training described in paragraph (a)(i) of this section should be given to:

1. Section 3 workers residing within the service
area or the neighborhood of the project; and

2. Participants in YouthBuild programs (81 CFR
section 56460).
(b) Contracting
(i) The parties to this contract agree to comply with HUD's regulations in 24 CFR. Part 75, which implement
Section 3. As evidenced by their execution of this
contract, the parties to this contract certify that they are under no contractual or other impediment that would
prevent them from complying with the Part 75
regulations.
(ii) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure contracts for work awarded in connection with Section 3 projects
are provided to business concerns that provide
economic opportunities to Section 3 workers residing
within the metropolitan area (or nonmetropolitan county) in which the project is located.
(iii) Where feasible, priority for contracting opportunities described in paragraph 4)(b)(i) of this section should be given to:

1. Section 3 business concerns that provide
economic opportunities to Section 3 workers
residing within the service area of the
neighborhood of the project; and

2. Youth Build Programs.

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
4) Reporting
(a) Reporting of labor hours.
(i) For Section 3 projects, recipients must report in a manner prescribed by HUD:

1. The total number of labor hours worked;

2. The total number of labor hours worked by
Section 3 workers; and

3. The total number of labor hours worked by
Targeted Section 3 workers.
(ii) Section 3 workers' and Targeted Section 3 workers' labor hours may be counted for five years from when
their status as a Section 3 worker or Targeted Section
3 worker is established pursuant to § 75.31.
(iii) The labor hours reported under paragraph (a)(i) of this section must include the total number of labor hours
worked on a Section 3 project, including labor hours
worked by any subrecipients, contractors and
subcontractors that the recipient is required, or elects pursuant to paragraph (a)(iv) of this section, to report. (iv) Recipients reporting under this section, as well as subrecipients, contractors and subcontractors who
report to recipients, may report labor hours by Section 3 workers, under paragraph (a)(i)(1.) of this section, and labor hours by Targeted Section 3 workers, under
paragraph (a)(i)(3.) of this section, from professional services without including labor hours from professional services in the total number of labor hours worked under paragraph (a)(i)(1.) of this section. If a contract covers both professional services and other work and the
recipient or contractor or subcontractor chooses not to report labor hours from professional services, the labor hours under the contract that are not from professional services must still be reported.
(v) Recipients may report their own labor hours or that of a subrecipient, contractor, or subcontractor based on the employer's good faith assessment of the labor hours of a

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
full-time or part-time employee, informed by the
employer's existing salary- or time-and-attendancebased payroll systems, unless the project or activity is otherwise subject to requirements specifying time and
attendance reporting.
(b) Additional reporting if Section 3 benchmarks are not met. If the recipient's reporting under paragraph (a) of this section indicates that the recipient has not met the Section 3
benchmarks described in § 75.23, the recipient must report in a form prescribed by HUD on the qualitative nature of its activities and those its contractors and subcontractors pursued. Such qualitative efforts may, for example, include but are not limited to the following:

If the benchmarks are not met for Section 3 compliance, the Contractor must document their efforts to attract and employ workers that meet Section 3 eligibility requirements. Below is a sample list of some of the actions a contractor could take to demonstrate their attempts. Documentation is required to support the actions.
(i) Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers.
(ii) Provided training or apprenticeship opportunities. (iii) Provided technical assistance to help Section 3
workers compete for jobs (e.g., resume assistance,
coaching).
(iv) Provided or connected Section 3 workers with
assistance in seeking employment including: drafting
resumes, preparing for interviews, and finding job
opportunities connecting residents to job placement
services.
(v) Held one or more job fairs.
(vi) Provided or referred Section 3 workers to services supporting work readiness and retention (e.g., work
readiness activities, interview clothing, test fees,
transportation, childcare).

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
(vii) Provided assistance to apply for/or attend community college, a four-year educational institution, or
vocational/technical training.
(viii) Assisted Section 3 workers to obtain financial literacy training and/or coaching.
(ix) Engaged in outreach efforts to identify and secure bids from Section 3 business concerns.
(x) Provided technical assistance to help Section 3
business concerns understand and bid on contracts.
(xi) Divided contracts into smaller jobs to facilitate
participation by Section 3 business concerns.
(xii) Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business
concerns.
(xiii) Promoted use of business registries designed to create opportunities for disadvantaged and small businesses.
(xiv) Outreach, engagement, or referrals with the state onestop system as defined in section 121(e)(2) of the Workforce Innovation and Opportunity Act.

G. Compliance with the “Violence Against Women Reauthorization Act of 2022” (VAWA) (S.3623 - 117th Congress (2021-2022) (as amended or reauthorized)) Title VI - Safe Homes for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking – Sec. 601-603. See also 81 FR 80803, Nov. 16, 2016, and HUD’s HOME Program VAWA
requirements at 24 CFR section 92.359.

VAWA provides housing protections for survivors of domestic and dating violence, sexual assault, and stalking when it comes to finding and keeping a home, they can feel safe in. VAWA applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistently with all nondiscrimination and fair housing requirements. VAWA now expands housing protections to HUD programs beyond HUD’s public housing program and HUD’s tenant-based and project-based Section 8 programs. VAWA now provides enhanced protections and options for victims of domestic violence, dating violence, sexual assault, and stalking. During the performance of this

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
Agreement, the HOME State Recipient shall ensure that all requirements of VAWA are complied with, including but not limited to:
1) Domestic Violence survivors are not denied assistance as an applicant, or evicted or have assistance terminated as a tenant, because the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault, and stalking. 2) It will develop and implement an ‘emergency transfer plan’ in accordance with 24 CFR section 92.359(g), which allows for domestic violence survivors to move to another safe and available unit if they fear for their life and safety.
3) It will provide “Protections against denials, terminations, and evictions that directly result from being a victim of domestic violence, dating violence, sexual assault, or stalking, if the applicant or tenant otherwise qualifies for admission,
assistance, participation, or occupancy.”
4) It will implement a ‘Low-barrier certification process’ where a domestic violence survivor need only to self-certify in order to document the domestic violence, dating violence, sexual assault, or stalking, ensuring third party documentation does not cause a barrier in a survivor expressing their rights and receiving the protections needed to keep themselves safe.
5) Notification requirements – In accordance with 24 CFR section

92.359(c), the HOME State Recipient must provide the notice and certification form described in 24 CFR section 5.2005(a) to the applicant for HOME tenant-based rental assistance when the applicant's HOME tenant-based rental assistance is approved or denied. The State Recipient must also provide the notice and certification form described in 24 CFR section 5.2005(a) to a tenant receiving HOME tenant-based rental assistance when the State Recipient provides the tenant with notification of termination of the HOME tenant-based rental assistance, and when the State Recipient learns that the tenant's housing owner intends to provide the tenant with notification of eviction.
6) Bifurcation of lease requirements – In accordance with 24CFR section

92.359(d), the following requirements shall apply in place of the requirements at 24 CFR section 5.2009(b): If a family who is receiving

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
HOME tenant-based rental assistance separates under 24 CFR section 5.2009(a), the remaining tenant(s) will retain the HOME rental assistance. The HOME Recipient must determine if the tenant removed will receive HOME tenant-based rental assistance. 7) VAWA lease term/addendum – In accordance with 24 CFR section

92.359(e), the HOME State Recipient must develop a VAWA lease term/addendum to incorporate all requirements that apply to the owner or lease under 24 CFR Part 5, subpart L, and this section, including the prohibited bases for eviction and restrictions on construing lease terms under 24 CFR sections 5.2005(b) and (c). This VAWA lease term/addendum must also provide that the tenant may terminate the lease without penalty if the HOME State Recipient determines that the tenant has met the conditions for an emergency transfer under 24 CFR section 5.2005(e). When HOME tenant-based rental assistance is provided, the lease term/addendum must require the owner to notify the State Recipient before the owner bifurcates the lease or provides notification of eviction to the tenant. If HOME tenantbased rental assistance is the only assistance provided (i.e., the unit is not receiving project-based assistance under a covered housing program, as defined in 24 CFR section 5.2003), the VAWA lease term/addendum may be written to expire at the end of the rental assistance period.
8) Period of applicability – In accordance with 24 CFR section

92.359(f), for HOME tenant-based rental assistance, the requirements of this section shall apply to the owner of the tenant's housing for the period for which the rental assistance is provided.

13. Environmental Review
The HOME Recipient shall comply with the National Environmental Policy Act (NEPA) contained in 42 U.S.C. sections 4321-4347 and the implementing regulations at 24 CFR Parts 50 and 58 as they both may be amended from time to time. No actions by any party (including the HOME Recipient, the developer, owner, or sponsor) shall be undertaken for any activity that would have an adverse environmental impact or limit the choice of reasonable alternatives under 24 CFR section 58.22 until HUD or the Department has issued an environmental clearance, or the State Recipient’s NEPA Certifying Officer or NEPA certification delegee has signed a HUD Environmental form documenting compliance. For any owneroccupied rehabilitation or infill new construction projects, the State Recipient must receive Departmental written permission before committing HOME funds. No more

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
than four infill new construction projects may be undertaken within a 2000-foot radius, as a NEPA Environmental Assessment would be triggered.

The HOME Recipient must also document in each project file and its Environmental Review Record compliance with, or project or programmatic exemption from, California Environmental Quality Act (CEQA) requirements.

Notwithstanding any provision of this Agreement, the parties agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval for any project undertaken under this Agreement, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review for each project and, where applicable, receipt by the HOME Recipient of an Authority to Use Grant Funds from the Department under 24 CFR Part 58. A written agreement with each beneficiary constitutes commitment of funds, for each project.

14. Labor Standards
Provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. § 3701, et seq. (with implementing regulations at 29 CFR Part 5 and 29 CFR Part 1926), and all other applicable federal, state, and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The HOME Recipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. § 874, et seq. and 40U.S.C. § 276(c) with implementing regulations at 29 CFR Part 3). The HOME Recipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Department for review upon request.

15. Displacement, Relocation, and Acquisition
The HOME Recipient shall comply with the federal displacement, relocation, and real property acquisition rules governing the HOME Program, which are contained in the Uniform Relocation Act, with implementing regulations at 49 CFR Part 24; and section 104(d) of the Housing and Community Development Act of 1974, as amended, with implementing regulation at 24 CFR Part 92, and applicable State HOME Regulations.

16. Lead-Based Paint Hazards
Assistance provided under this Agreement is subject to the Lead-Based Paint Poisoning Prevention Act and subsequent amendments; and to HUD Lead-Based Paint Regulations found at 24 CFR Part 35, et seq.

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026

17. Conflicts of Interest
The HOME Recipient shall comply with the provisions in 24 CFR 92.505, incorporating 2 CFR Part 200 et seq.; 24 CFR section 92.504(c)(3)(v)(E) and 24 CFR section 92.356(f) for the award of rental units; 24 CFR sections 92.356(b)-(e) for the award of contracts; and 24 CFR section 92.356(f) for the award of homebuyer units. 24 CFR section 92.356 prohibits, in part, that any employees, agents, consultants, officers or elected or appointed officials, “who exercise or have exercised any functions or responsibilities with respect to activities assisted with HOME funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter.” A Contractor shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees, or agents engaged in the selection, award, and/or administration of contracts supported by Federal funds to ensure no conflict of interest, real or apparent, would be involved pursuant to 2 CFR section 200.318(c) - (written conflict of interest standards).

18. Interest of Certain Federal Officials
No member of or delegate to the Congress of the United States, and no resident commissioner, shall be a party to this Agreement or receive any benefit hereunder.

19. Certification Regarding Lobbying (Byrd Amendment)
A. The HOME Recipient shall require that the language of the certification be contained in subpart C below, included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and no more than $100,000 for such failure.

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
C. “The undersigned certifies, to the best of his or her knowledge and belief, that:
1) No federal appropriated funds have been paid or shall be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2) If any funds other than federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions."

20. Bonus or Commission Prohibition
The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining Department approval of the application for such assistance, or Department approval of the applications for additional assistance, or any other approval or concurrence of the Department required under this Agreement, Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, or state regulations with respect thereto, provided, however, that reasonable fees for bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs.

21. Leverage and Matching Funds
The HOME Recipient shall provide leverage and matching funds, in an amount not less than that specified in Exhibit A, Authority, Purpose and Scope of Work, Section 8.B of this Agreement.

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026

22. Contractors and Subcontractors - Department Requirements A. The HOME Recipient shall not enter into any agreement, written or oral, with any construction contractor without first determining that the construction contractor is duly licensed and eligible to perform the work being contracted for. A construction contractor or subcontractor is not eligible to receive HOME funds if not actively licensed and in good standing with the State of California, as determined by the Department, or is on, or is proposed to be included in, any federal debarment list.

B. The Department reserves the right to review and approve any contracts or agreements executed by the HOME Recipient related to any HOMEassisted projects.

C. For infill new construction, the contract between the HOME Recipient and any construction contractor shall require the construction contractor and its subcontractors, if any, to:
1) Perform the Work in accordance with federal, state and local housing and building codes, regulations and statutes.
2) Provide adequate security to assure completion of the project and payment of project costs by furnishing the borrower and construction lenders with Performance and Payment Bonds. 3) Comply with the applicable Labor Standard Provisions of Section 14 of this Exhibit D.
4) Comply with the applicable Equal Opportunity Requirements described in Section 12 of this Exhibit D.
5) Comply with the applicable Equal Opportunity Requirements described in Section 12 of this Exhibit D.
6) Maintain at least the minimum State-required Workers’ Compensation Insurance for those employees who shall perform the Work or any part of it; and
7) Maintain, if so required by law, unemployment insurance, disability insurance and liability insurance in an amount to be determined by the Department, which is reasonable to compensate any person,

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
firm, or corporation who may be injured or damaged by the contractor or any subcontractor in performing the Work or any part of it.

D. The contract between the HOME Recipient’s beneficiary and any construction contractor shall require the construction contractor and its subcontractors, if any, to:
1) Perform the Work in accordance with federal, state and local housing and building codes, regulations and
statutes, and Department Rehab Standards.
2) Provide adequate security to assure completion of the project and payment of project costs by furnishing the borrower and construction lenders with Performance and Payment Bonds. 3) Comply with the applicable Equal Opportunity
Requirements described in Section 12 of this Exhibit D. 4) Maintain at least the minimum State-required Workers’ Compensation Insurance for those employees who shall
perform the Work or any part of it; and
5) Maintain, if so required by law, unemployment
insurance, disability insurance and liability insurance in an amount which is reasonable to compensate any
person, firm, or corporation who may be injured or
damaged by the contractor or any subcontractor in
performing the Work or any part of it.

E. Third-Party Beneficiary:
1) The HOME Recipient shall enter into a written agreement that complies with the provisions of 24 CFR 92.504 with any other entity or individual to which it disburses HOME funds. This Agreement must be executed prior to providing the HOME funds.

Under 24 CFR 92.201(b)(3)(i) HUD has directed the Department to create a mechanism to which they can monitor HUD funds and ensure that rules and regulations are followed by all State Recipients. The Department is an administrator of HUD HOME Funds to State

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
Recipients. In all contracts between the State Recipient and their subrecipients including any assignees, the Department will and shall always be deemed an intended third-party beneficiary. As such, the HOME Recipient must ensure that there is a written provision in such written agreements that designates the Department as an intended third-party beneficiary of such agreement.

All agreements, instruments and documents executed by or entered into by the HOME Recipient that materially affect the construction, refinancing, acquisition, operation, ownership, or maintenance of project is subject to the Departments approval.

23. Contractors and Subcontractors - Federal Requirements A. The HOME Recipient and all its contractors and their subcontractors are required to provide the certification set forth below in Paragraph D and include this certification in their contracts.

B. This certification is required by the federal government and contains terms defined in Executive Order 12549, a copy of which is available from the Department. For purposes of this Agreement:
1) “Prospective lower tier participant” refers to the HOME Recipient and any other party or person that shall receive funds from this Agreement, such as general contractors and their subcontractors.
2) “Lower tier transaction” refers to contracts let by the HOME Recipient or HOME Recipient’s contractors utilizing funds provided through this Agreement; and
3) “This proposal” refers to the HOME Recipient’s HOME application and any bid or application from a prospective lower tier participant.

C. By signing this Agreement, the HOME Recipient is providing the certification set forth below.

The HOME Recipient shall provide immediate written notice to the Department if at any time the HOME Recipient learns that its certification was erroneous when submitted or has become erroneous.

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
D. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions:
1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
2) Where the prospective lower tier participant is unable to certify any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

E. By signing this Agreement, the HOME Recipient agrees that it shall not knowingly enter into any lower tier transaction with a person or entity that is proposed for debarment under 48 CFR section 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction.

F. By signing this Agreement, the HOME Recipient agrees that it shall include the above certification in all lower tier transactions to which it is a part; and it shall require that each of its contractors include the certification in their subcontracts.

24. Faith-Based Activities
The HOME Recipient shall comply with the requirements of 24 CFR section 92.257 and 24 CFR section 5.109, which provide, in part, that “Organizations that are directly funded under the HOME Program may not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the assistance funded under this part." HOME funds and activities must be separate in time and location from explicitly religious activities.

25. Insurance
A. The HOME Recipient shall have and maintain in full force and effect during the term of this Agreement.
1) Comprehensive general liability insurance in the amount of not less than one million dollars ($1,000,000);

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
2) Worker’s compensation insurance; and Other forms of insurance, at such levels, as may be determined by the HOME Recipient and the Department to be necessary for specific components of the Work listed in Exhibit A, Authority, Purpose and Scope of Work, Section 3.
3) Pursuant to the compliance requirements under 24 CFR section

92.508 Recordkeeping (a)(7)(iii), both flood and earthquake insurances may be required depending on findings in the environmental review pursuant to 24 CFR section 92.352 and 24 CFR part 58.
4) Pursuant to 24 CFR section 92.251 Property standards(a)(iii),(b)(viviii) Disaster mitigation. Where relevant, the participating jurisdiction's standards must require the housing to be improved to mitigate the impact of potential disasters (e.g., earthquake, hurricanes, flooding, and wildfires) in accordance with State and local codes, ordinances, and requirements.

B. The HOME Recipient agrees to furnish satisfactory evidence of the abovelisted insurance coverage to the Department prior to the commencement of any work and thereafter from time to time upon the Department’s request.

Insurance coverage shall not be canceled or changed unless written notice is sent to the Department thirty (30) calendar days prior to the effective date of the action. The Department reserves the right to waive or modify these insurance coverage requirements upon demonstration of cause satisfactory to the Department, and contingent upon the HOME Recipient providing evidence of an alternative to conventional insurance sufficient to provide equivalent protection.

26. Records
A. The HOME Recipient shall maintain necessary and sufficient recordkeeping for the program, project, financial, program administration, and federal requirement records specified in 24 CFR section 92.508, for review and inspection by the Department.

B. All records specified in 24 CFR section 92.508 shall be retained for the time periods specified in Section 32, Audit/Retention and Inspection of Records, below. These records include, but are not limited to, the following:

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
1) a full description of each project assisted with HOME funds, including the location (address of each unit), form of HOME assistance, and the units or tenants assisted with HOME funds;
2) the source and application of funds for each project, including supporting documentation in accordance with 24 CFR section 85.20; and records to document the eligibility and permissibility of the project costs;
3) records demonstrating that each project meets the minimum perunit subsidy amount of 24 CFR section 92.205(c), the maximum per-unit subsidy amount of 24 CFR section 92.250(a), and the subsidy layering, and underwriting evaluation adopted in accordance with 24 CFR section 92.250(b);
4) records (e.g., inspection reports) demonstrating that each project meets the property standards of 24 CFR section 92.251 at project completion;
5) records demonstrating that each tenant-based rental assistance project meets the written tenant selection policies and criteria of 24 CFR section 92.209(c), including any targeting requirements, the rent reasonableness requirements of that section including any targeting requirements, the rent reasonableness requirements of 24 CFR section 92.209(f), the maximum subsidy provisions of 24 CFR section

92.209(h), property inspection reports and calculation of the HOME subsidy; and
6) records (written agreements) demonstrating compliance with the written agreement requirements in 24 CFR section 92.504.

C. If so directed by the Department upon termination of this Agreement, the HOME Recipient shall cause all records, accounts, documentation, and all other materials relevant to the Work to be delivered to the Department as depository.

27. Reporting
In accordance with state HOME regulations section 8216(a)(3), the HOME Recipient shall submit, annually, a HOME Annual Performance Report on a form provided by the Department.

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
In accordance with state HOME regulations section 8216(a)(2), the HOME Recipient must submit, quarterly, and no later than the last calendar day of the month following each calendar quarter, both a Quarterly Performance Report and a Quarterly Program Income Statement Report to the Department on forms provided by the Department.

Unless otherwise waived in writing by the Department, such reporting shall begin in the second month following execution of the Agreement and shall continue through the receipt and approval by the Department of the last “Project Completion Report” under this Agreement. Evidence of said approval shall be in writing from the Department.

State HOME recipients shall attend Quarterly Check-in meetings with an HCD Representative via MS Teams or other viable means of communication.

Additionally, within one month of any quarter in which HOME Recipient expends Program Income, Recaptured Funds, or Program Income Administration funds, Contractor must submit a Quarterly Program Income Statement Report to the Department and must include applicable Project Setup/Completion Report and Project or Admin Drawdown forms.

28. Remedies for Noncompliance and Sanctions
The Department is not limited to specified remedies listed for non-compliance and sanctions in the HOME Development Agreement and Regulatory Agreement.

29. Inspections
Inspections are required, as follows, for each Program Activity type:

A. Infill New Construction
The HOME Recipient must conduct an initial inspection during the environmental review process, as well as progress and final inspections of construction to ensure that the work is done in accordance with the applicable codes, the construction contract, and construction documents.

B. First-Time Homebuyer Assistance
The HOME Recipient must inspect the housing and document compliance with the provisions of Section 10.C, Property Standards, of this Exhibit D, no earlier than 90 days before the commitment of HOME assistance.

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
If the housing does not meet these standards, the housing must be rehabilitated at the seller’s expense to meet the standards of Section 10.C., Property Standards, before sale or it cannot be acquired with HOME funds.

C. Owner-Occupied Rehabilitation
The HOME Recipient must conduct an initial inspection during the environmental review process. The Department’s Rehab Standards require the HOME Recipient to conduct an initial property inspection to identify the deficiencies that must be addressed. The HOME Recipient must also conduct progress and final inspections to determine that work was done in accordance with work write-ups in compliance with the applicable Rehab Standards.

D. Tenant-Based Rental Assistance
All housing to be occupied by tenants receiving HOME tenant-based rental assistance must meet the standards in 24 CFR section 982.401, or the successor requirements as established by HUD. Housing must be reinspected annually to ensure ongoing compliance with these standards.

30. Project Site
Notwithstanding any provision in this Agreement, the parties hereto further agree and acknowledge that this Agreement does not constitute a commitment of funds to or approval of any project sites, and that such commitments of funds to or approvals of any project sites may occur only upon satisfactory completion of environmental review for each project.

31. Security Documents and Lien Agreements
Prior to the initial disbursement of any HOME funds encumbered by this Agreement, the documents described in this paragraph shall be entered into, executed and, where appropriate, acknowledged and recorded.

The HOME Recipient shall comply with, and fulfill its obligations under, all the applicable documents called for in this Agreement. Any breach or violation by the HOME Recipient or HOME Recipient’s successor in interest of any provision of any of the required documents shall constitute a breach or violation of this Agreement and shall be subject to the remedies provided herein.

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
HOME funds shall be disbursed in the form of loans except for funds disbursed for the purposes set forth in the state HOME Regulations section 8205(c)(2), which shall be provided in the form of a grant.

The HOME Recipient shall ensure that all loans made by the HOME Recipient are evidenced by a HOME Loan Agreement and a promissory note, the repayment of which is secured by a deed of trust to be recorded on the property being assisted, or by other security approved by the Department in writing.

The HOME Recipient agrees that all said documents shall be executed and where appropriate recorded, prior to disbursement of funds to the project and shall contain the applicable minimum affordability period set forth in 24 CFR section 92.252 and section 8208(b) of the state HOME Regulations for rental housing, or 24 CFR section 92.254 and section 8208(c) of the state HOME Regulations for homeownership, as applicable.

32. Audit/Retention and Inspection of Records
A. The HOME Recipient agrees that the Department or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement. The HOME Recipient agrees to provide the Department or its designee with any relevant information requested and shall permit the Department or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with California Government Code section 8546.7. The HOME Recipient further agrees to maintain such records for a period of five (5) years after the Department closes its HUD grant.

NOTE: Record retention is based on the Department’s grant from HUD and the date it is closed by HUD. Therefore, the HOME Recipient shall contact the Department for the specific record retention date for this Agreement.

The HOME Recipient also agrees to include in any contract that it enters into, in an amount exceeding $10,000, a provision establishing the Department’s right to audit the contractor’s records and interview their employees. If the HOME Recipient provides HOME funds to for-profit owners or developers or other entity approved by the Department, the

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
HOME Recipient must have a written agreement that includes a provision for meeting the fiscal and audit requirements of this Section. The HOME Recipient shall comply with the caveats and be aware of the penalties for violations of fraud and for obstruction of investigation as set forth in California Public Contract Code section 10115.10.

B. An expenditure which is not authorized by this Agreement, or which cannot be adequately documented shall be disallowed, and funds must be returned to the Department within sixty (60) calendar days of discovery by the HOME Recipient unless the Department approves in writing an alternate plan.

C. The determination by the Department of the eligibility of any expenditure shall be final.

D. If requested by the Department pursuant to HOME regulation at section 8216 of Title 25 of the California Code of Regulations, the HOME Recipient shall cause a financial audit to be performed by an independent certified public accountant.
1) The HOME Recipient shall notify the Department of the auditor's name and address immediately after the selection has been made. The contract for audit shall allow access by the Department to the independent auditor's working papers.
2) The HOME Recipient shall submit one copy of all required audit reports to the Department within the earlier of thirty (30) calendar days after receipt of the auditor's report or nine months after the close of the required audit period unless a longer period is agreed to in advance by the Department, to:

Department of Housing and Community Development Division of Financial Assistance
P.O. Box 952054
Sacramento, CA 94252-2050
ATTN: HOME Long-Term Monitoring
E. Pursuant to 2 CFR Part 200 Sub-Part F, a HOME recipient who received in excess of $1,000,000 in federal funds annually, shall cause to be performed an annual single or program-specific audit conducted for that year by the close of each fiscal year in which this Agreement is in effect, of the following:

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
1) The financial statements and a schedule of federal awards and the auditor's report on the statements and the schedule; 2) A written report of the independent auditor's understanding of the internal control structure and the assessment of control risk; 3) The auditor's report on compliance; and,
4) Other items as stipulated in 2 CFR Part 200 Sub-Part F.

F. The audit shall be performed by an independent certified public accountant. Selection of an independent audit firm shall be consistent with procurement standards contained in 2 CFR Part 200.

G. The HOME Recipient shall notify the Department of the auditor's name and address immediately after the selection has been made. The contract for audit shall allow access by the Department to the independent auditor's working papers.

H. The HOME Recipient shall submit three copies of all required audit reports to the State Controller's Office within the earlier of thirty (30) calendar days after receipt of the auditor's report, nine months after the end of the required audit period, unless a longer period, is agreed to in advance, to:

State Controller's Office Division
of Audits
Financial Audits Bureau/Single Audits Unit 3301 C
Street, Suite 700
Sacramento, CA 95816
In addition, the HOME Recipient shall submit one copy of the audit report within the same time frame described in this paragraph to:

Federal Audit Clearinghouse
Bureau of the Census
1201 East Tenth Street
Jeffersonville, IN 47132
I. The performance of this Agreement by the HOME Recipient shall be subject to examination and audit by the State Auditor pursuant to California Government Code section 8546.7.

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
J. The HOME Recipient is responsible for the completion of any required audits and all costs of preparing audits.

K. If there are audit findings, the HOME Recipient shall submit a detailed response acceptable to the Department for each audit finding.

L. The HOME Recipient shall retain all books and records relevant to this Agreement for a minimum of five (5) years after the project completion as evidenced by the certificate of occupancy or submittal of the HUDrequired Project Completion Report whichever is later; except that:
1) Records of individual tenant income verifications, project rents inspections shall be retained for the most recent five (5) year period, until five years after the affordability terminates; and 2) Records relating to any and all audits or litigation relevant to this Agreement shall be retained for five (5) years after the conclusion or resolution of the matter. The state, the Bureau of State Audits, and the Department and/or their representatives shall have unrestricted reasonable access to all locations, books, and records for the purpose of monitoring, auditing or otherwise examining said locations, books, and records, with or without prior notice.

33. Signs
During the construction period of a project, the Department may place, or require to be placed, signs on the property stating that the HOME Program is providing financing.

The signs shall indicate in a typeface and size commensurate with its funding that the Department is a source of financing for the project, through the HOME Program.

34. Special Conditions
The HOME Recipient agrees to comply with all conditions of this Agreement including any Special Conditions set forth in Exhibit E, Specific Provisions and Special Terms and Conditions. These conditions shall be met to the satisfaction of the Department prior to Project Set-Up or disbursement of funds, as appropriate.

The HOME Recipient shall ensure that all contractors and/or subcontractors are made aware of and agree to comply with all of the conditions of this Agreement and the applicable federal and state requirements governing the use of HOME funds.

Failure to comply with these conditions may result in cancellation of this Agreement pursuant to the terms hereof.

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026

35. Assignment of Agreement, Assignment of Loan Commitment A. This Agreement shall be binding on the parties hereto, their assigns, successors, administrators, executors, and other representatives.

B. This Agreement represents a commitment of funds for accomplishment of the Work. This commitment of funds shall not be assigned, in whole or in part, by the HOME Recipient or any other entity which, pursuant to the Application or the description of the Work, anticipates receiving any funds encumbered by this Agreement without the prior express written consent of the Department, which may be given, withheld, or conditioned in its sole and absolute discretion.

C. If the HOME Recipient will be the owner during construction of the affordable housing project to be constructed using funds provided pursuant to this Agreement (i.e., the HOME Recipient will be acting as either an “owner” or a “sponsor” in any portion of this Agreement or the completed Project) shall, at a minimum, be conditioned on the following:
1) The HOME Recipient is in compliance with this Agreement. 2) The successor in-interest to the HOME Recipient agrees to unequivocally assume all obligations of the HOME Recipient pursuant to this Agreement and the HOME Program;
3) The successor-in-interest demonstrates to the Department’s satisfaction that it has the capability to own and operate the Project in full compliance with all Program requirements; and
4) Any terms of the sale, transfer, or conveyance will not threaten the Department’s security or the successor-in-interest’s ability to comply with all Program requirements.

D. If the HOME Recipient has or will have a contractual obligation to a property owner, or a lessee under a long-term leasehold, to obtain financing, rehabilitate, or construct an affordable housing project using funds provided under this Agreement (i.e., the HOME Recipient will be acting in the capacity of a “developer” as the term is defined by HUD), Department approval of an assignment of all or any portion of this Agreement including the commitment of funds represented by this Agreement shall, at a minimum be conditioned to the following:

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
1) The HOME Recipient is in compliance with this Agreement. 2) The property owner or lessee demonstrates to the Department’s satisfaction that it has the capability to own and operate the Project in full compliance with all Program requirements.
3) The property owner or lessee agrees to assume all obligations of the HOME Recipient pursuant to this Agreement and the HOME Program which pertain to the ownership and operation of the project, including, but not limited to, execution of security documents and lien agreements; and 4) Any terms of the sale, transfer, or conveyance will not threaten the Department’s security or the property owner’s or lessee’s ability to comply with all applicable HOME Program requirements.

36. Program Income
A. In accordance with 24 CFR section 92.2, Program Income means gross income received by the participating jurisdiction, State recipient, or a subrecipient directly generated from the use of HOME funds or matching contributions. When Program Income is generated by housing that is only partially assisted with HOME funds or matching funds, the income shall be prorated to reflect the percentage of HOME funds used.

B. The retention, use, and disposition of Program Income funds must comply with federal HOME regulations under 24 CFR Part 92 and 25 CCR section 8206.1, as the same may be amended from time to time. Recipients may retain Program Income during the Standard Agreement term if they maintain full compliance with the foregoing HOME requirements and hold these funds in a local bank account.

C. Program Income must be used exclusively for eligible HOME Program Activities identified in this Standard Agreement, except as maybe expressly permitted by the Department in writing. The following requirements apply:
1) Agreement Requirement - Applicants must either have an approved Program Income Standard Agreement or an existing Standard Agreement that explicitly includes provisions for Program Income.

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
2) Reporting Obligation - Recipients are required to submit, using forms provided by the Department, quarterly Program Income reports and an Annual Performance Report (APR) each year.
3) Term - In accordance with 24 CFR section 92.503, Program Income received during the current quarterly reporting period must be timely reported to the Department in compliance with HUD’s reporting requirements. Additionally, Recipients must specify how these funds will be utilized by identifying the eligible program activity and the intended beneficiary type and estimated number of beneficiaries. This ensures the timely and effective use of funds by the Department and timely reporting of the same to HUD.

37. State Contracting Manual Requirements, Version April, 2022 (section

3.11, Federally Funded Contracts (Section Revision, 04/22):

A. All contracts, except for state construction projects that are funded in whole or in part by the Federal government, must contain a thirty (30) calendar day cancellation clause and the following provisions:
1) It is mutually understood between the parties that this contract may have been written for the mutual benefit of both parties before ascertaining the availability of congressional appropriation of funds to avoid program and fiscal delays that would occur if the contract were executed after that determination was made.
2) This contract is valid and enforceable only if sufficient funds are made available to the state by the United States Government for the purpose of this Program. In addition, this contract is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this contract in any manner. 3) The parties mutually agree that if the Congress does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds.
4) The Department has the option to invalidate the contract under the thirty (30) day cancellation clause or to amend the contract to reflect any reduction in funds.

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
B. Exemptions from paragraph A.1 through A.4 above may be granted by the Department of Finance provided that the director of the state agency can certify in writing that Federal funds are available for the term of the contract.

California Government Code section 8546.4(e) provides that state agencies receiving Federal funds shall be primarily responsible for arranging for Federally-required financial and compliance audits, and shall immediately notify the Director of Finance, the State Auditor, and the State Controller when they are required to obtain Federally-required financial and compliance audits.

38. Other Federal Requirements
In accordance with 24 CFR section 92.350, the following additional federal requirements apply:

A. The Drug-Free Workplace Act of 1988 (41 U.S.C. 701, et seq.) and HUD's implementing regulations at 2 CFR Part 2429 are applicable to this Agreement.

B. Homebuyer housing counseling is required by 24 CFR section 92.254(a)(3), and shall be provided by only organizations and counselors certified by the Secretary under 24 CFR Part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x.

39. Compatibility of Program Funds
It is the duty and responsibility of each Applicant to review the provisions, requirements, and limitations of all funding sources applied for and obtained for a particular project, program, or activity in order to ensure that each and every requirement of those funding sources are compatible with all Department program requirements and restrictions.

Incompatibility of funding sources will result in the denial or cancellation of an award or may result in the placement of conditions or limitations on an award, all as determined by the Department in its sole and absolute discretion.

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026

40. False, Fictitious or Fraudulent Claims
Warning: Any person who knowingly makes a false claim or statement to HUD or the Department may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729.

A. Detecting, Preventing, and Reporting Fraud
Fraud is a white-collar crime that has a devastating effect on the HOME program because the HOME program beneficiaries are victims of this crime when the HOME program is abused.

The Department wants to stop any criminal assault on the HOME program it administers, and in doing so all HOME funds go to people it was designed to help and improve their living conditions.

B. Combating Fraud
The U.S. Department of Housing and Urban Development (HUD) Office of Inspector General (OIG) is committed to protecting HUD’s programs, operations, and beneficiaries from dishonest individuals and organizations.

HUD cannot combat fraud alone.

HUD relies on the Department and HOME NOFA applicants to combat HOME program fraud. HUD also relies on applicants for, and people receiving, HUD benefits, such as tenants receiving rental assistance, borrowers with HUD-insured loans, or citizens having their communities restored using HUD grants.

The HUD OIG Hotline number is 1-800-347-3735; this is the primary means to submit allegations of fraud, waste, abuse, mismanagement, or Whistleblower related matters for the HOME program to the Office of Inspector General.

HUD OIG accepts reports of fraud, waste, abuse, or mismanagement in the HOME program from HUD employees, anyone administering the HOME program, anyone working in the HOME program, contractors, and the public.

You can report mismanagement or violations of law, rules, or regulations by HUD employees or program participants. Fraud, Waste and Abuse in the

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
HOME program and its operation may be reported in one of the following four (4) ways:

E-mail to: [email protected]
By Phone: Call toll free: 1-800-347-3735
By Fax: 202-708-4829
By Mail to:

HUD OIG, Office of Investigation
One Sansome Street, Suite 1200
San Francisco, CA 94104
HUD OIG, Office of Investigation
Suite 4070, Regional Office
300 North Los Angeles Street
Los Angeles, CA 90012
(213) 534-2518

41. Whistleblower Protection Act
A. Federal Whistleblower Protection Act (5 U.S.C section 2302(b)(8)) The Federal Whistleblower Protection Act (WPA) protects employees from retaliation for making protected disclosures. The WPA also provides penalties for supervisors who retaliate against Whistleblowers.
1) A disclosure is protected under the WPA if the employee discloses information the employee reasonably believes to be evidence of:
(a) a violation of any law, rule, or regulation,
(b) gross mismanagement,
(c) a gross waste of funds,
(d) an abuse of authority, or
(e) a substantial and specific danger to public health or safety. 2) In general, an employee or applicant may make a protected disclosure to anyone, including non-governmental audiences, unless the information is classified or specifically prohibited by law from release.

Options for making a protected disclosure include:

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
(a) Informing a supervisor or someone higher up in management, (b) Submitting an e-mail complaint to the U.S. Office of Inspector General (OIG) at [email protected],
(c) Filing a complaint with the U.S. Office of Special Counsel (OSC) (OSC) http://www.osc.gov/.

B. The California Whistleblower Protection Act (Title 2, Division 1, Chapter 6.5, Article 3.5, Gov. Code §§ 8548-8548.5)
1) The California Whistleblower Protection Act authorizes the California State Auditor to receive complaints from state employees and members of the public who wish to report an improper governmental activity. An "improper governmental activity" is any action by a state agency or any action by a state employee directly related to state government that:
(a) Violates any state or federal law or regulation, (e.g., Government Code 65302(c)&(g)-(h); Public Resources Code section 71150 et seq.; 71350 et seq.),
(b) Violates an Executive Order of the Governor (e.g., Executive Order N-8-23, N-06-19), a California Rule of Court, or any policy or procedure required by the State Administrative Manual or State Contracting Manual, or
(c) Is economically wasteful or involves gross misconduct, incompetency, or inefficiency. Complaints received by the State Auditor are confidential, and the identity of the complainant may not be revealed without the complainant's permission, aside from to an appropriate law enforcement agency conducting a criminal investigation.
2) There are many ways to file a complaint:
(a) By Telephone
You may call the Whistleblower Hotline at (800) 952-5665 to file a complaint by talking to one of the State Auditor's employees.

The hotline generally is staffed Monday through Friday from 8:00 a.m. to 5:00 p.m. If you call when the hotline is not being staffed, or staff is occupied with other calls, you may leave a

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
voicemail message requesting a return call.
(b) By Mail or Facsimile
You may file a complaint in the form of a letter to the State Auditor addressed as follows:

Investigations
California State
Auditor
P.O. Box 1019
Sacramento, CA 95812
Or you may fax the letter to the State Auditor at (916) 322-2603.

As an alternative, you may complete the electronic version of the complaint form (which is available on the State Auditor website at https://www.auditor.ca.gov/), print it out, and return it by mail or facsimile as stated above.
(c) Online
Although the State Auditor does not accept complaints by email, you may file a complaint online at https://www.auditor.ca.gov/whistleblower/
The State Auditor will not undertake an investigation unless there is a basis for believing that your complaint has sufficient merit to warrant spending resources on an investigation. Your complaint should therefore include:
(i) A clear and concise statement of what you are alleging to be improper activity and why you believe it is improper. (ii) The name or other information that clearly identifies the person you are alleging has acted improperly and
the department where that person works.
(iii) The names and contact information for any witnesses who can confirm the truth of what you are saying.
(iv) Copies of any documents that will support what you

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
are saying. (You should not submit original documents,
as they cannot be returned.)

42. Indemnification
HOME Recipient agrees to defend, indemnify, release, and hold harmless the Department, its agents, officers, attorneys, employees, committees, successors and assignees from any and all claims, liabilities, judgments, damages, losses, attorney fees, expenses, costs, actions, or proceedings threatened, asserted, or brought against any of the foregoing individuals or entities related to or arising from the HOME Recipient’s obligations and activities under this Agreement.

This indemnification shall include, but not be limited to, all damages, liabilities, judgments, claims, costs, expenses, attorney fees or expert witness fees that may be asserted by any person or entity, including the HOME Recipient, except loss or liability suffered by the Department caused solely by the Department’s sole negligence or willful misconduct. If, for any reason any portion of the Agreement is held to be void or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect. The obligations of the HOME Recipient shall be absolute and unconditional and shall survive the construction of the Project and all Department funding.

43. Capacity to Contract
Contractor has the capacity and authority to fulfill the obligations required of it hereunder, and nothing prohibits or restricts the right or ability of Contractor to carry out the terms hereof.

44. Authority to Execute
A. Each person executing this Agreement represents and warrants to the Department that he or she is duly authorized to execute and deliver this Agreement on behalf of the Contractor, and that such authority is evidenced by a binding authorization. The person executing this Agreement, and the Contractor, acknowledgement that the Department is materially relying upon the foregoing representation and warranty in agreeing to enter into this Agreement.

In the event of a defect in any resolution submitted to the Department in connection herewith, then this provision shall be deemed satisfactory and admissible evidence of the authority of the signer to bind Contractor to this

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EXHIBIT D
HOME Investment Partnerships Program (HOME) Program Activities NOFA Date: 12/30/2024 as amended 02/11/2025
Approval Date: 06/23/2026
Prep. Date: 07/14/2026
Agreement and Contractor shall remain fully bound to the terms hereof. In the event the Department determines in its sole discretion that a resolution submitted by the Contractor is deficient in any way, then within thirty (30) calendar days of the Department’s request, Contractor shall resubmit a new resolution which is satisfactory to the Department. Failure by the Contractor to timely provide such resolution to the Department shall constitute a default under this Agreement.

B. Authorized Signatory for Contracts involving a City Jurisdiction Recipient:

Pursuant to California Government Code sections 40601 and 40602, the Mayor or Mayor pro tempore sign any written contracts and conveyances made or entered into by the city, unless the city has an ordinance in effect that specifically allows or designates contracts to be signed by an officer other than the mayor or mayor pro tempore.

Accordingly, if the city does not have a city ordinance described above, then the Department requires that the Mayor or Mayor pro tempore sign this Agreement as the authorized signer for the city and provide to the Department a resolution from the City Council authorizing the mayor to sign this Agreement and related documents on behalf of the city. The mayor or mayor pro tempore may not delegate to a third party his or her authority to sign documents unless there is a city ordinance in effect that expressly authorizes such delegation and a duly authorized resolution reflecting such delegation is provided to the Department. If the city does have an ordinance as described above, the Department requires the city to provide a copy of such ordinance, as well as a resolution that indicates the name and title of the city official(s) authorized to sign this Agreement and related documents.

All resolutions required by this section must be in form and content acceptable to the Department.

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City Council
October 21, 2026

STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Brian Tully, Chief of Police
Subject: Approve the purchase of Fitness Equipment for the new Indio Police Department Headquarters Gym for a not-to-exceed amount of $204,897.20 RECOMMENDATION:

1. That the City Council approve purchase and installation of new exercise and fitness equipment for the new Indio Police Department headquarters gymnasium, from Life Fitness LLC and BeaverFit for a not-to-exceed amount of $204,897.20 by utilizing the Sourcewell Government Contracts (Sourcewell) #052324-LFF and #101625-BFT.

2. Authorize the City Manager to execute Advanced Exercise Proposal No. 094670-R0 and any related purchase order.

SUMMARY:

The City of Indio is advancing the development of its new Indio Police Department headquarters.

The Indio Police Department headquarters is intended to provide a modern facility that supports police operations, personnel, and community engagement. Planned amenities include locker rooms, offices, workstations, meeting spaces, and a designated gym and training area. Staff recommends that the City Council approve the purchase and installation of the exercise and fitness equipment from Life Fitness LLC and BeaverFit through the Sourcewell Government Contracts #052324-LFF and #101625-BFT for a not-to-exceed amount of $204,897.20.

BACKGROUND INFORMATION:

Staff coordinated with Life Fitness LLC and BeaverFit approved Sourcewell Vendors, that have been vetted through a competitively solicited procurement process for a proposal to deliver and install exercise and fitness equipment for the new Indio Police Department headquarters.

The inclusion of a gym and training area provides an opportunity to establish a dedicated fitness space for police personnel. Law enforcement duties can involve physically demanding activities, extended shifts, and unpredictable operational requirements. Access to appropriate fitness equipment can help personnel maintain physical conditioning, strength, endurance, mobility, and overall readiness for duty.

To furnish the fitness area, the Indio Police Department proposes purchasing commercial-grade gym and fitness equipment, including cardiovascular machines, strength-training equipment, free weights, benches, functional training accessories, and related equipment.

AGENDA ITEM #10.9
Approve the purchase of Fitness Equipment for the new Indio Police Depar... Page 168 of 373 Pursuant to City Policy and Procedure § 33.116 PURCHASING POLICIES AND GUIDELINES, an exception may be made to the standard purchasing procedures for cooperative purchasing. The Purchasing Policy states that “The Finance Director or his or her designee shall have the authority to join with other public jurisdictions in cooperative purchasing agreements. The Finance Director or his or her designee may also buy directly from a vendor at a price established by competitive bidding by another public jurisdiction in substantial compliance with this policy, even if the city has not
joined with that public agency in a formal agreement. The Finance Director or his or her designee may also purchase from the United States of America or any state, municipality or other public corporation or agency without following formal purchasing procedures as defined in this policy.” Sourcewell is a national cooperative purchasing program that the city has used in the past, therefore, Sourcewell is recommended for this procurement.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$204,897.20 In current year budget: Yes
Current FY General
Fund Impact:

N/A Budget adjustment: No
Next FY Financial
Impact:

N/A Strategic Objective: Public Safety
Source of funds: CIP-BD2501 Fund-Org-Object
Reference:

CIP-BD2501-331-555005
Additional Financial Details:
(Police Department Admin Building) CIP-BD2501-331-555005 ATTACHMENTS:

Attachment 1 - Proposal for Exercise and Fitness Equipment Attachment 2 - Fitness Design Concept
APPROVAL(S):

Brian Tully, Chief of Police Approved - 13 Oct 2026
Ruby D. Walla, Director of Finance Approved - 14 Oct 2026 Steven Graham Pacifico, City Attorney Approved - 15 Oct 2026 Jonathan Nicks, City Manager Approved - 15 Oct 2026

Approve the purchase of Fitness Equipment for the new Indio Police Depar... Page 169 of 373 Prepared for
Indio Police Department
by
Casey Corrigan
October 13, 2026

Approve the purchase of Fitness Equipment for the new Indio Police Depar... Page 170 of 373 Advanced Exercise is among the largest full-service fitness solutions firms in the nation, providing clients with a full spectrum of expert products and services from industry-leading companies.

From the flooring on up, community Health & Fitness has never been more important. Accessibility to exercise facilities, both indoors and outdoors, is crucial for community engagement.

That’s what we do. As industry leaders, dedicated to creating fitness & wellness spaces for communities of all types, it’s time to advance.

Advanced Exercise fitness design and equipment specialists are part of a national network that supports clients and projects across the U.S. Founded in 1986 and headquartered in Colorado, the Advanced Exercise team is over 45 consultants strong, with offices in 18 states.

The breadth and depth of industry experience across the Advanced Exercise team is second-tonone, sought after to serve and support clients anywhere in the country.

Approve the purchase of Fitness Equipment for the new Indio Police Depar... Page 171 of 373 Advanced Exercise has a long-standing, exclusive partnership with the leading commercial fitness equipment company in the world:

Our vendor portfolio extends far beyond the Life Fitness family of products and also includes companies like Spirit, ECORE, Tuff Stuff, Troy, TRX, Body Solid, Echelon, Octane, Wellbeats, Expresso, Power Plate, Iron Grip, Therabody, Furniture For Life, BeaverFit USA, Cascade, and many more. 2D and 3D Facility Design
Equipment Recommendations
Finance Options
Extended Warranties
Delivery and Installation
Trade-in Programs
Product Training
Service and Maintenance

FULL-SERVICE SUPPORT

Approve the purchase of Fitness Equipment for the new Indio Police Depar... Page 172 of 373 MULTI-FAMILY:

COUNTRY CLUBS:

COLLEGE REC: MUNICIPAL RECREATION:

SENIOR LIVING:

HOSPITALITY:

CORPORATE:
• Apec Centre (TX)
• Provo Rec (UT)
• City of Moore (OK)
• Batesville Rec (AR)
• Denver Parks and Rec (CO)
• Tumbelweed Rec (AZ)
• Center of Clayton (MO)
• City of Olathe Rec (KS)
• Nevada West
• The Wolff Company
• Lennar
• Carmel Partners
• AG Spanos
• Bomasada Development
• Bridge Properties
• San Diego State University
• UNLV
• Weber State
• Arkansas State
• University of Tulsa
• Welk Resorts (CA)
• Montage Deer Valley (UT)
• Resorts World (NV)
• Ritz Carlton (CO)
• The Lodge at Torrey Pines (CA)
• Fairmont Scottsdale Princess (AZ)
• Bishops Lodge Ranch Resort (NM)
• Blessing Country Club (AR)
• Boulder Country Club (CO)
• Arizona Country Club (AZ)
• Moraga Country Club (N. CA)
• Kansas City Country Club (MO)
• Black Hawk Golf Club (TX)
• Hillcrest Country Club (S. CA)
• Shady Canyon Country Club (S. CA)
• Hunters Ridge Country Club (FL)
• Red Bull (CA)
• Warner Brothers (CA)
• Go Daddy (AZ)
• Arrow Electronics (CO)
• Walmart Corporate (AR)
• Nevada Beverage (NV)
• Devon Energy (OK)
• Northrop Grumman (UT)
• Gulf State Toyota (TX)
• Petco (CA)
• Vi Living
• Wolff Revel
• Balfour Senior Living
• Greystar Senior Living
• Kisco Senior Living
• Discovery Senior Living
• Integral Senior Living

REFERENCES
• UCLA
• Arizona State
• University of Oklahoma
• Utah Valley University
• Cerritos College
• Kansas State
• University of New Mexico
• University of Colorado
PLANNED COMMUNITIES:
• Taylor Morrison
• Pulte Del Webb
• Cal-Am Properties
• Toll Brothers
• Robson Communities
• Pelican Bay Communities
COLLEGE ATHLETICS:

Approve the purchase of Fitness Equipment for the new Indio Police Depar... Page 173 of 373 Commercial Fitness Consultant ACCESSORRIES STRENGTH EQUIPMENT CARDIO EQUIPMENT C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
C11
C12
C13
S1
S2
S3
S4
S5
S6
S7
S8
S9
S10
S11
S12
S13
S14
S15
S16
S17
S18
S19
S20
S21
S22
S23
S24
S25
A1
A2
A3
A4
A5
A6
A7
A8 *Measurements are approximate. Dimensions to be verified in field. This drawing is not to be used for construction.

Indio Police Department V1.0
Fitness Rooms
Casey Corrigan
[email protected]
01/24/2026
951.370.0322
SCALE: 1/8" = 1' 0"
Pull Up Bar
TRX Straps
Plyo Boxes
Sled
Acc Storage
Shred Shed
Leg Ext/ Curl
Utility Bench
Half Rack
Lat Pulldown
Adj. Cable
Low Row
Bar Rack
Dumbbell Rack
Adjustable Bench
Treadmill
Elliptical
Rower
Air Bike
Recumbent Bike
Indio Police Department
0 ft. 6 ft. 10 ft. 20 ft.

Stair Climber
Roll Up Door
C1
C2
C3 C4
C5
C6
S1
S2
S3
S5
S6
S7
S7
Storage
S8
A1 A2
A3
A4
Shred
Shed
S11 ADA
Roll Up Door
C1
C2
S4
S9
S9 22' 1 7/9" 38' 7 1/6"
54' 6 5/8"
Leg Raise/ Dip
S10 Mats
S12 Page 7 of 42 AGENDA ITEM #10.9
Approve the purchase of Fitness Equipment for the new Indio Police Depar... Page 174 of 373 1 SHRED SHED | OUTDOOR TRAINING

THE BEAVERFIT SHRED SHED
is the only American-made outdoor fitness solution
that combines secure storage, versatile training
capabilities, custom colors and branding in one
durable, weatherproof design.
| PRODUCT HIGHLIGHTS
■ FREESTANDING - NO ANCHORING REQUIRED
■ SECURE, EASY-ACCESS STORAGE

WITH INTEGRATED ROLL-UP DOORS
■ SUPERIOR WEATHERPROOFING
(HOT-DIP GALVANIZED + POWDER COATED)
■ CUSTOM COLORS + BRANDING
■ ULTRASTABLE PATENTED DESIGN
(3” X 3” 7-GAUGE STEEL TUBING)
■ MODULAR DESIGN TO FIT YOUR SPACE

AND PERFORMANCE NEEDS
[email protected]

BENEFITS

OF CREATING OUTDOOR

TRAINING SPACE
Expand access to strength +
functional training
Maximize underutilized outdoor areas
Grow without costly indoor expansion
Create a standout, branded
fitness space
Meet demand for outdoor training

Approve the purchase of Fitness Equipment for the new Indio Police Depar... Page 175 of 373 2 SHRED SHED | OUTDOOR TRAINING
| STANDARD CONFIGURATIONS

DUAL-RIG TRI-RIG QUAD-RIG - ALL SIDES

QUAD-RIG

OPPOSITE SIDES
16’ MODULAR RIG

CONNECTED
STORAGE ONLY 10’ MODULAR RIG
4’ 4’
8’9”
4’
4’
15’
8’9”
4’7” 12’ 8’ 12’
9’5”
12’
12’
4’7”
20’
12’
32’
9’5”
9’5”
8’9”
9’5”

Approve the purchase of Fitness Equipment for the new Indio Police Depar... Page 176 of 373 3 SHRED SHED | OUTDOOR TRAINING

STORAGE
COMPONENT: QTY:

BUMPER PLATE CADDY W/ DIVIDERS 2
UNIVERSAL SHELVES WITH LINER 4
MOLLE PANEL WALL PLATES 2
MOLLE PANEL SHELF PLATE 2
J-SLOT STORAGE CHANNELS 2
STORAGE TRAYS 2
BENCH STORAGE HANGER 1
BARBELL STORAGE HANGER 4
| STORAGE + ACCESSORIES

PULL-UP BARS ROLL-UP DOORS

INTEGRATED STORAGE

LIFTING

STATIONS
+ J-CUPS

CORROSION-RESISTANT

ALUMINUM PANELS
GALVANIZED +

POWDER-COATED
STEEL
| TRAINING FEATURES

DIP BARS

GRAPPLER /

LANDMINE

ADJUSTABLE

FOOTPLATES

WALL BALL

TARGETS

ACCESSORIES
COMPONENT: QTY:

FREEWEIGHT
BEAVERFIT CERAKOTE BARBELL 15KG 1
BEAVERFIT CERAKOTE BARBELL 20KG 4
LOCKJAW BARBELL COLLARS 5
WEIGHT BENCH 1

BEAVERFIT BUMPER PLATE SINGLES
(10, 15, 25, 45 LB) 32

BEAVERFIT KETTLEBELLS
(12, 18, 24 KG) 6

YBELL NEO
(6, 8, 10, 12 KG) 8

BEAVERFIT D-BALL MEDICINE BALLS
(14, 16, 20 LB) 3

CONDITIONING
TRX COMMERCIAL SUSPENSION TRAINER 2
BATTLE ROPE 30FT 1
JUMP ROPE 4
AGILITY CONES 20 PACK 1

MOBILITY
MOBILITY BANDS 4
RECOVERY (LACROSSE) BALL 2
FOAM ROLLER/STICK COMBO 2

TRAINING ESSENTIALS
REFILLABLE CHALK BALLS (2-PACK) 1
12" WHITEBOARD 1
DRY ERASE MARKERS SET 1

ATTACHMENTS
ATTACHMENT 2RIG 3RIG 4RIG
J-CUPS 2 3 4
DIP BARS 1 1 2
GRAPPLER/LANDMINE 1 1 2

BATTLE ROPE
ATTACHMENT 1 1 1
WALL BALL TARGET 1 1 2

Approve the purchase of Fitness Equipment for the new Indio Police Depar... Page 177 of 373 4 BEAVERFITUSA.COM
CONTACT US FOR MORE PRODUCT INFORMATION:

[email protected] © 2025 BeaverFit North America, LLC. All rights reserved. All other trademarks referenced are trademarks of their respective owners. 250038-01 04/25. For a detailed description of BeaverFit intellectual property and patents, please visit beaverfitusa.com/innovation.

Custom colors and selecting more than two
colors will increase cost and lead times.

If installing outdoors in non-covered area directly
exposed to sunlight, it is recommended to avoid
using reds, yellows and blues as they show
the greatest color change over time.

COLORS
Customize the colors of the Shred Shed panels,
rigging, pull-up bars and attachments.

LOGO UPGRADE PACKAGE
Logos are printed using 3M outdoor specific
vinyl and installed by a 3M certified installer
to ensure the longevity of the logo.

BeaverFit requires a high resolution vector file:
.AI file, .eps file or PDF at 300dpi resolution.

STANDARD BEAVERFIT POWDER COAT COLORS
RAL 1018
RAL 3020
RAL 6005
RAL 9003
RAL 2000
RAL 5002
RAL 6024
BeaverFit
Gray
RAL 2004
RAL 5005
RAL 7004
BeaverFit
Black
RAL 3000
RAL 5015
RAL 7047
BeaverFit
White
BASE COLOR:

SHRED SHED + ATTACHMENTS
ACCENT COLOR:

RIG + ROOF COLOR

PROUDLY
BUILT+BRANDED

IN THE USA
SHRED SHED | OUTDOOR TRAINING
| MAKE IT YOUR OWN

Approve the purchase of Fitness Equipment for the new Indio Police Depar... Page 178 of 373 The Integrity SL console offers both an intuitive
exerciser experience combined with the level of digital connection that users have come to expect.

RETHINK LED

SL CONSOLE
LED consoles don’t have to be
a commodity. Life Fitness has
incorporated advancements in
exerciser interaction, like Apple
GymKit technology and Bluetooth®
connection, and built them into the
LED platform.

LED EVOLUTION
Facilities can set preventive
maintenance metrics and be
alerted with an on-console service
notification. Additional features
help service techs diagnose and
remedy any issues.

SERVICE AND MAINTENANCE

MADE EASY
Facilities benefit from a fresh,
modern look that used to be
reserved for more premium
consoles. We took time to craft a
console that’s more aesthetically
pleasing than other LEDs.

AN LED CONSOLE

WITH AESTHETICS

Approve the purchase of Fitness Equipment for the new Indio Police Depar... Page 179 of 373

SL CONSOLE
Quick speed and
incline keys*
Apple Watch®
connects by tapping
the lower right corner
of the console
CSAFE Port - Ease of installing CSAFE
compatible devices like MYE
Up to 22
workouts available
Seamlessly connect to the free-to-download
Life Fitness Connect app for workout
tracking on and off Life Fitness equipment.

Sleek, modern design
A USB port can be used to charge
devices and update software.

Retractable doors prevent liquid from
corroding USB and headphone ports.

Bluetooth® connection to
headphones and heart rate straps.

Integrated TV controls
*Quick keys are on treadmill console only

SL CONSOLE

CONSOLE SPECIFICATIONS
Display LED or LCD
Wireless connectivity •
USB charging port •

3.5mm headphone jack •
Software updates (wireless or USB) •
Device holder/reading rack •

DISPLAY SPECIFICATIONS
Language choices
LED
11 software
languages
7 overlay
languages
LCD*
7 software
languages
3 overlay
languages
Display:

Treadmill: Calories, Distance,
Incline, Time Elapsed, Time
Remaining, Speed, Pace, Average
Heart Rate
Elliptical Cross-Trainer and Bikes:

RPM, Speed, Calories, Distance,
Time Remaining, Time Elapsed,
Level, Watts, Heart Rate
PowerMill Climber: Feet Climbed,
Total Steps, Calories, SPM, Time
Remaining, Time Elapsed, Level,
Floors Climbed, Heart Rate
Arc Trainer: SPM, Speed, Calories,
Incline, Time Elapsed, Time
Remaining, Level, Watts, Distance,
Heart Rate
•
•
•
•

DEVICE CONNECTIVITY
Apple GymKit, Bluetooth® audio,
BLE, ANT+, NFC and Polar •

HEART RATE MONITORING
LifePulse Digital Heart Rate
Monitoring with DSP (Digital Signal
Processing)
•
Polar •

DIGITAL SOLUTIONS
Halo Facility asset management
Life Fitness Connect App •

WORKOUTS
Treadmill 22 total workouts
Cross-Trainer 18 total workouts
Bikes 17 total workouts
PowerMill 17 total workouts
Arc Trainer 15 total workouts

BASE COMPATIBILITY
Simple Base •
Deluxe Base •

ENTERTAINMENT
Attachable TV (optional) •
MYE compatible •

WARRANTY
2 year warranty •
Key: Standard • Optional •

BASE OPTIONS

DELUXE BASE
24" handrails
Chest strap compatible
Remote resistance (NTs)
Remote speed and incline (Treadmill only)
Aluminum side rails
Aluminum end caps
Stride sensor standard

SIMPLE BASE
16" handrails
Polymer end caps
Available in Arctic Silver frame color
Shown: Life Fitness Integrity Treadmills
Arctic Silver Diamond White1 Titanium Storm1 Black Onyx1 AVAILABLE FRAME COLORS:

LifeFitness.com
© 2020 Life Fitness, LLC. All Rights Reserved. Life Fitness, Hammer Strength, Cybex, ICG and SCIFIT are registered trademarks of Life Fitness, LLC and its affiliated companies and subsidiaries. Brunswick and related trademarks used under license from Brunswick Corporation. Apple Watch is a registered trademark of Apple Inc. Bluetooth is a registered trademark of Bluetooth SIG, Inc. PM-04-20 (05.21) *LCD variation is only available in specific languages. 1Diamond White, Black Onyx and Titanium Storm frame colors available on Deluxe base only.

advancedexercise.com | 861 SouthPark Drive #100, Littleton, CO 80120 | 800.520.1112 Page | 1 of 17

CARDIO EQUIPMENT
Model Brand Description Specifications Unit Price Qty Total Ext INPM-SL-XF-13 Life Fitness PowerMill with SL
Console
•SL LED Console
•Bluetooth Connectivity
•WiFi, ANT+ & NFC Compatible
•Connects to Apple Watch
•Step dimensions 205 sq in - 20.75" W x

9.875" L x 10.5" H
•Motor: 3HP; AC motor with MagnaDrive
motor controller
•Resistance levels 0-25
•Max user weight 400 lbs
•Unit weight 473 lbs
•55.92" L x 32.81" W x 82.3" H
8,651.30 2 $17,302.60
INT-SL-XF-14 Life Fitness Integrity+ Treadmill with
SL Console
•SL LED Console
•Bluetooth Connectivity
•WiFi, ANT+ & NFC Compatible
•Connects to Apple Watch
•0.5-14 mph 0%-15% incline
•4.0 H.P AC peak performance motor
•DX3 deck and belt system with
Flexdeck
•60" x 22" running surface
•82"L x 36"W x 56"H
•120V dedicated 20 amp NEMA 5-20R
required
7,209.30 2 $14,418.60
INX-SL-XF-13 Life Fitness Integrity+ Elliptical CrossTrainer with SL Console •SL LED Console
•Bluetooth Connectivity
•WiFi, ANT+ & NFC Compatible
•Connects to Apple Watch
•Resistance levels 0-25
•20" ergonomic fixed stride
•Generator drive system
•Oversized 15" pedals
•86""L x 29" W x 64" H
•120V 20A outlet
5,767.30 1 $5,767.30

CONSULTANT
Casey Corrigan
[email protected]
Phone: 951.370.0322
Fax: 720.407.4026
Date: October 13, 2026
Quote Expires: 60 day(s)
Proposal # 094670-R0

BILL TO
Indio Police Department
46800 Jackson St
Indio, CA 92201

SHIP TO
Indio Police Department
46800 Jackson St
Indio, CA 92201
Ryan Kitchens
760-501-1820
[email protected]

Approve the purchase of Fitness Equipment for the new Indio Police Depar... Page 182 of 373 Proposal # 094670-R0
Page | 2 of 17
INR-SL-XF-13 Life Fitness Integrity+ Recumbent
Lifecycle Bike with SL
Console
•SL LED Console
•Bluetooth Connectivity
•WiFi, ANT+ & NFC Compatible
•Connects to Apple Watch
•Resistance levels 0-25
•Generator drive system
•Self-leveling Wide Ride pedals
•Comfort Curve seat w/lumbar support
•67" L x 51.5" W x 54.5" H
•120V 20A outlet
4,036.90 1 $4,036.90
PRF-ROW-LCD01Life Fitness Heat Row •Air/Magnetic resistance •100 resistance levels
•Quick-release ratchet foot straps
2,339.25 1 $2,339.25
PT-AB-01 Life Fitness HD AirBike •Heavy Duty Dual Action Air Bike •Multi Grip Handles
•LCD Console with Wireless Heart Rate
•Adjustable Fore and Aft Seat
•Adjustable Airguard
•Belt Drive System
•Transport Wheels
•41.5" L x 24.5" W x 54.5" H
•Machine Weight: 169lbs.
2,010.00 1 $2,010.00

STRENGTH EQUIPMENT
Model Brand Description Specifications Unit Price Qty Total Ext LBR-LD Life Fitness Leg Raise/Dip •Oval steel tubing
•Contoured cushions with molded foam
•Includes a step for easy entry/exit
•10 Degree reclined position
•Angled elbow pads
•Max user weight 300 lbs
•Machine weight 137 lbs
•Dimensions: 41.4"L x 29"W x 105.4"H
1,318.40 1 $1,318.40
OP-SLCE Life Fitness Axiom Seated Leg
Curl/Extension
•11-gauge oval tubing steel frames
•Low Profile 53 inch tower height
•Solid Steel Weight stacks with 7.5 lb
drop down increment weight
•Placards with QR code/ NFC Chip, for
product usage instructions
•Integrated storage in Tower top cap
•Includes rear shroud
•Optional front shroud (not included)
•Weight 601 lbs
•Dimensions: 70"x46"x53"
4,202.40 1 $4,202.40
OP-SHR Life Fitness Axiom Front Shroud
Option
•Front Weight Stack Shroud 260.00 1 $ 260.00

Approve the purchase of Fitness Equipment for the new Indio Police Depar... Page 183 of 373 Proposal # 094670-R0
Page | 3 of 17
ELT-HR-STRD Hammer
Strength
HD Elite iD Standard Half
Rack
•3" x 3" 7 Gauge American Steel
•8ft Tall Uprights
•3 Handle Pull Up Bar
•Hanging 2 Bar Storage & Storage
Hooks
•Premium Bar Supports & Bar Catches
•3pr Standard Weight Horns
•2pr XL Weight Horns
•Dock n Lock Ready
•21" Single Storage Depth
•Custom Sign Compatible
•Includes Hammer Strength Sign
•Includes Stabilty Feet
•Requires bolt to floor unless stability
feet are utilized
4,745.60 1 $4,745.60
SSM Life Fitness Smith Machine •Oval frame 11-gauge tubing with powder coat finish
•7-degree bar angle
•Fully enclosed linear bearings
•Counterbalanced starting weight of 20lb.
•Bench Sold Separately
•Machine Weight: 580lb.
•Dimensions: 49”L x 87”W x 93”H
5,821.60 1 $5,821.60
FW-D2 Hammer
Strength
Dumbbell Rack - Double
Tier
•Angled trays with saddle for each
dumbbell
• Pinch free design
• Holds 10 pair of round head dumbbells
• 11-gauge steel frame with powder coat
finish
• Made in USA
• Machine Weight: 155 lb.
• Dimensions: 90”L x 24” W x 32” H
1,421.20 2 $2,842.40
FWMAB Hammer
Strength
Multi-Adjustable Bench •Adjusts in 8 different positions from 0-80 degrees
•Seat automatically adjusts with back
pad adjustment
•11-gauge steel frame with powder coat
finish
•Wheels with transportation handle
•Made in USA
• Machine Weight: 115 lb.
•Dimensions: 55”L x 26” W
1,501.10 2 $3,002.20
FW-BAR Hammer
Strength
Barbell Rack •Holds 10 fixed Barbells
• Zinc coated bolt-on racking system
protects frame
• 11-gauge steel frame with powder coat
finish
• Made in USA
• Machine Weight: 142 lb.
• Dimensions: 31”L x 28” W x 60” H
1,244.40 1 $1,244.40

Approve the purchase of Fitness Equipment for the new Indio Police Depar... Page 184 of 373 Proposal # 094670-R0
Page | 4 of 17
LBR-UB Life Fitness Utility Bench •Oval frame 11-gauge tubing with powder coat finish
•Contoured cushions with molded foam
• Low seat height for maximum stability
and comfort
•80-degree back pad angle
•Machine Weight: 50 lbs
•Dimensions: 28”L x 36”W x 36”H
698.40 1 $ 698.40
LPP-CORE Life Fitness LF PWR Play Core •Each Core Station requires 3 weight stack stations or must be bolted to floor
•11-gauge steel frame
•Electrostatic powder coat finish
•Use as central connection point for
PWR Play stations
•Can add up to 4 training stations per
Core
•Weight 225lbs
• Dimensions: 32.1”L x 31.2”W x 94”H
1,847.20 2 $3,694.40
LPP-SX Life Fitness LF PWR Play Core
Connector - Accessory
Storage
•11-gauge steel frame
•Electrostatic powder coat finish
•Connects to 2 Cores
•Med Ball/Slam Ball specific storage
•Flat rubber over molded trays
•Weight 150lbs
•Dimensions: 37”L* x 11.7”W x 83.6”H
(*Length beyond the Core)
1,343.20 1 $1,343.20
LPP-AD Life Fitness LF PWR Play Adjustable
4:1 Dynamic Cable
•11-gauge steel frame
•Electrostatic powder coat finish
•Connects to a Core
•Optional full front weight stack shrouds
•Solid steel weight plates
•User weight rating 300lbs
•Carriage adjusts from 7” to 76” above
the floor
•Carriage swivels 165 degrees
•4:1 cable ratio
•Accessories: 1 short handle, 1 long
handle, 1 ankle strap
•Standard weight stack 392.5lbs
•Effective user resistance 98.125lbs
•Weight 460lbs
•Dimensions: 19.8”L* x 14.3”W x 92”H
(*Length beyond the Core)
3,191.20 2 $6,382.40
LPP-PD Life Fitness LF PWR Play Pulldown •11-gauge steel frame •Electrostatic powder coat finish
•Connects to a Core
•Optional full front weight stack shrouds
•Solid steel weight plates
•User weight rating 300lbs
•Adjustable knee hold down pad
•Accessories: 1 lat bar
•Standard weight stack 257.5lbs
•Effective user resistance 257.5lbs
•Weight 340lbs
•Dimensions: 35.9”L* x 54”W x 92”H
(*Length beyond the Core)
2,771.20 1 $2,771.20

Approve the purchase of Fitness Equipment for the new Indio Police Depar... Page 185 of 373 Proposal # 094670-R0
Page | 5 of 17
LPP-RW Life Fitness LF PWR Play Row •11-gauge steel frame •Electrostatic powder coat finish
•Connects to a Core
•Optional full front weight stack shrouds
•Solid steel weight plates
•User weight rating 300lbs
•Accessories: 1 row handle
•Standard weight stack 257.5lbs
•Effective user resistance 257.5lbs
•Weight 360lbs
•Dimensions: 73”L* x 26.6”W x 92.1”H
(*Length beyond the Core)
2,771.20 1 $2,771.20
SMSS-CORE Life Fitness Signature Modular
Storage System - Core
•Weight: 80 lbs (36 kg)
•Depth 27.3" x 53.5" x 73" (69 x 136 x
1856 cm)
988.00 1 $ 988.00
SMSS-DB Life Fitness Dumbbell Shelf •Ideal for hex/non-rolling dumbbells •Per shelf capacity:
•4 pairs: 5lb - 20lb
•3 pairs: 25lb - 35lb
•3 pairs 40lb - 50lb
•Shelf can be positioned forwards or
backwards, flat or angled (15 degrees)
•Usable space: 46" x 16" (116 cm x 41
cm)
459.20 2 $ 918.40
SMSS-ACT Life Fitness Accessory Shelf •Ideal for general accessory storage including Kettlebells, slam bags,
hex/non-rolling dumbbells, med balls,
wall balls, foam rollers, etc.
•Usable flat surface space: 46" x 13"
(116 cm x 33cm)
459.20 1 $ 459.20
SMSS-DR Life Fitness Dual Rail Shelf •Ideal for ball storage •5.75” (15 cm) between rails
287.20 1 $ 287.20
SMSS-SIDEMATLife Fitness Mat Storage •Can hold up to 6 mats up to 67" (170 cm) in length
•4" (10 cm) long pegs are adjustable to
accommodate eyelet spacing of 14" -
21" (36 cm - 55 cm)
230.40 1 $ 230.40

Approve the purchase of Fitness Equipment for the new Indio Police Depar... Page 186 of 373 Proposal # 094670-R0
Page | 6 of 17
SMSS-SBS Life Fitness Stability Ball Shelf •Holds two 55 cm stability balls comfortably
•Can hold one 55 cm and one 65 cm
stabilityball or single 75 cm stability ball
206.40 1 $ 206.40

FREE WEIGHTS
Model Brand Description Specifications Unit Price Qty Total Ext HS-DB-2100-02 Hammer
Strength
Hammer Dumbbell Set 5-
50LB,Urethane,4sided
• 4,505.40 1 $4,505.40
HS-DB-2100-03 Hammer
Strength
Hammer Dumbbell Set 55-
75LB,Urethane,4sided
• 4,409.10 1 $4,409.10
HS-DB-2100-04 Hammer
Strength
Hammer Dumbbell Set 80-
100LB,Urethane,4sided
• 5,367.60 1 $5,367.60
HS-BB-3200-02 Hammer
Strength
Hammer Barbell, Straight,
Set 20-110LB,PU,4sided
• 5,214.60 1 $5,214.60

Approve the purchase of Fitness Equipment for the new Indio Police Depar... Page 187 of 373 Proposal # 094670-R0
Page | 7 of 17
HS-OP-1000-01 Hammer
Strength
Hammer Strength 12
Sided Olympic Urethane
Plate 45lb
•Precision Machined and Chamfered
Hold
•Opposing Dual Handles
•Overmolded with US Made Urethane
243.90 6 $1,463.40
HS-OP-1001-01 Hammer
Strength
Hammer Strength 12
Sided Olympic Urethane
Plate 35lb
•Precision Machined and Chamfered
Hold
•Opposing Dual Handles
•Overmolded with US Made Urethane
189.90 4 $ 759.60
HS-OP-1002-01 Hammer
Strength
Hammer Strength 12
Sided Olympic Urethane
Plate 25lb
•Precision Machined and Chamfered
Hold
•Opposing Dual Handles
•Overmolded with US Made Urethane
135.00 4 $ 540.00
HS-OP-1003-01 Hammer
Strength
Hammer Strength 12
Sided Olympic Urethane
Plate 10lb
•Precision Machined and Chamfered
Hold
•Opposing Dual Handles
•Overmolded with US Made Urethane

55.80 4 $ 223.20
HS-OP-1004-01 Hammer
Strength
Hammer Strength 12
Sided Olympic Urethane
Plate 5lb
•Precision Machined and Chamfered
Hold
•Overmolded with US Made Urethane

27.90 4 $ 111.60

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Page | 8 of 17
HS-BP-2001-01 Hammer
Strength
Hammer Strength
Premium Rubber
Encased Bumper Plate 45
lb (Blue)
•High Grade Steel
•Hard Chrome Plated
•Made with Premium Rubber
270.90 6 $1,625.40
HS-BP-2002-01 Hammer
Strength
Hammer Strength
Premium Rubber
Encased Bumper Plate 35
lb (Yellow)
•High Grade Steel
•Hard Chrome Plated
•Made with Premium Rubber
225.00 4 $ 900.00
HS-BP-2003-01 Hammer
Strength
Hammer Strength
Premium Rubber
Encased Bumper Plate 25
lb (Green)
•High Grade Steel
•Hard Chrome Plated
•Made with Premium Rubber
189.90 4 $ 759.60
HS-BP-3005-01 Hammer
Strength
Hammer Standard
Bumper,10LB,Rubber,Bla
ck
• 50.40 4 $ 201.60
HS-OB-3000-01 Hammer
Strength
Hammer Strength 29mm
Gym Bar Chrome Mix
Bearing 20kg
•Power Lifting Bar
•Chrome Finish
•Made in USA
816.30 1 $ 816.30
HS-OB-4002-01 Hammer
Strength
Hammer Strength 25mm
Olympic Bar Chrome
Bushing 15kg
•Competition Grade Bar
•Chrome Finish
•Made in USA
570.60 1 $ 570.60
PR2-BLK Avus
Designs
Lock-Jaw Pro2 Barbell
Collar (Black)
•2" Olympic Barbell Collar
•Rubber Protective Lining
•Lever and Lock Tab for Secure Lock
•For Use with Olympic Lifts

42.00 6 $ 252.00

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Page | 9 of 17
LF-KB-1120-01 Life Fitness Kettlebell 10Lb, Rubber,
Stainless Handle
• 88.20 1 $ 88.20
LF-KB-1122-01 Life Fitness Kettlebell 15Lb, Rubber,
Stainless Handle
• 99.00 1 $ 99.00
LF-KB-1124-01 Life Fitness Kettlebell 20Lb, Rubber,
Stainless Handle
• 114.30 1 $ 114.30
LF-KB-1125-01 Life Fitness Kettlebell 25Lb, Rubber,
Stainless Handle
• 126.90 1 $ 126.90
LF-KB-1126-01 Life Fitness Kettlebell 30Lb, Rubber,
Stainless Handle
• 141.30 1 $ 141.30

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Page | 10 of 17
LF-KB-1127-01 Life Fitness Kettlebell 35Lb, Rubber,
Stainless Handle
• 155.70 1 $ 155.70
LF-KB-1128-01 Life Fitness Kettlebell 40Lb, Rubber,
Stainless Handle
• 167.40 1 $ 167.40
LF-KB-1129-01 Life Fitness Kettlebell 45Lb, Rubber,
Stainless Handle
• 182.70 1 $ 182.70
LF-KB-1130-01 Life Fitness Kettlebell 50Lb, Rubber,
Stainless Handle
• 197.10 1 $ 197.10

TRAINING TOOLS
Model Brand Description Specifications Unit Price Qty Total Ext LF-MB-1133-01 Life Fitness Medicine Ball 10Lb Red • 90.00 1 $ 90.00

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Page | 11 of 17
LF-MB-1135-01 Life Fitness Medicine Ball 15Lb
Maroon
• 117.00 1 $ 117.00
LF-MB-1137-01 Life Fitness Medicine Ball 20Lb Light
Grey
• 145.80 1 $ 145.80
LF-MB-1138-01 Life Fitness Medicine Ball 25Lb Dark
Grey
• 158.40 1 $ 158.40
ACC-BSU-1000-
01 Hammer
Strength
BOSU Pro Balance
Trainer, Gray
• 276.30 1 $ 276.30
LF-CM-1010-01 Life Fitness LF Core Mat, 55L x 24W x

0.59InH (139 x 61cm x
15mm), Black
• 76.50 4 $ 306.00

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Page | 12 of 17
LF-FR-1102-01 Life Fitness LF Foam Rigid Roller,
Black, Hard Firm,
15In/38cm
• 59.40 2 $ 118.80
LF-FR-1002-01 Life Fitness LF Foam Roller, Black,
Med Firm, 18In/46cm
• 35.10 2 $ 70.20
HS-SB-2102-01 Hammer
Strength
Hammer Slamball, 10lbs • 71.10 1 $ 71.10
HS-SB-2103-01 Hammer
Strength
Hammer Slamball, 15lbs • 90.00 1 $ 90.00
HS-SB-2104-01 Hammer
Strength
Hammer Slamball, 20lbs • 108.00 1 $ 108.00
HS-SB-2105-01 Hammer
Strength
Hammer Slamball, 25lbs • 127.80 1 $ 127.80

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Page | 13 of 17
LF-SB-1104-02 Life Fitness LF Stability Ball, 65 cm,
Grey
• 67.50 1 $ 67.50
LF-SB-1102-02 Life Fitness LF Stability Ball, 55 cm,
Grey
• 61.20 1 $ 61.20
ACC-BD-1000-
02 Life Fitness Power Band 41 X 0.25In X

4.5Mm Thick,Orange
• 14.40 1 $ 14.40
ACC-BD-1001-
02 Life Fitness Power Band 41 X 0.5In X

4.5Mm Thick,Red
• 18.90 1 $ 18.90
ACC-BD-1002-
02 Life Fitness Power Band 41 X 0.5In X
6Mm Thick,Blue
• 27.90 1 $ 27.90
ACC-BD-1003-
02 Life Fitness Power Band 41 X 1.25In X

4.5Mm Thick,Green
• 35.10 1 $ 35.10

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Page | 14 of 17
ACC-BD-1004-
02 Life Fitness Power Band 41 X 1.75In X

4.5Mm Thick,Black
• 43.20 1 $ 43.20
ACC-BD-1005-
02 Life Fitness Power Band 41 X 2.5In X

4.5Mm Thick,Purple
• 61.20 1 $ 61.20
ACC-BD-1006-
02 Life Fitness Power Band 41 X 4In X

4.5Mm Thick,Black
• 99.00 1 $ 99.00
LF-RTB-1001-01 Life Fitness Life Fitness Covered
Resistance Tube, Light
• 21.60 1 $ 21.60
LF-RTB-1002-01 Life Fitness Life Fitness Covered
Resistance Tube, Medium
• 23.40 1 $ 23.40

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Page | 15 of 17
LF-RTB-1003-01 Life Fitness Life Fitness Covered
Resistance Tube, Heavy
• 24.30 1 $ 24.30
MISC Advanced
Exercise
Stackable Plyo Box Set • 850.00 2 $1,700.00
ACC-SLD-1000-
01 Life Fitness Push-Pull Sled (Base +
Handles)
•For Use on Turf or Carpet
•Multi Grip Handle Position
•Includes Dual Strap & Carbiner for Pulls
•500lb Max Weight Load
•Machine Weight 115lb
707.40 2 $1,414.80
AGPUB-CH Core Energy Anchor Gym Pull Up Bar
4' - Concrete Wall
Hardware
• 280.00 1 $ 280.00
AGPUBEX-CH Core Energy Anchor Gym Pull Up Bar
Extension 4' - Concrete
Wall Hardware
• 180.00 3 $ 540.00
TRXCLUB4 TRX TRX Commercial
Suspension Trainer V4
•Commercial Durability
•Locking Carabiner
•Equalizer and Locking Loop
•Rubber Handles
•Extender
•Adjustable Foot Cradles
251.95 5 $1,259.77

MISCELLANEOUS
Model Brand Description Specifications Unit Price Qty Total Ext MISC Advanced
Exercise
BEAVERFIT - SS-DD-4ROHL Shred Shed Double
Door 4 Racks Opposite -
Full Package
• 34,978.00 1 $34,978.00
MISC Advanced
Exercise
BEAVERFIT - Shipping
(non-tax)
• 3,380.00 1 $3,380.00
MISC Advanced
Exercise
BEAVERFIT - Forklift
Offloading (non-tax)
• 1,850.00 1 $1,850.00
MISC Advanced
Exercise
BEAVERFIT - Shred Shed
Installation (non-tax)
• 6,800.00 1 $6,800.00

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Page | 16 of 17
Subtotal: $173,434.32

Freight, Delivery and Install: 17,340.00
Tax: 14,122.88
Comments:SOURCEWELL Account Discounts Pricing
Applied:

City of Indio
Indio , California
Account # 126334
Life Fitness LLC
Exercise and Fitness Equipment
#052324-LFF
Maturity Date: 7/29/2028
BeaverFit
Outdoor, indoor, and mobile fitness solutions
#101625-BFT
Maturity Date: 12/17/2029
Total: $204,897.20

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Page | 17 of 17
Terms & Conditions
Terms: All new customers are required to pay 50% down and balance due prior to install. Residential customers, personal trainers, and orders for resale, require 100% payment before the order can be placed. All other terms and credit lines are subject to credit approval.

Invoice will be due and payable, based on the original requested installation date, unless Advanced Exercise is notified in writing 60 days prior to the requested installation date with a change of the installation date. We accept checks, money orders, ACH and credit cards (under $2000). A late payment fee will be assessed at a rate of 1.5% (18% annual) per month on any unpaid balance remaining 30 days after the due date. Special Orders: A 100% prepayment is required for all customized products including but not limited to custom colors, sports flooring and products with logos such as plates, dumbbells and platforms.

Cancelation and Change Orders: Strength products are manufactured, painted and upholstered in colors chosen by each customer. Once these products have gone into production, they are non-refundable and cannot be cancelled. For orders with a designated requested date, this process begins 60 days prior to your required date. For ASAP orders, this typically happens in the 4-to-6-week time frame from when you placed your order.

Return Policy: Any returns require approval in writing by Advanced Exercise Project Management. A minimum 25% restocking fee, plus freight, will be incurred for all non-custom products returned. Customized products are nonreturnable. All products with color choices are defined as custom products.

Bolt Down Requirements: Many strength products either recommend or require, being bolted to the floor to prevent tipping and potential injury.

For products that do require bolting to the floor, a minimum of 4.0 inches of concrete depth is required. In addition, customer must identify and approve the exact location of the equipment placement and identify any utility, service lines or post tension cable locations.

Wall & Ceiling Attached Items: The installation of any items on this proposal that require being attached to the wall or ceiling, is not included in the proposal and not part of our scope of work and should be completed by a contractor.

Flooring Installation: Refer to the product specifications to ensure that the sub floor meets the material installation requirements.

Freight offloading, inside delivery, adhesive, moisture tests, moisture reducers, base boards, sub floor prep, sub floor cleaning, transition strips and existing floor removal and disposal are not included unless otherwise noted on the quotation.

Storage: We reserve the right to assess storage fees not to exceed 1.5% per month, or fraction thereof and request payment in full on the related customer's invoice, when a customer's original requested delivery date is delayed by circumstances beyond our control.

Taxes: We collect sales or use taxes only in jurisdictions where we are licensed to do so. Customer agrees to accept sole liability and responsibility to pay for any and all uncollected sales or use tax liabilities, related penalties and interest that arise as a result of the purchase of products and/or services from our company.

Security: Until all products are paid in full, customer hereby grants to, and Advanced Exercise shall retain, a security interest in and lien on all products sold to the customer.

I accept the terms and conditions of this quote.

Signature: Requested Date:

Print Name: Date: June 12, 2026

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asey Corrigan
951 .370.0322
c
[email protected]
Fi
tness Design Concept
Indio
PoliceDepartment

Ca
sey Co
rrigan
951 .370.0322 ccorrigan@adva
ncedexercise.com
Fitness Design Concep
t
Indio P
olice Department

C
a
sey Corrigan
951 .370.0322 ccorrigan@adva
ncedexercise.com
Fit
ness Design Concept
Indio
Police Department

C
a
sey Corrigan
951 .370.0322 ccorrigan@adva
ncedexercise.com
Fit
ness Design Concept
Indio
Police Department

C
a
sey Corrigan
951 .370.0322 ccorrigan@adva
ncedexercise.com
Fit
ness Design Concept
Indio
Police Department

C
a
sey Corrigan
951 .370.0322 ccorrigan@adva
ncedexercise.com
Fit
ness Design Concept
Indio
Police Department

C
a
sey Corrigan
951 .370.0322 ccorrigan@adva
ncedexercise.com
Fit
ness Design Concept
Indio
Police Department

C
a
sey Corrigan
951 .370.0322 ccorrigan@adva
ncedexercise.com
Fit
ness Design Concept
Indio
Police Department

C
a
sey Corrigan
951 .370.0322 ccorrigan@adva
ncedexercise.com
Fit
ness Design Concept
Indio
Police Department

Ca
sey Co
rrigan
951 .370.0322 ccorrigan@adva
ncedexercise.com
Fitness Design Concep
t
Indio P
olice Department

Ca
sey Co
rrigan
951 .370.0322 ccorrigan@adva
ncedexercise.com
Fitness Design Concep
t
Indio P
olice Department

City of Indio
City Council
October 21, 2026

STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Miguel Ramirez-Cornejo, Dir. of Economic Development Conflict: Yes Member: Elaine Holmes
Subject: Continued Hearing from 10/7/2026 CC Meeting: Introduction and First Reading of Ordinance No. 1850, Establishing a Six-Month Downtown Entertainment Zone Pilot Pursuant to SB 969
RECOMMENDATION:

Staff recommends that the City Council introduce by title only for first reading Ordinance No. 1850, adding Chapter 126 to the City of Indio Municipal Code to establish a six-month Downtown Entertainment Zone (DEZ) pilot program pursuant to Senate Bill 969. During authorized Citysponsored events, patrons could purchase alcoholic beverages from participating ABC-licensed establishments and consume them within designated public areas of the DEZ. Activations would be limited to specific areas and hours and would be subject to City-approved operational and publicsafety requirements. Staff would evaluate participation, operations, public-safety incidents, and economic effects before returning to City Council with recommendations regarding the program’s continuation, modification, or expiration. The purpose of the Ordinance is to support economic activity, activate public spaces, and advance the City's Strategic Plan goal of establishing Downtown Indio as a vibrant destination for community, culture, and commerce.

SUMMARY:

The proposed Ordinance creates a Downtown Entertainment Zone (DEZ) pilot program pursuant to Senate Bill 969, allowing patrons to purchase alcoholic beverages from participating, licensed businesses and consume them within designated public areas during City-sponsored or Cityapproved events and within approved activation hours. Staff proposes the six-month pilot program to evaluate the DEZ’s operational effectiveness, public safety, and economic benefits before City Council consideration of any future continuation or modifications.

BACKGROUND INFORMATION:

This item was previously presented to the City Council on October 7, 2026. Following Council discussion, the item is being brought back for continued consideration.

Entertainment Zone Legislation
Senate Bill 969 (2024), effective January 1, 2025, authorizes cities to establish Entertainment Zones, which are defined areas where patrons may consume alcoholic beverages in designated public areas, such as streets, sidewalks, or plazas, under controlled conditions. Entertainment Zones must be established by local ordinance and must comply with the regulations of the California AGENDA ITEM #11.1
Continued Hearing from 10/7/2026 CC Meeting: Introduction and First Read... Page 210 of 373 Department of Alcoholic Beverage Control (ABC). Existing businesses may be eligible to participate in the sale of alcoholic beverages as part of an Entertainment Zone if they have an existing permanent business location (i.e., a brick-and-mortar business) within the designated Entertainment Zone and possess an active ABC license. Participating businesses may allow their patrons to leave the business premises with an open container of an alcoholic beverage for consumption within the boundaries of that Entertainment Zone.

Research and Peer-City Outreach
Staff conducted research to evaluate potential approaches to implementing an Entertainment Zone under the expanded authority provided by Senate Bill 969. This included reviewing adopted ordinances and pilot frameworks in other jurisdictions, as well as conducting direct outreach to California cities with experience implementing Entertainment Zones, including:
 City of Upland
 City of Redding
 City of Mountain View
 City of Santa Monica
 City of Long Beach
These discussions provided staff with practical insight regarding business participation, public education, security, coordination with the California Department of Alcoholic Beverage Control (ABC), operating procedures, and lessons learned from actual Entertainment Zone activations.

Based on this research and peer-city outreach, staff found that Entertainment Zones can be implemented in a manner that supports downtown activation and local business engagement while maintaining appropriate operational and public safety controls. Peer cities generally reported that implementation challenges were primarily related to public education, business coordination, zone boundaries, signage, containers, and event-specific staffing rather than significant alcohol-related or public safety incidents. The proposed ordinance incorporates these lessons while tailoring the Entertainment Zone framework to the needs of Downtown Indio.

Downtown Indio has experienced significant growth in visitation and activity in recent years. Since 2023, Downtown Indio has seen a steady increase in visitors, from 200,500 visits per year to over 550,000 in the last 24 months. The proposed DEZ pilot program is intended to build upon this momentum by supporting local businesses, enhancing visitor experience, and further activating Downtown Indio during community events.

Consistent with Business and Professions Code section 25692, staff notified Indio Police Department of the proposed Entertainment Zone and requested feedback regarding potential health and safety impacts, mitigation strategies, boundaries, hours, authorized beverages, and approved containers.

Strategic Alignment with City Plans and Strategies
The City's Strategic Plan identifies Downtown Destination as a key goal, emphasizing the creation of a vibrant urban center that integrates community, culture, and commerce. In April 2020, the Downtown Specific Plan established a vision for revitalizing Downtown Indio to promote economic development and create a vibrant pedestrian-oriented environment. The City’s General Plan supports this vision by encouraging mixed uses, including hospitality, retail, dining, and entertainment, to foster a dynamic urban core. Establishing the DEZ aligns with several adopted

Continued Hearing from 10/7/2026 CC Meeting: Introduction and First Read... Page 211 of 373 City plans and strategies by supporting downtown vitality, activating public spaces, and enhancing community programming.

1. City of Indio Strategic Plan – Downtown Destination. The City’s Downtown Destination goal emphasizes creating a vibrant downtown with activities and entertainment opportunities for residents and visitors. Key concepts include:
a. Objective 5: Downtown Activities and Programs. Improve activities and programs in Downtown Indio with offerings throughout multiple times of the day to encourage attraction.
b. Objective 8: Entertainment and Nightlife. Create entertainment options so that Downtown Indio is a lively destination with options for nightlife activities.

2. City of Indio Downtown Specific Plan. The City’s vision for the downtown emphasizes placemaking and active public spaces. Key concepts include:
a. Goal 1: High quality of life: Downtown will provide all residents of Indio with a unique, authentic, and constantly interesting destination for family outings, shopping, dining, entertainment and recreation, and provide visitors with a unique and memorable experience of Indio, causing them to return repeatedly. b. Goal 2: Lively section of nightlife, entertainment and recreation options: Downtown already includes a notable concentration of civic, cultural, recreation and entertainment amenities, and is uniquely and ideally positioned to become Indio’s most significant center of culture, nightlife, entertainment and recreation and operate as a true “18-hour per day” district.
c. Goal 9: Expand the “City of Festivals”: Indio’s many, internationally-known festivals generate high levels of visitorship (locally, regionally, and internationally), which provides great opportunities for visitors from around the world to discover Downtown Indio. Through coordinated design, programming, and district branding of the Downtown—including public realm improvements to create high-quality public gathering spaces—Downtown Indio will become one of the premier event venues in the city and the region.

3. City of Indio General Plan. An Entertainment Zone is consistent with the policies in the City’s General Plan, which emphasizes downtown as a vibrant mixed-use district and community gathering space. Relevant goals and policies include:
a. Goal ED-1: Vibrant Economy. A vibrant economy that maintains existing businesses and attracts new development.
b. ED-1.8: Marketing program. Support marketing programs that emphasize Indio’s unique economic opportunities, including cultural, arts, and environmental advantages and attributes.
c. ED-1.9: Placemaking. Support a variety of revitalization and improvement programs focused on placemaking and beautification, such as community events. d. ED-7.4: Cultural and art events. Continue to publicize cultural and arts events and attractions in Indio to residents, potential visitors, and business prospects. e. ED-7.5: Cultural tourism. Recognize the value of music, dance, theater and visual arts to Indio’s quality of life and economy, supporting cultural tourism as part of an economic development strategy for the City.

DEZ Boundary and Primary DEZ Activation Area
Entertainment Zone Boundary: The proposed Downtown Entertainment Zone is bounded by Oasis Street to the west, Indio Boulevard to the north, and Bliss Avenue to the south, as depicted in

Continued Hearing from 10/7/2026 CC Meeting: Introduction and First Read... Page 212 of 373 blue on Exhibit A. Along the eastern edge, the boundary generally mirrors the Primary DEZ Activation Area before extending south along Smurr Street to Bliss Avenue. This larger boundary represents the full DEZ area the city is being asked to approve. As depicted in Exhibit A to the proposed Ordinance.

Primary DEZ Activation Area: The portion of the Downtown Entertainment Zone that represents where most activations are expected to occur within the smaller area shown in red on Exhibit A. The Primary DEZ Activation Area is bounded by Oasis Street to the west, Indio Boulevard to the north, Smurr Street to the east, and Miles Avenue to the south, as depicted in red on Exhibit A. The Primary DEZ Activation Area represents the area typically activated during most City-sponsored events and activations. These events may include Echo Lounge, Chella, Giddy-Up Lounge, Asada Fest, Viva Indio, and the BBQ Festival. The City may activate the larger, blue DEZ boundary for larger-scale events, such as the Tamale Festival.

Depending on the event, the City may activate all or part of the DEZ, providing flexibility based on operational needs and the nature of the event while maintaining appropriate public safety measures.

Activation of the DEZ will be limited to City-supported events and restricted to specific event hours.

This approach enables a controlled rollout with coordinated operations and enhanced public safety.

This area was selected based on several factors, including established cultural and commercial identities, concentration of ABC-licensed businesses, pedestrian-friendly environment, and a history of hosting successful special events.

Activations Limited to City Events
Activation of the DEZ are limited to City events, which means City-organized or City-hosted events.

The City will maintain the flexibility to scale the zone, choosing a full street closure for larger events or a segmented approach for smaller, block-specific activations. This high level of control will ensure the City can adequately address public safety considerations and develop standard operating procedures, including detailed site maps, traffic control plans, security plans, and alcohol perimeter controls.

DEZ Operational Requirements
Operational requirements for the DEZ include participation limited to ABC-licensed businesses holding appropriate on-sale licenses, the use of City-approved non-glass and non-metal containers bearing the name or identifying mark of the participating business, and age verification through wristbands for patrons consuming alcohol. Participating businesses must serve beverages in approved containers bearing the business name, comply with all applicable State and local laws, and adhere to the City’s Downtown Entertainment Zone Management Plan.

Licensed businesses that intend to participate in a DEZ activation must comply with all applicable state laws and ABC regulations. This includes fulfilling the state requirement to submit an advance notice of their participation in the DEZ to ABC. Notifications must be submitted annually through the ABC website, and failure to do so may result in enforcement action by ABC and may jeopardize a business’s ABC license. Participation is voluntary, and no business would be obligated to take part simply because they are located within the zone. Rather, the ordinance would provide a legal and operational framework for those businesses choosing to participate.

Current downtown businesses that may be eligible to participate in the DEZ program include:
 The Dune Room - 82707 Miles Ave, Indio, CA 92201

Continued Hearing from 10/7/2026 CC Meeting: Introduction and First Read... Page 213 of 373  Victoria’s Bar & Grill - 82720 Miles Ave, Indio, CA 92201  Indio Taphouse - 82867 Miles Ave Unit 1, Indio, CA 92201  The Station - 82921 Indio Blvd, Indio, CA 92201
 Rosemary Hi-Fi - 45120 Oasis St, Indio, CA 92201
Eligibility and participation would remain subject to each business’s ABC license type, operating conditions, annual ABC notification, and compliance with City requirements.

Future downtown businesses that could potentially participate include:
 Donna Forte - 82862 Miles Ave, Indio, CA 92201
 Little Bird - 45130 Oasis St, Indio, CA 92201
 Mi Cultura - 45238 Oasis St, Indio, CA 92201
Providing a broader DEZ boundary allows flexibility for future business eligibility as additional businesses open and obtain appropriate ABC licenses.

Operating Hours
The proposed ordinance establishes the maximum hours during which the DEZ may operate. When the DEZ is activated, consumption of alcoholic beverages within the designated boundaries is permitted between 12:00 p.m. and 9:00 p.m. The DEZ may be activated on any day of the week, as determined by the City. The specific hours of operation for the DEZ will vary based on the nature of the event and associated logistics but must fall within the authorized time frame. Public consumption of alcoholic beverages within the DEZ would remain prohibited at all other times.

Boundaries and Signage
The Downtown Entertainment Zone (DEZ) boundaries will be clearly identified using City-approved signage, sidewalk decals, and other approved markings to ensure patrons and law enforcement can easily recognize the designated area. The ordinance prohibits the delivery of alcoholic beverages within the DEZ, except for lawful deliveries to residences or private business that are not ABC licensees, and requires compliance with all applicable federal, state, and local laws and regulations.

Alcoholic beverages may only be consumed within the designated Entertainment Zone, and patrons are prohibited from carrying open containers into participating or nonparticipating businesses or outside the DEZ boundaries.

Security Requirements
The Ordinance includes provisions to ensure compliance with all applicable safety laws and enforcement by authorized personnel. For each activation, City staff event organizers will develop a detailed security and operations plan for each event in collaboration with the Indio Police Department for review and approval. City public safety officers and event staff will coordinate to oversee activities within the DEZ prior to any DEZ event and during activation hours. Established complaint and incident response procedures will help maintain a balance between public enjoyment and safety.

Participating businesses will also be required to adhere to the requirements of the Operations Manual and their ABC licenses. A violation of this chapter may result in immediate suspension from the pilot program, suspension or revocation of City authorization to participate in future activations, administrative enforcement under the City’s Municipal Code, and referral to ABC.

Pilot Phase Duration

Continued Hearing from 10/7/2026 CC Meeting: Introduction and First Read... Page 214 of 373 The initial implementation pilot period will be managed by the Economic Development Department in collaboration with the Police, Fire, Code Enforcement, and Public Works Departments to ensure a vibrant, safe, and successful experience for residents and businesses. Throughout the six-month pilot phase, the City will conduct ongoing monitoring by tracking key indicators such as patron and business participation and incident reports. Periodic evaluations will be conducted to assess program effectiveness, inform necessary adjustments, and support decision-making regarding the Downtown Entertainment Zone's future.

Economic Development staff will report to the City Council at the end of the 6-month pilot period and report on the DEZ so Council may consider and provide direction on next steps for the program, including whether to permanently adopt the DEZ, with modifications as necessary, to expand the DEZ or allow the pilot program to sunset. If the City Council extends or permanently establishes the DEZ following the pilot, the City will conduct the review required by Business and Professions Code section 25692 every two years, in consultation with local law enforcement.

ENVIRONMENTAL REVIEW
Adoption of the proposed ordinance is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15304, subdivision (e), because the ordinance authorizes only minor temporary uses of public rights-of-way during a six-month pilot period, with no permanent physical improvements or effects on the environment. The Entertainment Zone authorized by the proposed ordinance would involve only “[m]inor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc.” None of the exceptions to the application of a categorical exemption in Section 15300.2 of the CEQA Guidelines apply to the proposed ordinance.

ATTACHMENTS:

Attachment 1 - Ordinance Establishing the Downtown Entertainment Zone Attachment 2 - Downtown Entertainment Zone Participation Agreement Attachment 3 - Downtown Entertainment Zone Management Plan APPROVAL(S):

Miguel Ramirez-Cornejo, Dir. of Economic Development Approved - 16 Oct 2026 Ruby D. Walla, Director of Finance Approved - 16 Oct 2026 Steven Graham Pacifico, City Attorney Approved - 16 Oct 2026 Jonathan Nicks, City Manager Approved - 16 Oct 2026

Continued Hearing from 10/7/2026 CC Meeting: Introduction and First Read... Page 215 of 373 ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, ADDING CHAPTER ______ (DOWNTOWN ENTERTAINMENT ZONE) AS A SIXMONTH PILOT PROGRAM TO THE CITY OF INDIO CODE OF ORDINANCES WHEREAS, the City of Indio (“City”) is a general law city; WHEREAS, Senate Bill 969 (2024) added Section 23039.5 to the California Business and Professions Code, which authorizes cities and/or counties to enact an ordinance establishing an “entertainment zone”;
WHEREAS, Section 23039.5 of the Business and Professions Code defines “entertainment zone” as a zone created by a city, county, or city and county ordinance on or after January 1, 2025, that authorizes consumption of one or more types of alcoholic beverages on public streets, sidewalks, or public rights-of-way; WHEREAS, pursuant to Senate Bill 969, the City desires to enact this ordinance to establish the Downtown Entertainment Zone (DEZ), an entertainment zone for the purpose of allowing licensees to sell beer, wine, and distilled spirits for off-site consumption in designated public spaces during certain hours for the purpose of attracting more visitors to downtown Indio and boosting spending at local establishments;
WHEREAS, the City has an important government interest in maintaining a thriving downtown environment and protecting the health, safety, and economic welfare of its citizens and businesses;
WHEREAS, establishing an entertainment zone in the City’s downtown where people can buy open container drinks from local bars, restaurants, wineries, and breweries and enjoy them outside in designated public spaces during certain hours for the purpose of creating an active downtown will result in attracting more visitors and an increase in foot traffic, and boost spending at downtown establishments;
WHEREAS, licensees within the Entertainment Zone are not required to sell any alcoholic beverage for consumption off the premises; WHEREAS, public safety is of utmost importance and therefore, the City’s DEZ ordinance will operate as a six-month pilot program to allow the City to assess public safety and ensure the DEZ is maintained in a manner that protects public health and safety;
WHEREAS, in compliance with Business and Professions Code section 25692, City staff have notified and received feedback from the City of Indio Police Department about potential health and safety impacts that might be generated by the DEZ and strategies to mitigate those impacts;

Continued Hearing from 10/7/2026 CC Meeting: Introduction and First Read... Page 216 of 373 WHEREAS, the creation of entertainment zones is categorically exempt from the California Environmental Quality Act (“CEQA”) as a minor temporary use of land having negligible or no permanent effects on the environment pursuant to CEQA Guidelines section 15304(e); and

WHEREAS, the City Council finds that the adoption of this Ordinance is in the best interest of the City because the DEZ will promote economic development, support local businesses, and encourage activation of public spaces in a manner that protects the public health, safety, and welfare.

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

SECTION 1. Chapter ___ shall be added to the Indio Municipal Code as follows:

XXXX.010 Purpose.

The purpose of this Chapter is to establish a process by which to create an Entertainment Zone within the City of Indio, as authorized by Section 23039.5 of the California Business and Professions Code, where people can buy “to-go” open container alcoholic drinks from local bars, restaurants, wineries, and breweries and enjoy them outside in common spaces like plazas, sidewalks, and streets during certain hours. Entertainment Zones are intended to attract new patrons to the City by creating a safe and sociable street atmosphere featuring signature events that will encourage people to socialize and contribute to the health of local businesses. Entertainment Zones would likely increase pedestrian activity, boost revenue for downtown businesses, and create a vibrant cultural hub, all while prioritizing safety for all.

XXXX.020 Definitions.

For the purposes of this Chapter, the following definitions shall apply:
"ABC" means the California Department of Alcoholic Beverage Control. "Entertainment Zone" has the meaning set forth in Section 23039.5 of the California Business and Professions Code, as may be amended from time to time. “Downtown Entertainment Zone” shall mean the area bounded by any single block by Indio Boulevard to the north, Oasis Street to the east, Miles Avenue to the south, and Bliss Avenue to the west, as shown on the map and description attached here to as Exhibit A including all publicly-owned property, public rights-of-way and private property located therein, or any combination of blocks or half-block portions thereof as described in the City’s Entertainment Zone Event Notice.

Continued Hearing from 10/7/2026 CC Meeting: Introduction and First Read... Page 217 of 373 “Entertainment Zone Event” means a City-sponsored, City-approved event that occurs within the boundaries of an Entertainment Zone established in accordance with this Chapter and applicable City policies.
“Entertainment Zone Management Plan” means a plan approved by the City Manager for the management and regulation of the Entertainment Zone, containing operational rules of Entertainment Zone Events, including approved container types and any event-specific hour restrictions.
"Licensee" means any person, business, or other entity duly licensed to sell alcoholic beverages located within the boundaries of an Entertainment Zone.

XXXX.040 Entertainment Zone Controls With respect to the Entertainment Zone Event designated in accordance with the terms of this Chapter, the following regulations shall apply:

A. Procedure to Activate Entertainment Zone Event. The City Manager, or designee, may activate an Entertainment Zone Event by transmitting a notice to all affected permit holders, business owners, and property owners within the Entertainment Zone boundary at least 72 hours prior to an Entertainment Zone Event, and by conspicuously posting a physical copy of the notice at City Hall.

B. All licensees and organizations sponsoring or selling alcoholic beverages within the Entertainment Zone shall comply with all applicable state and local laws and regulations, including but not limited to, the following:

1. All applicable ABC license and permitting requirements;

2. Sections 23357, 23358, and 23396 of the California Business and Professions Code, as may be amended from time to time;

3. The Indio Municipal Code and all other laws governing the sale and consumption of alcoholic beverages and all permits and licenses issued pursuant thereto;

4. Applicable road closure regulations and procedures; and

5. Any applicable Entertainment Zone Management Plan issued pursuant to this Chapter.

B. Open alcoholic beverages may be consumed on any public street, avenue, sidewalk, stairway, alley, or thoroughfare within an Entertainment Zone during an Entertainment Zone Event, subject to any other restrictions imposed by State or local law.

C. All open alcoholic beverages consumed during an Entertainment Zone Event shall be purchased only from a premises located within the Entertainment Zone that is authorized under California Business and Professions Code Section 23357, 23358, or 23396, as

Continued Hearing from 10/7/2026 CC Meeting: Introduction and First Read... Page 218 of 373 may be amended from time to time, to permit consumers to leave the premises with open containers of alcoholic beverages for consumption off the premise, or an organization that is authorized by an ABC special event permit or license to make such sales within the Entertainment Zone.

D. Pursuant to sections 23357, 23358, and 23396 of the Business and Professions Code, any restrictions on licensee privileges on the exercise of off-sale privileges shall not apply to the removal of open alcoholic beverages from the licensed premises for consumption in the DEZ.

E. Any holder of an ABC license or permit that wishes to allow customers to leave the premises with open containers of alcoholic beverages for consumption off the premises within the DEZ shall provide to the City a copy of the notice provided to ABC under California Business Professions Code sections 23357, 23358, or 23396, as applicable, at the same time such notice is provided to ABC. In addition, participating licensees are required to submit a participation agreement to the City notifying it of their intent to participate in the Entertainment Zone.

F. Delivery of alcoholic beverages to consumers within the Entertainment Zone by a participating licensee or third party delivery service is prohibited unless the delivery is to a residential building or private business that is not a licensee.

G. OnlyABClicensedrestaurants,bars,breweries, and wineries containing an onsale license are eligible to participate in selling open container alcoholic beverages for consumption within an Entertainment Zone.

H. Patrons with open container alcoholic beverages must exit the ABC licensed premises directly into the DEZ and shall not be in any other area of the City outside of the DEZ that does not allow open containers.

I. The types of alcoholic beverages that are permitted to be consumed offpremises in the Entertainment Zone are beer, wine and distilled spirits, and are limited to the type of alcoholic beverage specified in the ABC license issued to the participating businesses.

J. During the duration of an Entertainment Zone Event, every patron purchasing an alcoholic beverage for consumption in the Entertainment Zone or drinking an alcoholic beverage within the Entertainment Zone must be wearing a wristband identifying them as 21 years of age or over. All of the businesses within the Entertainment Zone must use a single style of wristband agreed upon, and approved by the City, prior to the operation of the Entertainment Zone Event.

Patrons shall wear wristbands within the Entertainment Zone at all times. If a patron is not wearing a wristband, staff within licensed businesses may check patron’s IDs to confirm their age and provide them wristbands.

Continued Hearing from 10/7/2026 CC Meeting: Introduction and First Read... Page 219 of 373 Patrons of all ages may be admitted into the Entertainment Zone. Alcohol-serving businesses may admit patrons under the age of 21 if allowed by their ABC liquor license.

K. Container or Cup Requirement. Licensees shall not serve open container alcoholic beverages for off-premises consumption in any metal or glass container.

All open container beverages for off-premises consumption within an Entertainment Zone shall be served in City-approved non-glass and non-metal plastic cups or containers. These containers must display the name of the ABC licensed business from where it is purchased within the Entertainment Zone.

L. Signage. The boundaries of the Entertainment Zone Event must be clearly marked by easily visible signage posted around the perimeter of the Entertainment Zone.

The signage must instruct patrons not to carry alcoholic beverages outside the Entertainment Zone (e.g., "No Alcoholic Beverages Beyond This Point"). Signs must be illuminated well enough to be sufficiently visible during nighttime hours of the Entertainment Zone Event.

M. Disposal. Patrons shall properly dispose of their cups or containers prior to exiting the Entertainment Zone Event.

XXXX.050 Implementation
A. After the establishment or modification of the Entertainment Zone, the City Manager shall, in consultation with the City of Indio Police Department, provide the following information to ABC, pursuant to the California Business and Professions Code section 25690:

1. A copy of the ordinance establishing or modifying the Entertainment Zone;

2. Information as may be necessary to identify the boundaries of the Entertainment Zone;

3. The days and hours of operation of the Entertainment Zone;

4. The types of alcoholic beverages permitted within the Entertainment Zone; and

5. The approved non-glass and non-metal containers in which alcoholic beverages may be authorized.

B. The City Manager or designee is authorized to promulgate administrative regulations under this Chapter, including an Entertainment Zone Management Plan that:

1. Establishes a process or procedure to readily identify individuals purchasing or consuming alcoholic beverages within the Entertainment Zone as being twentyone years of age of older;

Continued Hearing from 10/7/2026 CC Meeting: Introduction and First Read... Page 220 of 373

2. May include requirements not otherwise imposed by State or local law, but which are nonetheless enforceable pursuant to this Chapter, including but not limited to additional requirements for approved beverage containers, additional restrictions on the hours of operation for Entertainment Zone Events, and other time, place, and manner restrictions; and

3. The City Manager or designee shall transmit to ABC upon issuance or revision of an Entertainment Zone Management Plan.

C. Administrative Regulations. The City Manager, or designee, may adopt administrative regulations to implement the provisions of this Chapter, including, but not limited to, application procedures, permit conditions and requirements, and health and safety measures. The City Manager may revise these regulations from time to time as it deems appropriate. The Entertainment Zone Management Plan shall be considered an enforceable administrative regulation.

XXXX.060 Downtown Entertainment Zone

1. All public streets, sidewalks, and public rights-of-way within the area bounded by Indio Boulevard to the north, Oasis Street to the west, Bliss Avenue to the south, with the eastern boundary along Smurr Street as depicted in Exhibit A, are hereby designated as the DEZ under sections 23039.5 and 25690 of the California Business and Professions Code.

2. Outdoor consumption of alcoholic beverages is authorized within the DEZ during an Entertainment Zone Event, which could occur between the hours of 12:00 p.m. and 9:00 p.m., on any day of the week. The City Manager or designee may authorize different hours for a specific Entertainment Zone Event based on event-specific operational, public safety, or programming considerations. All Entertainment Zone Events remain subject to any additional limitations imposed by applicable ABC permits or licenses and the Management Plan. Businesses are prohibited from selling open container alcoholic beverages for consumption outside of these hours.

3. Off-site sale of open alcoholic containers by a participating holder of an ABC license or permit may consist of beer, wine, and/or distilled spirits subject to the conditions and limitations imposed on the establishment by their local entitlements or ABC privileges, and any additional limitations imposed herein.

XXXX.070 Periodic Review
The City Manager may schedule a periodic review by the City Council of the operations authorized by this Ordinance. The purpose of the City Council’s periodic review shall be to consider whether the public health, safety, convenience, or general welfare warrants amendments to the Ordinance prior to the termination of the pilot period. The review is to ensure the Entertainment Zone is being maintained in a manner that protects the health

Continued Hearing from 10/7/2026 CC Meeting: Introduction and First Read... Page 221 of 373 and safety of the general public. Any reports made during the review shall be made available to ABC upon request.

XXXX. 080 Enforcement
A. Any person who violates any provision of this Chapter, including any administrative regulations, shall be guilty of an infraction, which shall be punishable by a fine not exceeding $250, or a misdemeanor, which shall be punishable by a fine not exceeding $500 per violation or by imprisonment in the county jail for a period not exceeding six months or by both such fine and imprisonment.

B. Any person who violates this Chapter, including any administrative regulations shall be subject to administrative fines and administrative penalties pursuant to this Code.

C. Any participating licensee who violates this Chapter may be subject to suspension or revocation of their right to participate in the Entertainment Zone. The City may promulgate administrative regulations to implement this section.

D. Any person convicted of violating this Chapter in a criminal case, or found to be in violation of this Chapter in a civil or administrative case brought by a law enforcement agency, shall be ordered to reimburse the City and other participating law enforcement agencies their full investigative costs.

SECTION 2. Severability
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such determination 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, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 3. Publication
The City Clerk is authorized and directed to cause this Ordinance to be published as required by law.

SECTION 4. Temporary Ordinance; Sunset
The provisions of this Ordinance and the Downtown Entertainment Zone chapter added to the Indio Municipal Code by this Ordinance shall remain in effect for six months after its effective date and shall thereafter automatically expire and be repealed, unless extended or otherwise amended by the City Council.

SECTION 5. Effective Date
The Ordinance shall be effective upon the thirty-first day following adoption.

SECTION 6. CEQA

Continued Hearing from 10/7/2026 CC Meeting: Introduction and First Read... Page 222 of 373 Pursuant to California Code of Regulations section 15304(e), this Ordinance is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15304, subdivision (e), because the ordinance authorizes because it involves only minor temporary use of public rights-of-way during a six-month pilot period, with no permanent physical improvements or permanent effects on the environment. None of the exceptions to the application of a categorical exemption in Section 15300.2 of the CEQA Guidelines apply to the proposed Ordinance.

Continued Hearing from 10/7/2026 CC Meeting: Introduction and First Read... Page 223 of 373 Exhibit A
Downtown Entertainment Zone Boundaries
The proposed Downtown Entertainment Zone is bounded by Oasis Street to the west, Indio Boulevard to the north, and Bliss Avenue to the south. Along the eastern edge, the boundary generally mirrors the Primary DEZ Activation Area before extending south along Smurr Street to Bliss Avenue, as depicted in blue below.

The Primary DEZ Activation Area is generally bounded by Oasis Street to the west, Indio Boulevard to the north, Smurr Street to the east, and Miles Avenue to the south, as depicted in red below.

Continued Hearing from 10/7/2026 CC Meeting: Introduction and First Read... Page 224 of 373 PASSED, APPROVED and ADOPTED this ____ day of _____ 2026. ___________________________

ELAINE HOLMES
MAYOR
ATTEST:
__________________________

SABDI SANCHEZ

CMC CITY CLERK

Continued Hearing from 10/7/2026 CC Meeting: Introduction and First Read... Page 225 of 373 City of Indio Downtown Entertainment Zone
Participation Agreement
Business Information
Business Name: ________________________ ABC License Type: ____________________________ Business Address in DEZ:_______________________________________________________________ Business Owner/Manager Name: _________________________________________________________ Phone: ________________________________ Email: _______________________________________ The signed certifies that the above business has been provided with a copy of the City of Indio’s Downtown Entertainment Zone Management Plan, and agrees to operate in compliance with State and local law, including, but not limited to, the following terms and conditions as part of participating as an alcohol vendor within the Downtown Entertainment Zone. The signatory understands that if the subject business fails to comply with any provision of State and local law or this Participation Agreement, the City may terminate the business’ ability to participate in the Entertainment Zone pursuant to the City of Indio Municipal Code section XXXX.070 Enforcement.

Conditions of Participation
a. The participating business acknowledges that it maintains General Liability and Liquor Liability insurance with minimum limits of $1M per occurrence/$2M aggregate. b. All participating businesses must annually notify ABC of its intent to participate using ABC’s Participation Notification Tool. The business shall forward the ABC’s “Proof of Notice to Participate” to the City.
c. The participating business shall comply with all state and local regulations, including the DEZ Management Plan. All businesses must follow all restrictions and privileges applied to the business’ ABC license, as modified to allow for to-go alcohol sales. Alcoholic beverages shall not be sold to-go outside the times permitted by a business’ ABC license, City entitlement, or days/hours of the DEZ, whichever is most restrictive.
d. The participating business agrees to be legally bound for itself, its heirs, personal representatives, invitees, and anyone who might make a claim on a participating business’s behalf, and hereby waives, releases, and discharges the City of Indio, and their respective elected and appointed officials, officers, agents, employees, and volunteers from any and all claims for damages or liability arising out of or in connection with a participating business’s participation in the DEZ, including the acts or omissions of the participating business or its owners, officers, employees,

Continued Hearing from 10/7/2026 CC Meeting: Introduction and First Read... Page 226 of 373 agents, contractors, or invitees. This release shall not apply to the extent any claim arises from the sole or active negligence or willful misconduct of the City. e. The participating business agrees to defend, indemnify, protect, and hold harmless the City of Indio and its respective agents, officers, boards, and commissions, and employees, from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorneys’ fees, or payments for injury to any person or property caused or claimed to be caused by the acts, errors, or omissions of the participating business or the participating business’s employees, agents, officers, or contractors. The business’s responsibilities under this section include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of the business, its employees, agents, or officers, or contractors; provided, however, that the business’s duty to defend, indemnify, protect, and hold harmless shall not include any claims arising from the sole negligence or willful misconduct of the City. Notwithstanding the business’s obligation to defend the City hereunder, the City shall have the right to conduct its own defense and seek reimbursement for reasonable costs of defense from the business, if it chooses to do so.
____________________________ ____________________________ Business Owner/Manager Signature Print Name & Date
____________________________ ____________________________ City Economic Development Department Print Name & Date

Continued Hearing from 10/7/2026 CC Meeting: Introduction and First Read... Page 227 of 373 Downtown Entertainment Zone Management Plan
Section I: The Downtown Entertainment Zone
The Downtown Entertainment Zone (DEZ) is a designated area in the City of Indio where people can buy open container drinks from local bars, restaurants, wineries, and breweries to enjoy outside in common spaces like plazas, sidewalks, and streets during City-permitted DEZ Events.

This Management Plan establishes mandatory operating requirements, policies, and enforcement procedures for the DEZ in accordance with California Senate Bill 969 (2024). The DEZ would enhance City-sponsored events by creating a safe, walkable, and vibrant environment where residents and visitors can show support for Downtown Indio businesses.

DEZ Program Objectives

1. Activate downtown Indio as a vibrant destination for residents and visitors through City-sponsored events.

2. Support local restaurants, breweries, bars, and small businesses by increasing customer activity and sales.

3. Encourage visitors to explore multiple businesses and public spaces within downtown Indio during City approved events.

4. Enhance the downtown experience while promoting a safe, well-managed, and familyfriendly environment.

5. Strengthen downtown’s identity as the City’s premier cultural, entertainment, and community gathering destination.

DEZ Rules

1. Participants must be 21+ and wear an official DEZ Event wristband.

2. Alcohol may only be purchased from participating DEZ businesses.

3. Alcohol must be served in a non-glass, non-metal container provided by a participating DEZ business.

4. Alcohol must be consumed within the activated DEZ boundaries.

Activation with Events Only
The DEZ is event-based. Any activation, in whole, or in part, of the DEZ shall only be for Citysponsored, City-approved event that occurs within the boundaries of the DEZ.

Section II: Downtown Entertainment Zone Ordinance
City of Indio Municipal Code section XXX.040 specifies the location, hours, and requirements for the Downtown Entertainment Zone. Additional regulations and restrictions for activation of the Even

Continued Hearing from 10/7/2026 CC Meeting: Introduction and First Read... Page 228 of 373 a. Permissible Area. All streets, sidewalks, and public rights-of-way within the area bound Oasis Street to the west, Indio Boulevard to the north, Bliss Avenue to the south, and the eastern boundary as depicted on the DEZ Map. Activation may occur within all or portion of the DEZ, as designated for an approved City-sponsored or City-approved event. b. Permissible Hours. Outdoor consumption of alcoholic beverages within the DEZ is authorized up to seven days a week between the hours of 12:00 p.m. and 9:00 p.m. The approved hours for each DEZ event may be limited within that timeframe by the City. All activities remain subject to the conditions of the approved DEZ event, applicable ABC license or permit requirements, and this DEZ Management Plan.
c. Types of Alcohol. Off-site sale of open alcoholic containers by a participating holder of an ABC license or permit may consist of beer, wine, and/or distilled spirits subject to the conditions and limitations imposed on the establishment by their local entitlements or ABC privileges, and any additional limitations imposed by the DEZ Management Plan for the DEZ.

Section III: DEZ Additional Regulations

1. Operators. The DEZ is operated in partnership with the following groups.

Continued Hearing from 10/7/2026 CC Meeting: Introduction and First Read... Page 229 of 373 a. The City. During a DEZ Event, the City shall serve as the point of contact for activating DEZ Events, control general logistics of the DEZ, and coordinate the participating businesses to align with the DEZ Management Plan. The City shall:
i. Serve as the vendor of DEZ Event branded wristbands. ii. Coordinate and distribute DEZ Event cups.
iii. Create and set up signage marking boundaries and displaying rules within the DEZ.
iv. Track business participation ensuring only businesses who have completed a participation agreement are selling to-go drinks in the DEZ. v. Collect economic data and conduct periodic business and community surveys to monitor the impacts of the DEZ.
b. Participating Businesses. Participating businesses with on-sale alcohol licenses who register with the City and with state ABC may serve open containers for consumption within the DEZ provided that:
i. Businesses must complete and submit the City of Indio DEZ Participation Agreement to the City.
ii. ABC shall be notified annually of a business’s intent to participate using ABC’s Entertainment Zone Participation Notification Tool. The business shall provide a copy of ABC’s “Proof of Notice to Participate” to the City. iii. Businesses must obtain and maintain appropriate insurance as detailed in the City of Indio DEZ Participation Agreement.
iv. Prior to each event, participating businesses shall notify their employees of the activated boundaries of the DEZ and refresh staff on the DEZ rules and regulations.
v. Employees engaging with the public at participating businesses must complete and annually renew alcohol awareness training sponsored by ABC or the Indio Police Department and Bystander Intervention Training.

2. Activation and Programming
a. Activation. The Downtown Entertainment Zone shall only be activated during Citysponsored events. To activate a DEZ Event, the City Manager or designee shall transmit a notice to all affected permit holders, business owners, and property owners within the Entertainment Zone boundary at least 72 hours prior to an Entertainment Zone Event, and by conspicuously posting a physical copy of the notice at City Hall. b. Hours of Operation. Any business within the Downtown Entertainment Zone holding an alcohol sales license allowing on-site sales and consumption of alcohol issued by ABC may sell alcoholic beverages for consumption during activated hours and within the activated portion of the DEZ.
i. The DEZ shall be activated only between 12:00 PM to 9:00 PM.

Activation outside of these hours is possible by special request such as to accommodate international events occurring in other time zones or cultural events such as a New Years Eve celebration.
ii. Regardless of the hours the DEZ is activated, all participating businesses must abide with any restrictions to the hours of operation imposed by local

Continued Hearing from 10/7/2026 CC Meeting: Introduction and First Read... Page 230 of 373 regulations as well as regulations imposed by other governmental agencies including ABC.
c. Age Verification. Participating businesses shall affix an official DEZ Event branded wristband to the wrist of any individual purchasing an alcoholic beverage to-go after confirming they are 21 years of age or older. Businesses shall use City-approved wristbands to indicate verified patrons. Wristbands shall be worn at all times one is in possession of an alcoholic beverage within the DEZ. Security staff designated by the City and properly trained on ABC guidelines for age verification may also issue wristbands.

City reserves the right to require a specific age-verification method for any event, regardless of size, based on safety, enforcement, or operational considerations. d. Purchase in DEZ. Outside alcohol is not allowed to be consumed within the DEZ.

Alcoholic beverages consumed within the DEZ must be purchased at a participating business licensed for on-site sales and consumed only within the activated portion of the DEZ.
e. Containers. Alcohol may not be served in a glass or metal container. The containers may be disposable. Alcoholic beverages must be served in a cup that is unique to DEZ Events to ensure easy identification for enforcement personnel. All beverages must be served in new cups and patrons may not reuse personal cups or cups from previous drinks. This ensures consistency for age verification, compliance with City requirements, and promotes public health and safety. The City reserves the right to determine the specific cup color(s), size, or material requirements for any event, based on safety, enforcement, or operational considerations.
f. Disposal & Waste Diversion. The participating business will be responsible for providing sufficient receptables for patrons to recycle their cups before exiting the DEZ. g. No Carry-ins. Alcoholic beverages purchased at one business may not be brought into any other business regardless of if they have an alcohol license or not. h. Boundaries. No open containers of alcoholic beverages may be removed from the activated portion of the DEZ. Signage shall be located at the boundaries of the DEZ notifying the public that alcoholic beverages may not be removed from the DEZ. i. To-go containers purchased from participating business must be taken directly to the DEZ. Exits and walkways through other businesses, nonactivated portions of the DEZ, or outside the DEZ boundaries, may not be used by customers carrying open containers of alcohol.
ii. To-go containers may not be carried across any non-activated street, sidewalk, alley, or other public right-of-way outside of the DEZ. i. Signage. Signs shall be posted within all participating businesses and at every entry and exit point of the DEZ. The signage must instruct patrons not to carry alcoholic beverages outside the DEZ (e.g., “No Alcoholic Beverages Beyond This Point”) and convey the boundaries of the activated area within the DEZ.

Continued Hearing from 10/7/2026 CC Meeting: Introduction and First Read... Page 231 of 373 j. Security. Every participating business within the DEZ is responsible for the safety and security of their patrons and the surrounding neighborhood. Businesses are required to prohibit open containers or closed containers of alcoholic beverages acquired outside their premises.

Security provided during activations of the DEZ shall be provided through a combination of contracted private security and the Indio Police Department, based on the operational needs of each DEZ Event.

Continued Hearing from 10/7/2026 CC Meeting: Introduction and First Read... Page 232 of 373 City of Indio
City Council
October 21, 2026

STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Steven Graham Pacifico, City Attorney
Subject: Continued Hearing from 10/7/2026 CC Meeting: 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. 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.

4. 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.

5. 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 AGENDA ITEM #11.2
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 233 of 373 amendments to Chapter 12 ("Enforcement of Code"), read by title only, waive further reading, and hold first reading.

6. Consider Amendments to Ordinances Nos. 1851, 1852, and 1853 related to existing properties, festival periods, and protection of residential neighborhoods.

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 12 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 City Council held the noticed public hearing on the three ordinances on October 7, 2026 and continued introduction and first reading to this meeting.

The Council versions implement the Commission's direction, add clarity on day use of short-term rentals, and strengthen the noise-enforcement pathways.

This report also describes, in Part H, three companion amendments to Chapter 4.28 that staff has developed at the direction of the City Council, which requested that consultations occur amongst various interested stakeholders as well as review by the Police Chief. The three proposals have been separated by subject matter for ease of review, a Festivals Amendment (proposed § 4.28.11), a Deemed Approved Amendment (proposed § 4.28.12), and an Interior Properties Amendment

Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 234 of 373 (proposed § 4.28.13). The companion amendments can be added by the City Council at this first reading if the City Council desires.

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.

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

Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 235 of 373 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 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

Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 236 of 373 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 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]

Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 237 of 373 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.

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.

Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 238 of 373 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.

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

Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 239 of 373 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 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.

Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 240 of 373 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 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

Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 241 of 373 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 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.

Proposed companion amendments to Chapter 4.28
Since the October 7, 2026 City Council meeting, staff has continued to meet with the owners of the City's existing event properties, with business stakeholders, with the Police Chief and staff, and reviewed correspondence with the Polo Club Master Association (PCMA). Three companion amendments to Chapter 4.28 have been drafted as a result. The Council can add the amendments for introduction on October 21 if that is the Council's desire. Each draft follows one structure:
purpose and findings, definitions, operative text, conforming amendments to Ordinances 1851 through 1853, and legislative findings on General Plan consistency, internal consistency, and CEQA. Section 6 of Ordinance No. 1851 already directs the annual implementation report to address festival-period regulations, so the reporting framework for the companion amendments is in place.

Festivals Amendment (proposed § 4.28.11). This amendment was drafted after consultation with the Chief of Police, who reviewed the operational provisions and identified two distinct categories of event-related impact during the City's Major Music Festival Events: the protection of Avenue 50 and the other arterials and secondary highways serving the festival grounds as functioning roadways, and the protection of residential streets, including the private streets of gated communities such as Trilogy at the Polo Club, from event-related traffic, parking, and noise. The amendment is not an overlay zone and changes no zone boundary. It applies only within the Festival Neighborhoods Area, defined as every residentially zoned Property within the Southern Neighborhoods and Festival District subareas shown on Figure 3-5 of the General Plan Land Use and Urban Design Element, and only during a Festival Period, defined as the five days before through the five days after the

Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 242 of 373 performance days of each Major Music Festival Event, as the Director publishes them from the City's approvals for the event.

Deemed Approved Amendment (proposed § 4.28.12). This amendment was drafted after discussions with the owners of the City's existing event properties and with business stakeholders, who asked how properties that have operated for years under City-issued Temporary Use Permits would move into the new permit system. The amendment is a transitional measure. It allows an Existing Event Property to register for a Deemed Approved Permit, confirmed by the Director ministerially from the City's own records, in place of a discretionary AUP or CUP application, and it subjects that permit to every operating standard of Chapter 4.28 plus performance standards, neighbor notice, a compliance review, and a strike-based revocation process of its own.

Interior Properties Amendment (proposed § 4.28.13). This amendment was drafted after staff reviewed correspondence from the Polo Club Master Association, public comments from resident of the Trilogy neighborhood and consulted with both the Chief of Police and the owner of the Zenda Estate property. It responds to the difference between an event property with direct access to an arterial and one that is reached only by traveling a substantial distance along residential streets, where every attendee vehicle, rideshare, vendor truck, delivery, and load-out passes the homes of residents who are not attending. The amendment authorizes no use and relaxes no standard; it imposes additional operating standards on Interior Properties and regulates the conduct of the permittee, not the use of any street by its residents or the public.

How the three amendments fit together. The drafts have been conformed to one another. The Interior Property definition in proposed § 4.28.13, keyed to access distance along residential streets, is the definition the Festivals Amendment uses to divide Interior Properties from Arterial Frontage Properties, and the monitoring, notice, and shuttle requirements of § 4.28.13 apply to every Festival Period Event at an Interior Property regardless of attendance. A Deemed Approved Permit is a Covered Permit under § 4.28.13 and qualifies a Property as an Eligible Property under § 4.28.11, with its fixed maximum attendance serving as the base for the festival-period multiplier. Festival eligibility is layered on the permit and is lost on entry into Enhanced Enforcement Status however established, while the Deemed Approved Permit itself may be suspended or revoked for noise only on Objective Noise Strikes established by measurement. In the shorthand used in discussions with stakeholders, the Avenue 50 properties are Arterial Frontage Properties and the Zenda and Los Palos properties are Interior Properties, but the classification is made for each Property by the Director's measurement under § 4.28.13 and not by name.

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

Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 243 of 373 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 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;

Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 244 of 373

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
Festivals Amendment - Draft Ordinance Text conformed
Interior Properties Amendment - Draft Ordinance Text rev 10-16 Deemed Approved Amendment - Draft Ordinance Text rev 10-16 APPROVAL(S):

Jonathan Nicks, City Manager Approved - 16 Oct 2026

Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 245 of 373 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.

Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 246 of 373 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

Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 247 of 373 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.

Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 248 of 373 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.

Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 249 of 373 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.

Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 250 of 373

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

Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 251 of 373 °'" °‘ 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

Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 252 of 373 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

Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 253 of 373 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.

Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 254 of 373

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

Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 255 of 373 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

Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 256 of 373 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 25 of 141 AGENDA ITEM #11.2 Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 257 of 373 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.