Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 258 of 373 (C) Regulatory Actions to Protect the Environment. Independently, the Ordinance is categorically exempt under Guidelines § 15307 (Class 7) and § 15308 (Class 8) as an action taken by a regulatory agency, as authorized by state and local law, to assure the maintenance, restoration, enhancement, or protection of a natural resource and the environment, where the regulatory process involves procedures for protection of the environment. The Ordinance does not relax any existing standard, involves no construction activity, and imposes attendance thresholds, public notice, discretionary findings, objective noise and hour standards, sanitation and emergency-access requirements, and suspension and revocation remedies that do not exist under current law.
(D) No Exception Applies. None of the exceptions in Guidelines § 15300.2 applies.
The Ordinance does not approve any activity at any site; it applies uniformly to residentially zoned property throughout the City; there are no unusual circumstances, because the Ordinance regulates rather than authorizes an activity that already occurs; and cumulative impacts of multiple permitted events, if any, will be addressed through the findings and conditions required for each Administrative Use Permit and Conditional Use Permit, including the findings in Sections 4.28.05(B)(2) and (C)(2).
(E) Consistency with the General Plan EIR. The General Plan Noise Element anticipated that “temporary noise sources, such as construction activities and special events, may increase in frequency; however, there would be no fundamental change in the nature of these sources and existing regulation under the noise ordinance would continue” (p. 11-7). The Ordinance is within the scope of that analysis.
(F) Notice of Exemption. The Community Development Director is directed to file a Notice of Exemption with the County Clerk of the County of Riverside within five working days after the adoption of this Ordinance, in accordance with Public Resources Code § 21152(b) and Guidelines § 15062.
SECTION 8. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 9. RELATIONSHIP TO OTHER PROVISIONS. This Ordinance regulates events and assembly uses accessory to residential uses and the procedures applicable to permits for such uses. To the extent that any provision of the Indio Municipal Code or the Unified Development Code addressing that subject matter is in conflict with the provisions of this Ordinance, the provisions of this Ordinance shall control. Except as expressly provided in Sections 3, 4, and 5 of this Ordinance,
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 259 of 373 nothing in this Ordinance amends the land use regulations or development standards of any zoning district, and nothing in this Ordinance authorizes any use not otherwise allowed by Article 2 of the Unified Development Code as amended by this Ordinance. In the event of any conflict between this Ordinance and the General Plan, the General Plan shall control.
SECTION 10. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after its final passage and adoption.
SECTION 11. PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED on this 21st day of October, 2026. _________________________________
ELAINE HOLMES, MAYOR
ATTEST:
CITY CLERK
____________________________________
SABDI SANCHEZ, MMC
DIRECTOR OF CITY CLERK SERVICES
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EXHIBIT A
4.28. REGULATION OF EVENTS USES IN RESIDENTIAL ZONES
4.28.01. Purpose and applicability.
(A) Purpose. The purpose of this Chapter is to regulate events and assembly uses occurring on residentially zoned property in order to: (1) minimize adverse secondary impacts on surrounding neighborhoods; (2) preserve the residential character, public peace, health, safety, and general welfare of the community; (3) prevent the conversion of dwellings into de facto commercial event venues without appropriate review; (4) provide clear, objective procedures for the review and conditioning of such uses; and (5) distinguish, in objective terms, between the customary use of a home for family, social, cultural, religious, civic, and neighborhood gatherings, which this Chapter does not regulate, and the recurring or commercial-scale use of residential property for events, which it does. (B) Applicability.
(1) This Chapter applies to events and assembly uses conducted on property located within all residential zones, including but not limited to any planned development, specific plan, or overlay zones that allow residential uses. (2) Where a property is located in a mixed-use or commercial zone that permits residential uses, the Director shall determine, based on the nature and intensity of the proposed event and whether the property is in lawful residential use, whether the event is more appropriately regulated under this Chapter or under the commercial use standards applicable to that zone, and shall state the basis for that determination in writing.
(3) This Chapter regulates events on residential property, including but not limited to weddings, receptions, parties, fundraisers, and similar assembly uses, whether or not compensation is charged.
(4) This Chapter is in addition to and shall be applied concurrently with all other applicable provisions of the Indio Municipal Code, including but not limited to:
Chapter 12 (Enforcement of Code); Chapter 95C (Noise Control); Chapter 130, Division 11 (Social Host Responsibility and Loud or Unruly Events); Chapter 113 (Entertainment Permits); and Chapter 37 (Regulation of Short-Term Rentals), where an event or assembly use occurs at a permitted short-term rental. (C) Gatherings and Events at Short-Term Rentals. Nothing in this Chapter authorizes any use that is expressly prohibited or restricted under Chapter 37. A gathering or event at a permitted short-term rental is lawful only if it falls within one of the following categories: (1) an Ordinary Daytime Gathering conducted in compliance with Section 37.012(B)(2) of the Indio Municipal Code; (2) on a property of one (1) acre or more, an Ordinary Residential Gathering as defined in this Chapter that also complies with the occupancy allowance of Section
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37.012(B)(2); or (3) a Regulated Residential Event conducted under, and in compliance with, a valid AUP or CUP issued under this Chapter. A Regulated Residential Event conducted in compliance with a valid AUP or CUP constitutes express authorization under this Code for purposes of Chapter 37, and shall not be deemed a violation of Chapter 37 or evidence that the property is a “party house” as defined in that Chapter; provided that the stricter of the noise and hour limitations of this Chapter, the permit, and Chapter 37 shall apply during the event.
A gathering at a short-term rental that exceeds both the allowance of Section
37.012(B)(2) and the applicable threshold under this Chapter, and is not authorized by an AUP or CUP, is a Regulated Residential Event conducted without a permit and is enforceable under both this Chapter and Chapter 37.
(D) Customary residential gatherings. The City does not regulate, and this Chapter shall be construed so as not to regulate, the customary use of a home for family, social, cultural, religious, civic, and neighborhood gatherings, including birthdays, quinceañeras, graduations, anniversaries, weddings and receptions of household members, holiday celebrations, religious observances, memorials, family reunions, barbecues, pool parties, neighborhood gatherings, and similar occasions, that are customary and incidental to residential living, do not constitute a Regulated Residential Event as defined in § 4.28.02, and comply with all other applicable provisions of this Code. The retention of customary support services for such a gathering, as described in the definition of Ordinary Residential Gathering, does not make the gathering a Regulated Residential Event.
4.28.02. Definitions.
For purposes of this Chapter, the following words and phrases shall have the meanings set forth below, unless the context clearly indicates otherwise.
ADMINISTRATIVE USE PERMIT (AUP). An Administrative Use Permit processed and acted upon pursuant to the procedures set forth in Article 6 (Administration + Procedures) for discretionary approvals that may be granted administratively by the Director subject to conditions.
CONDITIONAL USE PERMIT (CUP). A Conditional Use Permit processed and acted upon pursuant to the procedures set forth in Article 6 (Administration + Procedures) requiring public hearing and decision by the Planning Commission.
DESIGNATED HEARING OFFICER. The enforcement hearing officer appointed pursuant to Chapter 12 of the Indio Municipal Code and subject to the independence and disqualification requirements of Section 12.12.03 of that Chapter.
EVENT OR ASSEMBLY USE. A planned or organized gathering of persons on a residential property for a specific purpose or occasion, which may include, but is not limited to, a wedding, reception, party, fundraiser, ceremony, celebration, or similar social, civic, or commercial activity. “Event or assembly use” includes setup, breakdown, and any associated vendor activities. An Event or Assembly Use that
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 262 of 373 does not meet any criterion of the definition of Regulated Residential Event is an Ordinary Residential Gathering or other customary residential activity and is not regulated by this Chapter.
LARGE RESIDENTIAL EVENT. Any Regulated Residential Event that:
(1) Involves a number of attendees present on the property at any one time that exceeds the applicable AUP attendee cap established by § 4.28.04(B) for the net lot area of the property; or
(2) Constitutes Venue Operation, as defined in this Section, as determined by the review authority.
NET LOT AREA. The area of a legal parcel of record, exclusive of any public right-of-way, as shown on the official parcel map, assessor’s parcel records, or other legally recorded document on file with the County or City, determined in accordance with § 4.28.04(C).
ORDINARY DAYTIME GATHERING. A gathering of registered occupants and their invitees at a permitted short-term rental conducted in compliance with Section
37.012(B)(2) of the Indio Municipal Code.
ORDINARY RESIDENTIAL GATHERING. A social, familial, cultural, religious, civic, or neighborhood gathering held on a residential property that is customary and incidental to the residential use of that property, and that satisfies each of the following:
(1) Nature of the Gathering. The gathering is of a type commonly hosted by households in their homes, including but not limited to family life-cycle celebrations; holiday, seasonal, cultural, and religious observances; religious and ceremonial gatherings conducted principally among family and invited guests; ordinary family and social gatherings; and non-commercial civic, charitable, political, educational, neighborhood, or community gatherings. (2) Attendance. The number of persons present on the property at any one time, including hosts, guests, and casual helpers, is fewer than the applicable exempt threshold established by § 4.28.04(B) for the net lot area of the property:
fewer than fifty (50) persons for a Tier 1 property; fewer than one hundred (100) persons for a Tier 2 property; and fewer than [forty (40)] persons for a property with a net lot area of less than one (1) acre. Immediate family members residing in the household, and children under five (5) years of age, shall not be counted toward the applicable threshold.
(3) Non-Commercial Character. The gathering is not conducted as a business or commercial venture. The property is not advertised, marketed, or otherwise held out to the public as an event venue, wedding venue, party house, banquet facility, or similar assembly use, and attendees are not charged admission, rental fees, ticket prices, cover charges, or comparable compensation as a condition of
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 263 of 373 attendance. Voluntary contributions for charitable, religious, or family purposes do not, by themselves, render a gathering commercial. The fact that a dwelling is rented as lodging under Chapter 37 of the Indio Municipal Code does not, by itself, render a gathering of its registered occupants and their invitees commercial. (4) Incidental Support Services Permitted. A gathering shall not lose its status as an Ordinary Residential Gathering solely because the host retains customary support services incidental to home entertaining, including a caterer, bartender, photographer, florist, small acoustic musical ensemble or DJ operating within applicable noise limits, religious officiant, piñata or bounce-house rental, or comparable services, provided that the services do not include professional or commercially amplified concert-style entertainment, professional event-production or staging companies, or other vendor activity that independently causes the gathering to constitute a Regulated Residential Event.
(5) Compliance with Generally Applicable Codes. The gathering is conducted in compliance with Chapter 95C of the Indio Municipal Code concerning noise, Chapter 130 concerning social host responsibility and public nuisances, applicable parking and fire-access requirements, and all other generally applicable provisions of the City’s codes.
PROPERTY. A legal parcel of record located in a residential zone, including the dwelling unit(s) and any associated yards, patios, pools, accessory structures, and parking areas. Two or more contiguous legal parcels that are under common ownership or control and that are used, marketed, or operated together as a single estate or site for events shall be treated as one Property for purposes of the tier thresholds, permit requirements, and cumulative limits of this Chapter, and may be covered by a single AUP or CUP, subject to § 4.28.04(D).
REGULATED RESIDENTIAL EVENT. Any Event or Assembly Use occurring on a property in a residential zone that meets one or more of the following:
(1) Involves a number of attendees present on the property at any one time, including hosts, guests, and vendors, but excluding immediate family members residing in the household and children under five (5) years of age, that equals or exceeds the applicable exempt threshold established by § 4.28.04(B) for the net lot area of the property; or
(2) Is advertised, marketed, or otherwise offered to the public as an “event venue,” “wedding venue,” “party house,” banquet facility, or similar assembly use, or constitutes Venue Operation; or
(3) Involves professional or commercially amplified concert-style entertainment, professional event-production or staging services (including the erection of stages, commercial-grade sound reinforcement, or lighting rigs), or amplified sound that is audible beyond the property line during Quiet Hours as defined in Chapter 95C of the Indio Municipal Code, regardless of whether admission or compensation is charged. The retention of a caterer, bartender, photographer, florist, officiant, bounce-house or similar rental, or a small acoustic
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 264 of 373 ensemble or DJ operating within applicable noise limits does not, by itself, satisfy this criterion; or
(4) Involves the charging of admission, cover charges, rental fees, or other compensation for attendance or use of the property, beyond incidental cost-sharing for food or supplies.
SMALL RESIDENTIAL EVENT. A Regulated Residential Event that:
(1) Involves no more than the applicable AUP attendee cap established by §
4.28.04(B) for the net lot area of the property at any one time; and (2) Is conducted on a property that is not the subject of Venue Operation; and
(3) Meets all other objective standards and limitations set forth in this Code.
A Regulated Residential Event that does not meet all three criteria of this definition shall be classified as a Large Residential Event.
TRANSITIONAL PERIOD. The period beginning on the Effective Date and ending on the last day of the [third (3rd)] full calendar month following the Effective Date, inclusive, during which certain Regulated Residential Events may be authorized by Temporary Use Permits pursuant to § 4.28.10.
VENUE OPERATION. The ongoing or repeated use of a property as an event venue or assembly use such that the event or assembly use is no longer incidental and subordinate to residential occupancy, as determined by the review authority based on the totality of the circumstances. Factors include, but are not limited to: (a) advertising or marketing the property to the public as an event venue; (b) deriving more than fifty percent (50%) of property-related income from event uses; (c) the property being unoccupied as a residence and used predominantly for event hosting; and (d) the frequency of Event or Assembly Uses at the property, considered together with their size and impacts. Frequency alone shall not establish Venue Operation with respect to gatherings that satisfy the definition of Ordinary Residential Gathering.
4.28.03. Applicability; exemptions.
(A) Applicability.
(1) This Chapter applies to all Regulated Residential Events occurring on or after its effective date on property located in residential zones. (2) On and after the AUP/CUP Compliance Date established by § 4.28.10, no Regulated Residential Event shall occur on any residential property unless authorized by an AUP or CUP pursuant to this Chapter or by a Temporary Use Permit issued pursuant to § 4.28.10(C).
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 265 of 373 (B) Exempt gatherings. The following are not subject to this Chapter, provided they comply with all other applicable provisions of the Municipal Code:
(1) Ordinary Residential Gatherings, as defined in § 4.28.02. (2) Activities conducted entirely within the building footprint of the permitted use, or in an outdoor area that is part of the approved site plan for that use, of a place of worship or quasi-public or civic use, such as a community center, library, or nonprofit service facility, that is separately permitted or conditionally permitted in the applicable zone and operating pursuant to a valid discretionary approval. (3) City-sponsored or City-permitted events conducted on public property. (C) Other permits may still be required. Nothing in this Chapter exempts any person or property from any required Entertainment Permit under Chapter 113, to the extent applicable; any Social Host obligations under Chapter 130, Division 11; any Short-Term Rental requirements under Chapter 37; any Temporary Use Permit requirements under Chapter 4.27, during the Transitional Period as provided in §
4.28.10; or any other requirements imposed by this Code or state law. A permit issued under this Chapter is not subject to Discretionary Planning Review under §
6.04.03(F) unless physical improvements requiring a building permit are proposed as part of the application.
(D) Minimum parcel size; ineligible properties.
(1) No AUP or CUP shall be issued under this Chapter, and no application for such a permit shall be accepted, unless the subject property is a residentially zoned parcel with a net lot area of not less than one (1) acre, as established by the official parcel map, assessor's parcel records, or other legally recorded document on file with the County or City.
(2) Properties with a net lot area of less than one (1) acre are not eligible to receive an AUP or CUP under this Chapter. On such properties, an Ordinary Residential Gathering of fewer than [forty (40)] persons that satisfies the other criteria of that definition is a customary residential activity permitted as of right, and any Event or Assembly Use that constitutes a Regulated Residential Event is prohibited. [Optional, for Council consideration: Notwithstanding the foregoing, the Director may issue a Temporary Use Permit pursuant to Chapter 4.27 authorizing a single non-recurring life-cycle event, such as a wedding or memorial of a household member, on a property of less than one (1) acre, not more than once in any rolling twenty-four (24) month period, subject to the operating standards of § 4.28.06.] No variance from this subsection may be granted (see § 6.04.06(B)). (3) The City Council shall consider, as part of the annual implementation report required by the ordinance adopting this Chapter, whether the minimum net lot area established by this subsection should be reduced.
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4.28.04. Permit types and thresholds.
(A) Minimum parcel size prerequisite. The permit types described in this Section are available only to properties that satisfy the minimum parcel size eligibility requirement set forth in § 4.28.03(D). No AUP or CUP shall be issued, and no application shall be deemed complete, unless the subject property is a residentially zoned parcel with a net lot area of not less than one (1) acre. (B) Tiered attendee thresholds. The attendee limits applicable to AUPs and CUPs issued under this Chapter, and the exempt thresholds below which a gathering constitutes an Ordinary Residential Gathering not subject to this Chapter, shall be determined by the net lot area of the subject property as follows. Attendance is the single threshold criterion. The number, timing, and seasonal distribution of events authorized by an AUP shall be established by the Director through conditions of approval, and the number and frequency of events authorized by a CUP shall be established by the Planning Commission through conditions of approval. (1) Tier 1 Properties of one (1) acre to less than two and one-half (2.5) acres:
(a) Exempt threshold. Gatherings of fewer than fifty (50) persons present on the property at any one time constitute Ordinary Residential Gatherings and are not subject to this Chapter, provided all other conditions of § 4.28.02 (ORDINARY RESIDENTIAL GATHERING) are met.
(b) AUP range. A Small Residential Event involving fifty (50) to one hundred (100) attendees present on the property at any one time may be authorized by an AUP, in the number and on the dates or during the seasons established by conditions of approval.
(c) CUP required. A Large Residential Event involving more than one hundred (100) attendees present on the property at any one time requires a CUP.
The maximum attendance, number, and frequency of events authorized under a CUP for a Tier 1 property shall be determined by the Planning Commission through conditions of approval, and are not limited by the AUP range, subject only to the Building Code, the Fire Code, and the findings and conditions of the CUP. (2) Tier 2 Properties of two and one-half (2.5) acres or more:
(a) Exempt threshold. Gatherings of fewer than one hundred (100) persons present on the property at any one time constitute Ordinary Residential Gatherings and are not subject to this Chapter, provided all other conditions of §
4.28.02 (ORDINARY RESIDENTIAL GATHERING) are met.
(b) AUP range. A Small Residential Event involving one hundred (100) to one hundred fifty (150) attendees present on the property at any one time may be authorized by an AUP, in the number and on the dates or during the seasons established by conditions of approval.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 267 of 373 (c) CUP required. A Large Residential Event involving more than one hundred fifty (150) attendees present on the property at any one time requires a CUP. The maximum attendance, number, and frequency of events authorized under a CUP for a Tier 2 property shall be determined by the Planning Commission through conditions of approval, and are not limited by the AUP range, subject only to the Building Code, the Fire Code, and the findings and conditions of the CUP. (C) Determination of net lot area. For purposes of applying the tiers established by subsection (B), the net lot area of the subject property shall be determined at the time of application based on the official parcel map, assessor’s parcel records, or other legally recorded document on file with the County or City, consistent with the definition set forth in § 4.28.02. The applicable tier shall be fixed at the time of permit issuance and shall not change during the term of the permit solely due to changes in assessor’s records, unless the physical boundaries of the parcel are altered by a subsequent lot line adjustment, merger, or subdivision. (D) Cumulative thresholds; commonly controlled parcels. For purposes of determining whether the AUP or CUP thresholds are exceeded, the number of attendees and number of events shall be calculated per Property, including all dwellings and outdoor spaces on that Property, regardless of how many different hosts or organizers conduct events on that Property. Where contiguous parcels under common ownership or control are treated as one Property pursuant to §
4.28.02, the tier shall be determined by the combined net lot area, a single AUP or CUP may be issued for the combined Property, and the permit shall be conditioned to become void as to any parcel that ceases to be under common ownership or control. Every application shall disclose all parcels within five hundred (500) feet of the subject property in which the applicant, the property owner, or any person or entity with an ownership or controlling interest in the subject property holds an ownership or controlling interest.
(E) Other discretionary approvals. Where a proposed event or assembly use would also require another discretionary permit under the Unified Development Code, such permits may be processed concurrently with the AUP or CUP required by this Chapter.
4.28.05. Application requirements and review procedures. (A) Application contents. In addition to any information required by Article 6 for AUPs and CUPs, an application for a permit under this Chapter shall include, at a minimum:
(1) The name, address, and contact information of the property owner; (2) A site plan showing all existing structures, yards, pools, accessory structures, off-street parking spaces, and access points; (3) A description of the proposed events, including:
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 268 of 373 (a) The maximum number of attendees expected at any one time; (b) The number of events proposed per calendar year;
(c) Proposed hours of operation, including set-up and breakdown; (d) Any proposed amplified music or entertainment, including location of speakers and stage area;
(e) Anticipated number and type of vehicles, parking plan, and any proposed valet or shuttle services;
(f) Any proposed catering, alcohol service, or similar vendor activities; and
(g) A security and crowd-management plan as required by §
4.28.06(F)(2), identifying on-site management, any private security personnel, alcohol-service controls, and arrival and departure management; (h) A parking and transportation plan sized to the
maximum proposed attendance, demonstrating that all guest and vendor vehicles will be parked on the property or removed by valet or shuttle to an off-site location, and using the City’s parking ratios for assembly uses as the default basis for estimating demand; and
(i) For any property not connected to a public sewer
system, a sanitation plan demonstrating, for the maximum proposed attendance, either (1) that the onsite wastewater treatment system has capacity adequate for the proposed use, as confirmed in writing by the Building Official under the California Plumbing Code, or (2) that temporary sanitation facilities, including portable restrooms and handwashing stations serviced by a licensed hauler, will be provided in a number adequate for the maximum attendance.
(4) A written neighborhood management plan, including a twenty-four (24) hour event contact telephone number that will be answered during every event, procedures for responding to complaints and to contacts from City personnel, and procedures for managing noise and parking and ensuring compliance with conditions of approval.
(5) Any other information deemed reasonably necessary by the Director to evaluate the potential impacts of the proposed event use. (6) Proof of general commercial liability insurance in a minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, naming the City of Indio as an additional insured, in a form approved by the City.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 269 of 373 (7) A signed indemnification and hold harmless agreement, in a form approved by the City Attorney, in which the permittee agrees to defend, indemnify, and hold harmless the City and its officers, employees, and agents from any and all claims arising from or related to the authorized event. (8) Applicants are encouraged to apply for the maximum event program (attendance, number, and hours) they intend to operate, so that minor variations may be accommodated under § 4.28.05(E) without amendment. (9) Notice of applications and decisions. Applications for an AUP under this Chapter shall be noticed as provided in § 6.03.08 for Administrative Permits, except that the mailed notice required by § 6.03.08(A) shall be delivered to the owners and the occupants of all parcels within the required radius, and, for a Tier 2 property, the Director shall provide notice within a radius of not less than [one thousand (1,000)] feet pursuant to the authority of § 6.03.08(A)(2). The Director shall consider all written comments received before the date of action. The Director’s decision on an AUP is subject to call for review and appeal as provided in §§ 6.03.12 and 6.03.13. Applications for a CUP shall be noticed and heard as provided in §§ 6.03.08 and 6.04.04(E)(1).
(B) AUP Findings for approval. An AUP for a Small Residential Event may be approved only if all applicable findings required by Article 6 and all of the following findings can be made:
(1) The property is in lawful residential use, and the proposed event use is clearly incidental and subordinate to the primary residential use of the property and will not convert the property into a de facto commercial event venue; (2) The size, frequency, and duration of the events, including set-up and breakdown, considered together with other permitted event uses in the vicinity, will not create significant adverse impacts on neighboring properties with respect to noise, parking, traffic, privacy, sanitation, or public safety, or such impacts are mitigated to an acceptable level through conditions of approval; (3) Adequate off-street and/or managed parking is provided, or feasible measures are imposed, to minimize spillover parking impacts on adjacent streets and properties;
(4) The event or assembly use will comply with all other applicable laws, including other provisions of this Code and any applicable state or federal requirements;
(5) Conditions of approval can be imposed to ensure that the event or assembly use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 270 of 373 (6) The proposed event or assembly use is consistent with the General Plan, including the applicable land use designation and the policies of the Noise, Infrastructure and Public Facilities, and Safety Elements, and with any applicable specific plan or area plan policies; and
(7) Adequate sanitation facilities, emergency access, and fire access will be provided for the maximum proposed attendance, as demonstrated by the application.
(C) CUP Findings for approval. A CUP for a Large Residential Event or higherintensity event use may be approved only if all applicable findings required by Article 6 and all of the following findings can be made:
(1) The property is in lawful residential use, and the proposed event or assembly use is compatible with the residential character of the surrounding area and remains incidental and subordinate to the residential use of the property; (2) The size, frequency, and duration of the events, including set-up and breakdown, considered together with other permitted event uses in the vicinity, will not create significant adverse impacts on neighboring properties with respect to noise, parking, traffic, privacy, sanitation, or public safety, or such impacts are mitigated to an acceptable level through conditions of approval; (3) Adequate off-street and/or managed parking is provided, or feasible measures are imposed, to minimize spillover parking impacts on adjacent streets and properties.
(4) The event or assembly use will comply with all other applicable laws, including other provisions of this Code and any applicable state or federal requirements.
(5) Conditions of approval can be imposed to ensure that the event or assembly use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. (6) The proposed event or assembly use is consistent with the General Plan, including the applicable land use designation and the policies of the Noise, Infrastructure and Public Facilities, and Safety Elements, and with any applicable specific plan or area plan policies; and
(7) Adequate sanitation facilities, emergency access, and fire access will be provided for the maximum proposed attendance, as demonstrated by the application.
(D) Conditions of approval.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 271 of 373 (1) The review authority may impose any reasonable conditions on an AUP or CUP approved under this Chapter necessary to mitigate potential impacts and ensure compliance with the findings above, including but not limited to:
(a) Limits on the number of events per year, per month, or per season, and required intervals between events;
(b) Limits on maximum attendance;
(c) Restrictions on hours of operation, including separate limits for amplified music, food service, and outdoor use;
(d) Requirements for noise monitoring, including City-approved timestamped sound-level monitoring devices at the property line, third-party monitoring funded by the permittee, or sound-limiting devices, and soundlevel limits at the property line of any receiving residential property that are more restrictive than, or in addition to, the objective standards of Chapter 95C;
(e) Parking and traffic management measures, including the requirement that all guest and vendor vehicles be parked on the property or removed by valet or shuttle to an off-site location, and not parked in front of any other residence or any community facility;
(f) Requirements for on-site management, security, or event staff pursuant to the security and crowd-management plan approved under §
4.28.06(F)(2);
(g) Prohibitions on certain types of entertainment or equipment (e.g., subwoofers, outdoor stages), and setbacks or buffer distances for stages, speakers, and outdoor activity areas from residential structures on adjoining parcels, which shall be not less than [one hundred (100)] feet for amplified sound sources where the property adjoins a parcel designated for a higher residential density;
(h) Ongoing reporting or neighbor-notification requirements, including, for any event expected to have [seventy-five (75)] or more attendees, written notice to the owners and occupants of all parcels within five hundred (500) feet of the property not less than [seven (7)] days before the event stating the date, the hours, the on-site event contact telephone number, and the Indio Police Department non-emergency telephone number; and (i) For events conducted entirely within an enclosed
structure that satisfies the occupancy requirements of the Building Code and the Fire Code, noise, hour, and security conditions that differ from those applicable to outdoor events, provided that no amplified sound is audible beyond the property line during Quiet Hours.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 272 of 373 (2) Conditions of approval may be modified or added through subsequent amendment to the AUP or CUP at the request of the permittee, subject to the applicable procedures in Article 6, or by the Director pursuant to § 4.28.08. (E) Minor modifications. Notwithstanding § 6.03.16, the Director may approve in writing, without amendment of the permit, a minor deviation from an approved AUP or CUP that (1) does not increase the maximum attendance by more than [ten percent (10%)] and does not exceed the AUP attendee cap for the property’s tier where the permit is an AUP, (2) does not extend the hours of operation or the Quiet Hours, (3) involves only a change in the layout of event areas, the substitution of vendors, or a comparable operational detail, and (4) is consistent with the findings and conditions of the permit. Any other change requires an amendment of the permit under Article 6.
4.28.06. Operational standards and performance requirements. (A) Compliance with approvals. All Regulated Residential Events shall comply with the terms and conditions of the applicable AUP or CUP and all other applicable provisions of this Code.
(B) Hours of operation. Unless more restrictive hours are imposed by the AUP or CUP, Regulated Residential Events shall comply with the following:
(1) Regulated Residential Events, including guest arrival and departure, food and beverage service, entertainment, and use of outdoor amenities, shall be limited to the hours of 8:00 a.m. to 11:00 p.m. Sunday through Thursday and 8:00 a.m. to 12:00 midnight Friday and Saturday. These hours are an objective citywide standard; they may be made more restrictive, but not less restrictive, by conditions of approval.
(2) Nothing in this subsection authorizes any noise, amplified sound, or outdoor activity that is otherwise prohibited by subsection (C) of this Section or Chapter 95C of the Code. Breakdown and vendor load-out after the end of an event shall be conducted without amplified sound, with vehicles staged on the property, and in a manner that minimizes noise and disruption to neighboring properties. (C) Noise and amplified sound.
(1) No amplified music or other amplified sound equipment, and no outdoor event activities (including use of outdoor amenities such as patios, decks, balconies, pools, spas, fire pits, outdoor kitchens, and yard areas), shall be conducted in a manner that is plainly audible beyond the property line during Quiet Hours, as defined in Chapter 95C of the Code [10:00 p.m. to 8:00 a.m. Sunday through Thursday and 11:00 p.m. to 8:00 a.m. Friday and Saturday for residential amplified sound and outdoor activity], except as expressly authorized by conditions of approval adopted pursuant to Section 95C.03A(E) of the Code.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 273 of 373 (2) Set-up and breakdown activities shall be conducted in a manner that minimizes noise and disruption to neighboring properties, particularly during the quiet hours identified in subsection (C)(1).
(3) Events shall comply with all applicable provisions of Chapter 95C (Noise Control), including the objective exterior noise standards of Section 95C.03A measured at the property line of any receiving residential property, and any more restrictive sound-level or audibility limits imposed by an AUP or CUP. The exemption in Section 95C.09(C) does not apply to a Regulated Residential Event except to the extent the AUP or CUP expressly establishes different hours or sound limits pursuant to Section 95C.03A(E).
(4) Where amplified sound is permitted under an AUP or CUP, the review authority may require the use of sound-limiting devices, placement of speakers away from neighboring properties, setbacks for sound sources, City-approved sound-level monitoring devices with time-stamped data available to the City on request, or other measures to minimize noise impacts.
(D) Parking and traffic.
(1) All guest and vendor vehicles shall be parked on the property or removed by valet or shuttle to an off-site location approved in the parking and transportation plan, and shall not be parked in front of any other residence or any community facility.
(2) The review authority shall require a parking and transportation plan sized to the maximum permitted attendance, using the City’s parking ratios for assembly uses as the default basis for estimating demand, and may require valet, shuttle, or offsite parking arrangements, limits on shuttle vehicle size, and traffic control to minimize congestion on residential streets, including private streets within gated communities that provide the sole access to the property. (3) No event shall obstruct access to driveways, fire hydrants, or public rights-of-way.
(E) Social host and alcohol.
(1) All events shall comply with Chapter 130, Division 11 (Social Host Responsibility and Loud or Unruly Events) and all applicable state and local laws regarding the service and consumption of alcohol and controlled substances. (2) Nothing in this Chapter authorizes the sale or service of alcohol in violation of state law or the California Department of Alcoholic Beverage Control regulations.
(F) Public health and safety.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 274 of 373 (1) All events shall maintain adequate emergency access, fire access, fire safety, and sanitation conditions, including the provision of restrooms, handwashing facilities, recycling and organic waste diversion, and waste disposal as required by this Code, the sanitation plan approved under § 4.28.05(A)(3)(i), and any conditions of approval.
(2) Security and crowd-management plan. Every application shall include a security and crowd-management plan, which shall be reviewed and approved by the Chief of Police or designee before the permit is issued. Based on the anticipated attendance, whether alcohol will be served, the hours and end time of the event, the physical layout and access points of the property, the history of prior events at the property, the time of year (including festival-season dates), and the proximity of other residential uses, the Chief of Police may require, as a condition of the plan, one or more of the following: an on-site manager responsible for the event and reachable at the event contact number for its duration; licensed private security personnel in a specified number, which may be stated as a ratio to attendance; state-licensed security guards; and specified duties for such personnel during peak arrival and departure periods. Where the Chief of Police determines in writing that the size and character of a proposed event do not warrant security personnel, an on-site manager shall be sufficient.
(3) City public-safety personnel. Where the Chief of Police determines, based on the factors set forth in subsection (F)(2) and stated in writing, that the presence of City public-safety personnel is warranted for an event or class of events, the permittee shall facilitate the presence of on-site public safety personnel designated by the Chief of Police or designee, which may include a sworn police officer, code enforcement officer, or community service officer, in the type, number, and hours determined by the Chief of Police. All costs associated with providing such public safety personnel shall be borne by the permittee at the rates established by City Council resolution, consistent with General Plan Safety Element Policy SE-1.9. This requirement is in addition to, and not in lieu of, any private security or on-site management required by the security and crowd-management plan. (G) Event contact. The permittee shall maintain a telephone number, stated in the neighborhood management plan and on all pre-event notices, that is answered by the permittee or the on-site manager throughout every Regulated Residential Event. The permittee or on-site manager shall respond to a telephone call or text message from City personnel within fifteen (15) minutes and, if requested by City personnel, in person at the property within forty-five (45) minutes.
4.28.07. Coordination with other Titles.
Compliance with this Chapter does not authorize or excuse any violation of any other provision of this Code, including but not limited to Chapter 12, Chapter 95C, Chapter 130, Chapter 113 or Chapter 37, except that a Regulated Residential Event conducted under and in compliance with a valid AUP or CUP constitutes express
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 275 of 373 authorization under this Code for purposes of Chapter 37 as provided in §
4.28.01(C).
4.28.08. Enforcement; annual compliance review; suspension, modification, and revocation; appeals.
(A) It is unlawful for any person to conduct, permit, allow, cause, advertise, organize, or facilitate a Regulated Residential Event in violation of: (1) Any provision of this Chapter; (2) Any term or condition of an Administrative Use Permit, Conditional Use Permit, Temporary Use Permit, or other approval issued for the property; (3) Any approved site plan, parking and transportation plan, neighborhood management plan, security and crowd-management plan, sanitation plan, or other document incorporated into an approval; or (4) Any other applicable provision of the Indio Municipal Code or state law. Each violation of this Chapter is a discrete violation complete upon its occurrence and is enforceable as provided in § 4.28.08(O).
(B) Each condition of approval imposed on a permit issued under this Chapter constitutes a separate and independently enforceable obligation. Violation of each condition constitutes a separate violation, regardless of whether multiple violations arise from the same event or course of conduct.
(C) Each event conducted without a required permit or in violation of a permit constitutes a separate violation. Each day, or portion of a day, during which a violation continues constitutes a separate violation.
(D) The property owner, permittee, event organizer, operator, and any person who knowingly causes, allows, or facilitates a violation may each be held responsible for the violation.
(E) Annual compliance review. The Director shall conduct an annual compliance review of each active Administrative Use Permit and Conditional Use Permit issued under this Chapter. The annual compliance review shall be completed at least once during each twelve-month period following the effective date of the permit. The Director may establish a uniform annual review schedule for administrative convenience, provided that an active permit is reviewed no less frequently than once every twelve months. The annual compliance review is not a permit renewal and does not create, extend, confirm, or confer any vested right. Failure of the City to complete an annual review within the prescribed period does not invalidate the permit, prohibit a later review, or limit the City’s enforcement authority. (F) Grounds for corrective action, modification, suspension, or revocation. The Director may require corrective action or may modify, suspend, or revoke a permit issued under this Chapter upon finding that one or more of the following circumstances exist:
(1) The permit was obtained or maintained through fraud, a materially false statement, a material omission, or materially inaccurate information;
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 276 of 373 (2) The permittee, property owner, operator, or event organizer has violated this Chapter or a condition of approval;
(3) Two or more material substantiated violations have occurred at the property within a rolling twelve-month period, or the property has entered Enhanced Enforcement Status under Section 95C.10 of the Indio Municipal Code; (4) Three or more substantiated violations of any kind associated with events at the property have occurred within a rolling twelve-month period; (5) A single serious incident occurred that caused or presented a substantial risk of death, bodily injury, violence, fire, overcrowding, blocked emergency access, significant property damage, or another substantial threat to public health or safety;
(6) Events have exceeded the authorized attendance, frequency, operating hours, or other limitations of the permit;
(7) The permittee failed to provide required private security, City publicsafety personnel, parking controls, sanitation facilities, insurance, emergency access, or other required protective measures;
(8) The permittee or property owner failed to timely comply with a notice of violation, corrective directive, administrative order, or other lawful City requirement;
(9) The permittee, property owner, operator, local contact, or event organizer failed to respond appropriately to an active violation, substantiated complaint, emergency, or request from City personnel;
(10) The event use has generated a recurring pattern of noise, traffic, parking, crowd-control, public-safety, privacy, or neighborhood impacts; (11) The permittee failed to provide records or information required by this Chapter or reasonably requested as part of an annual compliance review; (12) The use has been materially expanded or changed without City approval;
(13) The property is being advertised, marketed, or operated as a commercial event venue beyond the scope authorized by the permit; (14) The property or event operation no longer complies with applicable building, fire, zoning, health, safety, or other legal requirements; (15) The permittee failed to maintain required insurance or indemnification obligations;
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 277 of 373 (16) The permit has been abandoned, the authorized use has ceased for twelve consecutive months, or the permittee has ceased to possess the legal authority necessary to conduct the approved use; or
(17) Changed circumstances prevent one or more findings required for approval of the permit from continuing to be made.
(G) Factors considered. In determining whether to require corrective action or to modify, suspend, or revoke a permit, the Director and, on appeal, the Designated Hearing Officer shall consider the totality of the circumstances, including:
(1) The nature, severity, duration, frequency, and proximity in time of the violations;
(2) The actual or potential harm caused by the violations; (3) Whether the conduct was intentional, negligent, or beyond the reasonable control of the permittee;
(4) The permittee’s history of compliance, including whether the permittee has operated without substantiated violations for a sustained period; (5) The permittee’s responsiveness to complaints and City enforcement contacts;
(6) Whether the permittee promptly corrected the violation and took reasonable measures to prevent recurrence;
(7) Whether prior warnings, added conditions, corrective measures, citations, or temporary suspensions have been effective;
(8) The number and nature of police, fire, code enforcement, or other publicsafety responses associated with the property; (9) The impact of the event use on surrounding residential properties; and (10) Whether modification or suspension would adequately protect the public and achieve compliance without revocation.
(H) Director’s administrative action. Based upon an annual compliance review or information received at any other time, the Director may: (1) Issue a warning or notice of violation; (2) Require corrective action within a specified period; (3) Impose or modify reasonable conditions of approval; (4) Reduce authorized attendance, event frequency, operating hours, or the areas of the property that may be used for events; (5) Require additional parking, transportation, noisecontrol, security, staffing, sanitation, monitoring, reporting, or neighborhoodprotection measures; (6) Suspend the permit for a specified period; or (7) Revoke
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 278 of 373 the permit. Except as provided in subsection (I), before modifying, suspending, or revoking a permit, the Director shall provide the property owner and permittee with written notice stating the proposed action, the factual and legal grounds for the proposed action, the date by which the property owner or permittee may submit a written response and supporting evidence, which shall be no fewer than ten calendar days after service of the notice; and the right to appeal any final decision pursuant to subsection (I). A modification, suspension, or revocation imposed under this subsection becomes effective upon expiration of the appeal period unless a timely appeal is filed. A timely appeal stays the Director’s decision until the hearing officer issues a final decision, except as otherwise provided for an immediate action under subsection (I).
(I) Immediate suspension or cessation order. Notwithstanding the above, the Director of Community Development, Chief of Police, Fire Chief, Building Official, Code Enforcement Manager, or their respective designees may immediately suspend a permit or order an event or event operation to cease when there is reasonable cause to believe that continued operation: (1) Presents an immediate or substantial threat to public health or safety; (2) Involves violence, fire, dangerous overcrowding, blocked emergency access, significant structural or electrical hazards, or another dangerous condition; (3) Materially exceeds authorized attendance, meaning attendance exceeding the permitted maximum by more than [ten percent (10%)] or twenty-five (25) persons, whichever is less, or creates a crowd-control condition that cannot reasonably be corrected while the event continues; (4) Constitutes a loud or unruly event or public nuisance that has not been abated within the compliance period afforded under Section 95C.10 of the Code; (5) Is being conducted without the on-site management, security, or publicsafety personnel required by the approved security and crowd-management plan; (6) Is occurring without a required permit or after a permit has expired, been suspended, or been revoked; or (7) Is otherwise likely to result in substantial and immediate harm if allowed to continue. An immediate order is effective when given and is not stayed by an appeal. A person subject to an immediate suspension or cessation order may request an expedited appeal pursuant to subsection (K). (J) Appeal to Designated Hearing Officer. The property owner or permittee may appeal a final decision of the Director to modify, suspend, or revoke a permit by filing a written appeal with the City Clerk within [ten (10)] calendar days after service of the decision, consistent with Section 12.11.01 of the Indio Municipal Code. The appeal shall identify the decision being appealed, state each ground for the appeal, identify the relief requested, include any supporting documents the appellant wishes the hearing officer to consider, and be accompanied by any appeal fee established by City Council resolution. Failure to timely file a complete appeal and pay the applicable appeal fee waives the right to an administrative appeal, and the decision becomes final. The appeal shall be heard by the Designated Hearing Officer, who shall be neutral, shall not have participated in the investigation, prosecution, or initial decision being appealed, and shall be subject to the independence, compensation, and disqualification requirements of Section 12.12.03 of the Indio Municipal Code. The appeal hearing shall be conducted de novo. The hearing officer may consider all relevant evidence presented by City staff, the
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 279 of 373 appellant, and other interested persons, regardless of whether the evidence was presented to the Director. Formal rules of evidence do not apply. The hearing officer may consider evidence of the type upon which reasonable persons commonly rely in the conduct of serious affairs. The hearing officer may exclude evidence that is irrelevant, cumulative, or unduly repetitious. The City bears the burden of establishing the grounds for modification, suspension, or revocation by a preponderance of the evidence. The hearing officer may affirm the Director’s decision, reverse the Director’s decision, modify the action imposed, impose, remove, or revise conditions of approval, reduce or extend a suspension, substitute corrective measures for suspension or revocation, remand the matter to the Director for further proceedings consistent with the hearing officer’s direction, or grant any other relief authorized by this Chapter and supported by the record. The hearing officer shall issue a written decision containing findings and the reasons for the decision. The hearing officer’s decision shall be served on the appellant and shall constitute the City’s final administrative decision, effective upon service. The decision of the hearing officer is not appealable to the Planning Commission or City Council. Judicial review may be sought by petition for writ of administrative mandamus within the time provided by Code of Civil Procedure Section 1094.6, as provided in Section 12.12.08 of the Indio Municipal Code. [Alternative for City Council consideration — Option A: Within ten (10) calendar days after service of the hearing officer’s decision, the appellant or the Director may appeal the decision to the City Council, which shall review the decision on the record made before the hearing officer and may affirm, reverse, or modify it; the Council’s decision is the City’s final administrative decision. Option B: Appeals under this subsection shall be heard by a panel of three (3) Designated Hearing Officers, whose decision by majority vote is the City’s final administrative decision.] (K) Expedited appeal of immediate action. A person subject to an immediate suspension or cessation order may file a request for expedited appeal with the City Clerk within five (5) calendar days after service of the written order. The filing of an expedited appeal does not stay the immediate suspension or cessation order. The City shall schedule the expedited hearing before the Designated Hearing Officer within ten (10) calendar days after the request is filed, unless the appellant requests or agrees to a later date or extraordinary circumstances make a hearing within that period impracticable. The hearing officer shall issue a written decision within five (5) calendar days after the matter is submitted. In an expedited appeal, the City bears the burden of demonstrating by a preponderance of the evidence that grounds existed for the immediate action and that continuation of the action is reasonably necessary to protect public health, safety, or welfare or to abate an ongoing unlawful condition.
(L) Effect of suspension or revocation. During a suspension, no Regulated Residential Event may be advertised, booked, conducted, permitted, allowed, or facilitated at the property under the suspended permit. Upon revocation all event operations authorized by the permit shall cease, all advertising and marketing relying upon the permit shall be removed, no person may represent that the property is authorized to operate as an event venue under this Chapter and no new application for an AUP or CUP under this Chapter may be submitted for the property
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 280 of 373 for twelve months after the effective date of revocation, unless the hearing officer’s decision establishes a longer period not exceeding twenty-four months based on the severity or recurrence of the violations. Suspension or revocation does not relieve any person from liability for violations occurring before or during the suspension or revocation proceedings. A permit that has been suspended or revoked may not be transferred, assigned, or used by another person or entity. (M) A violation of this Chapter may be enforced through any remedy authorized by the Indio Municipal Code or applicable law. The remedies established by this Chapter are cumulative. The exercise of one remedy does not preclude the City from pursuing any other available remedy.
(N) Controlling procedure. Notwithstanding any contrary provision of Article 6 (Administration + Procedures), including Sections 6.02.01(D)–(E), 6.02.02(D)–(G),
6.02.03, 6.02.04 and Table 6.02.04-1 (as to modification, suspension, and revocation of permits), 6.03.08, 6.03.10, 6.03.12, 6.03.13, 6.03.14, 6.03.16, and
6.03.17, the procedures in this Section exclusively govern the annual compliance review, corrective action, modification, suspension, and revocation of permits issued under this Chapter, and the administrative appeal of any such action, which shall be heard and finally decided by the Designated Hearing Officer and shall not be subject to call for review by, or appeal to, the Planning Commission or City Council. Applications for the initial approval, denial, permittee-requested amendment, or extension of an AUP or CUP under this Chapter shall be processed, noticed, decided, called for review, and appealed in accordance with Article 6, including § 6.03.13, under which the applicant, the property owner, or any other person aggrieved may appeal a decision of the Director to the Planning Commission and a decision of the Planning Commission to the City Council. Where this Section is silent, applicable provisions of Article 6 may be used to supplement these procedures, provided they are not inconsistent with this Section. A permit issued under this Chapter is exercised, for purposes of § 6.03.15, upon the conduct of the first Regulated Residential Event authorized by it.
(O) Relationship to Chapter 12. Except as expressly provided in this Chapter, violations of this Chapter shall be enforced in accordance with Chapter 12 (Enforcement of Code) of the Indio Municipal Code, and in the event of a conflict this Chapter shall control. This Chapter may be enforced by any enforcement official, as defined in Section 12.01.01 of the Indio Municipal Code, and by any officer or employee designated in Section 12.02.03; nothing in this Chapter confers any power of arrest beyond that provided in Section 12.02.06. Each Regulated Residential Event conducted without a required permit, in excess of the attendance, hours, or other limits of a permit, or in violation of a condition of approval is a discrete violation complete upon its occurrence, is not a continuing violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues within the meaning of Section 12.08.02(A)(1) of the Indio Municipal Code or Government Code Section 53069.4(a)(2), and may be cited without a prior compliance order or grace period; provided that a noise violation occurring during a Regulated Residential Event shall be subject to the compliance period and Enhanced Enforcement Status provisions of Section 95C.10 of the Indio Municipal Code.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 281 of 373 Administrative citation fines for violations of this Chapter shall be in the amounts established by Section 95C.10(D)(1)(b) of the Indio Municipal Code for events regulated by this Chapter, or as otherwise established by City Council resolution.
Suspension and revocation of a permit under this Chapter is an appealable action for purposes of Section 12.11.01(A) of the Indio Municipal Code, as provided in subsections (J) and (K); the stay provided in Section 12.11.01(D) applies to a modification, suspension, or revocation under subsection (H) and does not apply to an immediate order under subsection (I).
4.28.09. Recordkeeping and reporting.
(A) Recordkeeping. The property owner or operator shall maintain records for at least three (3) years documenting each Regulated Residential Event conducted pursuant to an AUP or CUP, including:
(1) Date and hours of the event;
(2) Approximate number of attendees;
(3) Description of the event (e.g., wedding, reception, fundraiser); and (4) Any complaints received and actions taken in response. (B) Inspection and audit. Such records shall be made available to the City upon reasonable notice for the limited purpose of verifying compliance with this Chapter and any applicable conditions of approval.
4.28.10. Effective date; transitional provisions.
(A) Effective Date; Transitional Period; AUP/CUP Compliance Date. (1) This Chapter shall take effect on the effective date of the ordinance adopting it (the “Effective Date”).
(2) The “Transitional Period” is the period beginning on the Effective Date and ending on the last day of the [third (3rd)] full calendar month following the Effective Date, inclusive.
(3) The “AUP/CUP Compliance Date” is the first day following the end of the Transitional Period. On and after the AUP/CUP Compliance Date, no Regulated Residential Event shall be conducted except (a) under an AUP or CUP issued under this Chapter, or (b) under a Temporary Use Permit issued under subsection (C) for a property with an Active Application.
(4) The Director shall publish the Effective Date, the last day of the Transitional Period, and the AUP/CUP Compliance Date on the City’s website upon adoption of the ordinance adopting this Chapter.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 282 of 373 (B) Regulated Residential Events during the Transitional Period. (1) A Regulated Residential Event occurring during the Transitional Period may be authorized by a Temporary Use Permit (“TUP”) issued pursuant to Chapter
4.27 and § 6.04.05 and reviewed under the standards of § 4.28.06 as provided in §
4.27.04(B)(9), in lieu of an AUP or CUP under this Chapter. No AUP or CUP is required for a Regulated Residential Event occurring during the Transitional Period. (2) In reviewing any TUP application under this Section, the Director shall apply the operating standards of § 4.28.06, may apply the findings of this Chapter to the extent feasible, and may impose conditions consistent with this Chapter. (3) No TUP issued under this subsection (B) shall authorize a Regulated Residential Event occurring on or after the AUP/CUP Compliance Date. (4) An application for an AUP or CUP under this Chapter may be filed at any time on or after the Effective Date.
(C) Regulated Residential Events on or after the AUP/CUP Compliance Date; Active Applications.
(1) Active Application. As used in this Section, an “Active Application” is an application for an AUP or CUP under this Chapter for the property on which the Regulated Residential Event is to be conducted that satisfies all of the following: (a) the application was filed with the City on or before the AUP/CUP Compliance Date; (b) the application has been determined by the Director to be complete; (c) all application fees and deposits required by the City’s adopted fee schedule for the application were paid in full on or before the AUP/CUP Compliance Date; and (d) the application has not been withdrawn, deemed abandoned, or Finally Determined.
An application filed, or for which the required fees and deposits were paid, after the AUP/CUP Compliance Date is not an Active Application, and no Regulated Residential Event may be conducted on the property on or after the AUP/CUP Compliance Date until an AUP or CUP on that application has been approved and has taken effect. If the Director determines under Government Code § 65943 that an application filed on or before the AUP/CUP Compliance Date is incomplete, the applicant shall submit the information identified in the Director’s written determination within thirty (30) calendar days after the date of that determination; an application for which the identified information is not submitted within that period is deemed abandoned and shall not be, or become, an Active Application. (2) Final Determination. An Active Application is “Finally Determined,” and the “Final Determination” occurs, on the date on which both of the following have occurred: (a) the application has been approved, conditionally approved, or denied by the City’s final decision-maker, including the decision on any appeal or call for review under this Chapter and Article 6, or the time to file an appeal or call for review has expired with none filed; and (b) either (i) the time for seeking judicial review of the City’s decision under any applicable statute, including Code of Civil Procedure § 1094.6, Government Code § 65009, and Public Resources Code §
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 283 of 373 21167, has expired with no action or proceeding having been filed, or (ii) if an action or proceeding challenging the City’s decision or its compliance with the California Environmental Quality Act has been filed, a final judgment, order, or decision has been entered and all appeals, petitions for review, and remand proceedings have been exhausted or the time for them has expired. (3) TUPs for properties with an Active Application. On and after the AUP/CUP Compliance Date and until the Final Determination of the Active Application, the owner of a property with an Active Application may apply for, and the Director may issue, a TUP under the standards of subsection (B)(2) authorizing specific Regulated Residential Events at that property on dates on or after the AUP/CUP Compliance Date. Each such TUP shall identify the Active Application and the specific event date or dates it authorizes. A timely appeal, call for review, or action or proceeding challenging the approval of an AUP or CUP does not invalidate a TUP lawfully issued under this subsection.
(4) Properties without an Active Application. On and after the AUP/CUP Compliance Date, the City shall not accept a TUP application for, and shall not issue a TUP authorizing, a Regulated Residential Event at any property that does not have an Active Application.
(5) Effect of Final Determination, withdrawal, or abandonment. Upon the Final Determination of an Active Application, or upon its withdrawal or abandonment, no further TUP shall be applied for or issued under subsection (C)(3) for the property. If the AUP or CUP is approved, Regulated Residential Events at the property shall thereafter be conducted under the AUP or CUP in accordance with its terms. A TUP lawfully issued under subsection (C)(3) before the Final Determination, withdrawal, or abandonment shall not authorize any Regulated Residential Event occurring more than sixty (60) days after the date of the Final Determination, withdrawal, or abandonment.
(D) No vested rights; no nonconforming use. Nothing in this Section shall be construed to create any vested right to conduct events in excess of the limitations or standards established by this Chapter after the AUP/CUP Compliance Date, and the filing of an Active Application confers no right to its approval. No event or assembly activity conducted on residential property before the Effective Date, whether or not under a Temporary Use Permit, constitutes a lawfully established use, a legal nonconforming use, or a use “lawfully existing without a permit” within the meaning of § 6.07.04, and Chapter 6.07 shall not apply to such activity. The exclusive means of conducting a Regulated Residential Event after the Effective Date is a TUP issued under subsection (B) or (C) or an AUP or CUP issued under this Chapter. Existing lawfully issued Temporary Use Permits and short-term rental permits continue according to their terms until they expire, but no Temporary Use Permit issued before the Effective Date shall authorize a Regulated Residential Event occurring on or after the AUP/CUP Compliance Date.
EXHIBIT B
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 284 of 373 AMENDMENT TO TABLE 2.02.02-1 (ALLOWED USES – RESIDENTIAL ZONES)
1. Table 2.02.02-1 of the Indio Unified Development Code is amended by inserting the following row under the heading “Residential Uses,” in alphabetical order following “Manufactured/Mobile Home Park” (legend: P = Permitted; AUP = Administrative Use Permit; CUP = Conditional Use Permit; TUP = Temporary Use Permit; A = Accessory Use; X = Not Permitted):
Use¹ DE-1 DET-3 SN-4 SN-8 MH Additional/Specific
Use Regulations
Regulated
Residential
Event
(Accessory)
A⁴,
AUP⁴,
CUP⁴
A⁴,
AUP⁴,
CUP⁴
A⁴,
AUP⁴,
CUP⁴
A⁴,
AUP⁴,
CUP⁴
X See Chapter 4.28
(Regulation of
Events Uses in
Residential Zones)
[Alternative for City Council consideration: enter “X” for SN-4 and SN-8, confining the use to the DE-1 and DET-3 zones.]
2. Table 2.02.02-1 is further amended by revising the entries for “Live Entertainment as Accessory Use, Indoors (Accessory)” and “Live Entertainment as Accessory Use, Outdoors (Accessory)” under the heading “Eating and Drinking Establishments and Entertainment Uses” from “X” to “X⁵” in each of the DE-1, DET3, SN-4, and SN-8 columns.
3. The Table Notes to Table 2.02.02-1 are amended by adding the following notes:
“4. Permitted only as an accessory use on a lot with a net lot area of one (1) acre (43,560 square feet) or more that contains a lawfully established single-family dwelling, including a legal nonconforming single-family dwelling, occupied or maintained as the primary use of the lot, and only upon issuance of an Administrative Use Permit or Conditional Use Permit as specified in Chapter 4.28 (Regulation of Events Uses in Residential Zones) based on the size and intensity of the events. A Regulated Residential Event conducted in compliance with a permit issued under Chapter 4.28 shall be deemed an accessory use customarily associated with and subordinate to the residential use of the lot. Ordinary Residential Gatherings, as defined in Chapter 4.28, are part of the principal residential use and are not subject to this row. During the Transitional Period specified in Chapter 4.28, a Regulated Residential Event may be authorized by a Temporary Use Permit (TUP) as provided in that Chapter. This row does not authorize any lodging, commercial assembly, or event-venue use independent of the residential use of the lot and does not modify Chapter 37, Chapter 95C, or Chapter 113 of the Indio Municipal Code.”
“5. Not permitted, except that live or recorded music, dancing, and other entertainment conducted as part of a Regulated Residential Event authorized by a permit issued under Chapter 4.28 (Regulation of Events Uses in Residential Zones), or as part of an Ordinary Residential Gathering as defined in that Chapter, in compliance with the conditions of any such permit and with Chapter 95C (Noise
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 285 of 373 Control) of the Indio Municipal Code, is permitted as part of the residential use of the lot.”
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 286 of 373 ORDINANCE NO. 1852
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF INDIO, CALIFORNIA, AMENDING AND
RESTATING CHAPTER 37 OF THE INDIO MUNICIPAL
CODE REGARDING THE REGULATION OF SHORTTERM RENTALS
WHEREAS, the City of Indio (“City”) periodically reviews its Municipal Code to ensure administrative efficiency and clarity for its residents; and WHEREAS, effective January 1, 2026, the California Legislature enacted the Short-Term Rental Facilitator Act of 2025, Government Code sections 50990 through 50996, which authorizes a local agency to make the Act applicable within its jurisdiction and to require specified reporting by short-term rental facilitators; and
WHEREAS, pursuant to Government Code section 50990, subdivision (b), the City hereby makes the provisions of the Short-Term Rental Facilitator Act of 2025, Government Code sections 50990 through 50996, applicable within the City’s jurisdictional boundaries.
WHEREAS, the City Council desires to amend and restate Chapter 37 in its entirety to confirm that short-term rentals are a transient lodging use and not event venues or “party houses,” to clarify overnight and daytime occupancy limits while preserving the ability of registered occupants to host ordinary daytime family and social gatherings, to coordinate this chapter with Chapter 4.28 of the Unified Development Code and Chapter 95C of this Code, to strengthen enforcement mechanisms, to implement the Short-Term Rental Facilitator Act of 2025, and to explicitly address the City’s role regarding private land use restrictions; and WHEREAS, the Planning Commission reviewed the proposed amendments to this chapter at its duly noticed public hearing of July 22 and August 12, 2026, and provided advisory comments that are reflected in this Ordinance; and WHEREAS, under existing Section 37.012(B)(2) of this chapter, a shortterm rental on a lot of 14,500 square feet or more may host “a gathering of up to and including 40 persons” with no special event permit, and larger gatherings and events may be authorized by special event permit, and the City Council finds that this Ordinance, which limits daytime occupancy, requires that ordinary daytime gatherings be registered, non-commercial, and conducted within noise and parking limits, and routes all larger events to Chapter 4.28 of the Unified Development Code, is more protective of surrounding residential neighborhoods than existing law; and
WHEREAS, the City Council has determined that this Ordinance is necessary to protect the public health, safety, and general welfare of the community; and
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 287 of 373 WHEREAS, the City Council held a duly noticed public hearing on October 7, 2026 to consider the introduction of this Ordinance and has considered all evidence and testimony presented.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS. The City Council hereby finds that the above recitals are true and correct and are incorporated herein by this reference as the Council’s findings. The Council further determines that short-term rentals (STRs) provide a valuable source of transient lodging but must be balanced against the needs of long-term residents and the public health and safety of the community.
SECTION 2. AMENDMENT AND RESTATEMENT. Chapter 37 of the Indio Municipal Code is hereby amended and restated in its entirety as set forth in Exhibit “A”, attached hereto and incorporated herein by reference.
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council finds and determines, on each of the following independent and alternative grounds, that the adoption of this Ordinance is not subject to, or is exempt from, the California Environmental Quality Act (Public Resources Code § 21000 et seq.) and the State CEQA Guidelines: (A) the Ordinance establishes regulatory standards, permit procedures, and enforcement protocols for an existing lodging use, approves no development, construction, or use at any specific location, and has no potential to cause a direct or reasonably foreseeable indirect physical change in the environment, and therefore is not a “project” under Public Resources Code § 21065 and Guidelines § 15378, and CEQA does not apply pursuant to Guidelines § 15060(c)(2) and (c)(3); (B) independently, the Ordinance is exempt under Guidelines § 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of the Ordinance may have a significant effect on the environment, in that, measured against existing conditions under which a shortterm rental may host a 40-person gathering without a permit and larger events by special event permit, the Ordinance can only maintain or reduce the intensity of activity at short-term rentals; and (C) independently, the Ordinance is categorically exempt under Guidelines §§ 15307 and 15308 as an action by a regulatory agency to protect the environment, which relaxes no existing standard and involves no construction. None of the exceptions in Guidelines § 15300.2 applies. The Community Development Director is directed to file a Notice of Exemption with the County Clerk within five working days after adoption of this Ordinance.
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 288 of 373 SECTION 5. RELATIONSHIP TO OTHER PROVISIONS. This Ordinance regulates the use of residential dwelling units as short-term rentals. To the extent that any provision of the Indio Municipal Code or the Unified Development Code addressing that subject matter is in conflict with the provisions of this Ordinance, the provisions of this Ordinance shall control. Nothing in this Ordinance amends the land use regulations or development standards of any zoning district.
In the event of any conflict between this Ordinance and the General Plan, the General Plan shall control.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after its final passage and adoption.
SECTION 7. PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED on this 21st day of October, 2026. _________________________________
ELAINE HOLMES, MAYOR
ATTEST:
CITY CLERK
____________________________________
SABDI SANCHEZ, MMC
DIRECTOR OF CITY CLERK SERVICES
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 289 of 373
EXHIBIT A
Chapter 37 REGULATION OF SHORT-TERM RENTALS
§ 37.001 Purpose.
§ 37.002 Definitions.
§ 37.003 Authorized agent or representative.
§ 37.004 Permit requirement.
§ 37.005 Short-term rental permit application.
§ 37.006 Inspection.
§ 37.007 Application investigation.
§ 37.008 Approval or denial of permit.
§ 37.009 Permit personal to operator; nontransferability; no property rights. § 37.010 Permit expiration and renewal.
§ 37.011 Change in mailing address and property ownership; cease use as a short term rental.
§ 37.012 Operational requirements and standards.
§ 37.013 Short-term rental registry.
§ 37.014 Hosting platform requirements.
§ 37.015 Prohibited activities.
§ 37.016 Permit suspension, modification or revocation. § 37.017 Notice and appeals.
§ 37.018 Violations and penalties.
§ 37.019 Recordkeeping.
§ 37.020 Requirements not exclusive.
§ 37.021 Administration and administrative regulations. § 37.022 Relationship to Chapter 12.
§ 37.001 Purpose.
(A) The purpose of this chapter is to establish regulations for the use of privately owned residential dwelling units as short-term rentals in order to: (1) minimize adverse secondary impacts of such uses on surrounding residential neighborhoods; (2) preserve the residential character, public peace, health, safety and general welfare of the community; (3) ensure that such units are used solely for bona fide transient lodging purposes by registered occupants and their invitees, including the ordinary daytime gatherings that families and other groups customarily hold at a home, and not as event venues, “party houses,” or other commercial or assembly uses absent express authorization under this Code; and (4) ensure the proper collection and payment of transient occupancy taxes.
(B) This chapter is not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 290 of 373 applicable to the owner’s property that may prohibit or restrict the use of such owner’s residential property for short-term rental purposes as defined in this chapter. Compliance with this chapter is in addition to, and not in lieu of, compliance with any other such private conditions, covenants and restrictions. § 37.002 Definitions.
The definitions set forth in this section shall govern the meaning and construction of the words and phrases used in this chapter, except where the context of such words and phrases clearly indicates a different meaning or construction.
APPLICABLE LAWS, RULES AND REGULATIONS
Any laws, rules, regulations and codes (whether local, state or federal) pertaining to the use and occupancy of a privately owned dwelling unit as a short-term rental.
APPLICANT
An owner applying for a short-term rental permit or renewal permit, or a prospective owner applicant seeking preliminary processing pursuant to § 37.011. A prospective owner applicant shall not be considered an owner, operator, permittee, or holder of a short-term rental permit unless and until title has transferred and the City has issued a permit or provisional operating authorization in that applicant’s name.
BEDROOM
An area of a short-term rental normally occupied and being heated or cooled by any equipment for human habitation, which consists of four walls to the ceiling, at least one of which is located along an exterior wall with a window, and contains a built-in closet.
CHANGE OF CONTROL
Any transaction or series of related transactions resulting in a transfer of fifty percent or more of the ownership, beneficial ownership, voting rights, management authority, or controlling interest in an entity that owns or operates a short-term rental. A change of control constitutes a transfer for purposes of this chapter, regardless of whether title to the property is transferred.
CLUSTER or COMPOUND
Any two or more short-term rentals that operate on a unified or shared basis where occupants of such short-term rentals have exclusive access to more than one shortterm rental and/or the facilities of such short-term rentals, including by way of example, a swimming pool, tennis court, or cooking facilities.
COACHELLA VALLEY
The territory within the boundaries of the cities of Desert Hot Springs, Palm Springs, Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, La Quinta, Indio, Coachella, and the unincorporated area of Riverside County that is within the territorial boundaries of the Palm Springs and Desert Sands Unified School District, and that portion of the Coachella Valley Unified School District located within
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 291 of 373 Riverside County, as such boundaries may be adjusted from time to time as allowed for under the law.
CONTRACT
A written agreement or evidence of any tenancy that allows or provides for the short-term rental of property.
DESIGNATED HEARING OFFICER
The enforcement hearing officer appointed pursuant to Chapter 12 of this Code and subject to the independence and disqualification requirements of Section 12.12.03 of that Chapter.
ENHANCED ENFORCEMENT STATUS
The status of a property described in Section 95C.10(C)(2) of this Code.
DE-LIST or DE-LISTING
To remove or suppress a short-term rental listing from public display and to disable the ability of any person to advertise, reserve, book, pay for, or otherwise facilitate occupancy of the short-term rental through a marketplace. De-listing does not require the deletion of records that the short-term rental facilitator is otherwise required or permitted to retain.
HOSTING PLATFORM
A person or entity that participates in the short-term rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation. "Hosting platforms" usually, though not necessarily, conduct booking transactions through an internet-based platform that allows an operator or owner to advertise a rental unit on a website provided by the "hosting platform" and potential renters to arrange use and payment, whether the renter pays rent directly to the operator, owner or the "hosting platform."
For purposes of this chapter, a hosting platform is deemed to be a “short-term rental facilitator” and is subject to all obligations imposed on short-term rental facilitators under this chapter and state law.
LOCAL CONTACT PERSON
The person designated by the owner who shall be available 24 hours per day, seven days per week for the purpose of: (1) responding in person to the short-term rental within 45 minutes to complaints regarding the condition, operation, or conduct of occupants of the short-term rental unit; and (2) taking remedial action to resolve any such complaints. The "local contact person" must reside in the Coachella Valley.
MARKETPLACE
A physical or electronic place, including, but not limited to, a store, booth, internet website, catalog, television or radio broadcast, or a dedicated sales software application, where a person facilitates the occupancy of a short-term rental for delivery within the City.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 292 of 373
MULTI-FAMILY HOUSING
Any complex, structure or a portion of a structure zoned, used and/or designated as rental dwellings and that includes two or more independent dwelling units. This includes, but is not limited to, duplexes, triplexes, quadriplex, apartments, and townhouses.
OCCUPANT
An individual that is present on the property during the duration of the short-term rental contracted stay. An "occupant" may also be a responsible person. Persons hired by the owner to perform bona fide cleaning, maintenance, landscaping, construction, repair or similar services on the property will not be considered to be "occupants," provided said persons are solely engaged in activities directly related to the services for which they were hired. Children under five (5) years of age are occupants for all purposes of this chapter, including the responsibility of the responsible person for their conduct, but shall not be counted toward any occupancy limit or gathering allowance established by this chapter.
ORDINARY DAYTIME GATHERING
A gathering of the registered occupants of a short-term rental and their invitees that satisfies each of the requirements of Section 37.012(B)(2)(b).
OWNER
The person(s), corporation(s) or other legal entity(ies) that hold(s) legal and/or equitable title to the property used as a short-term rental.
PARTY HOUSE
Any residential dwelling or short-term rental that is used, allowed, or operated in a manner in which the primary or repeated use of the premises is for events, parties, receptions, concerts, or other large social gatherings, whether or not a fee or other consideration is charged or collected, such that the dwelling functions in whole or in part as an event venue, banquet facility, nightclub, bar, or similar commercial or assembly use rather than for bona fide transient lodging by registered occupants.
Evidence that a property is being used or operated as a party house may include, but is not limited to, the advertising or promotion of events, parties, or gatherings at the property; the charging of admission, cover charges, or similar fees for entrance or participation; the repeated or primary use of the property for gatherings rather than lodging; a gathering that exceeds the daytime occupancy limits of Section 37.012(B)(2) and does not qualify as an Ordinary Daytime Gathering; professional or commercially amplified concert-style entertainment or professional event-production or staging services; or substantiated noise violations.
An Ordinary Daytime Gathering conducted in compliance with Section
37.012(B)(2), and a Regulated Residential Event conducted in compliance with a valid permit issued under Chapter 4.28 of the Unified Development Code, are not evidence that a property is a party house.
PERMIT and RENEWAL PERMIT
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 293 of 373 A permit that allows the use of a privately owned residential dwelling unit as a short-term rental pursuant to the provisions of this chapter.
PERMIT ADMINISTRATOR
The Finance Director or such other city employee as may be designated by the City Manager to administer the provisions of this chapter.
PERMITTEE
The short-term rental operator named on a permit issued pursuant to this chapter.
PROPERTY
A residential legal lot of record on which a short-term rental is located. Where a short-term rental is located on a property treated as a single Property under Chapter 4.28 of the Unified Development Code, the occupancy limits of this chapter apply to each dwelling unit separately.
PROSPECTIVE OWNER APPLICANT
A person or entity that is contractually obligated to acquire ownership of a property under a written purchase agreement or escrow and that seeks preliminary processing of an application before acquiring title.
PROVISIONAL OPERATING AUTHORIZATION
A temporary, conditional authorization issued by the Permit Administrator after a prospective owner applicant acquires title to a property. A provisional operating authorization is not a short-term rental permit, does not constitute a transfer or continuation of the prior owner’s permit, creates no vested right, and may be immediately suspended or revoked.
RECREATIONAL VEHICLE
A vehicle intended for temporary occupancy, with or without a motor, including without limitation any automobile, motorhome, travel trailer, truck campers, camping trailers, park trailers, fifth wheel trailers, house cars, trailer coaches, slide in or pop up campers, truck campers, tent trailers and any boat or house boat.
RESPONSIBLE PERSON
The signatory on the contract for a short-term rental and/or any person(s) occupying the short-term rental without a contract and whom is legally responsible for ensuring that all occupants of the short-term rental comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term rental unit.
SHORT-TERM RENTAL
Any privately owned residential dwelling, as defined by the city's zoning ordinance, that is offered for rent and/or rented by the owner to another party with or without a contract for transient lodging purposes for a period of not more than 30 consecutive calendar days in exchange for any form of monetary or non-monetary
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 294 of 373 consideration, including but not limited to trade, fee, swap or any other consideration in lieu of cash payment. A short-term rental shall be used solely for transient lodging by registered occupants and their invitees and for normal residential activities incidental thereto, and shall not be used or operated as an event venue, “party house,” or other commercial or assembly use. The term "dwelling" does not include any impermanent, transitory, or mobile means of temporary lodging that is located on the same property as the "short-term rental," including but not limited to a vehicle parked on the property, storage sheds, mobile homes, recreational vehicles (RVs), car trailers, boats or similar watercrafts, or any temporary structure, including but not limited to camping tents and tree houses.
SHORT-TERM RENTAL OPERATOR or OPERATOR
For purposes of this chapter, the owner to whom the City has issued a short-term rental permit and who is personally responsible for the advertising, renting, operation, management, and maintenance of the short-term rental. An owner’s agent, property manager, local contact person, hosting platform, or short-term rental facilitator does not become the operator or permittee by acting on behalf of the operator.
SHORT-TERM RENTAL FACILITATOR
A person or entity that facilitates for consideration, regardless of whether it is deducted as fees from the transaction, the occupancy of a short-term rental that is not owned by the person facilitating the rental, through a marketplace operated by that person or a related person or entity, and that meets the criteria of Government Code section 50991, subdivision (g), as that section may be amended from time to time. For purposes of this chapter, a “short-term rental facilitator” includes any “hosting platform” as defined in this chapter.
TRANSIENT LODGING
The temporary occupancy of a residential dwelling by one or more persons for a limited duration, where such persons maintain a principal place of residence elsewhere and the primary purpose of the occupancy is lodging and ordinary residential living activities incidental to lodging by the registered occupants and their invitees. Transient lodging does not include the use of a dwelling or short-term rental as an event venue, “party house,” or other commercial or assembly uses.
TRANSIENT OCCUPANCY TAX CERTIFICATION
The transient occupancy registration certificate, account number, or other official transient occupancy tax identification issued by the City pursuant to Chapter 34 of this Code to an operator or property for purposes of collecting and remitting the City’s transient occupancy tax. The term “transient occupancy tax certification” is intended to be construed consistently with Government Code section 50994, as that section may be amended from time to time.
§ 37.003 Authorized agent or representative.
An owner may authorize an agent or representative to comply with the requirements of this chapter on behalf of the owner ("owner's agent"), unless the
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 295 of 373 requirement is to be fulfilled solely by the owner. Notwithstanding, the owner shall not be relieved from any personal liability for noncompliance with any provisions of this chapter or with any applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term rental, regardless of whether such noncompliance was committed by the owner's agent or the occupants of the owner's short-term rental or their guests. Failure of an owner's agent to comply with this chapter shall be deemed noncompliance by the owner. § 37.004 Permit requirement.
(A) No owner or any other person, shall advertise, cause, allow, conduct, permit, maintain or facilitate a short-term rental at any residential dwelling unit in the city without first obtaining a permit pursuant to this chapter, and complying with all other applicable provisions of the Indio Municipal Code ("Municipal Code") such as the maintenance of a business license as set forth in Chapter 110 of the Municipal Code and compliance with the city's transient occupancy tax ordinance set forth in Chapter 34 of the Municipal Code.
(B) Failure to obtain an initial permit or renewal permit before renting and/or advertising the short-term rental shall result in fines, penalties and other remedies as provided for in this chapter, including but not limited to future denial of such permit.
(C) The permit shall be valid only for the number of bedrooms the city establishes as eligible for listing as a short-term rental.
(D) The permit authorizes the use of the dwelling solely as a short-term rental for transient lodging purposes, including Ordinary Daytime Gatherings conducted in compliance with Section 37.012(B)(2), and does not authorize its use as an event venue, “party house,” or other commercial or assembly use. A Regulated Residential Event at a short-term rental requires a separate permit under Chapter
4.28 of the Unified Development Code, as provided in Section 37.015(M). § 37.005 Short-term rental permit application.
(A) The owner is required to submit an application, signed by the owner, and obtain a permit from the city pursuant to the provisions of this chapter, before renting any short-term rental. The application shall be in the form provided for by the city and shall be submitted to the Permit Administrator.
(B) The short-term permit application and annual renewal application shall be accompanied by an application fee in the amount established by resolution of the City Council.
(C) The owner shall submit the following information and/or documents as part of its application or renewal application:
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 296 of 373 (1) The name, address, telephone number and email address of the owner of the property;
(2) A copy of the owner's current state-issued driver's license or identification card;
(3) The name, address, telephone numbers and email addresses of any other natural persons, limited liability companies or personal or family trusts that hold any financial interests in the property as well as copies of legal documents creating such financial interests;
(4) The name, address, telephone number and email address of the owner's authorized agent or representative, if any;
(5) The name, address, telephone number and email address of the local contact person available 24 hours a day;
(6) The address of the short-term rental;
(7) The number of bedrooms and the applicable occupancy limit of the shortterm rental; (8) A parking plan indicating the areas where parking is legally available on the property for all vehicles belonging to the occupants; (9) The Uniform Resource Locator (URL) (i.e., website address) for any and all advertisements of the short-term rental of the property; (10) A photo of the front of the short-term rental sufficient to allow the city to visually identify the unit;
(11) An executed indemnification and hold harmless agreement in the form approved by the City Attorney;
(12) Such other information as the Permit Administrator deems reasonably necessary to administer this chapter.
(D) If a short-term rental is located on a property in any area governed by a homeowners' association or community association ("association") and subject to covenants, conditions and restrictions ("CC&Rs"), the applicant shall submit a letter from the association's governing board stating that the CC&Rs and the rules and regulations of the association do not prohibit short-term rentals from operating, including the short-term rental proposed by the applicant. For short-term rentals subject to CC&Rs but not within an association, a copy of the CC&Rs shall be submitted with the application and the applicant shall identify the relevant provisions that demonstrate that short-term rentals are neither regulated nor
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 297 of 373 clearly prohibited by the CC&Rs. A permit shall not be issued where short-term rentals are prohibited by the CC&Rs.
(E) The permit application shall include an affidavit signed by the owner under penalty of perjury attesting that all the information in the application is correct and that the owner maintains full responsibility that the short-term rental shall be advertised, rented, operated and maintained in compliance with this chapter and all other relevant provisions of the Municipal Code.
(F) The owner shall provide proof of general liability insurance that covers the rental of the property as a short-term rental in the aggregate sum of not less than $1,000,000. Alternatively, the owner can provide evidence that each rental occurs through a platform that provides equal or greater insurance coverage. Proof of insurance shall be provided at the time of both initial permit and renewal permit issuance and shall remain in effect for the duration of the annual permit. Failure to maintain liability insurance shall result in suspension of the permit. (G) The permit application shall be accompanied by a consent to inspection form signed by the owner of the property by which the owner agrees and consents to a building, fire and health and safety inspection in addition to the inspection fee in the amount established by resolution of the City Council. No inspection shall occur that is inconsistent with an individual's fourth amendment rights under the United States Constitution or otherwise in violation of rights guaranteed by law. § 37.006 Inspection.
(A) Prior to the issuance of a new permit or a renewal permit, the city shall conduct a building, fire and health and safety inspection of the short-term rental for compliance with this chapter, including verifying the number of bedrooms that were originally permitted and authorized under the original certificate of occupancy for the property as well as verifying that no space has been converted into a bedroom or living space without all required permits. An inspection conducted by city staff will be required for every application for a new permit for a short-term rental and every five years thereafter for the same short term rental permit as long as the owner has been in compliance with this chapter. In the intervening years, the owner shall renew the permit in the manner set forth in this chapter and in lieu of a city inspection, the owner may submit a self-certification signed by the owner on a form approved by the city. Notwithstanding, the city reserves the ability to require a city-conducted inspection at the time permit renewal for any reason. (B) Inspection of the short-term rental by city staff shall be scheduled within 30 days of: (i) receipt of a completed application; (ii) at the next annual renewal following any verified violation involving occupancy, fire or life safety, unpermitted construction, an unauthorized bedroom, refusal of access, a party house, or a condition requiring corrective action; and (iii) at any other time the Permit Administrator reasonably determines that an inspection is necessary based on complaints, observed conditions, changes to the property, discrepancies in City records, or information indicating possible noncompliance. If corrections are
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 298 of 373 required, the owner shall complete the corrections within 30 days of being notified by the city. An extension may be provided by the Permit Administrator, however, failure to make the corrections shall result in the denial of the permit. A reinspection (and accompanying reinspection fee) may be required with respect to the corrections.
(C) No permit or provisional operating authorization shall be issued, and an existing permit or authorization may be suspended, when the City determines that:
(1) A bedroom, sleeping area, garage, accessory structure, enclosed patio, addition, or other habitable area was constructed, converted, or altered without all required permits;
(2) Unpermitted work affects required exits, fire separation, smoke or carbon-monoxide protection, electrical, plumbing, mechanical, structural, pool or spa safety, occupancy, or other life-safety requirements; (3) The configuration or use of the property materially differs from approved plans, the certificate of occupancy, or City building records; or (4) Any condition exists that presents a threat to the health, safety, or welfare of occupants or the public.
A prior STR permit, inspection, renewal, self-certification, tax registration, or business license does not legalize unpermitted construction or prevent the City from requiring correction.
(D) When unpermitted work does not create an immediate life-safety risk and does not affect bedrooms, sleeping areas, maximum occupancy, required parking, exits, pools or spas, or habitable space, the Permit Administrator may allow a specified correction period. During that period, the affected area shall not be advertised, occupied, or used in connection with the STR. Failure to obtain the required permits, complete corrections, and pass reinspection by the stated deadline shall result in denial, suspension, or revocation.
(E) Unpermitted construction involving a bedroom, sleeping area, garage conversion, habitable area, occupancy, required exit, electrical hazard, structural condition, or pool or spa safety shall disqualify the property from provisional operation until the work has been legalized or removed and the property has passed reinspection.
§ 37.007 Application investigation.
(A) Upon receipt of a completed application, the Permit Administrator shall cause an investigation of the applicant and the application as submitted. As part of the investigation, the number of bedrooms in a short-term rental shall be verified by the Permit Administrator using County Assessor and/or city building records, prior to the issuance of a permit.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 299 of 373 (B) The city shall have up to 30 days to process the application, however, no permit shall be issued until such time as the application investigation is complete. The applicant shall be notified of the result in writing.
§ 37.008 Approval or denial of permit.
(A) If, as a result of the investigation conducted by the city, the applicant is found to satisfy all of the requirements of this chapter and no grounds for denial exist, the application shall be approved, and a permit (or renewal permit) shall be issued to the applicant.
(B) The Permit Administrator shall deny an application for a permit (or renewal permit) or may revoke, suspend or modify a permit if any of the following findings are made:
(1) Information contained in the application, or supplemental information requested from the applicant, is false or misleading in any material detail; (2) The owner failed to provide a complete application, after having been notified of the requirement to produce additional information or documents; (3) The owner is delinquent in payment of any city taxes, assessments, fines, or penalties in relation to short-term rental;
(4) If the owner has had a prior short-term rental permit suspended or revoked or has been cited for violating any provision of the Municipal Code relating to any short-term rental property in the city within the past 12 months; (5) The applicant has failed to pay any previous administrative fines, remediate any other violations, and/or complete any other alternative disposition associated with a previous violation of this chapter related to the operation of a short-term rental;
(6) If there is evidence that any governing documents, including CC&Rs, of a common interest development, or the rules or regulations enacted by the association governing the common interest development, prohibit the use of a property for short-term rental purposes;
(7) The applicant has failed to demonstrate an ability to conform to the operational requirements and performance standards set forth in § 37.012; (8) If, at the time the permit application is being submitted, the city has commenced any enforcement proceedings against the owner with respect to the property for which the owner seeks a permit or renewal of a permit;
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 300 of 373 (9) The short-term rental does not comply with all applicable codes regarding fire, building and safety and other relevant laws, ordinance or regulations, including any conditions placed on the permit by the city.
If the permit application is denied, written notice of such denial and the reasons therefore shall be provided to the applicant.
(C) The Permit Administrator shall have the authority to impose additional conditions on the permit for the use of any short-term rental to ensure that any potential secondary effects unique to the subject rental unit are avoided or adequately mitigated. Such conditions include but are not limited to, a mitigating condition that would require the installation of a noise monitoring device to keep time-stamped noise level data from the property that will be made available to the city upon city's reasonable request, or occupancy counting device that monitors the number of persons at the property.
(D) The permit shall contain the name, address of the permittee, a description of the short-term rental to be offered, the number of bedrooms eligible for listing, the maximum occupancy, the date of issuance and term of the permit, a permit registration number, and the signature of the Permit Administrator or his or her designee.
(E) Within 30 days of the issuance of the short-term rental permit or renewal of such permit, the city shall mail a notice to all owners and occupants of residences within 500 feet of the parcel boundaries of the short-term rental notifying the residents that a permit has been issued and providing information regarding how to lodge complaints, if any, regarding the short-term rental. § 37.009 Permit personal to operator; nontransferability; no property rights.
(A) A permit issued pursuant to this chapter is a personal privilege granted solely to the short-term rental operator identified on the permit. A permit is not appurtenant to the property, does not run with the land, and does not create or confer any vested right, property right, entitlement, or expectation of renewal. (B) A permit may not be sold, assigned, transferred, pledged, leased, sublicensed, inherited, or otherwise conveyed, voluntarily or involuntarily, to any other person or entity. An owner’s agent, property manager, local contact person, hosting platform, or short-term rental facilitator may not acquire any right or interest in the permit. (C) A permit automatically expires and becomes null and void, without notice or further action by the City, upon:
(1) A sale, conveyance, or other transfer of legal or equitable title to the property;
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 301 of 373 (2) A change of control of an entity that owns or operates the short-term rental;
(3) A transfer of the permittee’s ownership interest in the property to another person or entity, except for (a) a transfer expressly determined by the Permit Administrator not to result in a material change in beneficial ownership or control, or (b) a transfer to a revocable trust of which the permittee is a trustor and trustee, between spouses or registered domestic partners, to a spouse or registered domestic partner as a joint owner, or among members of the permittee’s immediate family, where the permittee remains an owner and the persons in control of the short-term rental operation do not change, provided that the permittee gives the Permit Administrator written notice of the transfer, with supporting documentation, within thirty (30) days after it becomes effective; or (4) The dissolution, termination, or cessation of legal existence of the permittee.
(D) The use of the same business name, property manager, local contact person, listing, listing photographs, hosting-platform account, permit number, or transient occupancy tax certification after a transfer does not continue or preserve the former operator’s permit.
(F) Notice before treating a permit as expired. Where the City determines from its own records or investigation, rather than from a notice given by the permittee under this section or Section 37.011, that a change of control or other transfer described in subsection (C) has occurred, the Permit Administrator shall give the permittee written notice of the determination and an opportunity of not less than thirty (30) days to submit an application under Section 37.011 or to demonstrate that the transfer falls within an exception under subsection (C)(3) before the property is treated as unpermitted for enforcement purposes. This subsection does not extend the term of any permit and does not apply where the property is being operated by a person other than the permittee.
(E) No person acquiring an ownership or beneficial interest in a property may advertise, offer, maintain, facilitate, or operate the property as a short-term rental unless that person has received a permit or provisional operating authorization issued in that person’s name, except as provided in subsection (C)(3)(b). § 37.010 Permit expiration and renewal.
(A) A permit shall be valid for 12 months from the date of issuance, and shall automatically expire and become null and void on the anniversary date of its issuance or upon sale or transfer of the property. The permit shall be renewed annually to remain valid. An invalid permit is equivalent to not having a permit. (B) An owner may apply for a permit renewal on a form provided by the city submitted at least 60 days prior to the expiration of his or her active short-term rental permit. The permit renewal application shall be processed in the same
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 302 of 373 manner as an application for a new permit and shall be approved or denied as set forth in § 37.008. Applications received after the deadline but before the expiration of the permit may be accepted at the discretion of the Permit Administrator. (C) Payment of the renewal fee shall be paid with the submission of the permit renewal application.
(D) Permit renewals are subject to any intervening changes in this chapter and renewal shall be denied if the short-term rental no longer qualifies under the requirements of this chapter, unless specifically exempted therefrom. (E) If a renewal application is not submitted and the fees not paid by the expiration of the existing permit, the owner is required to submit an application for a permit as if it was a new short-term rental accompanied by an application fee and a late penalty fee. The short-term rental may also be subject to an inspection conducted by city staff. Notwithstanding the foregoing, a renewal application submitted, with the renewal fee and a late fee established by City Council resolution, within thirty (30) days after the expiration of a permit that was in good standing shall be processed as a renewal, and the property shall not be treated as unpermitted during that thirty (30) day period unless the Permit Administrator has grounds for denial under Section 37.008(B).
§ 37.011 Change in ownership; prospective-owner application; provisional operating authorization.
(A) Termination of existing permit. Upon any sale, conveyance, transfer of title, or change of control affecting a property operated as a short-term rental, the existing permit automatically expires at the time the transfer becomes effective. The former operator shall immediately cease advertising and operating the property under the former operator’s permit number and shall notify the City of the transfer within five calendar days.
(B) Prospective-owner application. A prospective owner applicant may submit an application before acquiring title, provided that:
(1) The applicant submits evidence of an executed purchase agreement or open escrow;
(2) The current owner and prospective owner applicant each provide written authorization for the City to receive, review, and process the application; (3) The prospective owner applicant submits all information and documents that can reasonably be provided before closing;
(4) The prospective owner applicant pays the applicable application and inspection fees; and
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 303 of 373 (5) The prospective owner applicant acknowledges in writing that pre-closing processing does not authorize advertising, booking, rental, or operation of the property and does not guarantee issuance of a permit or provisional operating authorization.
(C) Preliminary processing. Before closing, the City may review the application, investigate the applicant, review City and County records, identify apparent deficiencies, and schedule an inspection. The City shall not issue a permit or provisional operating authorization before the prospective owner applicant acquires title.
(D) Post-closing documentation. Within three business days after closing, the prospective owner applicant shall provide:
(1) A recorded deed, final closing statement, or other evidence satisfactory to the Permit Administrator that title has transferred; (2) Updated insurance identifying the new owner and covering STR operations;
(3) Any required business-license and transient-occupancy-tax applications or certifications;
(4) A current owner affidavit and indemnification agreement; and (5) Any other information necessary to complete the application. (E) Provisional operating authorization. After receipt of the documentation required by subsection (D), the Permit Administrator may issue a provisional operating authorization if:
(1) The property was subject to a valid STR permit immediately before closing;
(2) The former permit was not suspended and was not subject to pending revocation proceedings;
(3) There are no outstanding administrative fines, taxes, correction notices, or unresolved violations associated with the STR operation or property; (4) The prospective owner application was substantially complete before closing;
(5) The required inspection has occurred or is scheduled to occur within thirty calendar days after closing; and
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 304 of 373 (6) The Permit Administrator has no reasonable basis to believe that operation of the property would threaten public health or safety or violate this chapter.
(F) Term and conditions. A provisional operating authorization:
(1) Shall be issued only to the new operator and shall be assigned a temporary authorization number;
(2) Shall expire thirty calendar days after issuance unless earlier replaced by a permit, suspended, or revoked;
(3) May be extended once for up to thirty additional days when final processing has been delayed solely because of the City’s inability to complete the inspection or application review;
(4) May not be extended because of an applicant’s failure to provide information, attend an inspection, or correct a violation; (5) Is subject to all operational requirements applicable to a permitted shortterm rental; and (6) May be immediately suspended or revoked for any violation of this chapter or any condition of the authorization.
(G) No automatic entitlement. Neither the filing of a prospective-owner application nor the prior operation of the property as an STR entitles the prospective owner applicant to a permit or provisional operating authorization. The City may deny the application or decline to issue a provisional operating authorization on any ground applicable to a new permit.
(H) Failure to close. A prospective-owner application shall be deemed withdrawn if title does not transfer within one hundred twenty days after submission, unless the Permit Administrator approves an extension for good cause. Fees shall be handled in accordance with the City’s adopted fee schedule.
(I) Pre-existing reservations. Any reservation accepted by the former operator for occupancy occurring after the transfer of the property may be honored only if: (1) the new operator has received a permit or provisional operating authorization; (2) the new operator has expressly assumed responsibility for the reservation and all applicable taxes; and (3) the listing and reservation records have been updated to identify the new operator and the new permit or provisional authorization number.
Existing reservations do not create any right to issuance of a permit or provisional operating authorization.
§ 37.012 Operational requirements and standards.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 305 of 373 (A) Compliance by owner, agents and occupants. The owner and/or owner's agent shall use reasonably prudent business practices to ensure the property used as a short-term rental is used in a manner that complies with all applicable laws, rules and regulations pertaining to its use and occupancy, including applicable codes regarding fire, building and safety, and shall further use reasonably prudent business practices to ensure the occupants of the short-term rental do not create noise in violation of Chapter 95C of the Indio Municipal Code or other disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term rental. (B) Maximum occupancy limits.
(1) Overnight Maximum Occupancy Limit. The owner shall limit overnight occupancy of the short-term rental to a specific number of occupants. Overnight occupancy shall not exceed four persons plus two persons for each bedroom verified by the City as lawfully permitted, as illustrated in the chart below, and shall continue to increase by two persons for each additional verified bedroom above eight (8), subject to any lower limit required by the Building Code, the Fire Code, or the capacity of the property’s onsite wastewater treatment system where the property is not connected to a public sewer. Children under five (5) years of age are not counted toward the overnight occupancy limit. As used in this section, "overnight occupancy" shall mean during the hours of 10:00 p.m. through 8:00 a.m. of the following day.
Bedrooms Occupancy
0-Studio 4
1 6
2 8
3 10
4 12
5 14
6 16
7 18
8 (plus 2 for each additional verified
bedroom)
20 (2) Daytime occupancy; Ordinary Daytime Gatherings.
(a) Daytime occupancy limit. For purposes of this section, “daytime occupancy” shall mean the total number of persons present on the property used as a short-term rental at any time between 8:00 a.m. and the beginning of Quiet Hours as defined in Chapter 95C of this Code, including all occupants and any invitees, but excluding persons hired by the owner to perform bona fide cleaning, maintenance, landscaping, construction, repair or similar services on the property who are solely engaged in activities directly related to the services for which they were hired, and excluding children under five (5) years of age. Except as provided in subsection (b) or as otherwise expressly authorized under this Code, daytime occupancy shall not exceed the maximum overnight occupancy limit for the shortPage 74 of 141 AGENDA ITEM #11.2 Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 306 of 373 term rental as established in subsection (B)(1) plus [four (4)] additional persons. [Alternative for City Council consideration: “, and in no event shall daytime occupancy under this subsection (a) exceed [thirty (30)] persons on the property at any one time.”]
(b) Ordinary Daytime Gatherings. The registered occupants of a short-term rental may host, during a contracted stay, an Ordinary Daytime Gathering of invitees for a purpose of the kind customarily hosted by a household at its home, including a birthday, family reunion, memorial, holiday or religious observance, graduation, team or school gathering, or similar occasion, and the presence of invitees at such a gathering shall not violate the daytime occupancy limit of subsection (a), provided that each of the following requirements is satisfied:
(1) The number of persons present on the property at any one time, including occupants, invitees, and casual helpers, but excluding hired service workers and children under five (5) years of age, does not exceed the lesser of (i) the exempt threshold established for the property under Section 4.28.04(B) of the Unified Development Code, or [forty (40)] persons for a property with a net lot area of less than one (1) acre, or (ii) [two (2)] times the maximum overnight occupancy limit established in subsection (B)(1);
(2) The gathering is conducted between [8:00 a.m.] and the beginning of Quiet Hours, and invitees who are not registered overnight occupants depart the property before the beginning of Quiet Hours;
(3) The gathering is not advertised, promoted, or held out to the public, and no admission, cover charge, rental fee, or other compensation is charged as a condition of attendance;
(4) The gathering does not include professional or commercially amplified concert-style entertainment or professional event-production or staging services, and all amplified sound complies with Chapter 95C of this Code and subsection (I) of this section;
(5) All vehicles of occupants and invitees are parked on the property or in the areas shown on the parking plan submitted under Section 37.005(C)(8), and not in front of any other residence;
(6) The responsible person is present on the property throughout the gathering;
(7) The responsible person has given the owner or the local contact person notice of the gathering, including its date, hours, and expected attendance, before it begins, and the owner has recorded that information in the informational form required by subsection (E) or a supplement to it, which shall be made available to the City upon request; [Alternative for City Council consideration: “and the owner has filed a notice of the gathering with the Permit Administrator through
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 307 of 373 the City’s short-term rental portal not less than [twenty-four (24)] hours before the gathering;”] and
(8) No more than [one (1)] Ordinary Daytime Gathering is held during any contracted stay, and no more than [twelve (12)] Ordinary Daytime Gatherings are held at the property in any rolling twelve (12) month period. (c) Effect of compliance. An Ordinary Daytime Gathering that satisfies each requirement of subsection (b) constitutes express authorization under this Code, is not a violation of this section, and shall not be considered evidence that the property is being used or operated as a party house. A gathering that does not satisfy each requirement of subsection (b) is subject to the daytime occupancy limit of subsection (a), and any presence on the property in excess of that limit is a violation of this section and may be considered evidence that the property is being used or operated as a party house in violation of this chapter. (d) Owner may restrict gatherings. Nothing in this subsection requires an owner to permit gatherings, and an owner may prohibit or further restrict Ordinary Daytime Gatherings by contract.
(e) Larger gatherings. A gathering at a short-term rental that exceeds the limits of subsections (a) and (b) and is not authorized by a valid permit issued under Chapter 4.28 of the Unified Development Code is prohibited, and, where it also meets the definition of a Regulated Residential Event under that Chapter, is enforceable under both this chapter and Chapter 4.28.
(C) Minimum age of renter. The owner shall not rent a short-term rental to a person that is under the age of 21.
(D) Maintenance of rental contracts to city. Owners shall maintain all short-term rental contracts (in electronic or paper form) for a period of three years from the date of occupancy. The exact number of occupants shall be included in the contract as well as all city municipal code requirements regulating occupancy limits, the requirements for Ordinary Daytime Gatherings under subsection (B)(2)(b), noise, outdoor amplified music prohibition, public nuisance, parking, trash, transient lodging uses only, no commercial activities and other code requirements related to the use and occupancy of the short-term rental.
(E) Submission of informational form. The owner shall obtain from the responsible person an "informational form," in the form provided by the city, which contains but is not limited to the following: (a) the name, address, telephone number and a copy of the valid government identification of the responsible person; (b) a list of the names of all occupants of the short-term rental; (c) a list of all vehicle information and license plate numbers of the responsible person and occupants and guests; and (d) the date, hours, and expected attendance of any Ordinary Daytime Gathering the responsible person intends to host, which may be supplemented before the gathering begins. The Permit Administrator is authorized to amend the information
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 308 of 373 required in the informational form pursuant to adoption of an administrative regulation as set forth in § 37.021.
(F) Prior to occupancy procedures. Prior to occupancy of a short-term rental, the owner or owner's agent or representative shall advise of or require the following from the responsible person:
(1) Provide the responsible person with the local contact person's 24-hour availability information;
(2) Require the responsible person to execute the informational form and an acknowledgment form, which provides that the responsible person understands that he or she is legally responsible for ensuring compliance by all occupants of the short-term rental and that their guests comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term rental and that the responsible person must be present at the property during the duration of the short-term rental period ("acknowledgment form").
Both the informational form and the acknowledgment form shall be maintained by the owner for a minimum of three years and be made readily available upon request of the city.
(G) Posting of permit and owner's local contact person. The owner shall post a copy of the short-term rental permit, the name and phone number of the local contact person and a notice in the form required by the city of the applicable regulations near the primary entrance inside of the short-term rental. (H) Twenty-four hour availability. During the period of a short-term rental, the owner or owner's agency and/or the owner's local contact person shall be available 24 hours per day, seven days per week to respond to complaints regarding the condition, operation, or conduct of the occupants of the short-term rental, including responding in person at the location of the short-term rental. The local contact person's response to complaints can be made by telephone, text message or in person, however, in no event shall the response time exceed 15 minutes if responding by telephone or text or 45 minutes if an in-person response is required because of the severity of the complaint. If the local contact person is contacted directly by the city, the local contact person shall respond within 15 minutes of the city's telephone call or text message. If the city requests an in-person response, the local contact person shall respond in person at the location of the short-term rental within 45 minutes of the city's request. In all circumstances, complaints that the occupants of the short-term rental have created unreasonable or unlawful noise or disturbances in violation of Chapter 95C of the Municipal Code or the provisions of this chapter or are engaging in disorderly conduct, require an in-person response by the local contact person. Before issuing a citation for a noise violation at a shortterm rental that is not in Enhanced Enforcement Status, an enforcement official shall, when practicable, attempt to contact the local contact person as provided in Section 95C.10(C)(1) of this Code.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 309 of 373 (I) Amplified sound. At a minimum, the occupants of the short-term rental shall comply with the noise standards identified in Chapter 95C of the Municipal Code.
Except as may be expressly authorized by this Code:
(1) No radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, public address system, DJ equipment, live band amplification, or any other machine, device, or equipment (including a cellular phone or other similar device) that produces or reproduces sound shall be operated in a manner that is plainly audible from outside of any short-term rental beyond the property line during Quiet Hours, as defined in Chapter 95C of this Code.
(2) No outdoor amplified sound equipment of any kind, including but not limited to DJ systems, live band amplification, public address systems, or commercial-grade speakers or subwoofers, shall be used on the exterior of the property during Quiet Hours, and at all other times outdoor amplified sound shall comply with the objective exterior noise standards of Section 95C.03A of this Code measured at the property line of any receiving residential property. (3) Any machine, device, or equipment that amplifies music or other sound inside any short-term rental shall not be plainly audible beyond the property line of the short-term rental at any time of day or night.
(4) Professional or commercially amplified concert-style entertainment and professional event-production or staging services are prohibited at a short-term rental absent a valid permit issued under Chapter 4.28 of the Unified Development Code. A small acoustic ensemble or a DJ operating within the standards of this subsection and Chapter 95C of this Code may perform at an Ordinary Daytime Gathering, but not during Quiet Hours where the sound is plainly audible beyond the property line.
(J) Noise outside of short-term rental. Occupants of the short-term rental shall be prohibited from using outdoor amenities, engaging in outdoor games, or any outdoor activities that create noise that is plainly audible beyond the property line, or that violates Chapter 95C of this Code, during Quiet Hours as defined in Chapter 95C. Outdoor amenities include, but are not limited to, patios, decks, balconies, pools, spas, fire pits, outdoor kitchens, and yard areas. (1) At all times, occupants shall use outdoor amenities only in a manner consistent with transient lodging and normal residential use. (2) No outdoor games, activities, or gatherings shall be conducted in a manner that results in shouting, singing, chanting, or other vocal or crowd noise plainly audible beyond the property line during Quiet Hours, or that violates Section 95C.03 of this Code, regardless of the hour.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 310 of 373 (3) A sign stating the outdoor noise and use restrictions, including Quiet Hours, the daytime occupancy limit, the requirements for Ordinary Daytime Gatherings, and the prohibition on party or event use of outdoor amenities, must be clearly visible near any spa and/or pool and posted on all interior doors leading to exterior amenities.
(K) Trash containers. The owner and/or occupants shall not allow trash and refuse to be stored within public view, except in proper containers for the purpose of collection by the city's authorized waste hauler on scheduled trash collection days and in compliance with Section 95A of the Municipal Code. The owner of the shortterm rental shall provide sufficient trash collection containers and service to meet the demand of the occupants.
(L) No commercial vehicles or storage of delivered materials. The short-term rental use shall not involve the use of commercial vehicles for the delivery of materials to and from the premises beyond those commercial vehicles normally associated with residential uses nor storage of delivered materials beyond those items which would normally be associated with a residential use of property by the owner, or any occupant.
(M) Transient Lodging Only. The property shall be used solely for transient lodging by the registered occupants and their invitees, including Ordinary Daytime Gatherings conducted in compliance with subsection (B)(2), and shall not be used as an event venue, “party house,” or any commercial or assembly use except as expressly authorized by this Code, including a Regulated Residential Event conducted under a valid permit issued under Chapter 4.28 of the Unified Development Code.
(N) Retention of residential character. The owner of a short-term rental shall not change the residential character of the outside appearance of the residence, either by the use of colors, materials, spot lights, signaling lights, DJ lighting, lighting and/or advertising mechanism.
(O) Required information for advertisements. The owner shall include the current permit registration number on or in any advertisement appearing in any newspaper, magazine, brochure, television trade paper, internet website, etc., that promotes the availability or existence of the short-term rental in a place or location deemed acceptable by the Permit Administrator in the following format: "City of Indio Short-Term Rental Permit No. _____". In the case of audio-only advertising of the same, the permit number shall be read as part of the advertising. In addition, the following shall be clearly identified in any advertisement: (1) maximum occupancy; (2) the number of permitted bedrooms; (3) maximum number of vehicles allowed; and (4) a photo of the front of the short-term rental. (P) Transient occupancy tax. The owner and/or owner's agent shall comply with all provisions of §§ 34.35 through 34.48 of the Municipal Code concerning transient occupancy taxes, including, but not limited to, submission of a return in accordance with § 34.41 of the Municipal Code, which shall be filed even if the vacation rental
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 311 of 373 unit was not rented during each such reporting period. Compliance with this subsection includes, where applicable, use of a hosting platform or short-term rental facilitator that collects and remits transient occupancy tax to the City. (Q) Submission of internet listings. All internet listing sites (e.g. website URLs) and listing numbers associated with a short-term rental shall be submitted to the city by the owner or owner's agent within 30 days of approval of the short-term rental permit and any revisions thereafter shall be submitted to the Permit Administrator. (R) Modification of operational requirements and standards. The operational requirements and standards may be modified by the Permit Administrator upon request of the owner based upon site-specific circumstances for the purpose of allowing reasonable accommodation of a short-term rental occupant as may be required by state or federal disability laws. All requests must be in writing and shall identify how the strict application of the standard conditions creates an unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property for a short-term rental would not be allowed. Any hardships identified must relate to physical constraints to the subject site and shall not be self-induced or economic. Any modifications of the standard conditions shall not further exacerbate an already existing problem.
§ 37.013 Short-term rental registry.
(A) The city shall maintain an online registry of active short-term rental permits, which hosting platforms may reference and rely upon for the purposes of complying with § 37.014 of this code. If a residential dwelling or other property purporting to be a short-term rental matches with an address, permit number, and/or current and valid permit dates set forth in the city's online registry, the hosting platforms may presume that the residential dwelling or other property has a current and valid short-term rental permit.
(B) The registry shall include, for each active short-term rental permit, the physical address of the property (including nine-digit ZIP Code, where available), the permit registration number, and any associated transient occupancy tax certification issued by the City. The registry is intended to provide the information needed by shortterm rental facilitators and hosting platforms to comply with this chapter and with the Short-Term Rental Facilitator Act of 2025 (Government Code sections 50990– 50996).
§ 37.014 Hosting Platform Requirements.
(A) No hosting platform or short-term rental facilitator shall facilitate a booking transaction for a residential dwelling located within the City unless:
(1)The listing includes a valid City short-term rental permit registration number;
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 312 of 373 (2)The platform has verified that the permit number matches an active listing in the City’s online registry maintained pursuant to § 37.013; and (3)The applicable transient occupancy tax certification number, as defined in § 37.002, is associated with the listing.
(B) Each short-term rental facilitator shall submit a monthly report to the City, in the form and electronic manner prescribed by the Permit Administrator, no later than thirty days after the end of each calendar month. The report shall identify each short-term rental within the City that was listed, advertised, booked, or facilitated during that month and shall include:
(1) The complete physical address, including the nine-digit ZIP Code where available;
(2) The City-issued STR permit or provisional operating authorization number displayed in the listing;
(3) The applicable transient occupancy tax certification displayed in the listing; and
(4) When the information provided is insufficient to identify a specific rental, the assessor’s parcel number, listing URL, and unit-specific identifying information authorized by Government Code section 50993.
Failure to submit a complete and timely report constitutes a separate violation for each reporting period and may be subject to an administrative fine or penalty pursuant to Government Code section 53069.4 and this chapter. (C) A short-term rental facilitator that is responsible for collecting or remitting transient occupancy tax pursuant to Chapter 34, a City ordinance, or an agreement with the City shall collect, report, and remit the tax in the manner required by Chapter 34 and the applicable agreement.
(D) A short-term rental facilitator shall be liable for administrative penalties arising from its violation of this section and for any transient occupancy tax, penalties, or interest that the facilitator was required, but failed, to collect or remit pursuant to Chapter 34 or an agreement with the City.
(E) De-listing of suspended, revoked, or invalid permits. Upon receiving notice from the City that a short-term rental permit or provisional operating authorization has been suspended, revoked, expired, surrendered, terminated, or otherwise declared invalid, or that the property is subject to a cessation or shutdown order, each shortterm rental facilitator that maintains or facilitates a listing for the property shall delist the short-term rental. (F) Violations of this section shall be subject to the penalties set forth in § 37.018.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 313 of 373 § 37.015 Prohibited activities.
(A) No person, including an owner, shall rent, offer to rent, or advertise for rent a balcony, patio, swimming pool or other outdoor area of a short-term rental ("outdoor area") if such rental does not occur in connection with the rental of the remaining residence or dwelling to which the outdoor area is attached. (B) No person, including an owner, shall charge a fee or request or require a donation for entrance into any short-term rental.
(C) No person, including an owner, shall rent, offer to rent, or advertise for rent structures not built for habitable use such as but not limited to tents, trailers, tree houses, garages, storage sheds and the like, or any open space on the property as a short-term rental.
(D) No person, including an owner, shall rent, offer to rent, or advertise for rent any impermanent, transitory, or mobile means of temporary lodging that is located on the same property as the short-term rental, including but not limited to a vehicle parked on the property, a storage shed, mobile homes, recreational vehicles, car trailers, boats or similar watercrafts, or any temporary structure, including but not limited to camping tents and tree-houses.
(E) No person, including an owner, shall rent, offer to rent, or advertise for rent one or more short-term rentals as part of a cluster or compound. A short-term rental cluster or compound is prohibited.
(F) A person who is renting a short-term rental is prohibited from subleasing such dwelling unit, or any portion thereof, to any other person or entity. (G) The lessee of a long term rental property which includes but is not limited to a condominium, multi-family housing, single-family dwelling, accessory dwelling unit, junior accessory dwelling units, mobile home or house trailer on a residential lot or within a mobile home park, or a month-to-month renter of such properties, is prohibited from using their leased or rented property as a short-term rental. (H) The owner, lessee or renter of a mobile home, a manufactured or prefabricated house or of a commercial or industrial structure is prohibited from using such property as a short-term rental.
(I) The owner, lessee or renter of a recreational vehicle is prohibited from using such property as a short-term rental.
(J) The owner, lessee or renter of an accessory dwelling unit or junior accessory dwelling unit, as those terms are defined in the Municipal Code, is prohibited from using such property as a short-term rental.
(K) Commercial and assembly uses, including but not limited to weddings, receptions, large parties, sales events, or similar gatherings where the primary
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 314 of 373 purpose of the use is entertainment or assembly rather than transient lodging, are prohibited on any property used as a short-term rental absent express authorization under this Code. Any commercial or assembly use occurring on a property used as a short-term rental that is not expressly authorized by this Code shall constitute a violation of this subsection. An Ordinary Daytime Gathering conducted in compliance with Section 37.012(B)(2) is not a commercial or assembly use for purposes of this subsection.
(L) No person, including but not limited to an owner, responsible person, local contact person, or occupant, shall use, allow, or operate any short-term rental as a party house. Absent express authorization under this Code, operation or use of a short-term rental as a party house shall constitute a violation of this chapter and grounds for suspension, modification, or revocation of the short-term rental permit. (M) Events authorized under Chapter 4.28; safe harbor. A Regulated Residential Event conducted at a short-term rental under, and in compliance with, a valid Administrative Use Permit or Conditional Use Permit issued under Chapter 4.28 of the Unified Development Code, or a Temporary Use Permit issued under Section
4.28.10 of that Code, constitutes express authorization under this Code for purposes of Sections 37.001, 37.004(D), 37.012(B), 37.012(M), 37.015(K), and
37.015(L), and shall not be deemed a violation of this chapter or evidence that the property is a party house; provided that (1) the stricter of the noise, hour, and occupancy limits of this chapter, Chapter 4.28, and the permit shall apply during the event, (2) the overnight occupancy limit of Section 37.012(B)(1) applies at all times, and (3) a violation of the permit or of Chapter 4.28 at a short-term rental is also a violation of this chapter and may be considered in any action under Section
37.016. A short-term rental permit does not authorize any Regulated Residential Event, and a permit under Chapter 4.28 does not authorize the short-term rental of the property.
§ 37.016 Permit suspension, modification or revocation. (A) In addition to any other remedy provided by this chapter, the Permit Administrator may suspend, modify or revoke a short-term rental permit for violations of this chapter, for violation of any other law on the premises of the short-term rental, or for the maintenance of such other conditions as may be shown to be injurious to the public health and safety or if the applicant made any false, misleading or fraudulent statement of a material fact in the application for permit, or any report or record required to be filed pursuant to this chapter. The permit holder shall be notified in writing of the grounds for denial or for suspension, modification or revocation of the short-term rental and shall be notified of their right to appeal the decision.
(B) The Permit Administrator may revoke a short-term rental permit for a third or subsequent substantiated violation related to permitting or noise within any rolling twelve (12) month period, whether or not the violations occurred during the same permit term, or upon a property entering Enhanced Enforcement Status under Section 95C.10 of this Code. This section, however, shall not limit or prevent the
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 315 of 373 Permit Administrator from revoking a short-term rental permit for any single violation of this chapter that involves a serious threat to public health or safety, a commercial or assembly use conducted without express authorization under this Code, or operation as a party house, considering the factors set forth in subsection (E).
(C) An owner whose permit is revoked may not apply for a new short-term rental permit for any property until one year after the date of revocation. The bar established by this subsection runs against the owner and any person or entity under common control with the owner, and not against the property; a bona fide purchaser of the property who is not under common control with the former owner may apply for a permit under Section 37.011.
(D) If a permit is suspended, revoked or denied, all property owners and occupants of residences within 500 feet of the parcel boundaries of the short-term rental shall be provided written notice within ten days of such action. (E) Notwithstanding subsections (A) and (B), the use, operation, or allowance of any short-term rental as a party house shall constitute an independent ground for immediate suspension, modification, or revocation of the short-term rental permit.
Depending on the severity of the violation, a single incident may be sufficient to warrant such action where the incident involves a commercial or assembly use conducted without express authorization under this Code, a gathering materially exceeding the limits of Section 37.012(B), or a threat to public health or safety.
Evidence that a short-term rental is being used or operated as a party house may include, but is not limited to: (1) a gathering or event at the property that exceeds the maximum overnight occupancy limit or the daytime occupancy limits of Section
37.012(B) and does not qualify as an Ordinary Daytime Gathering; (2) substantiated violations of the noise, amplified sound, or outdoor use restrictions of this chapter; (3) professional or commercially amplified concert-style entertainment or professional event-production or staging services at the property without a permit under Chapter 4.28 of the Unified Development Code; (4) advertisements or promotions of events, parties, or similar gatherings at the property; or (5) the imposition of admission, cover charges, or other fees for entrance or participation in an event at the property. An Ordinary Daytime Gathering conducted in compliance with Section 37.012(B)(2), and a Regulated Residential Event conducted in compliance with a valid permit under Chapter 4.28 of the Unified Development Code, shall not be considered evidence of party house use. In determining whether to suspend, modify, or revoke the permit on the basis of party house activity, the Permit Administrator shall consider the totality of the circumstances, including, but not limited to, the number of separate incidents, the number of participants present, the number and type of violations cited, the number of verified complaints received, the number of law enforcement or code enforcement responses within a rolling twelve-month period, the owner’s history of compliance, and the owner’s responsiveness to complaints and City contacts.
§ 37.017 Notice and appeals.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 316 of 373 (A) The denial of an application for a short-term rental permit or the renewal of such permit, or the revocation, suspension or modification of such permit, may be appealed by submitting a written appeal form detailing the basis for the appeal and any additional documentation the appellant would like to be considered. (B) The completed appeal form must be delivered to the City Clerk within [ten (10)] calendar days from the date the letter denying the application for a permit or renewal permit or revoking, modifying or suspending the permit was served, consistent with Section 12.11.01 of this Code. The appeal form must include payment of a non-refundable appeal fee in the amount established by resolution of the City Council. Failure to deliver the completed appeal form and/or appeal fee as required by this subsection will result in the denial or revocation, suspension or modification being deemed as final.
(C) Effect of appeal. A timely appeal of a modification, suspension, or revocation of a permit stays the action, and the permit remains in effect subject to any conditions the Permit Administrator specifies in the notice of action, until the Designated Hearing Officer issues a final decision; provided that where the Permit Administrator finds, and states in the notice of action, that continued operation presents an immediate threat to public health or safety or that the property is being used or operated as a party house, the Permit Administrator may order an immediate suspension, which is not stayed by an appeal, and the appellant may request an expedited hearing, which the City shall schedule before the Designated Hearing Officer within ten (10) calendar days after the request is filed. A timely appeal of the denial of an application for a new permit does not authorize operation of the property as a short-term rental pending the appeal. (D) Once a timely appeal form has been received by the City Clerk, a hearing on the matter shall be scheduled before the Designated Hearing Officer within thirty (30) calendar days of an appeal being filed. The appeal hearing shall be open to the public. The Designated Hearing Officer may continue the hearing from time to time upon good cause. The City bears the burden of establishing the grounds for the action by a preponderance of the evidence. The decision of the Designated Hearing Officer shall be rendered within thirty (30) calendar days of the conclusion of the hearing. The decision shall be in writing and set forth the findings and reasons for the decision. The decision of the Designated Hearing Officer is the City’s final administrative decision, is effective upon service, is not appealable to the Planning Commission or City Council, and is subject to judicial review by petition for writ of administrative mandamus within the time provided by Code of Civil Procedure Section 1094.6, as provided in Section 12.12.08 of this Code. [Alternative for City Council consideration — Option A: appeal to the City Council on the record within ten (10) calendar days after service of the decision. Option B: hearing by a panel of three (3) Designated Hearing Officers.]
(E) If an appeal is filed, all property owners and occupants within 500 feet of the parcel boundaries of the short-term rental shall be notified of the time, date, and location of the appeal hearing and shall be afforded the right to testify during the hearing.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 317 of 373 § 37.018 Violations and penalties.
(A) Operating a short-term rental without a valid permit is prohibited. Advertising shall be prima facie evidence of operation. Additional evidence of operation may include, but not limited to guest testimony, online reviews, rental agreements or any other information deemed relevant by the city.
(B) Any person violating the provisions of this chapter, including without limitation the owner, responsible person, occupants and the local contact persons may be subject to administrative and/or judicial remedies as set forth herein. The owner of a short-term rental shall be deemed responsible for all violations of this chapter occurring at the short-term rental or in connection with its operation, provided that this shall not preclude the city from issuing fines or citations to occupants, or exercising other remedies against occupants, if the responsible person or occupants are deemed to have committed the violation.
(C) Any person who violates any provision of this chapter is guilty of a misdemeanor. Such violation is punishable as set forth in Chapter 12 of this code.
Each and every day, or portion thereof, that a violation of this chapter exists constitutes a separate and distinct violation.
(D) Alternatively, any person who violates any provision of this chapter may be issued an administrative citation in accordance with Chapter 12 of this code. The amount of the administrative fine shall be set forth in a schedule of fines adopted by resolution of the City Council. Each and every day such a violation exists shall constitute a separate and distinct violation of this chapter. (E) In addition to the foregoing, a violation of any provision of this chapter shall constitute a public nuisance and shall be subject to abatement by the city by means of a civil action or administrative abatement pursuant to Chapter 12 of this code, and each day such condition continues it shall be regarded as a new and separate offense.
(F) The remedies provided for in this section are in addition to, and not in lieu of, all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this chapter.
(G) Noise-related per-minute administrative penalties.
(1) Any violation of the noise, amplified sound, outdoor-activity, or quiethours standards applicable to a permitted short-term rental under this Chapter, or of any noise- or sound-related condition of approval imposed on a short-term rental permit, shall constitute a “noise violation” for purposes of Indio Municipal Code Chapter 95C.
(2) In addition to any other administrative, civil, or criminal remedies authorized by this Chapter or the Municipal Code, such violations may be subject to
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 318 of 373 the compliance-period, Enhanced Enforcement Status, and duration-based penalty provisions of Section 95C.10 of this Code, which escalate based on the number of substantiated noise violations at the property within a rolling twelve (12) month period. Administrative citation fines for violations of this chapter shall be in the amounts established by Section 12.08.07(D) of this Code or by City Council resolution.
§ 37.019 Recordkeeping.
Each owner shall maintain all written records related to the use and occupancy of the short-term rental, including but not limited to compliance with the operational requirements and standards set forth in § 37.012, for a period of three years, for the purpose of inspection or audit to determine that the objective and conditions of this chapter are being fulfilled.
§ 37.020 Requirements not exclusive.
The requirements of this chapter shall be in addition to any license, permit or fee required under any other provision of the Indio Municipal Code. The issuance of any permit pursuant to this chapter shall not relieve any person of the obligation to comply with all other provisions of the Indio Municipal Code pertaining to the use and occupancy of the short-term rental or the property on which it is located. § 37.021 Administration and administrative regulations.
In order to facilitate orderly administration of this chapter, the Permit Administrator shall have the authority to make interpretations of this chapter and to promulgate administrative regulations consistent with the provisions of this chapter for the purpose of interpreting, clarifying, carrying out, furthering and enforcing the requirements and provisions herein. A copy of such administration regulations shall be on file in the Office of the City Clerk.
§ 37.022 Relationship to Chapter 12.
(A) Except as expressly provided in this chapter, violations of this chapter shall be enforced in accordance with Chapter 12 of this Code (Enforcement of Code), and in the event of a conflict this chapter shall control.
(B) This chapter may be enforced by any enforcement official, as defined in Section
12.01.01, and by any officer or employee designated in Section 12.02.03. Nothing in this chapter confers any power of arrest beyond that provided in Section
12.02.06. (C) Each rental or advertisement of a short-term rental without a valid permit, each day on which the overnight occupancy limit or daytime occupancy limit is exceeded, each gathering that violates Section 37.012(B), and each noise, amplified sound, or outdoor activity violation is a discrete violation complete upon its occurrence, is not a continuing violation pertaining to building, plumbing, electrical, or other similar
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 319 of 373 structural or zoning issues within the meaning of Section 12.08.02(A)(1) of this Code or Government Code Section 53069.4(a)(2), and may be cited without a prior compliance order or grace period, subject to the compliance period provided in Section 95C.10(C)(1) for noise violations at a property that is not in Enhanced Enforcement Status. A violation involving unpermitted construction or an unpermitted bedroom or habitable area remains subject to the compliance-order procedure of Section 12.08.02(A)(1).
(D) The suspension, modification, or revocation of a permit, and the denial of an application, under this chapter are appealable actions for purposes of Section
12.11.01(A) of this Code, and shall be appealed and heard as provided in Section
37.017. The stay provided in Section 12.11.01(D) applies as provided in Section
37.017(C).
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 320 of 373 ORDINANCE NO. 1853
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF INDIO, CALIFORNIA, AMENDING AND
RESTATING CHAPTER 95C (“NOISE CONTROL”) OF
THE INDIO MUNICIPAL CODE TO MODERNIZE
NOISE STANDARDS, ESTABLISH OBJECTIVE NOISE
LIMITS AND A GRADUATED ENFORCEMENT
PROCEDURE, AND MAKING CONFORMING
AMENDMENTS TO CHAPTER 12 (“ENFORCEMENT OF
CODE”)
WHEREAS, the City of Indio (“City”) possesses the police power, pursuant to Article XI, Section 7 of the California Constitution, to adopt and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the City Council finds that the health, safety, and welfare of Indio’s residents are significantly impacted by excessive, unnecessary, and annoying noise and vibration, which can interfere with sleep, communication, and the quiet enjoyment of property; and
WHEREAS, the City is a premier destination for world-class entertainment and commercial activity, and the City Council recognizes the need to balance these vital economic drivers with the residential character of its neighborhoods; and WHEREAS, the Noise Element of the Indio General Plan 2040 describes this chapter as the ordinance that “establishes hourly noise level limits and enforcement procedures to restrict noise from individual noise generators” (p. 11-3), directs the City in Table 11-2, Program 2, to “Amend the noise ordinance to include day and nighttime noise level limits and to specifically protect noise sensitive land uses during overnight hours,” directs the City to protect noise-sensitive uses through “noise ordinance enforcement” (Policy NE-1.1), to “Minimize noise conflicts between neighboring properties through enforcement of applicable regulations, such as the City’s Noise Control Ordinance” (Policy NE-3.1), to “Respond timely to noise complaints and conduct field monitoring compliance checks to regulate noise violators” (Policy NE-3.2), and to require entertainment uses “to minimize noise impacts on adjacent noise-sensitive receptors” (Policy NE-3.3), and, in Policy NE1.5, contemplates that the City may “permit variances to allow [special events] to temporarily exceed the maximum allowable decibel level while minimizing noise impacts to surrounding uses to the extent feasible”; and WHEREAS, Chapter 95C as currently adopted contains no numeric noise limits, and this Ordinance implements Table 11-2, Program 2 of the Noise Element by establishing objective exterior noise standards, measured at the property line of receiving residential property with calibrated instruments in the manner used in the City’s own noise monitoring, alongside the existing standard of noise that disturbs a reasonable person of normal sensitivity; and
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 321 of 373 WHEREAS, the Planning Commission reviewed the proposed amendments to this chapter at its duly noticed public hearing of July 22 and August 12, 2026, and recommended that noise enforcement provide a reasonable opportunity to correct a violation before fines accrue, with escalating consequences for properties with repeated substantiated violations, and this Ordinance implements that recommendation; and
WHEREAS, under Chapter 95C as currently adopted, permitted outdoor gatherings are wholly exempt from the chapter (§ 95C.09(C)), a written Noise Warning Notice and a second response within thirty days are required before any citation (§ 95C.10(A)), and violations are infractions punishable by default fines of $100, $200, and $500, and the City Council finds that this Ordinance is more protective of residential neighborhoods than existing law; and WHEREAS, the City Council held a duly noticed public hearing on October 7, 2026 to consider the introduction of this Ordinance and has considered all evidence and testimony presented.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS. The City Council hereby finds that the above recitals are true and correct and are incorporated herein by this reference as the Council’s findings. The Council further finds that the adoption of this Ordinance is necessary to protect the public health and safety by providing a clear, standardized procedure for the abatement of noise nuisances, and that the objective noise standards adopted by this Ordinance are consistent with, and implement, the Noise Compatibility Guidelines of Table 11-1 of the General Plan Noise Element, under which exterior noise exposure of single-family residences of up to 60 dBA CNEL is “acceptable” and exposure of 60 to 70 dBA CNEL is “conditionally acceptable,” by establishing short-term exterior limits that, if met, keep the daily exposure of receiving residences within those ranges.
SECTION 2. AMENDMENT AND RESTATEMENT. Chapter 95C of the Indio Municipal Code is hereby amended and restated in its entirety as set forth in Exhibit “A”, attached hereto and incorporated herein by reference.
SECTION 3. CONFORMING AMENDMENTS TO CHAPTER 12 (ENFORCEMENT OF CODE). Chapter 12 of the Indio Municipal Code is hereby amended as set forth in Exhibit “B”, attached hereto and incorporated herein by reference.
SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council finds and determines, on each of the following independent and alternative grounds, that the adoption of this Ordinance is not subject to, or is exempt from, the California Environmental Quality Act (Public Resources Code § 21000 et seq.) and the State CEQA Guidelines: (A) the Ordinance establishes noise standards and enforcement procedures, approves no development, construction, or use at any specific location, and has no potential to cause a direct or reasonably foreseeable
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 322 of 373 indirect physical change in the environment, and therefore is not a “project” under Public Resources Code § 21065 and Guidelines § 15378, and CEQA does not apply pursuant to Guidelines § 15060(c)(2) and (c)(3); (B) independently, the Ordinance is exempt under Guidelines § 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of objective noise limits, quiet hours, and graduated enforcement procedures, measured against existing law that contains no numeric limits and exempts permitted gatherings entirely, may have a significant effect on the environment; and (C) independently, the Ordinance is categorically exempt under Guidelines §§ 15307 and 15308 as an action by a regulatory agency to assure the maintenance, restoration, enhancement, or protection of the environment, which relaxes no existing standard and involves no construction. None of the exceptions in Guidelines § 15300.2 applies. The Noise Element anticipated that special events “may increase in frequency; however, there would be no fundamental change in the nature of these sources and existing regulation under the noise ordinance would continue” (p. 11-7). The Community Development Director is directed to file a Notice of Exemption with the County Clerk within five working days after adoption of this Ordinance.
SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6. RELATIONSHIP TO OTHER PROVISIONS. This Ordinance regulates noise and vibration and the enforcement of noise regulations. To the extent that any provision of the Indio Municipal Code or the Unified Development Code addressing that subject matter is in conflict with the provisions of this Ordinance, the provisions of this Ordinance shall control. Nothing in this Ordinance amends the land use regulations or development standards of any zoning district. In the event of any conflict between this Ordinance and the General Plan, the General Plan shall control.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after its final passage and adoption.
/ / /
/ / /
/ / /
/ / /
/ / /
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 323 of 373 SECTION 8. PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED on this 21st day of October, 2026. _________________________________
ELAINE HOLMES, MAYOR
ATTEST:
CITY CLERK
____________________________________
SABDI SANCHEZ, MMC
DIRECTOR OF CITY CLERK SERVICES
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 324 of 373
EXHIBIT A
CHAPTER 95C
NOISE CONTROL
§ 95C.01. Purpose and Findings.
(A) The purpose of this chapter is to: (i) establish standards and regulations for the control of noise and vibration within the City; (ii) provide a clear and standardized administrative procedure for the abatement of noise nuisances; (iii) implement both a subjective standard, under which a violation is established by the observation of an enforcement official that noise disturbs a reasonable person of normal sensitivity, and an objective standard, under which a violation is established by a defined audibility test or by measured sound levels, so that enforcement is fair, predictable, and defensible; (iv) implement Table 11-2, Program 2 and Policies NE1.1, NE-1.5, NE-3.1, NE-3.2, and NE-3.3 of the Noise Element of the General Plan; and (v) protect the quality of life in residential neighborhoods while acknowledging the operational needs of the City’s commercial sectors. (B) The City Council finds and declares as follows: (i) the making and creation of excessive, unnecessary, or unusually loud noises within the City is a condition which has existed for some time and the extent and volume of such noises are increasing; (ii) every person is entitled to an environment in which the noise and vibration levels are not detrimental to their life, health, or enjoyment of property; (iii) the city’s residents and visitors should be protected from excessive, unnecessary, and annoying noise and vibration which interfere with sleep, communication, relaxation, and the comfort of residential and commercial life; (iv) the City Council further recognizes that certain activities essential to the economic, cultural, and social health of the City necessarily produce some noise; therefore, it is the intent of this chapter to balance the individual’s right to a quiet environment with the community's need for essential services, commerce, and public celebration through reasonable regulations; and (v) the City Council therefore finds that the requirements and prohibitions contained in this chapter are necessary to preserve the public peace and to protect the health, safety, and welfare of the citizens of the City.
§ 95C.02. Definitions.
As used in this chapter, the following terms have the meanings given:
AMBIENT NOISE LEVEL means the all-encompassing noise associated with a given environment, being a composite of all sources, measured in the absence of the noise source under investigation as the A-weighted equivalent sound level (Leq) over a period of not less than five (5) minutes.
CONSTRUCTION EQUIPMENT means tools, machinery or equipment used in connection with construction operations, including all types of "special construction"
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 325 of 373 equipment as defined in the pertinent sections of California Vehicle Code when used in the construction process on any construction site, home improvement site or property maintenance site, regardless of whether such site is located on highway or off-highway.
dBA means the A-weighted sound pressure level in decibels, as measured by a sound level meter using the A-weighting network.
DISTURBING, EXCESSIVE OR OFFENSIVE NOISE means any sound or noise that (i) causes discomfort or annoyance to a reasonable person of normal sensitivity in the area, as provided in Section 95C.03, or (ii) is plainly audible at the distance or location specified in this chapter, or exceeds the exterior noise standards established in Section 95C.03A, as provided in that section.
ENFORCEMENT OFFICIAL has the meaning given in Section 12.01.01 of this Code and includes each officer and employee designated in Section 12.02.03 of this Code.
ENHANCED ENFORCEMENT STATUS means the status of a property described in Section 95C.10(C)(2).
FIXED NOISE SOURCE means stationary device which creates sound, which is fixed or motionless including, but not limited to, industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment.
Leq means the equivalent continuous A-weighted sound level, in dBA, over a stated measurement period.
Lmax means the maximum A-weighted sound level, in dBA, measured with slow response during a stated measurement period.
MOBILE NOISE SOURCE means any noise source other than fixed noise source.
PLAINLY AUDIBLE means that an enforcement official or other person can hear a sound and distinguish its source, rhythm, bass, melody, lyrics, or words, using unaided hearing, at the distance or location specified in this chapter. It is not necessary that the words or the song be identified. The detection of the rhythmic bass component of music is sufficient.
QUIET HOURS means the following periods: (i) for residential amplified sound and outdoor activity regulated by this chapter, Chapter 37 of this Code, and Chapter
4.28 of the Unified Development Code, the period from [10:00 p.m.] to 8:00 a.m.
Sunday through Thursday and from [11:00 p.m.] to 8:00 a.m. Friday and Saturday [Alternative for City Council consideration: 9:00 p.m. to 8:00 a.m. Sunday through Thursday and 10:00 p.m. to 8:00 a.m. Friday and Saturday]; and (ii) for all other purposes of this chapter, including the enhanced fines of Section 95C.10(D)(1)(a), the period from 10:00 p.m. to 7:00 a.m. every day. Where a permit issued under
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 326 of 373 Chapter 4.28 of the Unified Development Code or Chapter 113 of this Code establishes more restrictive hours, the permit controls.
RECEIVING RESIDENTIAL PROPERTY means any property, other than the property on which the noise source is located, that contains a dwelling unit, a hotel or other transient lodging, a school, a hospital, a place of worship, or a similar noisesensitive use.
QUALIFYING LARGE-SCALE LANDSCAPING OPERATION means the regular maintenance of landscaping, turf, trees, agricultural property, or other cultivated vegetation undertaken in connection with: (i) An agricultural operation; (ii) A golf course; (iii) A public park or recreational facility; (iv) A school, college, hospital, cemetery, utility facility, governmental facility, resort, master-planned community, common-interest development, or similar institutional or community-serving use; or (v) Another commercial, institutional, governmental, or residential common-area property containing at least ten acres of maintained landscaping, turf, trees, agricultural land, or other cultivated vegetation.
POWERED LANDSCAPING EQUIPMENT means any utility or landscaping tool powered by an internal combustion engine or electric motor. This includes, but is not limited to, leaf blowers (portable, handheld, or backpack devices with a nozzle intended for moving leaves and/or light materials), lawn mowers, edgers, trimmers, hedge clippers, chainsaws, and pole saws.
SOUND AMPLIFYING EQUIPMENT means any machine or device for the amplification of the human voice, music or any other sound. "Sound amplifying equipment" shall not be construed as including standard automobile radios when used and heard only by the occupants of the vehicle in which installed or warning devices on authorized emergency vehicles.
SOUND LEVEL METER means an instrument for the measurement of sound pressure level that conforms to the Type 1 or Type 2 requirements of ANSI S1.4 and IEC 61672-1, or their successors, and that is calibrated as provided in Section 95C.03A(C).
§ 95C.03. General prohibitions.
(A) It shall be unlawful for any person to make, continue, or cause to be made or continued, within the city limits, any disturbing, excessive, or offensive noise or vibration which causes discomfort or annoyance to any reasonable person of normal sensitivity in the area, or that is plainly audible at a distance greater than 50 feet from the source point, for any purpose. A violation of this subsection may be established by the direct observation of an enforcement official, including audio or video recording, without a sound-level measurement.
(B) The characteristics and conditions which should be considered in determining whether a violation of the provisions of this section exists should include, but are not limited to the following:
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 327 of 373 (1) The level of the noise;
(2) Whether the nature of the noise is usual or unusual; (3) Whether the origin of the noise is natural or unnatural; (4) The level of the ambient noise level;
(5) The proximity of the noise to sleeping facilities;
(6) The nature and zoning of the area from which the noise emanates and the area where it is received;
(7) The time of day or night the noise occurs;
(8) The duration of the noise; and
(9) Whether the noise is recurrent, intermittent, or constant. (C) Conflict of Provisions. This chapter shall constitute the City's primary and generally applicable noise regulations. To the extent that these provisions are more strict, this chapter shall take precedence and control over any other provision of the Indio Municipal Code, any City resolution, administrative regulation, or operating standard that addresses noise, sound levels, or related nuisance conduct arising from individual noise generators or activities, except as expressly provided in Section 95C.03A(E) for permits and approvals that establish hours or sound limits for a specific use.
(D) Two Pathways. A violation of this chapter may be established either under this section (the subjective standard) or under Section 95C.03A (the objective standard). Neither standard is a prerequisite to the other, and the City’s election not to measure sound levels does not defeat a violation established under this section.
§ 95C.03A. Objective noise standards.
(A) Plainly Audible Standard. It shall be unlawful for any person to operate or permit the operation of any sound amplifying equipment, musical instrument, or other sound production or reproduction device, or to conduct or permit any outdoor activity, in a manner that is plainly audible (i) at a distance of 50 feet or more from the source point, or (ii) where this chapter, Chapter 37 of this Code, Chapter 4.28 of the Unified Development Code, or a permit or approval issued under this Code specifies the property line as the point of measurement, at or beyond the property line of any receiving residential property during Quiet Hours. Whether a sound is plainly audible shall be determined by an enforcement official using unaided hearing at the specified location; the official’s observation, including any audio or video recording, is sufficient to establish a violation of this subsection.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 328 of 373 (B) Exterior Noise Standards. It shall be unlawful for any person to cause or permit any noise source located on private property to produce, at the property line of any receiving residential property, a sound level in excess of the following limits, unless a different limit has been established for the source by a permit or approval issued pursuant to subsection (E):
Period Maximum Leq (15-
minute) at receiving
property line
Maximum Lmax at
receiving property line
Daytime: 7:00 a.m. to
7:00 p.m.
[65] dBA [75] dBA
Evening: 7:00 p.m. to the
beginning of Quiet Hours
[60] dBA [70] dBA
Quiet Hours (nighttime) [55] dBA [65] dBA
Where the ambient noise level at the point of measurement exceeds the applicable limit, the limit shall be the ambient noise level plus [five (5)] dBA. The limits of this subsection are enforcement standards for individual noise sources and are intended to be consistent with, and to implement, the Noise Compatibility Guidelines of Table 11-1 of the General Plan Noise Element, which are planning guidelines expressed in the 24-hour Community Noise Equivalent Level (CNEL) metric; a noise source that complies with the limits of this subsection at all times will not cause the daily exterior noise exposure of a receiving residence to exceed the “acceptable” or “conditionally acceptable” ranges of Table 11-1. [Drafting note: the bracketed limits are calibrated to Table 11-1 (single-family residential “acceptable” to 60 dBA CNEL; “conditionally acceptable” 60–70 dBA CNEL) and to the City’s September–October 2025 monitoring of permitted events, which recorded maximum hourly Leq values of 57.0 to 66.5 dBA at the property line nearest residences; confirm the final numbers with the City’s acoustical consultant before adoption.] (C) Measurement Protocol. A measurement under subsection (B) shall be made with a sound level meter, A-weighted, set to slow response, field-calibrated with an external acoustic calibrator before and after each measurement session, fitted with a windscreen, with the microphone positioned approximately five (5) feet above grade and not less than three (3) feet from any wall, fence, or other reflecting surface, at the property line of the receiving residential property nearest the noise source or, where the enforcement official cannot lawfully access that location, at the nearest lawful location, with the distance to the property line recorded. An Leq measurement shall be made over a period of not less than five (5) minutes and, where practicable, fifteen (15) minutes. Measurements shall not be made when wind speed at the microphone exceeds twelve (12) miles per hour, and sound from sources other than the source under investigation, including generators or vehicles not associated with that source, shall be noted and, where identifiable, excluded.
The enforcement official shall record the date, time, location, meter make and model, calibration, measured values, weather conditions, and the source observed.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 329 of 373 (D) Evidentiary Effect. A measurement made in substantial compliance with subsection (C) that exceeds the applicable limit of subsection (B) is prima facie evidence of a violation of this section. Data recorded by a City-approved, timestamped sound-level monitoring device installed pursuant to a permit condition under Chapter 37 of this Code or Chapter 4.28 of the Unified Development Code is admissible in any administrative proceeding under this Code to establish or rebut a violation. [Alternative for City Council consideration: A measurement made in substantial compliance with subsection (C) that does not exceed the applicable limit of subsection (B) creates a rebuttable presumption that amplified sound from the measured source did not violate Section 95C.03(A) during the measurement period, other than during Quiet Hours.]
(E) Permits and Approvals. Consistent with Policy NE-1.5 of the General Plan Noise Element, an Administrative Use Permit or Conditional Use Permit issued under Chapter 4.28 of the Unified Development Code, an Entertainment Permit issued under Chapter 113 of this Code, a development agreement, or a Temporary Use Permit may establish, for the hours and sound sources authorized by the permit or agreement, sound-level limits, measurement locations, or Quiet Hours that differ from those established by this chapter, upon written findings that the different standard is necessary for the permitted activity and that noise impacts on surrounding uses will be minimized to the extent feasible. During the permitted hours, the standards of the permit or agreement control, and a violation of those standards is a violation of this chapter. At all other times this chapter applies according to its terms.
(F) Monitoring Conditions. A permit or approval issued under this Code may require, as a condition, the installation and operation of a City-approved sound-level monitoring device at the property line of the permitted property, the retention of an acoustical consultant to monitor compliance during permitted events at the permittee’s expense, and the submission of the resulting data to the City upon request, consistent with Table 11-2, Programs 1 and 5 of the General Plan Noise Element.
§ 95C.04. Disturbing, excessive, offensive noises; declaration of certain acts constituting.
The following activities, among others, are declared to cause disturbing, excessive or offensive noises in violation of this chapter and Chapter 95A and are unlawful, namely:
(A) Horns, signaling devices, and the like. Unnecessary use or operation of horns, signaling devices, or other similar devices, on automobiles, motorcycles, or any other vehicle.
(B) Radios, television sets, phonographs, loud speaking amplifiers and similar devices.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 330 of 373 (1) Uses restricted. The use or operation of any sound production or reproduction device, radio receiving set, musical instrument, drums, phonograph, television set, loud speakers, sound amplifying equipment or other similar machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, or comfort of any reasonable person of normal sensitivity in any area of the city is prohibited.
(2) Prima facie violations. Any of the following shall constitute evidence of a prima facie violation of this section:
(a) The operation of any such sound production or reproduction device, radio receiving set, musical instrument, drum, phonograph, television set, machine, loud speaker and sound amplifying equipment or similar machine or device in such a manner as to be plainly audible, as defined in Section 95C.02, at a distance of 50 feet from the building, structure or vehicle in which located, or from the source point, or in excess of the exterior noise standards of Section 95C.03A(B).
(b) The operation of any sound amplifying equipment, which is part of, or connected to, any radio, stereo receiver, compact disc player, cassette tape player, or other similar device when operated in such a manner as to be plainly audible at a distance of 50 feet from the source point or when operated in such a manner as to cause a person to be aware of vibration at a distance of 50 feet from the source point.
(3) Enforcement of prima facie violations.
(a) Any person who is authorized to enforce the provisions of this chapter and who encounters evidence of a prima facie violation of this section is empowered to confiscate and impound as evidence, any or all of the components amplifying or transmitting the sound.
(b) Any peace officer, as defined in Cal. Penal Code, Ch. 4.5 §§ 830 et seq., who encounters evidence of a prima facie violation of this section whereby the component(s) amplifying or transmitting the sound are attached to a vehicle may, in accordance with the provisions of Cal. Veh. Code § 22655.5, impound the vehicle, as containing evidence of a criminal offense, when the amplifying and/or transmitting component(s) cannot be readily removed from the vehicle without damaging the component(s) or vehicle. (C) Animals. (See Chapter 92 adopting Title 6 of the Riverside County Code of Ordinances; and Riverside County Code of Ordinances Chapter 6.20 “Noisy Animals”).
(D) Hospitals, schools, libraries, rest homes, long-term medical or mental care facilities. To make noise adjacent to a hospital, school, library, rest home, or longterm medical or mental care facility, which noise reasonably interferes with the
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 331 of 373 workings of such institutions or which disturbs or unduly annoys occupants in said institutions.
(E) Playing of radios on buses, public transportation. The operation of any radio, phonograph, tape player, or similar device or equipment on an urban transit bus or trolley so as to emit noise that is audible to any other person in the vehicle is prohibited.
(F) Powered Landscaping Equipment.
(1) Standard Time Operational Hours. During any period in which standard time is observed in the State of California, Powered Landscaping Equipment shall only be operated between the hours of 7:00 a.m. and 7:00 p.m. (2) Daylight Saving Time Operational Hours. During any period in which daylight saving time is observed in the State of California, Powered Landscaping Equipment shall only be operated between the hours of 6:00 a.m. and 8:00 p.m., except as expressly authorized by a waiver issued pursuant to subsection (3). (3) Annual Early-Morning Heat Waiver. The Public Works Director, or their designee, may issue a written annual waiver authorizing a Qualifying Large-Scale Landscaping Operation to begin operating powered Landscaping Equipment at 5:30 a.m. during daylight saving time. The City Engineer may determine that multiple contiguous or commonly managed parcels constitute a single operation for purposes of determining eligibility under this subsection. A waiver shall be issued only upon a written application demonstrating that: (a) The applicant operates a Qualifying Large-Scale Landscaping Operation; (b) Beginning work before 6:00 a.m. is reasonably necessary to reduce employee exposure to extreme heat, protect plant health, maintain essential facilities, or efficiently complete work before the hottest portion of the day; (c) The applicant will use reasonably available measures to minimize noise impacts upon nearby residential properties; and (d) The applicant has not demonstrated a pattern of violations of this chapter or of conditions imposed under a prior waiver. A waiver issued under this subsection shall: (i) be in writing and signed by the Public Work Director, or their designee; (ii) Be valid for no more than one calendar year; (iii) Identify the property, properties, or operation to which it applies; (iv) Authorize operation beginning at 5:30 a.m. only on days during daylight saving time; and (v) Include any conditions the Public Works Director determines are reasonably necessary to minimize noise impacts and protect the public health, safety, and welfare The person or entity relying upon the waiver shall maintain a copy of the waiver at the work site or otherwise make it immediately available for inspection. A waiver does not authorize operation of powered Landscaping Equipment before 5:30 a.m., during standard time, or in violation of any applicable noise limit or other provision of this Code. The Public Works Director, their designee, or the City’s designated Hearing Officer may modify, suspend, or revoke a waiver upon determining that the waiver holder has violated this chapter, failed to comply with a condition of the waiver, provided materially inaccurate information, or operated equipment in a manner that creates
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 332 of 373 excessive, unusual, or unnecessary noise. A waiver creates no vested right and is not transferable without the written approval of the Public Works Director. (4) Equipment Standards. All leaf blowers shall be equipped with functional mufflers and manufacturer-approved sound-limiting devices. No person shall operate Powered Landscaping Equipment in a manner that violates Section 95C.03 or Section 95C.03A, or while the equipment is in a state of disrepair that generates excessive, unusual, or unnecessary noise.
(G) Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets or on any publicly owned property between the hours of 10:00 p.m. and 7:00 a.m., or at any time or place so as to disturb the quiet comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence or persons in the close proximity shall be considered a violation of this section. § 95C.05. Burglar alarms.
(A) Audible burglar alarms for structures or motor vehicles are prohibited unless the operation of such burglar alarm will be terminated within ten minutes of being activated.
(B) Notwithstanding the requirements of this chapter, any member of the Police Department of the city shall have the right to take such steps as may be reasonable and necessary to disconnect any such alarm installed in any building, dwelling, or motor vehicle at any time during the period of its activation. This section does not preclude the towing and storage of vehicles in accordance with the procedures set forth in the Cal. Veh. Code § 22651.5.
§ 95C.06. Unreasonable Operation of Vehicles.
It shall be unlawful for any person to operate a motor vehicle in a manner that creates disturbing, excessive, or offensive noise through the unnecessary racing or revving of an engine, or the unnecessary rapid acceleration or deceleration of a vehicle, which causes the squealing of tires. Any noise from the operation of a motor vehicle (other than standard exhaust noise conforming to the California Vehicle Code) that is plainly audible from public property at a distance of 150 feet from the vehicle shall constitute a prima facie violation of this section. § 95C.07. Amplified Sound from Vehicles Upon the Highway.
No person shall operate or permit the operation of any sound amplifying equipment which emanates from or is mounted upon a vehicle being operated upon a highway or any public right-of-way, whether such vehicle is in motion or stationary, in a manner which can be heard outside the vehicle from 50 or more feet, to the extent permitted by California Vehicle Code Section 27007. This section shall be construed and applied consistently with Section 27007 and shall not apply to any conduct the regulation of which is preempted by the Vehicle Code.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 333 of 373 § 95C.08. Disturbing, excessive, offensive noises or vibration created by vehicle(s), tools, machinery; declaration of certain acts constituting.
The following activities, among others, are declared to cause disturbing, excessive or offensive noises or vibration in violation of this section but such enumeration shall not be deemed to be exclusive, namely:
(A) Standing motor vehicles. No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight rating in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle, including but not limited to refrigerated truck compressors, for a period longer than 15 minutes in any hour while the vehicle is stationary and on a public right-of-way or public space, within 150 feet of a residential area between the hours of 7:00 p.m. and 7:00 a.m., except when movement of said vehicle is restricted by other traffic. (B) Controlled hours of operation. Notwithstanding any other provision of this code it shall be unlawful for any person to operate, permit, use or cause to operate, any of the following: (i) Powered model vehicles/planes; (ii) Loading and unloading of vehicles, operating of fork lifts or cranes within a residential or commercial zone; and (iii) Construction equipment, other than between the hours of:
(1)Pacific Standard Time.
(a) Monday through Friday, 7:00 a.m. through 7:00 p.m.
(b) Saturday, 8:00 a.m. through 6:00 p.m.
(c) Sunday, 9:00 a.m. through 5:00 p.m.
(d) Government Holidays, 9:00 a.m. through 5:00 p.m.
(2) Pacific Daylight Time.
(a) Monday through Friday, 6:00 a.m. through 6:00 p.m.
(b) Saturday, 7:00 a.m. through 6:00 p.m.
(c) Sunday, 9:00 a.m. through 5:00 p.m.
(d) Government Holidays, 9:00 a.m. through 5:00 p.m.
§ 95C.09. Special provisions; exemptions.
The following activities shall be exempted from the provisions of this chapter:
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 334 of 373 (A) Those noise events in the community (e.g. arterial traffic noise, railroad noise) that are more accurately measured by application of the general plan noise element policy, utilizing the community noise equivalent level (CNEL) method. (B) School bands, school athletic and school entertainment events. (C) Outdoor gatherings, public dances, shows and sporting and entertainment events authorized by the City via permit, or by a previously approved development agreement, but only to the extent, and only during the hours, that the permit or agreement expressly establishes hours, sound-level limits, or Quiet Hours for the event pursuant to Section 95C.03A(E). Such events otherwise remain subject to this chapter, and a violation of the hours, sound-level limits, or noise conditions of the permit or agreement is a violation of this chapter enforceable under Section 95C.10.
(D) Activities conducted in public parks and public playgrounds in compliance with any applicable city permitting requirements.
(E) Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work.
(F) All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions.
(G) Mobile noise sources associated with agricultural operations being conducted in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in Riverside County. (H) Mobile noise sources associated with agricultural pest control through pesticide application.
(I) The provisions of this chapter shall not preclude the construction, operation, maintenance and repairs of equipment, apparatus or facilities of park and recreation departments, public work projects or essential public services and facilities, including trash collection and those activities of public utilities subject to the regulatory jurisdiction of the City of Indio or the California Public Utilities Commission.
(J) The provisions of this chapter shall not apply to noise sources associated with minor maintenance or improvement of property used either in part or in whole for residential purposes provided said activities take place between the hours of 7:00 a.m. and 8:00 p.m. on any day except Sunday or between the hours of 10:00 a.m. and 8:00 p.m. on Sunday.
(K) The provisions of this chapter shall not apply to any activity to the extent regulation thereof has been preempted by state or federal law or which is a
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 335 of 373 necessary or appropriate means of complying with health or safety requirements imposed by state or federal law.
§ 95C.10. Enforcement and penalties.
(A) Enforcement Authority. This chapter may be enforced by any enforcement official, as defined in Section 12.01.01 of this Code, and by each officer and employee designated in Section 12.02.03 of this Code, including the City Manager and the City Manager’s designees, the Chief of Police and all sworn personnel of the Police Department, Community Service Officers, and the Code Enforcement Manager and Code enforcement officials. Nothing in this chapter confers peace officer status or any power of arrest beyond that provided in Section 12.02.06 of this Code; an enforcement official who is not a peace officer under Penal Code Section 830 et seq. may arrest only as provided in Section 12.02.06(B). (B) Declaration of Public Nuisance; Immediate Abatement. (1)Nuisance Per Se. Any condition caused or permitted to exist in violation of any of the provisions of this chapter is hereby declared a public nuisance and a threat to the public health, safety, and welfare. Such violations may be abated by the City through any and all legal and equitable means, including but not limited to administrative, civil, or criminal action. (2)Harm to Community. The City Council finds that the presence of excessive noise or vibration as defined herein results in significant harm to the community.
(3)Summary Abatement. If a violation of this chapter constitutes an imminent life safety hazard within the meaning of Section 12.01.01 of this Code, the City may proceed with summary abatement without prior notice in accordance with Subchapter 9 of Chapter 12, and the responsible person may request an expedited hearing as provided in Section 12.09 of this Code. The costs of such abatement may be assessed as a nuisance abatement lien or a special assessment.
(4)Responsibility. For the purposes of this chapter, the owner of the property where the noise originates, the tenant in possession, and the individual(s) physically causing the noise shall be jointly and severally responsible for the nuisance.
(C) Enforcement Discretion, Procedures, and Cumulative Remedies. (1)Compliance Period. The goal of enforcement under this chapter is compliance. Before issuing an administrative citation or commencing the accrual of duration-based fines for a noise violation at a property that is not in Enhanced Enforcement Status, an enforcement official shall issue an Order to Abate to a responsible person, verbally, in writing, or by any means reasonably calculated under the circumstances to provide notice,
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 336 of 373 and shall allow a reasonable compliance period of not less than [five (5)] minutes from the Order to Abate within which to cease the violation.
Where the property is a permitted short-term rental or the site of a permitted Regulated Residential Event, the enforcement official shall, when practicable, attempt to contact the local contact person or event contact at the telephone number on file before or at the time the Order to Abate is given. If the violation ceases within the compliance period, no citation shall issue and no duration-based fine shall accrue for that incident, but the incident shall be recorded as a substantiated violation for purposes of paragraph (2) if the enforcement official determines that a violation occurred. No compliance period is required, and enforcement may proceed immediately, in any of the following circumstances:
a. The property is in Enhanced Enforcement Status;
b. The violation occurs during an event or assembly use conducted without a permit required by Chapter 4.28 of the Unified Development Code, or at a short-term rental operating without a permit required by Chapter 37 of this Code;
c. The violation poses an immediate risk to the health or safety of any person; or
d. The responsible person refuses to accept the Order to Abate, willfully interferes with the enforcement official, or cannot be located after reasonable efforts, in which case the compliance period shall be deemed to have expired.
(2)Enhanced Enforcement Status. A property enters Enhanced Enforcement Status upon the [second (2nd)] substantiated violation of this chapter, Section 37.012(I) or (J) of this Code, or Section 4.28.06(C) of the Unified Development Code at the property within any rolling twelve (12) month period, whether committed by the same or different persons, and remains in that status until twelve (12) months have elapsed without a further substantiated violation. A substantiated violation is one that was directly observed by an enforcement official, or established by the evidence described in paragraph (5), and either was not contested or was upheld.
While a property is in Enhanced Enforcement Status: (a) no compliance period is required before citation or the accrual of duration-based fines; (b) the enhanced fines and rates of subsections (D) and (E) apply; and (c) the City may initiate proceedings to modify, suspend, or revoke any permit issued for the property under Chapter 37 of this Code or Chapter
4.28 of the Unified Development Code. The enforcement official shall give the property owner and, where applicable, the permittee written notice when a property enters Enhanced Enforcement Status, and the notice shall be appealable as provided in Section 12.11.01 of this Code.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 337 of 373 (3)Separate and Discrete Offenses. Each violation of this chapter is a discrete violation complete upon its occurrence. Each and every day, and each and every hour or portion thereof, that a violation of this chapter exists or continues after the expiration of any applicable compliance period shall constitute a separate and distinct offense. For the purposes of calculating fines under subsection (E), the offense shall be calculated on a minuteby-minute basis. (4)Cumulative Remedies. The remedies provided in this chapter are cumulative and not exclusive. The City’s decision to pursue one remedy shall not preclude the City from simultaneously or subsequently pursuing any other remedy for the same underlying violation.
(5)Evidence of Violation. A violation may be established by (a) an enforcement official’s direct observation, including audio or video recording; (b) a sound-level measurement made in substantial compliance with Section 95C.03A(C); (c) data recorded by a monitoring device described in Section 95C.03A(D); or (d) the sworn statements of [two (2)] or more complaining witnesses residing in separate households, corroborated by recording, measurement, or other competent evidence. A complaint alone is not sufficient to establish a violation. (D) Administrative Citations and Administrative Civil Penalties. Violations of this chapter may be addressed through the administrative citation and/or administrative civil penalty process as set forth in Chapter 12 of this Code. (1)Standard Fines for Administrative Citations. Unless otherwise established by City Council resolution, administrative citation fines shall be $100 for a first violation, $200 for a second violation of this chapter within one year, and $500 for each additional violation of this chapter within one year. As used in this section and in subsection (E), “within one year” means within the twelve (12) month period immediately preceding the date of the current violation, measured on a rolling basis, and violations are counted per property, whether committed by the same or different persons.
Administrative citation fines for violations of this chapter at a short-term rental shall be in the amounts established by Section 12.08.07(D) of this Code.
a. Enhanced Fines (Quiet Hours). For violations occurring between the hours of 10:00 p.m. and 7:00 a.m. the standard fine amounts described above may be increased by up to one hundred percent (100%), at the discretion of the enforcement official, based on the severity of the disturbance and the degree of non-compliance. b. Enhanced Fines (Commercial Activity). Notwithstanding the above, for violations involving events in residential zones regulated by Chapter 4.28 of the Unified Development Code, and for violations at a property in Enhanced Enforcement Status, the base fine
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 338 of 373 amounts may be increased to an amount not to exceed $1,000 for a first violation, $2,000 for a second violation within one year, and $5,000 for each additional violation within one year, considering the factors set forth in subsection (E)(2)(d). [Verify against Government Code §§ 36900 and 53069.4.]
(2)Administrative Civil Penalties. In addition to, or in lieu of, the administrative citations described in subsection (D)(1), an enforcement official may elect to impose administrative civil penalties for any violation of this chapter pursuant to Subchapter 7 of Chapter 12 of this Code.
Administrative civil penalties shall be assessed at a rate of up to $1,000 per violation, per day, for each day or portion thereof that a violation continues to exist, based on the factors set forth in Section 12.07.03(C) of this Code and subsection (E)(2)(d). The total administrative civil penalty for any single continuous violation or series of related violations under this subsection at a single property shall not exceed $100,000. (E) Duration-Based Administrative Fines.
(1)Authorization. In addition to any other penalty or remedy provided in this chapter, and notwithstanding Sections 12.07.01(F) and 12.07.02(E) and (F) of this Code as amended by the ordinance adopting this section, an enforcement official may issue a duration-based administrative fine, assessed in increments of one minute, for any violation that is continuous, ongoing, and/or measurable by time. This includes, but is not limited to, violations involving amplified sound, unauthorized construction equipment activity, or stationary vehicle idling.
a. The duration-based fine may begin to accrue upon the expiration of the compliance period required by subsection (C)(1) following an Order to Abate or, where no compliance period is required, when an enforcement official has issued a verbal or written Order to Abate to a responsible party or undertaken actions reasonably calculated under the circumstances to attempt to provide notice. b. The enforcement official shall inform, or undertake actions reasonably calculated under the circumstances to attempt to inform, the responsible party that failure to immediately cease the noise will result in a fine accruing on a per-minute basis. For the purposes of this section, “immediately” means the time reasonably necessary to physically power down equipment, stop machinery, or otherwise cease the offending activity.
(2)Calculation of Fine.
a. The fine shall be calculated for every minute, or portion thereof, that the violation continues from the expiration of the “Order to
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 339 of 373 Abate” until the noise is fully abated to the satisfaction of the enforcement official.
b. The fine shall accrue at a rate of up to $100 per minute for the first violation, up to $200 per minute for the second violation within one year, and up to $500 per minute for each additional violation within one year, at a rate within those limits set by the enforcement official in accordance with paragraph (d). Notwithstanding the foregoing, for violations involving commercial activity in a residential zone, including but not limited to, activities regulated by Chapter 4.28 of the Unified Development Code, and for violations at a property in Enhanced Enforcement Status, the fine shall accrue at a rate of up to $200 per minute for the first violation, up to $400 per minute for the second violation within one year, and up to $1,000 per minute for each additional violation within one year, at a rate within those limits set by the enforcement official in accordance with paragraph (d).
c. The total duration-based fine for a single 24-hour period shall not exceed $5,000.00 per offense for the first violation, $10,000 per offense for the second violation within one year, and $25,000 for each additional violation within one year. Notwithstanding the foregoing, for violations involving commercial activity in a residential zone, including but not limited to, activities regulated by Chapter 4.28 of the Unified Development Code, and for violations at a property in Enhanced Enforcement Status, the total durationbased fine for a single 24-hour period shall not exceed $10,000.00 per offense for the first violation, $20,000 per offense for the second violation within one year, and $50,000 for each additional violation within one year. [Verify the enforcement vehicle and statutory caps under Government Code §§ 36900 and 53069.4.] d. In setting the per-minute rate within the applicable range, and in determining whether to impose an enhanced rate, the enforcement official, and on review the enforcement hearing officer, shall consider and the Notice of Duration-Based Fine shall state: the severity of the disturbance, including any measured sound levels; the duration of the violation after the Order to Abate; whether the property is in Enhanced Enforcement Status and the property’s history of substantiated violations; whether the responsible person, local contact person, or event contact was reachable and responsive; the time of day; and whether the violation occurred during commercial activity. Fines under this subsection are intended to deter violations and to recover the City’s enforcement costs, and shall be proportionate to the violation.
(3)Documentation and Recordation. The enforcement official shall maintain a written or digital log for each duration-based fine incident, which must
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 340 of 373 include: (i) the time the Order to Abate was issued and the time the compliance period, if any, expired; (ii) the name, identity, and/or description of the person to whom the order was given, or the actions undertaken reasonably calculated to provide notice, including any attempt to contact a local contact person or event contact; (iii) the time the violation was observed to have ceased; and (iv) any sound-level measurements made and the information required by Section 95C.03A(C).
(4)Notice of Violation. Within fifteen (15) business days of the incident, the City shall serve a formal “Notice of Duration-Based Fine,” stating the perminute rate applied, the start and end times of the violation as observed, and the factors considered under paragraph (2)(d), using the procedures, including the notice-and-order, hearing, and appeal procedures, for Administrative Civil Penalties under Subchapters 7, 11, and 12 of Chapter 12 of this Code. The burden of proof shall be on the City to show, by a preponderance of the evidence, the existence and duration of the violation.
(F) Civil Action Authorized. The City Attorney may elect to commence a civil action in any court of competent jurisdiction to enforce the provisions of this chapter, to restrain or enjoin any violation, and to seek the abatement of any condition declared herein to be a public nuisance. In any civil action brought pursuant to this section, the City may seek any and all legal and equitable remedies available under state or local law. This includes, but is not limited to, temporary, preliminary, or permanent injunctive relief, the appointment of a receiver, and any other order necessary to compel compliance with this chapter or to protect the public health, safety, and welfare. The prevailing party in any civil action or proceeding to abate a public nuisance or enforce this chapter shall be entitled to recover all costs of investigation and enforcement, including but not limited to reasonable attorney’s fees, expert witness fees, and administrative costs. Recovery of attorney's fees is subject to the City's election to seek such fees at the initiation of the action. The civil remedies set forth in this section are non-exclusive and are in addition to any other administrative or criminal remedies available to the City. The City's pursuit of civil relief shall not constitute an election of remedies so as to preclude the exercise of any other enforcement tool.
(G) Criminal Prosecution. Any person who violates, or causes or permits another to violate, any provision of this chapter may be prosecuted for a criminal offense. At the discretion of the City Attorney or City Prosecutor, any such violation may be filed and prosecuted as either an infraction or a misdemeanor. In exercising the discretion granted in this section, the City Attorney or City Prosecutor may consider any factors deemed relevant to the interests of justice, including but not limited to the severity of the disturbance, the violator’s history of non-compliance, and the impact on the community. The City Attorney or City Prosecutor is further expressly authorized to: (i) reduce a misdemeanor charge to an infraction at any stage of the proceedings; (ii) modify or dismiss charges in the interests of justice, in exchange for a “Civil Settlement Agreement,” “Diversion Program,” or other stipulated
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 341 of 373 compliance measures; and (iii) seek any additional orders from the court necessary to ensure the permanent abatement of the nuisance. Any person convicted of an infraction shall be punished by a fine in accordance with the limits established by state law. Any person convicted of a misdemeanor shall be punished by a fine not exceeding $1,000.00, by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment.
(H) Private Right of Action.
(1)Subject to the other requirements of this subsection, any person who is unreasonably disturbed, or whose property is damaged, by a violation of this chapter may bring a private nuisance cause of action for damages and/or injunctive relief.
(2)No action may be commenced under this section unless the aggrieved party has provided the alleged violator with at least thirty (30) days’ written notice of the intent to sue, and the violator has failed to fully abate the nuisance within that period.
(3)To maintain an action under this section, the plaintiff must be a physical occupant of a residential dwelling or a non-residential premises, situated within 300 feet of the noise source. The plaintiff must demonstrate that the violation personally and directly interfered with the use and enjoyment of the specific dwelling or non-residential premises physically occupied by the plaintiff on at least three (3) separate days within a thirty (30) day period. This right of action is personal to the physical occupant only and may not be asserted by any other person or entity. (4)Notwithstanding any other provision of this Code or state law to the contrary, no party shall be entitled to an award of attorney’s fees in any action brought under this section. Each party shall bear their own legal expenses. The prevailing party may recover only those standard court costs and filing fees as permitted by the California Code of Civil Procedure.
(5)City Immunity and Non-Joinder.
a. Discretionary Immunity. The decision to investigate, cite, or prosecute any violation of this chapter remains at all times a purely discretionary function of the City and its enforcement officials. The existence of a private right of action under this subsection does not create a mandatory duty on the part of the City to take any specific enforcement action, nor does it waive any immunity available to the City or its enforcement officials.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 342 of 373 b. The City of Indio is not a necessary or indispensable party, and shall not be named or joined to any private civil action brought under this chapter
c. The City’s decision not to issue a citation or take enforcement action regarding a specific incident shall not be admissible in a private civil action under this subsection as evidence that no violation occurred, nor shall it be used to establish an estoppel defense against a private plaintiff.
(I) Second-Response Cost Recovery. Where an enforcement official responds to a property a second or subsequent time within any rolling twelve (12) month period for a substantiated violation of this chapter, the City may recover the costs of that response and each subsequent response, computed in accordance with Section
33.100 et seq. of this Code and the fee schedule adopted by City Council resolution, but in no case less than $100 per response. Such costs are a personal obligation of the property owner and of the person causing the disturbing noise, and of the parent or guardian of a minor causing the noise, and may be recovered as provided in Subchapters 13 and 15 of Chapter 12 of this Code. This subsection implements Policy SE-1.9 of the General Plan Safety Element.
(J) Relationship to Chapter 12.
(6)Except as expressly provided in this chapter, violations of this chapter shall be enforced in accordance with Chapter 12 of this Code (Enforcement of Code), and in the event of a conflict this chapter shall control. The terms “enforcement official” and “enforcement hearing officer” have the meanings given in Section 12.01.01.
(7)Each violation of this chapter is a discrete violation complete upon its occurrence and is not a continuing violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues within the meaning of Section 12.08.02(A)(1) of this Code or Government Code Section 53069.4(a)(2). No compliance order, grace period, warning, or opportunity to correct is required before the issuance of an administrative citation or notice and order for a violation of this chapter except the compliance period provided in subsection (C)(1).
(8)Duration-based fines under subsection (E) are administrative civil penalties assessed in increments of less than one day as authorized by Section 12.07.01(F) of this Code, and the daily maximums stated in subsection (E)(2)(c) apply in lieu of the maximum daily rate stated in Section 12.07.01(F).
(9)A notice that a property has entered Enhanced Enforcement Status, and a Notice of Duration-Based Fine, are appealable to the enforcement hearing officer under Section 12.11.01 within ten (10) calendar days after service.
An administrative citation may be contested as provided in Section
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12.08.05. The decision of the enforcement hearing officer is final on service as provided in Section 12.12.07(C), is not appealable to the Planning Commission or City Council, and is subject to judicial review only as provided in Section 12.12.08 or, for administrative citations, Section
12.08.06. (10) Nothing in this chapter limits the private nuisance remedy provided in Section 12.17 of this Code; the informal-resolution requirement of Section
12.17.02(B) applies to private actions and not to enforcement by the City.
EXHIBIT B
CONFORMING AMENDMENTS TO CHAPTER 12 (ENFORCEMENT OF CODE)
1. Section 12.01.01(5) of the Indio Municipal Code is amended to read: “(5) ENFORCEMENT HEARING OFFICER means any person appointed by the City Manager, from a list of qualified persons, to preside over administrative enforcement hearings, subject to Section 12.12.03.”
2. Section 12.02.03(B) of the Indio Municipal Code is amended by adding paragraph (7): “(7) Any other officer or employee of the City whose duties include the enforcement of Chapter 37 or Chapter 95C of this Code or Chapter 4.28 of the Unified Development Code, when designated in writing by the City Manager.”
3. Section 12.07.01(F) of the Indio Municipal Code is amended by adding at the end: “An ordinance of the City may authorize civil penalties for a continuing violation to be assessed in increments of less than one day based on the duration of the violation, and may establish for such duration-based penalties a maximum amount per day that differs from the maximum rate set forth in this subsection, in which case the maximum established by that ordinance controls.”
4. Section 12.08.07 of the Indio Municipal Code is amended by adding subsection (E): “(E) As used in this section, ‘within one year’ means within the twelve-month period immediately preceding the date of the current violation, measured on a rolling basis. For violations of Chapter 37 or Chapter 95C of this Code or Chapter
4.28 of the Unified Development Code, violations are counted per property, whether committed by the same or different persons.” The reference in subsection (D)(1) to “subdivisions (2) and (3)” is corrected to read “subsections (B) and (C).”
5. Section 12.11.01(A) of the Indio Municipal Code is amended by adding paragraph (3): “(3) A notice of suspension, modification, or revocation of any permit, license, registration, or authorization issued under this Code, a notice that a property has entered Enhanced Enforcement Status under Section 95C.10, and a Notice of Duration-Based Fine under Section 95C.10, unless a different appeal procedure is specifically provided by the chapter under which the notice is issued.” Section 12.11.01(D) is amended by adding at the end: “The stay provided in this subsection does not apply to an immediate suspension or cessation order issued
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 344 of 373 under Section 37.017(C) of this Code or Section 4.28.08(I) of the Unified Development Code, or to any other action that the chapter under which it is taken provides is not stayed by an appeal.”
6. A new Section 12.12.03.1 is added to the Indio Municipal Code to read: Ҥ
12.12.03.1 Independence of enforcement hearing officers. (A) Enforcement hearing officers shall be selected through a competitive request for proposals or request for qualifications administered by the City Manager. (B) Compensation shall be at a fixed hourly or per-hearing rate and shall not depend in any manner on the outcome of any hearing or the amount of any fine or penalty imposed or collected. (C) Appointments shall be for a term not exceeding three (3) years. (D) An enforcement hearing officer may be removed during a term only for cause. (E) A party may request the disqualification of an enforcement hearing officer under Section 12.12.03 by written request served on the City Clerk not less than five (5) court days before the hearing, stating the grounds; the request shall be decided by a different enforcement hearing officer, whose decision shall state the reasons in writing.”
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 345 of 373 City of Indio · Office of the City Attorney · Page 1 of 12
O F F I C E O F T H E C I T Y A T T O R N E Y
City of Indio
Steven G. Pacifico, City Attorney · (909) 230-4209 · [email protected] D R A F T A M E N D M E N T · C O M P A N I O N T O U D C C H A P T E R 4 . 2 8 · F E S T I V A L S Festivals Amendment
Proposed UDC § 4.28.11 (Festival Period Event and Occupancy Standards; Festival Neighborhoods Area) New UDC § 4.28.11
4.28.11. Festival Period Event and Occupancy Standards (Festival Neighborhoods Area). (A) Purpose and findings. The City Council finds that the Southern Neighborhoods subarea and the Festival District subarea identified in the Land Use and Urban Design Element of the General Plan (Figure 3-5) together comprise the area of the City most directly affected by, and most directly able to support, the Major Music Festival Events held at the Festival grounds; that the General Plan describes the Southern Neighborhoods as offering "a rural/resort lifestyle with easy access to ... the entertainment offerings of the Festival District," directs the City to "[a]llow for uses that can benefit and create synergies with activities and events in the Festival District," and directs that the Festival District be surrounded with "hospitality and visitor-serving facilities and resort-oriented housing" (General Plan pp. 3-47, 3-48; Policies LU-8.1, LU-8.2); that during the permitted hours of a Major Music Festival Event the acoustic environment of the Festival Neighborhoods Area is dominated by sound generated at the Festival grounds under the City's approvals for that event, so that Regulated Residential Events conducted within those hours at the sound levels this Section permits do not materially change the noise environment experienced by residents during those hours; that demand for lodging and for Regulated Residential Events in the area is concentrated in the days surrounding each Major Music Festival Event; that these conditions are best addressed by objective, timelimited standards applied uniformly to every permitted Property in the area, with public-safety review by the Chief of Police, rather than by case-by-case variance or by a change in the zoning of any Property; and that the Chief of Police has identified two distinct categories of event-related impact in the area, 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, from event-related traffic, parking, and noise, so that the standards of this Section address each category by its own measures and, for Interior Properties, are supplemented by § 4.28.13. This Section implements those findings. It applies only during a Festival Period and only to Eligible Properties, and it authorizes no use other than a Regulated Residential Event accessory to a lawful residential use and transient occupancy under Chapter 37 of the Indio Municipal Code.
(B) Definitions. For purposes of this Section:
(1) "Major Music Festival Event" has the meaning given in Article 7 (Definitions). (2) "Festival Period" means, for each Major Music Festival Event, the period from five (5) days before the first day on which musical performances are permitted at the event through five (5) days after the last such day, as published by the Director under subsection (C). Overlapping or contiguous Festival Periods are one Festival Period.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 346 of 373 Festivals Amendment — draft ordinance text Attorney-Client Privilege · Confidential City of Indio · Office of the City Attorney · Page 2 of 12 (3) "Festival Hours" means, for each day of a Festival Period, the hours during which musical performances are permitted at the Major Music Festival Event under the City's approvals for that day or, on a day with no permitted performance, the Festival Hours of the nearest performance day. "Festival Closing Time" means the end of Festival Hours on a given day.
(4) "Festival Neighborhoods Area" means every Property in a residential zone within the Southern Neighborhoods subarea or the Festival District subarea shown on Figure 3-5 of the Land Use and Urban Design Element of the General Plan, as amended, on the first day of the Festival Period, including a Property bisected by a subarea boundary if more than one-half of its Net Lot Area lies within one or both subareas.
The Director shall publish a parcel map of the Area with each determination under subsection (C). The Director's determination that a Property is within the Area is ministerial and is stated in the Permit. (5) "Festival Period Event" means a Regulated Residential Event conducted during a Festival Period on an Eligible Property under this Section.
(6) "Eligible Property" means a Property within the Festival Neighborhoods Area that, on the first day of the Festival Period and on each day of each Festival Period Event: (a) holds a valid Administrative Use Permit or Conditional Use Permit issued under this Chapter, a Deemed Approved Permit issued under § 4.28.12, or a Temporary Use Permit issued under subsection (D)(3) or under § 4.28.10(B) or (C); (b) is in lawful residential use and contains a lawfully established single-family dwelling occupied or maintained as the primary use of the Property; (c) is not, and within the preceding twelve (12) months has not been, in Enhanced Enforcement Status under Chapter 95C of the Indio Municipal Code; (d) is not subject to a suspension, cessation order, or pending revocation proceeding under § 4.28.08 or § 4.28.12(K); (e) if an Interior Property, has an operating Monitoring Device with a Live Uplink under § 4.28.13(D), and if an Arterial Frontage Property whose Permit requires one, has an operating Monitoring System under subsection (G)(1)(b); and (f) holds a Master Festival Event Approval for the calendar year and a Festival Period Operational Approval for the Festival Period under subsection (E).
(7) "Interior Property" has the meaning given in § 4.28.02 and § 4.28.13: an Eligible Property whose Access Distance, as defined in § 4.28.13(B)(4), is five hundred (500) feet or more. The Director's determination under § 4.28.13(C)(2) governs and is stated in the Permit.
(8) "Arterial Frontage Property" means an Eligible Property that is not an Interior Property, whether or not it has frontage on an Arterial or Secondary Highway.
(9) "Monitoring System" means a Monitoring Device with a Live Uplink, as those terms are defined in §
4.28.13(B)(6), that is permanently installed.
(10) "Permit" means the Administrative Use Permit, Conditional Use Permit, Deemed Approved Permit, or Temporary Use Permit under which a Festival Period Event is conducted, and "review authority" means the Director for an Administrative Use Permit, a Deemed Approved Permit, or a Temporary Use Permit and the Planning Commission for a Conditional Use Permit. "Master Festival Event Approval," "Festival Period Operational Approval," "Public Safety Plan," and "Base Traffic-Management Plan" mean the approvals and plans described in subsection (E).
(11) "Festival Traffic Plan" means the road closure, traffic control, shuttle, rideshare, and pedestrian access plan adopted or published by the City and the Police Department for a Major Music Festival Event, including the traffic conditions of the City's approvals for that event, as in effect for the Festival Period. (12) "Gated Community Street" means a private street within a residential community to which public vehicular access is controlled by a gate, including the streets of the Trilogy at the Polo Club community. "Local/Neighborhood Street" means a street so classified in the Mobility Element of the General Plan. (13) "Chief" means the Chief of Police or the Chief's designee.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 347 of 373 Festivals Amendment — draft ordinance text Attorney-Client Privilege · Confidential City of Indio · Office of the City Attorney · Page 3 of 12 (C) Festival Periods and Festival Hours. Not later than [thirty (30)] days after the City issues its approvals for a Major Music Festival Event, and in any case not later than one hundred twenty (120) days before the first day of the Festival Period, the Director shall determine the Festival Period and the Festival Hours from those approvals, publish them on the City's website, and deliver them to the permittee of each Eligible Property and to each person who has requested notice under this Chapter. A revision is published in the same manner.
The determination is ministerial and is not subject to appeal. (D) Authorization.
(1) Authorization with any Permit. The approval of an Administrative Use Permit or Conditional Use Permit under this Chapter, or the issuance of a Deemed Approved Permit under § 4.28.12, for a Property within the Festival Neighborhoods Area authorizes the permittee, by operation of this Section and without separate application, finding, or action by the review authority, to conduct Festival Period Events on the Property during each Festival Period for the term of the Permit, subject to this Section and to the conditions of the Permit. The Permit shall state that the Property is within the Festival Neighborhoods Area and shall identify it as an Interior Property or an Arterial Frontage Property; an omission does not affect the authorization. No Festival Period Event shall be conducted in a calendar year until the Chief has issued a Master Festival Event Approval for that year, and none shall be conducted during a Festival Period until the Chief has issued a Festival Period Operational Approval for that Festival Period. For a Deemed Approved Permit, the attendance "authorized by the Permit" for purposes of subsection (F)(3) is the maximum attendance fixed under §
4.28.12(F)(2).
(2) No numerical limit; no effect on Permit caps. This Section places no limit on the number of Festival Period Events conducted on an Eligible Property during a Festival Period or on neighboring Properties. A Festival Period Event conducted in compliance with this Section is not counted toward any limit on the number or frequency of Regulated Residential Events established by the Permit, by § 4.28.05(D)(1), or by §
4.28.12, and neither the event nor income derived from it is considered in determining whether a Property is the subject of Venue Operation.
(3) Temporary Use Permit. Notwithstanding §§ 4.28.03(A)(2) and 4.28.10(C), the Director may issue a Temporary Use Permit for Festival Period Events on a Property that has a Net Lot Area of one (1) acre or more, is in lawful residential use, and satisfies paragraphs (b) through (d) of the definition of Eligible Property. The Temporary Use Permit is reviewed under the operating standards of § 4.28.06 as modified by subsection (F) and, for an Interior Property, § 4.28.13; states a maximum attendance not exceeding the attendance that § 4.28.04(B), as adjusted by subsection (F)(3), would allow by Administrative Use Permit or Conditional Use Permit; and is subject to subsection (E). Notwithstanding any other filing deadline in this Code, the application shall be filed together with the Master Festival Event Application and not less than ninety (90) days before the first day of the Festival Period. A Temporary Use Permit issued under this paragraph authorizes no Regulated Residential Event outside the Festival Period for which it is issued and confers no right to a permit for any later Festival Period. (4) Findings. The findings required by § 4.28.05(B) or (C) for an Administrative Use Permit or Conditional Use Permit, by § 4.28.12 for a Deemed Approved Permit, and by § 6.04.05(D) for a Temporary Use Permit are the only findings required for the authorization under this subsection. (E) Public-safety review by the Chief of Police.
(1) Master Festival Event Approval. (a) Filing. Not later than ninety (90) days before the first day of the first Festival Period of a calendar year, a permittee that intends to conduct Festival Period Events in that year shall file a Master Festival Event Application with the Chief, on a form published by the Chief, with the fee established by resolution. (b) Contents. The application shall contain: (i) a Public Safety Plan addressing security staffing and crowd management, attendee screening and alcohol control, emergency medical
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 348 of 373 Festivals Amendment — draft ordinance text Attorney-Client Privilege · Confidential City of Indio · Office of the City Attorney · Page 4 of 12 response and emergency vehicle access, fire safety, the attendance count required by subsection (G)(5), and the method by which an event will be ended on the direction of an enforcement official; (ii) a Base TrafficManagement Plan addressing shuttle, valet, off-site parking, rideshare, and pedestrian routes and locations; the number and placement of traffic attendants; ingress and egress measures that contain queuing on the Property or the approved route and keep event-related traffic and parking off every Arterial, Secondary Highway, Local/Neighborhood Street, and Gated Community Street; the management of attendee traffic from its entry into the Festival Neighborhoods Area to its exit; start and end times coordinated with the Major Music Festival Event and with other Properties within [1,000] feet on which Festival Period Events are proposed; and, for an Interior Property, the Shuttle service and Remote Staging Location required by §
4.28.13(E); (iii) the anticipated schedule of Festival Period Events for the year, with the maximum attendance and transient occupancy of the Property for each; and (iv) any request for special consideration under paragraph (3). (c) Decision. Within [thirty (30)] days after the application is complete, the Chief, in consultation with the Fire Chief, the Director, and the Public Works Director, shall issue the Master Festival Event Approval, issue it with stated conditions, or return the application with the revisions required. A condition stated in the Master Festival Event Approval is a condition of the Permit for that calendar year. The approval is effective for the calendar year and every Festival Period in it and may be amended by the Chief on the permittee's request or under paragraph (2) or (4). (d) Late filing. The Chief may accept a late application if the Chief finds that the Department can complete its review; otherwise the permittee may not conduct Festival Period Events during any Festival Period that begins before the application is approved. (e) Public streets. Traffic attendants, rideshare and shuttle locations, and temporary traffic control devices on a public street or right-of-way are authorized only as stated in an approval under this subsection and under any encroachment permit or temporary traffic control approval the Public Works Director requires, and the Chief may direct that any such function be performed by or under the supervision of the Police Department at the permittee's expense.
(2) Festival Period Operational Approval. (a) Submittal. Not later than [thirty (30)] days before the first day of each Festival Period, the permittee shall submit to the Chief, on a form published by the Chief, the schedule of every Festival Period Event proposed for that Festival Period, with the date, proposed start and end times, maximum attendance, VIP security and transportation considerations, and transient occupancy of the Property for each; any change to the Public Safety Plan or the Base Traffic-Management Plan; the shuttle, valet, off-site parking, and rideshare arrangements confirmed for the Festival Period; and the name and twenty-four (24) hour telephone number of the event contact and of the on-site responsible person required by subsection (G)(4). The permittee shall meet or confer with the Chief as the Chief directs. (b) Approval.
Within ten (10) business days after a complete submittal, the Chief shall issue a Festival Period Operational Approval identifying each Festival Period Event approved for the Festival Period and the conditions applicable to each. In the approval, or by written notice served on the permittee at any time before or during the Festival Period, the Chief may condition any event; require public-safety personnel for any event at the permittee's expense; conform shuttle, valet, and rideshare routes and locations and arrival and departure windows to the Festival Traffic Plan; stagger the start and end times of concurrent events on Properties within [1,000] feet of one another; require that an event end, and amplified sound cease, up to one (1) hour before the Festival Closing Time on a day on which the Chief finds that separation of the event's egress from the egress of the Major Music Festival Event is necessary to protect public safety or the function of an Arterial or Secondary Highway; require a revision of either plan; and, upon a written finding that the public safety of a particular event cannot be adequately provided for by conditions, decline to approve that event. A condition so imposed is a condition of the Permit for that event, and a condition or declination is subject to the expedited appeal provided by § 4.28.08(K). (c) Events added after approval. A Festival Period Event not identified in the Festival Period Operational Approval may be conducted only if the permittee submits it to the Chief not less than seven (7) days before the event and the Chief approves it in writing under subparagraph (b). [(d) Deemed approval. If the Chief has neither issued a Festival Period Operational
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 349 of 373 Festivals Amendment — draft ordinance text Attorney-Client Privilege · Confidential City of Indio · Office of the City Attorney · Page 5 of 12 Approval nor served a notice under subparagraph (b) within [ten (10)] days after a complete submittal under subparagraph (a), the events identified in the submittal are deemed approved subject to the Master Festival Event Approval and the plans as last approved; this subparagraph does not apply to an event submitted under subparagraph (c).] (e) Exclusive pre-event review. The Festival Period Operational Approval, with any approval under subparagraph (c), is the only review required before a Festival Period Event; no further action by the Director or the Planning Commission is required. (3) Special consideration. A permittee may request a modification of a standard of the Base TrafficManagement Plan, of subsection (G)(3), (8), (9), or (10), or of a condition imposed under this subsection, for a circumstance that is unique to the Property or the event and cannot reasonably be addressed through the Base Traffic-Management Plan. The request shall be filed with the Master Festival Event Application or not later than [ninety (90)] days before the first day of the Festival Period it concerns, shall state the circumstance and the measures proposed in place of the standard, and shall be decided in writing, with any conditions, by the Chief for a traffic, parking, or public-safety matter and by the Director for any other matter, subject to the expedited appeal provided by § 4.28.08(K). A modification is limited to the circumstance stated, does not relieve the permittee of the obligation to maintain a Base Traffic-Management Plan, and is not a variance under § 6.04.06. No modification may be granted from subsection (F), from any attendance or occupant-load limit of this Section, from § 4.28.13, or from any standard of Chapter 95C of the Indio Municipal Code.
(4) During a Festival Period. The authority of the Chief and other officials under § 4.28.08(I) to order the immediate cessation of an event and to suspend a Permit applies to Festival Period Events, and following a substantiated violation or a traffic or public-safety incident attributable to an event the Chief may require a revision of the Public Safety Plan or the Base Traffic-Management Plan before any further Festival Period Event on the Property.
(F) Festival Period standards; hours, sound, attendance, and occupancy. During a Festival Period, and only on an Eligible Property, the following apply in place of the corresponding standards of this Chapter and of Chapters 37 and 95C of the Indio Municipal Code:
(1) Hours. Notwithstanding § 4.28.06(B), a Festival Period Event, including guest arrival and departure, food and beverage service, entertainment, amplified sound, and use of outdoor amenities, may be conducted during the Festival Hours for that day until the Festival Closing Time, or until any earlier ending time the Chief requires under subsection (E)(2)(b), and the breakdown and load-out rule of § 4.28.06(B)(2) applies after that time. On a day of the Festival Period on which no performance is permitted at the Major Music Festival Event, the hours of § 4.28.06(B) apply.
(2) Quiet Hours and sound limits. Notwithstanding § 4.28.06(C) and the definition of Quiet Hours in § 95C.02 of the Indio Municipal Code, on each day of a Festival Period Quiet Hours at an Eligible Property begin at the Festival Closing Time, and until the Festival Closing Time the sound limit applicable to a Festival Period Event, measured at the property line of any Receiving Residential Property under the protocol of § 95C.03A(C) of the Indio Municipal Code, is the greater of (a) the daytime limits established by § 95C.03A(B) of the Indio Municipal Code and (b) the ambient level at that location during Festival Hours with the Festival Period Event not in progress, measured under § 95C.03A(C) or recorded by the Monitoring System or Monitoring Device during Festival Hours on the preceding day, plus [five (5)] dBA. After the Festival Closing Time, the Quiet Hours limits of § 95C.03A(B) apply without modification. The plainly audible standard of § 4.28.06(C)(1) does not apply during Festival Hours to a Festival Period Event that complies with this paragraph. For an Interior Property, the Quiet Hours established by this paragraph are the Quiet Hours for purposes of § 4.28.13(E) and (F) during the Festival Period.
(3) Event attendance. Notwithstanding § 4.28.04(B) and § 4.28.12(F)(2), the maximum attendance at a Festival Period Event is the attendance authorized by the Permit, or stated in a Temporary Use Permit under
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 350 of 373 Festivals Amendment — draft ordinance text Attorney-Client Privilege · Confidential City of Indio · Office of the City Attorney · Page 6 of 12 subsection (D)(3), multiplied by one and one-half (1.5) on the Property at any one time and not to exceed the occupant load established by the Fire Chief for the Property under the Public Safety Plan. Transient occupants of the Property are counted toward attendance. (4) Short-term rental occupancy. Notwithstanding § 37.012(B)(1) of the Indio Municipal Code, during a Festival Period the maximum overnight occupancy of an Eligible Property that holds a valid short-term rental permit is two (2) times the maximum overnight occupancy otherwise permitted for the Property under that section, not to exceed the occupant load established by the Fire Chief under the Public Safety Plan, and on a day on which a Festival Period Event is conducted on the Property the limits of this Section apply in place of the daytime occupancy and Ordinary Daytime Gathering limits of § 37.012(B)(2). Children under five (5) years of age are not counted. The short-term rental permit, the rental agreement, and the informational form required by § 37.012 shall state the Festival Period occupancy and shall disclose each scheduled Festival Period Event to the transient occupants.
(5) Entertainment. Live or recorded music, dancing, and other entertainment conducted as part of a Festival Period Event in compliance with this Section is permitted as part of the residential use of the Property, as provided in Table Note 5 to Table 2.02.02-1, and § 4.27.04(B)(6) does not apply to a Festival Period Event. (G) Standards that apply in addition during a Festival Period. Each Festival Period Event is subject to the following, in addition to the standards of this Chapter not displaced by subsection (F), the conditions of the Permit, and, for an Interior Property, § 4.28.13:
(1) Sound monitoring. (a) Interior Properties. The permittee of an Interior Property shall operate a Monitoring Device with a Live Uplink in compliance with § 4.28.13(D) during every Festival Period Event, and the alert thresholds of § 4.28.13(D)(4) are measured against the limit applicable under subsection (F)(2).
During a Festival Period the Monitoring Device of an Interior Property shall be permanently installed and shall operate continuously from the first day of the Festival Period through its last day, so that the ambient level under subsection (F)(2)(b) is recorded. A data gap or tampering is a violation as § 4.28.13(D)(6) provides, and amplified sound shall cease until logging and the Live Uplink are restored. (b) Arterial Frontage Properties. A Monitoring System is not required of an Arterial Frontage Property unless the review authority, in the Permit or a modification of it, or the Director under § 4.28.12(H), requires one as a condition, in which case §
4.28.13(D) applies to its operation. In the absence of a Monitoring System, compliance with subsection (F)(2) is determined by measurement under § 95C.03A(C) of the Indio Municipal Code, and the permittee may offer measurements by a qualified person under that protocol. (2) Consolidated Festival Period notice. (a) Interior Properties. Not less than fourteen (14) days before the first day of each Festival Period, the permittee of an Interior Property shall mail to the owner and occupant of every property within five hundred (500) feet of the Property a single written notice stating the dates of the Festival Period and the Festival Hours; the date, hours, and maximum attendance of every Festival Period Event scheduled on the Property; the Festival Period occupancy of the Property under subsection (F)(4); the name and twenty-four (24) hour telephone number of the event contact; the telephone number of the City's noise complaint line; the Shuttle and Remote Staging Location arrangements required by § 4.28.13(E); and a statement that the Property is subject to continuous sound monitoring, and shall file a copy of the notice and the mailing list with the Director on the date of mailing. A Festival Period Event not listed in the notice shall not be conducted unless a supplemental notice is mailed and filed not less than [five (5)] days before the event. (b) Arterial Frontage Properties. The consolidated notice is not required of an Arterial Frontage Property; any pre-event notice to neighboring properties is as stated in the conditions of its Permit. The permittee shall deliver to the Director, not less than [seven (7)] days before the first day of each Festival Period, the schedule of Festival Period Events on the Property and the name and twenty-four (24) hour telephone number of the event contact, which the Director shall post on the City's website.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 351 of 373 Festivals Amendment — draft ordinance text Attorney-Client Privilege · Confidential City of Indio · Office of the City Attorney · Page 7 of 12 (3) Parking and transportation. No attendee or vendor vehicle shall be parked on any public or private street.
For an Interior Property, § 4.28.13(E) applies to every Festival Period Event regardless of attendance, and the Remote Staging Location approved under § 4.28.13(E)(3) is the off-site location for purposes of the Base Traffic-Management Plan. For an Arterial Frontage Property, the permittee shall provide shuttle or valet service from the off-site location approved in the Base Traffic-Management Plan for every Festival Period Event with attendance of more than 100 persons. Attendee arrival and departure shall conform to the Base Traffic-Management Plan, the Festival Traffic Plan, and the Festival Period Operational Approval. (4) On-site responsible person. The permittee, or a manager designated in writing by the permittee who has authority to end the event, shall be present on the Property throughout each Festival Period Event, and the event contact required by § 4.28.06(G) shall be that person or shall be able to reach that person immediately. (5) Attendance count. The permittee shall maintain a count of all persons present on the Property at any one time during each Festival Period Event, including transient occupants, and shall produce the count to an enforcement official on request.
(6) Signage and lighting. No sign, banner, projection, or lighting visible from outside the Property shall advertise the event, the Property as a venue, or any Major Music Festival Event; directional signs for shuttle or valet service approved in the Public Safety Plan are permitted. (7) Security. The security and crowd-management plan approved under § 4.28.06(F)(2) shall be supplemented for Festival Period Events as the Public Safety Plan provides, and the public-safety personnel required by the Chief under subsection (E) shall be present at the permittee's expense. (8) Arterial protection. No event-related vehicle shall queue, stage, stop, stand, load, unload, or park on any open segment of Avenue 50 or of any other Arterial or Secondary Highway, and the permittee shall contain all event-related queuing on the Property or on the route approved in the Base Traffic-Management Plan.
The permittee shall comply with every closure, restriction, and routing in the Festival Traffic Plan, shall direct no event-related traffic to a street or intersection that plan closes or restricts, and shall schedule and manage arrivals and departures so that event-related traffic does not enter an Arterial or Secondary Highway at the same time as the principal ingress or egress of the Major Music Festival Event, as the Chief determines under subsection (E)(2).
(9) Residential street and gated-community protection. No event-related vehicle shall park on any Local/Neighborhood Street within 1,000 feet of the Property or on any Gated Community Street. The permittee is responsible for the management of event-related traffic from its entry into the Festival Neighborhoods Area until its exit, before, during, and after each event, including traffic attendants, signage, and shuttle and rideshare operations at the locations the Chief approves, and shall not confine traffic management to the Property. For an Interior Property, § 4.28.13(E)(4) applies in addition. Nothing in this paragraph regulates the use of a Gated Community Street by its owners or residents. (10) Concurrent events. Where Festival Period Events are scheduled on the same day on two or more Properties within 1,000 feet of one another, each permittee shall comply with the start and end times and the arrival and departure windows set for its Property in the Festival Period Operational Approvals. (H) Loss of eligibility; suspension.
(1) Interior Properties. An Interior Property that is not operating under a Deemed Approved Permit that enters Enhanced Enforcement Status under Chapter 95C of the Indio Municipal Code at any time ceases to be an Eligible Property for the remainder of the current Festival Period and for the next Festival Period, and the authorization under subsection (D) and the occupancy under subsection (F)(4) are suspended for that time by operation of this Section, without further action by the City.
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 352 of 373 Festivals Amendment — draft ordinance text Attorney-Client Privilege · Confidential City of Indio · Office of the City Attorney · Page 8 of 12 (2) Arterial Frontage/Deemed Approved Properties. The entry of an Arterial Frontage or Deemed Approved Permit Property into Enhanced Enforcement Status does not suspend its eligibility by operation of this Section. It is a ground on which the Director may, by written notice served on the permittee and effective on service, suspend the authorization under subsection (D) and the occupancy under subsection (F)(4) for the remainder of the current Festival Period, subject to the expedited appeal provided by § 4.28.08(K), considering the circumstances of the violations, the permittee's response, and any monitoring data. (3) Suspension for violation. Upon a substantiated violation of this Section, of § 4.28.13, of a condition imposed under subsection (E), or of the Permit during a Festival Period Event, the Director or the Chief may suspend the remaining Festival Period Events for that Festival Period by written notice effective on service, subject to the expedited appeal provided by § 4.28.08(K). (4) Permit action. Two or more substantiated violations during Festival Period Events within any period of [twenty-four (24)] months are grounds for modification, suspension, or revocation of the Permit under §
4.28.08, under § 4.28.12(K) for a Deemed Approved Permit, or under § 6.04.05 for a Temporary Use Permit. (5) Deemed Approved Properties. A loss of eligibility or a suspension under paragraphs (1) through (3) is a loss of the authorization conferred by this Section and not a suspension, modification, or revocation of the Deemed Approved Permit, and applies to a Deemed Approved Property notwithstanding § 4.28.12(K)(3).
Nothing in this subsection makes a noise violation a ground for action against a Deemed Approved Permit except as § 4.28.12(K) provides.
(I) Cost recovery. The permittee shall pay the fees established by resolution of the City Council for review of the Master Festival Event Application and each Festival Period Operational Review, for City verification of the Monitoring System or Monitoring Device, and for the public-safety personnel required by the Chief under subsection (E), consistent with General Plan Policy SE-1.9. (J) Reporting and review. The annual report required by Section 6 of Ordinance No. 1851 shall report separately on each Festival Period, including, for each Eligible Property, its classification as an Interior Property or an Arterial Frontage Property, the events authorized and conducted, the occupancy permitted under subsection (F)(4), a summary of monitoring data including the ambient levels recorded during Festival Hours, the complaints received, the enforcement actions taken, and the public-safety personnel deployed and their cost; the recommendations of the Chief and the Director whether the standards of this Section, the boundaries of the Festival Neighborhoods Area, or the distinction between Interior Properties and Arterial Frontage Properties should be modified; and a report by the Public Works Director on recurring event-related traffic and safety impacts in the Festival Neighborhoods Area and on candidate roadway, intersection, signal, and pedestrian improvements to address them, with an estimate of cost and a recommendation on funding. [Optional sunset: This Section shall remain in effect through the last Festival Period of [2029] and shall thereafter have no further force or effect unless extended by ordinance after consideration of the annual reports.]
(K) Relationship to other provisions. This Section does not authorize any lodging use other than transient occupancy under Chapter 37 of the Indio Municipal Code, any commercial assembly, event-venue, or Community Assembly use, or any Regulated Residential Event on a Property with a Net Lot Area of less than one (1) acre; does not modify the Major Music Festival Overlay Zone; and does not limit the authority of any enforcement official under Chapter 95C or Chapter 12 of the Indio Municipal Code. Sections 4.28.12 and
4.28.13 apply to a Festival Period Event as those Sections provide, and § 4.28.13 controls where it is more restrictive than this Section except as subsection (F)(2) provides for Quiet Hours. Except as expressly provided in subsection (F), in the event of a conflict between this Section and any other provision of this Chapter, the more restrictive provision applies.
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The amendment also includes the following conforming amendments.
Amendment of § 4.28.02 (Definitions). Section 4.28.02 is amended by adding, in alphabetical order:
"ARTERIAL FRONTAGE PROPERTY. Has the meaning given in § 4.28.11(B)(8)." "BASE TRAFFIC-MANAGEMENT PLAN. Has the meaning given in § 4.28.11(E)(1)." "ELIGIBLE PROPERTY. Has the meaning given in §
4.28.11(B)(6)." "FESTIVAL CLOSING TIME. Has the meaning given in § 4.28.11(B)(3)." "FESTIVAL HOURS. Has the meaning given in § 4.28.11(B)(3)." "FESTIVAL NEIGHBORHOODS AREA. Has the meaning given in §
4.28.11(B)(4)." "FESTIVAL PERIOD. Has the meaning given in § 4.28.11(B)(2)." "FESTIVAL PERIOD EVENT. Has the meaning given in § 4.28.11(B)(5)." "FESTIVAL PERIOD OPERATIONAL APPROVAL. Has the meaning given in § 4.28.11(E)(2)." "FESTIVAL TRAFFIC PLAN. Has the meaning given in § 4.28.11(B)(11)." "GATED COMMUNITY STREET. Has the meaning given in § 4.28.11(B)(12)." "MAJOR MUSIC FESTIVAL EVENT. Has the meaning given in Article 7 (Definitions)." "MASTER FESTIVAL EVENT APPROVAL. Has the meaning given in § 4.28.11(E)(1)." "MONITORING SYSTEM. Has the meaning given in § 4.28.11(B)(9)." "PUBLIC SAFETY PLAN. Has the meaning given in § 4.28.11(E)(1)." The definition of "Interior Property" added to § 4.28.02 by the Interior Properties Amendment is not changed by this amendment.
Amendment of § 4.27.04(B)(9). Paragraph 9 of § 4.27.04(B), as added by Ordinance No. 1851, is amended by adding at the end: "During a Festival Period, a Temporary Use Permit may be issued for a Festival Period Event as provided in § 4.28.11(D)(3)."
Amendment of § 4.28.03(A)(2) and § 4.28.10(C). Section 4.28.03(A)(2) and the introductory text of §
4.28.10(C) are each amended by adding at the end: "except as provided in § 4.28.11(D)(3)." Amendment of § 4.28.04(B). Section 4.28.04(B) is amended by adding at the end: "Attendance authorized by an Administrative Use Permit, Conditional Use Permit, or Deemed Approved Permit may be supplemented during a Festival Period as provided in § 4.28.11(F)(3), and Festival Period Events are not counted toward any limit on the number of events established by the permit." Amendment of § 4.28.05(A)(3)(h) and § 4.28.06(D) (citywide base plan). Section 4.28.05(A)(3)(h) is amended by inserting, after "as the default basis for estimating demand": ", and addressing designated shuttle routes, staging areas, and loading locations; designated off-site parking and the transportation between it and the Property; designated rideshare pickup and drop-off locations; pedestrian routes; traffic attendants; ingress and egress measures that contain queuing on the Property; and the management of attendee traffic before and after each event". Section 4.28.06(D) is amended by adding a new paragraph (4): "(4) No event-related vehicle shall be parked on any Gated Community Street, as defined in § 4.28.11, and no event-related vehicle shall queue, stage, stop, or stand on any Arterial or Secondary Highway." [Drafting note. This amendment makes the Chief's base plan the citywide standard, with § 4.28.11 adding only the festival layer. It is a substantial revision not considered by the Planning Commission and must travel with the companion ordinance under § 6.06.01(G)(2).]
Amendment of § 4.28.05(D)(1). Section 4.28.05(D)(1) is amended by adding a new subparagraph (j): "(j) For a Property within the Festival Neighborhoods Area, the Master Festival Event Approval, Festival Period Operational Approval, Base Traffic-Management Plan, standards, and monitoring required by § 4.28.11." Amendment of § 4.28.06(B) and (C). Section 4.28.06(B)(1) and § 4.28.06(C)(1) are each amended by adding at the end: "except as provided in § 4.28.11(F) during a Festival Period." Amendment of § 4.28.08(F). Section 4.28.08(F) is amended by adding a new paragraph, numbered to follow the paragraph added by the Interior Properties Amendment: "(19) A violation of § 4.28.11, of a Master Festival Event Approval or Festival Period Operational Approval, or of a condition imposed by the Chief of Police under § 4.28.11(E), during a Festival Period Event."
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 354 of 373 Festivals Amendment — draft ordinance text Attorney-Client Privilege · Confidential City of Indio · Office of the City Attorney · Page 10 of 12 Amendment of § 4.28.12(G). Section 4.28.12(G), as added by the Deemed Approved Amendment, is amended by adding a new paragraph, numbered to follow the paragraph added by the Interior Properties Amendment: "(11) Festival Period Events. For a Deemed Approved Property within the Festival Neighborhoods Area, the standards, approvals, and limits of § 4.28.11, as that Section provides, during each Festival Period." The amendment of § 4.28.11(B)(6) set out in the Deemed Approved Amendment is superseded by this document and should be deleted from that document.
Amendment of § 4.28.13(F)(1). Section 4.28.13(F)(1), as added by the Interior Properties Amendment, is amended by adding at the end: "During a Festival Period, Quiet Hours for purposes of this subsection and subsection (E) at an Eligible Property are the Quiet Hours established by § 4.28.11(F)(2)." The amendments of § 4.28.11(B)(6), (B)(7), (G)(1), and (G)(3) set out in the Interior Properties Amendment are superseded by this document and should be deleted from that document.
Amendment of IMC § 37.012(B) and § 37.015(M). Section 37.012(B) of the Indio Municipal Code is amended by adding a new paragraph (5): "(5) Festival Period occupancy. During a Festival Period, as defined in Section
4.28.11 of the Unified Development Code, the overnight occupancy of an Eligible Property, as defined in that Section, is two (2) times the occupancy otherwise permitted under paragraph (1), not to exceed the occupant load established by the Fire Chief, and the daytime occupancy and Ordinary Daytime Gathering limits of this subsection apply as modified by that Section. The short-term rental permit, the rental agreement, and the informational form shall state the Festival Period occupancy." Section 37.015(M) of the Indio Municipal Code is amended by inserting, after "Section 4.28.10 of that Code,": "or a Festival Period Event conducted in compliance with Section 4.28.11 of that Code,".
Amendment of IMC § 95C.02 and § 95C.03A(B). The definition of "Quiet Hours" in § 95C.02 of the Indio Municipal Code and § 95C.03A(B) of that Code are each amended by adding at the end: "except as provided in Section 4.28.11(F)(2) of the Unified Development Code for an Eligible Property during a Festival Period." Amendment of Section 6 of Ordinance No. 1851 (Annual Implementation Report). Section 6 of Ordinance No. 1851 is amended by inserting, after "by tier;": "a separate report on each Festival Period under §
4.28.11(J), including the report of the Public Works Director required by that subsection;".
Amendment of the table of contents of Chapter 4.28. The table of contents of Chapter 4.28 is amended by adding: "4.28.11. Festival Period Event and Occupancy Standards (Festival Neighborhoods Area)." Part 3. Legislative findings for the Festivals Amendment General Plan consistency (UDC § 6.06.01(I)(1); Gov. Code § 65860). The City Council incorporates the findings of Section 1 of Ordinance No. 1851 and further finds that § 4.28.11 implements the direction of the Land Use and Urban Design Element that the Southern Neighborhoods subarea "[a]llow for uses that can benefit and create synergies with activities and events in the Festival District" and that the Festival District be surrounded with "hospitality and visitor-serving facilities and resort-oriented housing" (General Plan pp. 3-47, 3-48), and the direction to permit resort and hospitality uses within neighborhood place types consistent with their character (Policies LU-8.1, LU-8.2), by authorizing, for a time-limited period keyed to each Major Music Festival Event and only on Properties already permitted under this Chapter, Regulated Residential Events and transient occupancy at the intensity the area is designed to support; that § 4.28.11(F)(2) is a permitted variance of the kind Noise Element Policy NE-1.5 contemplates for special events, limited to Festival Hours during which the acoustic environment of the area is dominated by sound generated at the Festival grounds under the City's approvals, and implements Policies NE-3.1 and NE-3.3 and Table 11-2, Programs 1 and 5, through the monitoring and measurement requirements of § 4.28.11(G)(1) and §
4.28.13(D); that the public-safety review by the Chief of Police under § 4.28.11(E), the arterial-protection and residential-street standards of § 4.28.11(G)(8) and (9), and the cost recovery under § 4.28.11(I) implement Safety Element Policies SE-1.9, SE-2.5, and SE-3.8 and the street hierarchy of the Mobility Element; and that §
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4.28.11 preserves neighborhood stability as the General Plan directs (p. 3-47; Policies LU-1.1, LU-6.5, LU-6.7) by confining its standards to Eligible Properties in good standing, requiring consolidated neighbor notice and continuous monitoring for Interior Properties, and suspending eligibility on entry into Enhanced Enforcement Status.
Rational basis for the Festival Neighborhoods Area and the Interior Property classification. The City Council finds that the Southern Neighborhoods and Festival District subareas are the area of the City most directly affected by, and most directly able to support, Major Music Festival Events, and that applying § 4.28.11 uniformly to every residentially zoned Property within those subareas, as the General Plan draws them, is an objective classification reasonably related to those conditions; that the distinction between Interior Properties, reached by five hundred (500) feet or more of Residential Street, and Arterial Frontage Properties is the classification adopted in § 4.28.13 on the findings stated for that Section, and that requiring continuous monitoring, consolidated notice, and automatic loss of eligibility of Interior Properties, while making those measures available as conditions for Arterial Frontage Properties, is reasonably related to the difference in impacts on residents along the access route; 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 noise monitoring of permitted events in September and October 2025, and the operational review of the Chief of Police, documents those conditions.
Internal consistency (UDC § 6.06.01(I)(2)); zone boundaries (§ 6.06.01(I)(3)). Section 4.28.11 is placed in Chapter 4.28 following § 4.28.10 and preceding §§ 4.28.12 and 4.28.13, uses the permit, condition, suspension, revocation, immediate-action, and appeal procedures of §§ 4.28.05, 4.28.06, 4.28.08, 4.28.12, and 4.28.13 and of Chapter 12 of the Indio Municipal Code, and is made consistent with §§ 4.28.02, 4.28.03,
4.28.04, 4.28.05, 4.28.06, 4.28.08, 4.28.10, 4.28.12, and 4.28.13, § 4.27.04(B)(9), and Chapters 37 and 95C of the Indio Municipal Code by the conforming amendments adopted with it. The amendment does not modify the Major Music Festival Overlay Zone and changes no zone boundary.
California Environmental Quality Act. On each of the following independent and alternative grounds, the adoption of § 4.28.11 is not subject to, or is exempt from, CEQA: (A) it is not a project under Public Resources Code § 21065 and Guidelines § 15378, because it establishes time-limited operating standards and a publicsafety review for an accessory use already regulated by Chapter 4.28 on Properties already permitted under it, approves no event at any location, and commits the City to no course of action with respect to any specific Property, and each Permit under which a Festival Period Event may be conducted is or was subject to its own review under CEQA (Guidelines § 15060(c)(2)–(3)); (B) it is exempt under Guidelines § 15061(b)(3), because, measured against the existing-conditions baseline, under which residential events were authorized by Temporary Use Permit without attendance limits, hour limits, or numeric noise standards, permitted outdoor gatherings were wholly exempt from the Noise Control Ordinance (IMC § 95C.09(C)), and short-term rentals could host forty-person gatherings without a permit, and taking into account that the City's monitoring of permitted events of 150 to 200 attendees at the largest event property in the City during the 2025 festival season found receiving residences within the "acceptable" or "conditionally acceptable" ranges of Table 11-1 of the Noise Element without the limits this Section imposes, the attendance ceilings, Festival-Hours sound limits, continuous monitoring, public-safety review, and traffic standards of § 4.28.11 can only maintain or reduce the frequency, intensity, and impacts of such events, and it can be seen with certainty that there is no possibility of a significant effect on the environment; and (C) it is categorically exempt under Guidelines §§ 15307 and 15308 as an action by a regulatory agency, authorized by state and local law, to assure the maintenance and protection of the environment, which involves no construction and imposes standards that do not exist under current law, and no exception under Guidelines § 15300.2 applies, the Section applying uniformly to every Eligible Property within the Festival Neighborhoods Area and the cumulative impacts of concurrent events being addressed by the staggering, routing, and declination authority of § 4.28.11(E)(2) and (G)(10). The Council has considered the comments asserting that the ordinances adopting and amending
Continued Hearing from 10/7/2026 CC Meeting: Public Hearing to Consider ... Page 356 of 373 Festivals Amendment — draft ordinance text Attorney-Client Privilege · Confidential City of Indio · Office of the City Attorney · Page 12 of 12 Chapter 4.28 will increase noise, traffic, and wastewater impacts and finds, as it found in Section 7 of Ordinance No. 1851, that they describe potential impacts of future events conducted under permits, each of which remains subject to the operating standards and enforcement provisions of this Chapter as modified for Festival Periods by § 4.28.11.
Drafting note. Of the three companion amendments, this is the one whose CEQA findings deserve the closest attention, because § 4.28.11(F) relaxes the hours, sound, attendance, and occupancy standards of Ordinances 1851 through 1853 for a defined period. The findings above are framed against the pre-ordinance existingconditions baseline rather than against Chapter 4.28 as adopted, and they rely on the 2025 monitoring data recited in Section 7(B) of Ordinance No. 1851. Confirm that the baseline framing is the one you want to defend.
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O F F I C E O F T H E C I T Y A T T O R N E Y
City of Indio
Steven G. Pacifico, City Attorney · (909) 230-4209 · [email protected] D R A F T A M E N D M E N T · C O M P A N I O N T O U D C C H A P T E R 4 . 2 8 · I N T E R I O R P R O P E R T I E S Interior Properties Amendment
Proposed UDC § 4.28.13 (Interior Properties; Additional Operating Standards) New UDC § 4.28.13
4.28.13. Interior Properties; Additional Operating Standards. (A) Purpose and findings. The City Council finds that a Regulated Residential Event on a Property that is reached only by traveling a substantial distance along a residential street generates impacts that an event on a Property with direct access to an Arterial or Secondary Highway does not: every attendee vehicle, rideshare, vendor truck, delivery, and load-out passes the dwellings of residents who are not attending the event; the General Plan Mobility Element classifies Local/Neighborhood Streets and Collectors to serve the residences along them rather than through or event traffic; and the record before the Council documents those impacts on the residential streets that provide the sole access to some event properties. The Council further finds that noise from such events is most reliably controlled by continuous objective measurement available to the Police Department while the event is in progress rather than by measurement after a complaint; that attendee traffic on the access route is eliminated only by requiring attendees to arrive and depart by shuttle from a location outside the residential street network; and that the deliveries, loading, backing of commercial vehicles, and dismantling that accompany an event are, during Quiet Hours, a source of disturbance to neighboring residences independent of the event itself. This Section implements General Plan Policies LU-1.1, LU-6.5, and LU-6.7, Noise Element Policies NE-1.1, NE-3.1, and NE-3.3, and Safety Element Policies SE-2.5 and SE-3.8 by imposing additional operating standards on Interior Properties. It authorizes no use, relaxes no standard of this Chapter or of Chapter 37 or Chapter 95C of the Indio Municipal Code, and regulates the conduct of the permittee and not the use of any street by its residents or the public. (B) Definitions. For purposes of this Section:
(1) "Covered Permit" means an Administrative Use Permit or Conditional Use Permit issued under this Chapter, a Deemed Approved Permit issued under § 4.28.12, or a Temporary Use Permit issued under §
4.28.10(B) or (C) or § 4.28.11(D)(3), for an Interior Property. "Covered Event" means a Regulated Residential Event conducted under a Covered Permit. Drafting note. The bracketed clause extends the Section to transitional and festival-period Temporary Use Permits. (2) "Residential Street" means (a) any public street that the Mobility Element of the General Plan (Table 4-2; Figure 4-3), as amended, classifies as a Local/Neighborhood Street or a Collector, or that it does not classify as an Arterial or as a Secondary Highway with four or more travel lanes; and (b) any private street, including a Gated Community Street as defined in § 4.28.11, that provides vehicular access to one or more lots in a residential zone. A driveway, an alley, and a frontage road that is part of an Arterial right-of-way are not Residential Streets.
(3) "Access Route" means the vehicular route from the nearest point on an Arterial or Secondary Highway with four or more travel lanes to the driveway or other vehicular entrance of the Property that event traffic uses or is available to use. Where the approved parking and transportation plan for the Property designates a route for event traffic, that route is the Access Route; otherwise the Access Route is the lawful route of shortest length to any vehicular entrance of the Property.