Planning Commission - Regular Meeting

Good evening, everyone. We'd like to call the Planning Commission meeting to order at six o'clock.

We could please have roll call. Commissioner Slater.

Present.

Commissioner Scarborough-Eckel. Present. Commissioner Santos. Present. Vice Chairperson Ortiz.

Present.

Chairperson Frans. Present.

Thank you. And if we would all stand for the Pledge of Allegiance, please. And Vice Chair Ortiz will lead us.

Yes, if you guys can follow me.

Thank you. We'll go ahead and move on to item number three, public comment for items not on the agenda. Do we have any? I have none. None, not even online? No. Okay, excellent. Hearing none, we'll go ahead and close the public comment and move on to item number four, minutes from the June 24th meeting.

I'll make a motion to dispense the formal readings of the June 24th, 2026 minutes as is with minor corrections as needed. I second.

Okay, seeing the first and the second, can we please have roll call? We'll do roll call today. Commissioner Slater?

Aye.

Commissioner Scarborough-Eckel? Aye. Commissioner Santos?

Aye.

Vice Chairperson Ortiz?

Aye.

Chairperson Frans? Aye. Motion carries, thank you.

Thank you. Okay, we'll go ahead and move on to public hearing items. Item number 5.1, a QuinCAT. If we can have a staff report, please.

Absolutely. Good evening, everyone. I'm going to be presenting the QuinCAT master sign plan case file plan dash PRD dash 26 dash 0026. The project is located north of India Boulevard at the intersection of Jefferson and India Boulevard south of the interstate 10. There we go. ADJUSTED SOME BACKGROUND ON JULY 10, 2024, THE PLANNING COMMISSION CONDITIONALLY APPROVED THE PLANNING REVIEW CONDITIONAL USE PERMIT INTENTIVE PARCEL MAP CASE NUMBER 23-03-25 FOR THE INDIO GATEWAY PROJECT, WHICH WAS APPROVED THROUGH RESOLUTION NUMBER 2094 AND 2085. ON SEPTEMBER 24, 2025, THE PLANNING COMMISSION CONDITIONALLY APPROVED THE REQUEST TO MODIFY THE CONDITIONS OF APPROVAL THROUGH RESOLUTION NUMBER THE PROJECT WAS ADDED TO EACH RESOLUTION FOR THE PROJECT TO ADDED TO EACH RESOLUTION FOR THE PROJECT TO COME BACK TO THE PLANNING COME BACK TO THE PLANNING COMMISSION. COMMISSION. THIS IS NOT THAT ITEM. THIS IS NOT THAT ITEM. IT WILL COME BACK SOMETIME ON OR IT WILL COME BACK SOMETIME ON OR BEFORE SEPTEMBER 24, 2027. BEFORE SEPTEMBER 24, 2027. THIS IS JUST THE REVIEW FOR THE And then to continue on the landscape plan was reviewed and approved by staff on February 17, 2026. And the previous entitlements did not include signage. While there is a sign on the previously approved building elevations, the signs were not included on that approval. And then this is just an example of what was approved as part of the landscape plan case number ENG-PC-25-0111. This master sign plan request to increase the maximum number of building mounted signs from one per tenant to one per building elevation. This request also increases or would increase the maximum allowable building mounted signage from 200 square feet to 400 square feet. And then this also requests to increase the maximum number of freestanding signs from two to a total of three freestanding signs. Sorry. technical difficulties, I apologize. On screen, you'll see the building elevations with the proposed signage. And then this is just the signage that was proposed as part of the sign plan. We did review the sign signage proposed it does comply with the proposed master sign plan. Now on screen you'll see the four proposed primary ID signs. These signs also comply with the proposed master sign plan. Last exhibit is the building mounted directional signs and addressing sign. The signage also complies with the master sign plan. For some staff analysis, the project is consistent with the India General Plan 2040 and the Unified Development Code, and is subject to Planning Commission recommendation of approval and conditions of approval. The project integrates design standards outlined in section 3.05.06 of the Unified, development code for sign design standards, which is intended to provide flexibility for signage and encouraged sign design creativity. While the number of signs permitted in the light industrial zone is exceeded, the Planning Commission has the discretion to approve the master sign plans that deviate from the city standards, so long as they are consistent with the outline section 3.05.06. Staff also has found that the project is categorically exempt from environmental review pursuant to section 15311 of the California Environmental Quality Act or CEQA, which covers accessory structures. The staff recommendation is to approve resolution number 2146, which would conditionally approve the planning review discretionary number plan-PRD-26-0026 as modified and find that the project is categorically exempt from CEQA pursuant to section 15311. And that concludes my presentation.

Thank you. Do we have any questions of staff at this point? Anybody?

I do.

Can you go back to where it showed the picture of all the different signs?

Yes, the building-mounted ones?

No, the next, well, maybe, yeah, it doesn't really matter. Go to the one where it talks about how many signs, like one per tenant, one per building? Yes. Okay. So I know that QuinCAT is probably going to be the biggest tenant in this building. Yes. Okay. So based on that, the signage looks, I think, good. But what happens if tenant subleases to five other companies, and now we have one per tenant to one per building, So are they going to be able to have five tenant signs on that building? No. That's what I'm worried about.

So as part of the sign plan, there was a maximum limit established for the number of signage. So while they could... the signage to have other tenants, they would still be limited to a maximum of 400 square feet. And then the conditions of approval set a maximum of one sign per building elevation. So they would have to just integrate it into one bigger sign.

Okay. So it could be one sign with QuinCAT and then another tenant and another tenant and another tenant, but it's not like six different signs all over the buildings.

Correct.

Wanted to clarify. Okay. Any other questions? Yes.

Just a question that, thank you for your presentation. If that would be the case for like one big sign, will they have to come back to Planning Commission or they just let you guys know that's how this is gonna look like or do they even have to do that or how is the approval process if that will be the case?

Any future signage would be reviewed to this master sign plan, but any request to modify the master sign plan would come back to the Planning Commission. So as long as it's compliant with the plan, they're good to go.

Okay, we'll go ahead. This being a public hearing item, we'll open up the public hearing. Do we have any requests to speak on this item? Please come up, sir.

I'm Vice President of Quinn Company. And to your point, Quinn Company's been in business for 107 years, fourth generation. I've worked for the company for 37 years and we don't sublease to anybody. They're all very purposeful buildings to support the industries that we support, you know, construction, material handling, rental equipment. And so we take our signage very, personal the ownership does so does caterpillar and There's a huge process for us to even go through with caterpillar to get these signs approved And I'm looking forward to your approvals and so we could it's a beautiful building We've been operating in Indio now for decades On another lease site that we develop, but we're really looking forward into moving into our new home here at that wonderful intersection of Indio and Jefferson Boulevard, so I can tell you, fourth generation, the owner has four boys, there'll be no subleasing of that site, it'll be generational, it'll be in the family for another 50, 60, 70, 80, 100 years, who knows.

Wonderful, thank you.

Any other questions I could answer?

Nope, any idea when you're gonna be moving into the building?

Yeah, we're looking for November, maybe September, kind of stretching it out a little bit because we really want to be in a September, but anything can happen, right? So I want to make sure that we are going to be in there this year. Absolutely.

Excellent. Thank you. We're looking forward to it.

Okay.

Any other requests to speak? I have none. Okay, seeing none, we'll go ahead and close the public hearing on this item. Do we have any questions for staff or deliberations? Staff, go ahead.

My question for staff would be, are we reviewing just specifically this Quincat site, or are we making suggestions to recommend changes to the master sign plan?

So the master sign plan is only for this site, for the QuinCAT site. Perfect. Okay. Thank you.

If I could just real quickly make a point, Commissioners.

So as you know, this site is going to have multiple building pads. This is only for QuinCAT this evening. So as the other buildings, as we hope, come in, they would have to meet the Unified Development Code. But this program is here tonight because they're asking for additional signs, additional sign area. But again, this is, I believe it's a four pad development. So they would need to meet the UDC for those future signs.

Thank you. Any other questions or do I have a motion?

I'll make a motion to approve as provided by staff. I'll second.

Okay, having a first and a second, can we have a vote please? Yes.

Commissioner Slater. Commissioner Scarborough-Eckel. Aye. Commissioner Santos.

Aye.

Vice Chairperson Ortiz. Chairperson Frans.

Aye.

Motion carries, thank you. Thank you.

Thank you. Okay, we will move on to item 5.2, public hearing regarding an ordinance adoption or change. If we could please have staff report.

Thank you chair, members of the commission. This is gonna be a three person presentation because there's been a lot of people that have worked on this, specifically our city attorney, Steven Pacifico. We also have our code enforcement manager, Jason Anderson here this evening as well. I wanted to start off by just introducing this item and giving a little bit of background. CURRENTLY IN THE CITY WE HAVE BEEN REGULATING EVENTS IN RESIDENTIAL ZONES USING A TEMPORARY USE PERMIT. WE DO QUITE A FEW OF THEM ESPECIALLY DURING FESTIVAL SEASONS. SO IN OUR TEMPORARY USE SECTION OF OUR CODE THESE ARE PERMITS THAT ARE DONE AT THE DIRECTOR LEVEL SO THAT WOULD BE MYSELF. THEY DON'T GO TO PUBLIC HEARINGS. CURRENTLY IN OUR CODE WE ALSO HAVE WE HAVE SOME STANDARDS BUT NOT A LOT. SPECIFICALLY IT DOES TALK ABOUT EVENTS BUT NOT LIMITED TO SPORTING ATHLETIC EVENTS, STREET FAIRS, SOCIAL EVENTS SUCH AS LARGE WEDDINGS, PICNICS, FIREWORK DISPLAYS, ET CETERA. SO WE USE THIS SECTION IN OUR CODE WHICH IS CHAPTER 6 FOR TEMPORARY USE PERMITS AND THEN SPECIFIC USES ARE LISTED IN CHAPTER 4. BUT TONIGHT WE'RE PROPOSING AN AMENDMENT TO THE UDC UNIFIED DEVELOPMENT CODE ADDING A NEW 4.28 in a moment We're going to describe that chapter that new chapter of the code, but essentially it's going to be delineate delineate new requirements it's going to be a better framework for when these events come into the city and as far as different parameters, different development standards, et cetera. And so the goal really is to present tonight this ordinance that we have been working on for a while as a team and to improve that are occurring specifically in residential zones. And we have five zones, I just wanted to emphasize that. So with that in mind, I would like to pass the presentation over to Jason Anderson to also give some additional background on how currently those events are enforced. So Jason Anderson.

THANK YOU. CHAIRPERSON, JASON ANDERSON, CHAIRPERSON, JASON ANDERSON, CODE ENFORCEMENT MANAGER AND I CODE ENFORCEMENT MANAGER AND I WOULD LIKE TO ON BEHALF OF CHIEF WOULD LIKE TO ON BEHALF OF CHIEF TOLLEY APOLOGIZE FOR HIS TOLLEY APOLOGIZE FOR HIS ABSENCE. ABSENCE. HE WANTED TO BE HERE TONIGHT HE WANTED TO BE HERE TONIGHT BUT HE HAS SCHEDULING BUT HE HAS SCHEDULING CONFLICTS SO YOU ARE STUCK WITH CONFLICTS SO YOU ARE STUCK WITH ME PRESENTING THIS ITEM. ME PRESENTING THIS ITEM. SO TONIGHT IS AN AMENDMENT TO SO TONIGHT IS AN AMENDMENT TO THE DEVELOPMENT CODE THAT THE DEVELOPMENT CODE THAT REGULATES LAND USE. REGULATES L and especially events at residential properties, they commingle with other sections of the code. So there's an underlaying of land use regulations, there is short-term rental regulations that go on top of that, and there's owner-occupied provisions of the code. And the challenge really comes down to is what gets applied when there's an event at a residential property, and that event becomes a public nuisance. I can tell you some real world examples. One of those is, If there's an event on a property, and let's say that event is a wedding and it's the people that live at the property, there's one set of regulations that apply. The city noise regulation and really no land use regulations. Let's take it a step further. I had a short-term rental, there's a separate set of noise regulations that apply and a separate set of regulations that apply to the operation of the short-term rental. And a third set is for these temporary use permits, these temporary events at residential properties, that's a third layer of regulations that apply. And there's some challenges with that. Under the current temporary use permit scheme, the remedy for violations of the permit is revocation. Now let's be practical about that. If there's loud music at a wedding and the wedding's at one o'clock in the morning, the remedy is revocation. But it's not immediate revocation, it's revocation after the fact. If there's a violation of the sound ordinance at a TUP, under the current scheme, the maximum fine is laid out in the municipal code of $100. So tonight we're going to present some areas of the zoning code that's designed to really tighten up the ability to enforce the regulations to sort of bridge the gap between the three competing ordinances and to come up with a scheme that allows the city and city staff to adequately regulate events that take place at short-term at residential properties.

THANK YOU, CHAIRPERSON, MEMBERS THANK YOU, CHAIRPERSON, MEMBERS OF THE COMMISSION, STEVEN OF THE COMMISSION, STEVEN GRAND PACIFICO. GRAND PACIFICO. I'M YOUR CITY ATTORNEY AND I'M I'M YOUR CITY ATTORNEY AND I'M HAPPY TO BE HERE TODAY TO HAPPY TO BE HERE TODAY TO PRESENT THIS ITEM. PRESENT THIS ITEM. WE'VE BEEN WORKING ON IT FOR WE'VE BEEN WORKING ON IT FOR QUITE SOME TIME HERE IN THE QUITE SOME TIME HERE IN THE CITY OF INDIO. I wanted to sort of follow up on the comments that you've heard from your director and from your code enforcement manager about why we're here, sort of give the context before we dive into the nitty gritty. I know there's approximately 87 pages of ordinance in front of you. You've had one weekend to look at them. We're probably going to get some really helpful testimony from the public. But what I wanted to make sure the commission was aware of is that the city has been very deliberate with its process in evaluating this particular issue. As the director mentioned, we have an existing regulatory process in place where temporary use permits are issued for these events that are occurring in residential zones. And that has worked up to a point, but there's also been some significant issues. The primary one, and I think you might hear about it tonight, is a feeling of a lack of transparency. Because these are being issued over the counter, there's not a public hearing, there aren't any SPECIFIC STANDARDS THAT ARE APPLICABLE TO THIS TYPE OF USE, APPLICABLE TO THIS TYPE OF USE, BOTH THE PUBLIC, THE BOTH THE PUBLIC, THE SURROUNDING RESIDENTS, AS WELL SURROUNDING RESIDENTS, AS WELL AS THE OPERATORS WHO ARE AS THE OPERATORS WHO ARE ATTEMPTING TO PUT ON THESE ATTEMPTING TO PUT ON THESE EVENTS, DON'T NECESSARILY HAVE EVENTS, DON'T NECESSARILY HAVE CLEAR EXPECTATIONS THAT ARE GIVEN CLEAR EXPECTATIONS THAT ARE GIVEN TO THEM BY THE CITY OF INDIA, TO THEM BY THE CITY OF INDIA, WHAT WE EXPECT AND WHAT WE CAN And so that was number one. So we did a lot of research. The County of Riverside had implemented a similar ordinance about a year and a half ago, regulating, they call them ranchitos. That was the way they were looking at it. We analyzed other communities throughout the state of California the city of Indio as a city of festivals is unique in that we have these large festival seasons that occur. And I think that's where a lot of these events sort of circle, but nevertheless, we were able to look at, okay, what are the ways that we can increase transparency, make sure that the expectations are known to both the operators and to the community, and then look at the enforcement side and make sure that we have the enforcement tools that are necessary to ensure that these don't become public nuisances for the community. And to that end, it was not just us sitting around a conference table talking, although there was a fair amount of that. We also did a lot of data gathering. So one of the things that we did recently was we actually hired a third party sound consultant. who went out and took multiple sound readings at these types of events, because that was the primary complaint we were getting at the time, was these are loud, they're keeping me up at night. And what we found when we studied it, and any scientist will tell you that when you observe something, it changes its behavior. So we don't know what it was like when we weren't watching, but we do know what it was like when it was being measured and observed. What we found was that the majority of the noise complaints were actually, the majority of the sources of noise that were generating the complaints were actually originating from the unincorporated county area outside of the city. um that doesn't mean that we didn't have events that were causing noise um or or were not in compliance with the city's rules we had some of those we found them and we've taken enforcement steps under our current process to address those one of those is a property that has a short-term rental permit that is currently in the revocation process So we already had one hearing on that. It's been continued. There'll be a follow-up hearing to finalize that in the near future. But we've worked with staff over the last year to gather that data, look at what the issues are, and then a lot of communication with code enforcement, especially during the last festival season. What were the issues that our residents and our staff were facing? that they didn't feel that they had the necessary tools to enforce the city's ordinances and what additional regulations would assist both the operators and the residents in continuing to live together here in the city of Indio. So that's the context we're in. That's obviously not the language of the ordinance. In terms of why you have three ordinances in front of you today, as the Planning Commission, you act as the planning agency for the city of Indio when it comes to land use matters. AND THAT MEANS THAT YOU GIVE A RECOMMENDATION AND ADVICE ON THAT MEANS THAT YOU GIVE A RECOMMENDATION AND ADVICE ON DRAFT ORDINANCES BEFORE THEY DRAFT ORDINANCES BEFORE THEY COME TO THE CITY COUNCIL. COME TO THE CITY COUNCIL. SO WE'RE NOT TALKING ABOUT A SO WE'RE NOT TALKING ABOUT A SPECIFIC PROPERTY TODAY. SPECIFIC PROPERTY TODAY. WE'RE NOT TALKING ABOUT A SPECIFIC WE'RE NOT TALKING ABOUT A SPECIFIC NEIGHBORHOOD TODAY. NEIGHBORHOOD TODAY. WE'RE TALKING ABOUT A CITYWIDE WE'RE TALKING ABOUT A CITYWIDE REGULATORY FRAMEWORK WHERE THE REGULATORY FRAMEWORK WHERE THE CITY COUNCIL IS LOOKING FOR YOUR CITY COUNCIL what I think would be most helpful is if we could identify those areas when you look at the ordinance, you talk with staff, you hear the community, where you think we need to dive a little bit deeper, maybe look at how is an ordinary residential gathering defined? Maybe we should make sure that we're protecting our residents who have family over. Maybe that's a concern you have. There may be other things that you want us to address. Tell us what those are after discussing amongst yourselves and listening to the community and listening to our presentation. We'll take note of that and we will propose, we'll make sure the council's aware of what your thoughts were as a commission and we'll propose solutions to those if they want to address those. Additionally, there's only one land use ordinance in front of you. That's the ordinance, the draft ordinance that is adding Chapter 4.28 to the Unified Development Code. That is the ordinance which under our code and under state law, you have the obligation to review and make a recommendation on. So why do I have two other ordinances in front of you? I have short-term rentals, which is a business regulatory ordinance that ordinarily is not in the subject matter jurisdiction of the planning commission. And I have the city's noise control, which is also a regulatory ordinance. I think as your code enforcement manager stated, the reason for that is because these are designed to operate together in tandem to create a comprehensive framework that addresses the concerns that we've heard from the community. and to ensure that our staff have the tools they need to address those concerns. So I'm actually gonna start with the two ordinances that are not land use. I'll start. the top which is the noise ordinance i'll move on to the revisions to short-term rentals and then we'll get into the the new ordinances that's okay i'll stop after each ordinance and ask for questions that way you don't have to remember all the way till the end if that's okay chairperson and we'll just sort of take it away so we start with noise the city already has a noise ordinance And what you have in front of you is for the most part, the existing noise ordinance of the city. We made some changes that do not relate to the issue at hand, but I'll still highlight them. because I think they are interesting. We've removed certain references to sound vehicles. And the reason for that is it's preempted under state law at this point. The city used to regulate sound vehicles and no longer does. The issue that we have been receiving on the noise side generally has been landscaping equipment. Personally, my neighbor starts doing their landscaping at seven o'clock on a Saturday, which I find to be inconvenient, but they find to be very convenient because they get done before it gets hot outside. And so this has been one of those areas where I think there's different schools of thought. We've attempted to address it. IN YOUR ORDINANCE. AND WE'VE ADDRESSED IT FROM AND WE'VE ADDRESSED IT FROM BOTH I THINK THE ORDINARY BOTH I THINK THE ORDINARY RESIDENTIAL POSITION ON POWER RESIDENTIAL POSITION ON POWER LANDSCAPING EQUIPMENT BUT ALSO LANDSCAPING EQUIPMENT BUT ALSO ON THE SORT OF INDUSTRIAL SIDE ON THE SORT OF INDUSTRIAL SIDE GOLF COURSES, SCHOOLS, THINGS GOLF COURSES, SCHOOLS, THINGS LIKE THAT. LIKE THAT. WE'VE EXPANDED IT. WE'VE EXPANDED IT. IT USED TO JUST BE LEAF BLOWERS that were prohibited under the noise ordinance. We've expanded it to all powered landscaping equipment, both gas powered and electric, weed eaters, lawn mowers, leaf blowers. When we had a workshop in front of the city council, one of the comments from the city council was, okay, but it gets really hot here in Indio. as evidenced today. And so we need to have some flexibility for people who work in this industry to start earlier on days when it's getting hotter, because it's frankly a work safety issue if we're forcing people to wait until 7 or 8 in the morning to get started. And so you'll see that there are changes on the time when you start based on daylight savings time. This is on page 117 of your packet, by the way, F2. AS WELL AS ANNUAL EARLY MORNING HEAT WAIVER PROCESS THAT MIRRORS OTHER EXISTING PROCESSES IN THE CITY. IF THERE IS A NEED FOR THAT, THERE IS A PATHWAY FOR PEOPLE TO FOLLOW. THE OTHER SIGNIFICANT CHANGE THAT RELATES TO THE CONVERSATION TODAY RELATES TO INCREASED FLEXIBILITY AND ENFORCEMENT TOOLS AVAILABLE TO CODE ENFORCEMENT. on the noise side. Under the current regulatory structure that we have, code enforcement typically is required to give a notice and warning to a property of a violation before they can proceed to enforcement. And what that means is we have properties that are operating as noise nuisances and it makes it really challenging for code enforcement to deal with that problem in the moment. If your neighbor is blasting amplified sound at one in the morning, I think we're all for due process, but I think most people expect that code enforcement would have the ability or the tools to address that issue that evening. And so one of the things that we've included is while a warning is required to be given or attempted to be given, because people can just close the door and say, I can't hear you, right? There is the ability for code enforcement to engage in enforcement activities, particularly administrative fines immediately that evening, if they're having difficulty with a property and they're not getting it resolved. And one of the things that we actually took from the city's regulatory process for the festivals is the concept of minute-based fines. So this is a process that we think will make sense in certain circumstances. PARTICULARLY WHEN YOU ARE HAVING A LARGE ROWDY UNRULY PARTY THAT IS NOT BEING RESPONSIVE TO THE CITY THERE IS THIS DURATION-BASED ADMINISTRATIVE FINE ON PAGE 124 OF YOUR BACKUP SUBSECTION E THAT ALLOWS THE CODE OFFICERS TO GIVE A WARNING OR REASONABLY ATTEMPT TO GIVE A WARNING AND THEN IF THEY DO NOT RECEIVE COMPLIANCE INSTEAD OF A $100 FINE AND THAT'S IT IT'S $100 PER MINUTE. for the first violation, $200 per minute for the second violation, and $500 per minute for each additional. If we're looking at properties that are regulated under the new chapter 4.28, so these are the events in residential zones, there is the option for that fine to go up pretty significantly. And the thought process on that is if you are renting out a facility and you're bringing in $150,000 for that event, $100 may not mean much. And so code enforcement based on the severity, the duration, the compliance would like that additional ability to increase the durational fines. Finally, one of the other things we added, and this is on page 127 of your backup, is a private right of action. So we received a complaint from a gentleman who had a noise issue. It wasn't a party house or anything. I believe it was a pump, a water pump. that for a golf course and by all accounts was loud for that individual and disturbing to him and one of the issues that he was having was that he was attempting to enforce this in a private right of action and The court didn't feel that he had that authority. So we have added if if an individual is having difficulty with a neighbor regarding noise they have the ability under our code to bring their own case after they've attempted to solve it, there's a whole process here, but it would allow these individuals to sort of, I don't wanna say take the law into their own hands, that's not quite the way it is, but it would allow essentially a private nuisance action in this area to take place. Any questions on noise before I move on to STRs?

Got one.

has CODE ENFORCEMENT OR COUNCIL THOUGHT OF USING A ORDINANCE SIMILAR TO SECTION 847 OF THE RIVERSIDE COUNTY WHERE IT GIVES CODE ENFORCEMENT OR THE POLICE DEPARTMENT WHEN IT COMES DOWN TO, HEY, GAVE YOU A WARNING, GAVE YOU A $100 ADMINISTRATIVE CITATION, IT CONTINUES, CONTINUES, CONTINUES TO BE ABLE TO HAVE COUNCIL GET WOKEN UP IN THE MIDDLE OF THE NIGHT, WRITE AN ADMINISTRATIVE WARRANT TO SEIZE THAT EQUIPMENT. HAS THAT BEEN?

SO IF YOU LOOK AT PAGE 122, SO IF YOU LOOK AT PAGE 122, AND YOU LOOK AT SUBSECTION B, AND YOU LOOK AT SUBSECTION B, IMMEDIATE ABATEMENT, IF IN THE IMMEDIATE ABATEMENT, IF IN THE OPINION OF THE ENFORCEMENT OPINION OF THE ENFORCEMENT OFFICER A VIOLATION OF THIS OFFICER A VIOLATION OF THIS CHAPTER POSES AN IMMEDIATE THREAT TO CHAPTER POSES AN IMMEDIATE THREAT TO PUBLIC HEALTH AND SAFETY, THE PUBLIC HEALTH AND SAFETY, THE CITY MAY PROCEED WITH SUMMARY CITY MAY PROCEED WITH SUMMARY ABATEMENT WITHOUT PRIOR NOTICE. And one of the ways that we might pursue that is through an abatement warrant process. So I don't think we have the exact language that the county is using, but we do have that tool available to us in the ordinance.

Thank you.

I HAVE A QUESTION. I HAVE A QUESTION. REGARDING NOISE COMPLAINTS, REGARDING NOISE COMPLAINTS, SPECIFICALLY FOR RESIDENTS OF SPECIFICALLY FOR RESIDENTS OF INDIO THAT ARE BEING IN INDIO THAT ARE BEING INCONVENIENCED BY NOISE COMING INCONVENIENCED BY NOISE COMING FROM UNINCORPORATED COUNTY FROM UNINCORPORATED COUNTY AREAS, WHEN THEY MAKE THE AREAS, WHEN THEY MAKE THE CALLS TO OUR CODE ENFORCEMENT CALLS TO OUR CODE ENFORCEMENT AND THEY GO OUT AND DETERMINE IS IT AT ALL A POSSIBILITY OR IS IPD ALREADY REACHING OUT TO THE COUNTY AND JUST SAYING, HEY, WE'RE HAVING THESE ISSUES WITH A RESIDENT IN AN INCORPORATED COUNTY?

THAT ACTUALLY HAPPENS QUITE A BIT AND WE DO. WE NOTIFY ARSO DISPATCH AND THEY'LL DISPATCH ARSO DEPUTIES TO THOSE NOISE COMPLAINTS. WHAT WE NORMALLY DO ON OUR TYPICAL RESPONSES, WE'LL RESPOND TO THE LOCATION. WE'LL VERIFY THAT THERE'S NOISE OR NOT NOISE. OR NOT NOISE. OUR RESPONSE IS USUALLY A TWO-MAN OUR RESPONSE IS USUALLY A TWO-MAN OR TWO-PERSON RESPONSE AND WE'LL OR TWO-PERSON RESPONSE AND WE'LL ACTUALLY DRIVE AROUND TRYING TO ACTUALLY DRIVE AROUND TRYING TO FIND THE SOURCE OF THE MUSIC EVEN FIND THE SOURCE OF THE MUSIC EVEN OUTSIDE THE BOUNDARIES OF THE CITY OF OUTSIDE THE BOUNDARIES OF THE CITY OF INDIO LOCATED SO WE HAVE ACCURATE INDIO LOCATED SO WE HAVE ACCURATE INFORMATION TO REPORT TO RIVERSIDE INFORMATION TO REPORT TO RIVERSIDE COUNTY. COUNTY. PERFECT.

PERFECT.

THANK YOU.

THANK YOU. I HAVE ONE STEPHEN, THANK YOU FOR YOUR PRESENTATION. QUESTION, SO FOR THE FINES, DID YOU SAY THAT IT'S GOING TO BE FOR THE FIRST TIME THEY'RE IN VALUATION OF THE ORDINANCE, IT'S GOING TO BE $100 PER MINUTE, CORRECT?

SO THE BASE THAT'S ESTABLISHED IN THE ORDINANCE IS $100 PER MINUTE FOR A DURATION-BASED FINE. THAT CAN BE CHANGED IN THE FUTURE BY THE COUNCIL THROUGH RESOLUTION.

Got it. Okay. So who will determine the minutes will be the court enforcement or how are we going to establish that? Like, well, like an office will be there on site and kind of like start recording like, Oh, this is like your like final warning. And then the clock starts or like, how are we dealing with that like specific procedure?

So that's a good question. I might turn it over to Jason to explain what his anticipated expectations and protocols will be.

Thank you, that's a great question. We anticipate the enforcement mechanism to be, we're gonna provide notice. We're gonna give a reasonable opportunity to comply. So, you know, you gotta go back and turn the stereo off and we'll give you three minutes to do that. After that, we're gonna start the clock. Starting the clock is all recorded. We have it all on body camera. So we're gonna sit there and we're gonna wait this out for the duration until the sound is turned off.

All right, thank you.

Okay, I will proceed with the short-term rental updates. So there are a lot of updates in the short-term rental ordinance that are the result of the Short-Term Rental Facilitator Act of 2025. So this was a state law that was implemented that addressed a regulatory loophole under California law where short-term rentals were capable of being regulated by local agencies like the city of Indio, but when we attempted to get documentation from Airbnb, VRBO, they would claim they were exempt under various state laws related to utility regulation and internet regulation. So the California legislature fixed that. So effective January 1st, the cities have the ability to adopt implementing ordinances like we have here that require greater cooperation in providing documentation to the city. So it doesn't necessarily relate to the events in residential zones, but I did want to highlight that, that this is IN THE CITY OF INDIO. IN THE CITY OF INDIO. WE ARE DRAMATICALLY GOING TO WE ARE DRAMATICALLY GOING TO INCREASE THE ABILITY OF BOTH INCREASE THE ABILITY OF BOTH CODE ENFORCEMENT AND THE CODE ENFORCEMENT AND THE FINANCE DEPARTMENT ON THE FINANCE DEPARTMENT ON THE REVENUE GENERATING AND TAX REVENUE GENERATING AND TAX GENERATING SIDE TO GET THE GENERATING SIDE TO GET THE DOCUMENTATION WE NEED TO GO DOCUMENTATION WE NEED TO GO AFTER UNPERMITTED AND IMPROPERLY AFTER UNPERMITTED AND IMPROPERLY OPERATING SHORT-TERM RENTALS IN OPERATING SHORT-TERM RENTALS IN THE CITY OF INDIO. What we sought to do with the changes to the short-term rental ordinance was to close, I don't want to call it a loophole. I want to call it an unanticipated side effect of the city's original short-term rental ordinance, which was it had a maximum daytime occupancy that was being utilized by some operators to not really operate as a short-term rental. And by that, what I mean is basically a domicile, a residential use, a transient residential use, a mini hotel, right? That's what an Airbnb is supposed to be. It's a place to sleep and to live temporarily. And instead of using it in that way, it was being utilized as essentially a rental for a party house or rent my pool, things like that. And so, We clarified that so you'll see a lot of additional definitions, including things like party houses. You'll see restrictions on noise, outdoor activities. And the reason for that is we are splitting those two activities up. The transient occupancy, the hotel lodging type use from the event assembly gathering, and that's going into the new chapter 4.28. So if you were to think of an Airbnb like a hotel, there are lots of hotels that are just hotels. There are also hotels that have a convention center attached to it. Those are two separate things under our new regulatory framework. Okay, they're not the same. So those are the major changes to the short-term rental ordinance. And the final change item that we we added was easier enforcement through the administrative hearing officer process that was a request that we got received from staff and a request that we've received from both staff and operators is an initial application process when you are in escrow or under contract to purchase a property as it stands now and jason can jump in here because he actually implements this In order to apply for a new short-term rental permit, you have to be the owner of the property, which means you can't apply while you are in escrow. Or maybe you can, but we can't schedule the inspections or things like that. This allows someone to get the paperwork into the city while they're still in the process of purchasing so that we don't have this gap in coverage where someone is purchasing a property, it has existing short-term rental reservations on it, and now we have potentially reservations that are not operating under a permit in a property that hasn't been inspected. So those are the major changes to short-term rental, narrowing it down to be just that lodging use, upgrading it to comply with the new state laws regarding data sharing that they need to provide, and then enhanced enforcement in transition processes. Any questions on those?

I have a question. I guess regarding an owner applying for permits to have short-term rentals, is there a limit to how many properties a single owner can own in the city of Indio while renting out their properties for short-term rentals?

That's a really good question. Many communities have explored the idea of a sort of investor type regulation where you go from individuals who are maybe this is their second home or maybe it's their primary home and they get out of town during the festivals, they make some extra money versus someone who comes in and lives far away, BUYS 20 PROPERTIES, BUILDS A WHOLE COMMUNITY MAYBE, AND RENTS IT ALL OUT AS SHORT-TERM RENTALS. AS IT STANDS NOW, THAT'S NOT SOMETHING THAT I ANALYZED OR BROUGHT UP, BUT IF THAT WAS A CONCERN THAT THE PLANNING COMMISSION WANTED US TO NOTE AND INCLUDE AS PART OF OUR FEEDBACK TO THE COUNCIL THAT YOU'RE CONCERNED ABOUT INVESTOR LEVEL OPERATORS WITHIN THE CITY, THAT'S CERTAINLY SOMETHING WE COULD NOTE.

Yeah, I do have a concern regarding that because obviously as a homeowner if you want to get out of town and rent your property for Festival season, I would encourage them to do so if that's what they want to do. But one of my concerns is having individuals who have the financial capital to come in and buy those 10 homes and just, I guess, it be more of an investment property as opposed to an actual place that they inhabit. I know some people have two or three homes in the Valley. I'm not saying those people specifically, but as you gave an example, that sometimes there are individuals that own 10 plus homes. And at what point... I GUESS WOULD ALLOWING THOSE TYPES OF INDIVIDUALS TO UTILIZE THIS PERMITTING BE A DISSERVICE TO RESIDENTS OF INDIA THAT MAY WANT TO RENT OUT THEIR PROPERTIES SO THEY'RE NOT IN COMPETITION WITH.

SO I CAN TELL YOU THAT THE RESEARCH THAT WE HAD DONE IS THERE ARE SOME COMMUNITIES where that are sort of year round kind of destinations, where the investor level purchasing of properties to use as short term rentals is believed to have caused a tightening of the rental market. So instead of renting out your house to tenants, residents who are gonna live there long term, you are doing it as a short term rental. And that means there are fewer places to rent, which gives fewer housing options to residents within your community. THAT IS NOT SOMETHING WE HAVE EXPLORED IN DEPTH HERE. EXPLORED IN DEPTH HERE. BUT IT'S CERTAINLY SOMETHING IF BUT IT'S CERTAINLY SOMETHING IF YOU WANT TO GIVE US, I'M SURE THAT YOU WANT TO GIVE US, I'M SURE THAT WE CAN BRING THAT TO THE COUNCIL. WE CAN BRING THAT TO THE COUNCIL. IF THAT'S SOMETHING THEY WANT US IF THAT'S SOMETHING THEY WANT US TO EXPLORE FURTHER, WHAT IS THE TO EXPLORE FURTHER, WHAT IS THE EFFECT AND WHETHER IT'S SOMETHING WE EFFECT AND WHETHER IT'S SOMETHING WE SHOULD LOOK AT REGULATING.

SHOULD LOOK AT REGULATING. WE CAN BRING THAT TO THEM AND WE CAN BRING THAT TO THEM AND THEY CAN GIVE US DIREC

IF I WOULD LIKE TO SEE THE CITY OR COUNCIL EXPLORE THOSE OPTIONS THAT HE MENTIONED. SAME HERE.

WE CAN INCLUDE THAT AS PART OF THE RECOMMENDATION FROM THE PLANNING COMMISSION THAT THAT BE LOOKED AT FOR FUTURE REVISIONS.

YEAH, I GUESS WHEN ISSUING THESE PERMITS AND IF THERE'S A WAY TO FIGURE OUT HOW MANY PROPERTIES THIS INDIVIDUAL OWNS, I GUESS JUST SETTING A LIMIT AS TO A NUMBER SO WE CAN DIFFERENTIATE BETWEEN AN ACTUAL RESIDENT AND INVESTOR PROPERTY.

RIGHT. SO I CAN TELL YOU ON THAT, SOME COMMUNITIES HAVE IMPLEMENTED A REGULATION that defines the allowable operator of a short-term rental as someone who is an owner occupier and so the property is primarily used as their residence and they occasionally rent it out what we have found is that that dramatically I mean, that has a severe hindering on the short-term rental market. For the city of Indio, particularly, short-term rentals provide an incredibly important source of additional transient lodging, especially during the large festivals. The primary economic, we had a very wonderful presentation a few months ago on the economic impact of the visitor economy to the city of Indio and how it pays for a lot of the services, public safety, fire, parks, roads, these things that the city enjoys and how a lot of that is the result of this visitor economy. A big part of that is transient occupancy tax. If the city didn't have the available short-term rental inventory during the festivals, folks who came to go to the festivals would stay in other communities at hotels that those communities have or short-term rentals that they allow to operate. And what that would mean is the city of India is hosting an event and bearing the primary impacts of the event, but yielding the benefits to other communities. So I think when you look at how do you want to regulate the short-term rental market, I think that there's probably a lot of discussion you'd want to have about a year-round investment kind of operation that basically takes a house off the market and one which is allowing us to have that surplus inventory during those surge periods, which are incredibly important to our visitors and to the city.

Okay, thank you for explaining that. I wasn't privy to, I guess, the... MENTIONED DISCUSSED ECONOMIC MENTIONED DISCUSSED ECONOMIC BENEFITS OF ALLOWING THAT AMOUNT BENEFITS OF ALLOWING THAT AMOUNT OF SHORT-TERM RENTALS IN THE CITY OF OF SHORT-TERM RENTALS IN THE CITY OF INDIO. INDIO. I DON'T WANT TO RECOMMEND ANY I DON'T WANT TO RECOMMEND ANY POLICY CHANGES THAT MAY BE POLICY CHANGES THAT MAY BE DETRIMENTAL TO US AND NOT DETRIMENTAL TO US AND NOT PROVIDING THE BEST WE CAN TO OUR

But I think it's worth talking about. And we've had that conversation at the city council level on at least one occasion. There is one development called the Bravo Collection that has a development agreement where a part, they collect an additional fee from every person they rent to that goes to the city with the intent to use it for housing programs, like first-time home buyer assistance. Because it was recognized that in building these houses, which are going to be used exclusively for short-term rentals, we were... denying that land to be used for long-term housing for our residents right and so that's a conversation the council has had and i think it's certainly something we can look at further in the in the future and we'll certainly bring it to their attention that this was something that was brought up okay thank you

Yes, I just want to, if you let me share, just on a specific subject, I think it would be good to like have those conversations, just not like probably completely banning the STRs, but maybe having like a, I don't know, like some more data about like how many, investors that we have here in the city of Indio that kind of like you mentioned that takes that house out of the market instead of like actually like not having the surplus during the festivals that obviously I guess as you mentioned we use that TOT like that money to pay for other services.

CERTAINLY. AND THEN I'LL WORK WITH AND THEN I'LL WORK WITH STAFF. STAFF. THE PRESENTATION THAT WAS GIVEN THE PRESENTATION THAT WAS GIVEN REGARDING THE ECONOMIC IMPACTS REGARDING THE ECONOMIC IMPACTS OF THE VISITOR ECONOMY AND OF THE VISITOR ECONOMY AND SPECIFICALLY THE REVENUES THAT SPECIFICALLY THE REVENUES THAT ARE PROVIDED TO THE CITY OF ARE PROVIDED TO THE CITY OF INDIO FOR ALL THOSE SERVICES INDIO FOR ALL THOSE SERVICES THAT WE ENJOY WAS A PUBLIC THAT WE ENJOY WAS A PUBLIC PRESENTATION. PRESENTATION. IT WAS GIVEN AT A CITY COUNCIL IT WAS GIVEN AT A CITY COUNCIL MEETING. MEETING. WE'LL SEE IF WE CAN GET know generally how these things work. And even I found the particulars and the numbers just absolutely fascinating for the, for not just India, but for the whole Valley.

And then if I can, just to add to that, because I believe, and again, but when we're talking about investors, right, there's investors, like you mentioned, don't live local full-time, right? But even people that are full-time residents here in the city of Indio, I still believe even if they rent their house once, twice, three times, four times, they're still an investor into the community, right? And so if we're able to define that, the level of investor. When we get potentially data, I think that will be beneficial to be able to come out or make a decision at that point or recommendation because I believe, again, if we're looking just at an investor, I just don't want to start looking at, well, this person owns three to five properties, 20, whatever it is. I think even if you own one house, you're technically still an investor. It's just what type of investor. We'll see what data we can pull out of the computer system. THANK YOU. ALL RIGHT.

ALL RIGHT. AND SO TO THE MAIN EVENT, THE AND SO TO THE MAIN EVENT, THE NEW ORDINANCE WHICH ADDS CHAPTER NEW ORDINANCE WHICH ADDS CHAPTER 4.28 REGULATION OF EVENT USES IN 4.28 REGULATION OF EVENT USES IN RESIDENTIAL ZONES. RESIDENTIAL ZONES. SO WHILE ON THE OTHER ONES I SO WHILE ON THE OTHER ONES I WENT THROUGH AND GAVE KIND OF A HIGH WENT THROUGH AND GAVE KIND OF A HIGH LEVEL AND TALKED ABOUT THE LEVEL AND TALKED ABOUT THE CHANGES I'M GOING TO WALK CHANGES I'M GOING TO WALK THROUGH THIS ONE FAIRLY THROUGH THIS ONE FAIRLY COMPREHENSIVELY. The definitions, I think, are important. In particular, if we're looking at page 93 of 160, the definitions of ordinary residential gathering and the definition of regulated residential event, I think are both important. Some of the feedback that I've received has been on the question of who needs a permit? If I'm having my niece's birthday party at my house and all 100 of my closest relatives are coming, DO I HAVE TO GO AND GET A CONDITIONAL USE PERMIT FROM CONDITIONAL USE PERMIT FROM THE PLANNING COMMISSION AND PAY THE THE PLANNING COMMISSION AND PAY THE FEE FOR THAT OR AM I EXEMPT? FEE FOR THAT OR AM I EXEMPT? I THINK THAT'S ONE OF THOSE I THINK THAT'S ONE OF THOSE AREAS WHERE FEEDBACK FROM THE AREAS WHERE FEEDBACK FROM THE COMMUNITY AND FROM THE COMMISSION COMMUNITY AND FROM THE COMMISSION WOULD BE PARTICULARLY WOULD BE PARTICULARLY VALUABLE AND WE MAY NEED TO VALUABLE AND WE MAY NEED TO WORDSMITH THIS A BIT AS IT GOES TO WORDSMITH THIS A BIT AS IT GOES TO THE COUNCIL TO MAKE SURE WE'RE THE COUNCIL TO MAKE SURE WE'RE LANDING ON THE RIGHT TAR ADDITIONALLY WHEN IT COMES TO I'M LOOKING AT PAGE 94 NOW SECTION 42803 APPLICABILITY AND EXEMPTIONS ONE OF THE THINGS THAT'S IMPORTANT IS THAT WE DO HAVE A TRANSITION PERIOD AND THAT'S ALSO ADDRESSED LATER IN THE ORDINANCE THIS IS PLANNED AS DRAFTED TO GO INTO EFFECT ON FEBRUARY 1ST 2027. WE WANT TO GIVE ENOUGH TIME FOR THE ORDINANCE TO GO FROM THE PLANNING COMMISSION TONIGHT to the city council. The city council is very eager after getting a lot of community feedback at some town hall meetings to get this to them so they can get moving on this as soon as possible. Give time for the ordinance to go into effect. We have to do a first reading and a second reading and then 30 days. So there's some time there. And then we have to have an opportunity for people to make applications and for hearings to be scheduled and for permits to be issued. So February 1st sounds a long ways away right here in July, but when you look at how long it takes to implement the ordinance and to get applications and hearings, it's just around the corner. We do think it's important that this process be in place before the next festival season with enough time that hopefully it will go smoothly and we're not holding hearings two weeks before a major festival. ADDITIONALLY, IN TERMS OF A THING THAT I WOULD NOTE ON PAGE 95, AGAIN, IN SECTION 4, 2803, MINIMUM PARCEL SIZE, WE DID RECOMMEND A MINIMUM PARCEL SIZE OF ONE ACRE FOR THESE TYPES OF EVENTS IN RESIDENTIAL ZONES. Because any smaller than that, you're looking at relatively small subdivisions where houses are always generally going to be right next to each other. 4-2-8-0-4. This is the section that tells us what type of permit you need, how many people can come. There's a lot of text there. Some of the feedback that I received was, hey, Steven, it would have been really great if you put together a chart that said, how big is my property, how many people are coming, and what do I need? That is fantastic feedback. I'm an attorney. SO I THINK LIKE AN ATTORNEY, I WRITE LIKE AN ATTORNEY, AND ATTORNEYS, EVERYTHING IS WRITTEN DOWN WITH HEADINGS AND NUMBERS. BUT THAT'S NOT HOW NORMAL PEOPLE OPERATE AND I'M SORRY. SO WE'RE GOING TO PUT TOGETHER THAT BEFORE WE GO TO THE COUNCIL AND WE'LL CERTAINLY SEND A COPY TO THE COMMISSION IF THIS GOES FORWARD WITH THE RECOMMENDATION. And I think that as we move forward towards implementing, it'll be really important for the public operators, everyone to have a good understanding. And I think if you put this in a chart, it'll be much more clear, but the short version is there are three categories based on the size of the property. We had to figure out a way to differentiate between events where, I mean, if you put a hundred people on a one acre property, that is very different than putting a hundred people on a five acre property or a 10 acre property. YOU MAY NOT EVEN KNOW THEY'RE THERE ON A 10 ACRE PROPERTY IF IT'S DONE CORRECTLY. AND SO THE CONCERNS AND THE NEEDS FOR HIGHER LEVELS OF REGULATION DON'T NECESSARILY EXIST THE LARGER THE PROPERTY GETS. SO WE ATTEMPTED TO DIFFERENTIATE THEM BASED ON SIZE. SO WE HAVE TIER ONES WHICH ARE ONE ACRE TO TWO AND A HALF. WE HAVE TIER TWO WHICH ARE TWO AND A HALF TO FIVE. AND THEN WE HAVE TIER THREE WHICH IS OVER FIVE. EACH OF THOSE COMES WITH AN EXEMPT THRESHOLD. which goes up the bigger the property gets an AUP range, which is an administrative use permit. That's a permit issued by the community development director, and then a conditional use permit. So if you're looking at holding, for example, on the tier one, if you are looking at holding large residential events with more than a hundred attendees, you're going to need a conditional use permit for that property would be eligible for those types of events. That means coming to the planning commission, having a full public hearing and having an opportunity to put those very specific conditions of approval in place. Even with the administrative use permit, you will see public process conditions of approval. However, because there are gonna be fewer events and they're gonna be smaller in nature, our thought process was having that remain at the administrative level. 4.2 805 that's on page 97 that includes all the just standard things that would be needed with an application IT ALSO INCLUDES THE FINDINGS THAT ARE NEEDED FOR BOTH THE AUP AND THE CUP INCLUDING THAT THE PROPOSED EVENT IS INCIDENTAL AND SUBORDINATE TO THE PRIMARY RESIDENTIAL USE AND WILL NOT CONVERT THE PROPERTY INTO A DE FACTO COMMERCIAL EVENT VENUE FOR THE AUP AND THEN FOR THE CUP THAT THE PROPOSED EVENT OR ASSEMBLY USE IS COMPATIBLE WITH THE RESIDENTIAL CHARACTER OF THE SURROUNDING AREA. CONDITIONS OF APPROVAL, THESE ARE EXAMPLES, THEY ARE NOT LIMITING, SO THESE ARE SUGGESTIONS ON THE TYPES OF THINGS THAT YOU WOULD WANT TO SEE, BUT THERE COULD BE MORE. SO LIMITATIONS ON THE NUMBER OF EVENTS, LIMITATIONS ON THE MAXIMUM OF ATTENDANCE. THE ATTENDANCE LEVELS IN THE TIERS, THOSE ARE THE MINIMUMS FOR EACH TYPE OF PERMIT. But in going through this hearing process and avoiding a cookie cutter type situation, you're going to look at each property. What are the surrounding uses? What's the available parking? Where are they planning on having people gather? and you're going to be making decisions on, you know what, this one isn't gonna really be able to accommodate 300 people. We're gonna put a maximum attendance of 100 on that particular property. So that gives a lot of flexibility to both the applicants and to the planning commission to make sure that we are right-sizing each individual property. Under operational standards, you'll see that there's a requirement that they comply with all of the conditions of approval of the permit, of the chapter and of the code in general. So I think that's really important because one of the questions that I had heard from the public was, well, they're going to be exempt from this section over here. No, they're not. They're going to be required to comply with the entire code just like everybody else. And in fact, a violation of somewhere else in the code would be a violation of their operating standards. There's hours of operation. These are recommendations that we came up with based on the feedback. We have language about noise and amplified sound. One of the items that came up was a question regarding sanitation conditions. Specifically, what do we do with properties that are on septic? On page 102, subsection F1, it does have a requirement that all events shall maintain adequate emergency access, fire safety, and sanitation conditions, including the provision of restrooms and waste disposal as required by this code and any conditions of approval. My expectation would be if you're looking at a property that is on a septic system that is planning on having a significant number of event attendees permitted, that the planning commission, the community development director will look at that during the review process and require temporary restrooms during those facilities because septic systems during plan check are sized typically based on the number of bedrooms that you see. And the community development director has more information on that if necessary. In terms of enforcement, we looked at a few different things. So one of them is we're looking at an annual review process where the community development director is going to look at these, look at the complaints that are coming in, look on any violations, technical, any fines that have been paid, and making a determination on an annual basis whether there should be some corrective action. That can include modifications to the conditions of approval. that can include recommending it for revocation or modification of the permit in some other way. We do have those hearings going to a hearing officer so that we have that independent third party reviewing that and we can have sort of expedited hearings on that. Additionally, if we have an immediate suspension or cessation, we do have an expedited hearing process specifically for those. You know, we talk a lot about the effect on the community. That is incredibly important. We are also talking about people who own property and have put a lot of money into operating these. And so we want to make sure that their due process rights are protected as well. And so having the ability to have that expedited hearing means that if they're cleared, that they're not out of business for very long. Lastly, we do have that transition that I talked about earlier on page 109. It explicitly authorizes the TEPs to continue to be used during the interim period, but after February 1st, 2027, anyone operating would need to comply with the permitting requirements of the ordinance. That is the ordinance in a nutshell. Happy to answer any questions you may have about that. Thank you.

Questions?

Questions? Thank you, Sam, that was pretty informative question.

And I think this is gonna be for Brian.

Brian, I was looking at the, other requirements for the like if we have if they need that permit you know like I was looking at the requirements and they're like pretty extensive like they're like a lot of them a lot of things that they have to comply let's say that an applicant you know completes everything all the checklist and then they want to hear with the Planning Commission how long will that take

Yeah, that's a good question. As long as the application is complete and we have all the information, I could say confidently that we could probably get it to a hearing within two to three months. I say that because there's a process that kind of happens behind the scene, and that's the review from other departments. So fire, PD chimes in, engineering, building and safety of course the planning division so that's our opportunity to have the application reviewed by a variety of departments put together the conditions of approval that may not just be what we've explained tonight there may be additional conditions of approval approval for example maybe this site that applied for a cup or admin cup has some some past problems well now that's going to be an opportunity to address those problems with new conditions of approval. So, but I think two to three months is pretty good. Now, depending on the site and the complexity of it, it could be longer.

Okay, and thank you. And my next question is, so let's say that this applicant has like two or three events lined up. Can they do the same permits at the same hearing or they have to be at different hearings at different dates?

So this permit would run with the land. And so they would describe the events that they want to have, the number of events, obviously based on the requirements that we presented tonight. And it's kind of like basically capture everything. So if they go outside that description that's in their permit, then they'd have to either come back and amend their permit or they'd have to apply for a new permit.

I would like to add something to that. On 42804 subsection E, which is on page 97 of your backup, it does specifically authorize the director to process any other discretionary permit that is required concurrently with the AUP or CUP. That's standard practice, but we did explicitly put that language in there for the director.

Awesome. Thank you.

So question, hypothetically speaking, let's say Joe Schmo, John Doe, whoever it is, owns three parcels right next to each other. One parcel is an acre, another parcel is two and a half acres, another parcel is five acres. How are we going to deal with those particular CUPs if they're basically all combined as just two or three different parcels?

So the definition of property under the code, and that's page 93, is a legal parcel of record located in a residential zone, including the dwelling unit and associated yards, patios, and surrounding. So if you're talking about three separate legal parcels, each one would need its own independent permit to operate. The concern I had doing it a different way was that you may have someone attempt to evade the permitting process by essentially splitting their parcels up but this would operate like any other cup that the city has which means it is tied to a piece of land and that land is a defined legal parcel so again hypothetically speaking

let's say these three parcels are basically open space with only one of those having a structure, but these events are occurring at the corner of all three.

So when they make the application, they would need to identify the property that is permitted to operate the events in the residential zone. If you have a permit for parcel A, we'll call it, and people are spilling over onto parcel C, that activity on parcel C would be unpermitted. And that would be a violation of the chapter.

HYPOTHETICALLY. ADDING TO THAT, STEPHEN AND COMMISSIONER SANTOS, IF SOMEONE OWNED ALL THREE AND THEY DESCRIBE VERY CLEARLY IN THEIR PERMIT THE ACTIVITIES THAT WOULD BE OCCURRING ON, LET'S SAY, TWO OR THREE PARCELS THAT THEY OWN AND CONTROL, WE COULD DO THAT UNDER ONE PERMIT, MY UNDERSTANDING.

IS THAT CORRECT? WHAT I WOULD ANTICIPATE A LIKELY SCENARIO FOR THAT IS Parcel A is the one with the structures. Maybe they're gonna use parcel C for parking, right? They would need to identify that on the application. That's one of the requirements of the application is to identify specifically the property that is subject to the permit.

So at that point, because of the sizing, if they were to identify all three parcels, and let's say it's a total of six acres, once they've been identified, would they be categorized as Tier 3? Or would they be, one will be Tier 1, the other one will be Tier 2, and then the other one will be Tier 3?

So if they wanted to aggregate them, right, then... The way it's written now and the way I would assume we would process it, and I would welcome feedback on this, but we would treat it as a tier three. But there would be a condition that they can't later sell part of that property. Does that make sense? If they then split it up, split ownership, then it no longer would qualify for use under that permit. And we see this happen with other land uses within the city. So it's not unique to this particular use. We do have other types of uses that do have multiple parcels.

And then my last question is, I understand that this makes it not a cookie cutter where it kind of makes it depending on the location, but at the same time you have, and I'll use the example of Desert Estates type of lots. You have, let me see which one's the other one. You got Suburb Neighborhood Low. DESERT ESTATE TRANSITIONS AND I THINK IT'S KIND OF VERY UNIQUE WHERE YOU HAVE WHAT WE'RE TALKING ABOUT YOU MIGHT HAVE A DESERT ESTATE TRANSITION HOME OR PROPERTY AND WITHIN 25 YARDS OF YOUR WALL YOU HAVE A BACKING OF A SUBURB NEIGHBORHOOD HIGH. and putting potentially setbacks that, hey, if it lands within those things, having those setbacks, because if I'm at the driveway and I don't hear anything, but if I go to whoever's calling, reference these noise complaints or whatever it is, it's nuisance, and I walk into their backyard and it's completely OUTRAGING AND I CAN SEE WHY NEIGHBORS ARE CALLING IN. I THINK THERE SHOULD BE SOMETHING WITHIN THIS RECOMMENDATION OF THIS ORDINANCE TO BE ADDRESSED AT LEAST AS A GUIDE AND NOT LEAVE IT OPEN ENDED.

So you know one of the reasons why we have the permitting process the way it is is to allow for the planning commissioner or the director to address all those potential variations based on what's actually in front of us that being said if one of the recommendations from the Planning Commission was setbacks on the event activities a certain distance from a parcel edge that contains a residential structure or from a residential structure itself that's certainly something we can include in the recommendations to the City Council.

Yeah I think it would be more I think my request would be probably based off of having certain setbacks based off of density units potentially might be a better way to kind of look at it. Because again, you may have future development, you may have current development. And I think that might be a different way, because again, every neighborhood within our city is different. And that's why we have these different zoning locations. AND AS WE HAVE DEVELOPING STUFF THAT USED TO BE DESERT STATES ARE NOW BECOMING SUBURB NEIGHBORHOOD HIGH OR LOW AND SO IT MAKES IT VERY UNIQUE PARTICULAR TO THE SOUTH PORTION OF OUR CITY.

Commissioner Santos the way I see it is if you have larger lots next to say a more dense area those larger lots that may be having those events you'd want to increase setbacks from the the higher the denser areas the denser neighborhoods is that correct?

Correct okay yeah so setbacks for denser housing zones is one of the notes I have.

Thank you, Madam Chair. Okay, I'm known for having lots of questions, but I narrowed it down to four today, so I'm learning, I'm growing. Hypothetically, like let's just say if a resident had a one-acre or two-acre lot and they wanted to hire a DJ or mariachi or anything considered live entertainment, under the proposed ordinances, would it automatically make this type of event a regulated event that would need some sort of permitting?

So that's a really good question. And I think this is one of those areas where we could tighten up the ordinance, right? No ego on the draft. I think based on the feedback that I received, if we look at the definition of regulated residential event, one of the things we say is that meets one or more of the following. And then one of those sections is involves the use of professional or commercially hired entertainment services, live band, amplified theatrical dance, regardless of admission. And so, you know, for example, if you were to hire a band to come to your family event, that could trigger the regulated residential event definition. And I don't think that that's likely the intention of the commission or of the council. And so I think looking at that definition and making sure that we are meeting the community where it is when it's having their own private residential events, I think that that particular subsection four probably needs to be either removed or it needs to be restated so that we're not inadvertently roping in family events.

Okay, thank you. I guess that would be one of my concerns. I'm likely to save a grandparent's own large lot and they want to have two quinceaneras for their Grandchildren like that are spread out throughout the year. I wouldn't want to impact any potential family events or graduations However, if like let's just say this Lot as you guys mentioned is having frequent events or large events where they're constantly having these types of parties Then obviously I would want them to follow the proper channels But I wouldn't want to inconvenience anyone that's just having a like you mentioned a hundred family members over and OKAY, THANK YOU. SO YOU MENTIONED THAT'S SOMETHING THAT CAN BE TIGHTENED UP.

THAT COULD BE. SO I'VE GOT THAT NOTE, REGULATED RESIDENTIAL EVENT, SUBSECTION 4, WE NEED TO LIKELY REVISE THAT LANGUAGE WHEN WE BRING IT TO THE COUNCIL. AND WE'LL LET THEM KNOW THE SPECIFIC CONCERNS OF THE COMMISSION. I SEE A LOT OF HEADS NODDING. I'M ASSUMING THAT'S BY CONSENSUS. THAT IS A CONCERN THAT'S SHARED BY THE COMMISSION.

Thank you. Now for people that want to apply for events when they go to the city website or whatever, you mentioned earlier the possibility of having some sort of like box or some matrices that we can identify whether my event would require this permit. And speaking to your earlier mention that that's something that can be done. Can we recommend that when this item go to council that something along those lines be implemented so that way the committee is aware?

It will be included in the backup when this goes to the council and we will specifically give the commission credit for recommending that.

Okay, thank you. Commissioner Slater. I'm just kidding. We'll put that. I'm just listening to you. And my last question is two part. And so will neighbors that may be impacted receive advance notice before a permitted event so that way they are aware these events are gonna be taking place and can make accommodations and also not call 911 and impact like city resources?

If we look at page 100 under the standard conditions of approval D1H, one of the review authorities suggested conditions of approval is ongoing reporting or neighbor notification requirements. AND SO I THINK IT'S A GOOD IDEA TO MAYBE HAVE THAT DISCUSSION ON WHAT THE PLANNING COMMISSION EXPECTS. WE CAN DO THAT NOW. TYPICALLY I THINK WE NOTIFY FOR MOST APPLICATIONS WITHIN 300 FEET OF AN EVENT AND SO I THINK IT WOULDN'T BE UNREASONABLE IF YOU'RE GOING TO HAVE EVENTS EXCEEDING A CERTAIN THRESHOLD in number of attendees or hours, that those notifications go to the neighbors within that same distance, and that it provide a contact number for the event so that, hey, turn it down, you keep me up, and the non-emergency contact line for NDO PD. So we want to make sure people know where to call. Posting to Facebook, Nextdoor, we don't monitor those. Giving a call to Indio PD so that we can keep a log of it, can investigate it. That's really helpful on the enforcement side.

Perfect. Thank you.

So if the commission were to recommend approval tonight and council were to adopt the ordinance, has the city thought about metrics that it'll use to determine whether this is successful or not yet?

So that's a really good question. I can tell you that when this went to the city council just for the workshop, and again, they were just talking in generalities because we wanted to make sure that we brought something to the planning commission that generally fit the expectations of the council and the community that participated in that workshop. One of the things that the mayor was very clear on, and you'll actually see it in the ordinance itself, IS AN ANNUAL REVIEW SO I BELIEVE IF I REMEMBER THE WORDING OF THE ORDINANCE CORRECTLY I DON'T HAVE THE SECTION IN FRONT OF ME ON THIS ONE I BELIEVE IT'S IN AUGUST OR SEPTEMBER OF 2027 THAT THEY WANTED TO HAVE A REPORT BACK ON HOW WELL IT WAS GOING HOW MANY PERMITS HAVE WE ISSUED HOW MANY COMPLAINTS HAVE WE GOTTEN do we need to look at the ordinance again? I think for something like this, where we're kind of breaking new ground, having those individual permits reviewed annually and then having the ordinance reviewed annually until we think we got it right is going to be a critical step. And so they will be getting a report back in late summer, 2027, which should be after the initial permits have issued and after the festival season, we should know IS THIS WORKING OR DO WE NEED TO MAKE SOME CHANGES? BECAUSE WE'RE AMENDING THIS CHAPTER, IT WOULD COME TO THE PLANNING COMMISSION FIRST. SO YOU WOULD ALSO GET A COPY OF THAT REPORT.

THANK YOU. THAT WAS GOING TO BE VERY REQUESTED. WE ALSO GET THAT INFORMATION ON AN ANNUAL BASIS SO WE KNOW HOW THIS IS WORKING.

I'LL INCLUDE THAT IN THE I'LL INCLUDE THAT IN THE RECOMMENDATION AND WE'LL MAKE RECOMMENDATION AND WE'LL MAKE THAT CHANGE TO THE ORDINANCE. THAT CHANGE TO THE ORDINANCE.

SO IT GOES TO THE PLANNING SO IT GOES TO THE PLANNING COMMISSION AND THE COUNCIL. COMMISSION AND THE COUNCIL. OKAY. OKAY. SO I HAVE JUST A COUPLE LITTLE SO I HAVE JUST A COUPLE LITTLE ONES. ONES. YOU GUYS TOOK A COUPLE OF MINE. YOU GUYS TOOK A COUPLE OF MINE. SO THANK YOU. SO THANK YOU. THE 40 PERSON THRESHOLD FOR THE 40 PERSON THRESHOLD FOR TIER ONE SEEMS A LITTLE LOW TIER ONE SEEMS A LITTLE L YOU'RE ALREADY AT 40. THEN YOU'RE TALKING ABOUT SERVICE STAFF, CHEF, ALL THESE PEOPLE ARE GOING TO COUNT. IS THERE A PARTICULAR REASON WE USE 40?

40 WAS THE PREVIOUS EXEMPT THRESHOLD UNDER THE STR ORDINANCE. SO I USED THAT NUMBER BECAUSE THAT SEEMED LIKE A NUMBER THAT SOMEONE MADE A POLICY DECISION ON PREVIOUSLY. So that's the way we used to do it, which I know is not a great answer, but I had to pick a number. Happy to receive feedback on that if you feel like it's too low.

I do think it's a little low. I wouldn't go much higher, maybe like 50, especially because we're including vendor providers, the service staff, more than anything else. If it was just guest numbers, I think it'd be fine at 40. But we also have the people that are going to be, you know, taking care of the event. So that was one thing that was easy. that I would be interested in. My other question is on the time. I did notice that on Friday and Saturday, the event ends at 11 p.m., right? Is there some reason why, for most of my life, when you go to a party, parties end at midnight. That's kind of like the stragglers are there until about midnight, and then hopefully you're trying to shoo them out of your house, right, by midnight. Any reason why that was not done as midnight, just for Friday and Saturday, not weeknights?

I THINK IT'S BECAUSE I WAS THE ONE DRAFTING THE I THINK IT'S BECAUSE I WAS THE ONE DRAFTING THE ORDINANCE AND I GO TO BED REALLY ORDINANCE AND I GO TO BED REALLY EARLY. And so 11 o'clock, that sounds terrible to me. But I think you're right. And I think one of the things that, you know, we didn't get specific feedback on that issue when we were at the council workshop. But one of the things I did hear from the council was a desire for consistency across the city. And so what time do our festivals need to end under the DA? Is it midnight?

Depends on the day.

Okay, so that's for the festivals, which admittedly these are not festivals. Correct. Right? And so I think that that may be something we can look at. One of the things we did talk about, but as you saw with the matrix on Tier 1, Tier 3, at some point it gets kind of confusing.

Yeah.

One of the things we did talk about is should we have a little bit of flexibility during festival season? on some of these things. That's when you have a lot of desire for events. And I also think that the city is a little bit more flexible during festival season than they are maybe the rest of the year. So that was some of the feedback on the time periods. If I leave it to the commission, if you want to recommend a different time for Friday, Saturday, for the rest of the week, I can tell you that feedback we've gotten from residents is You know, 11 o'clock, that's way too late. Feedback we've gotten from vendors is weddings want to go till midnight.

Yeah. I mean, personally, I think Friday, Saturday, midnight would be okay. Not a weekday. I don't like the idea of making it different during festivals just because I think it's one more thing that gets confusing for people. What's the rule? Is this considered festival season? Is it not considered festival season? Then we have a whole other conversation. So that's just my...

I WANTED TO MAKE SURE THE COMMISSION KNEW THAT WAS KNEW THAT WAS SOMETHING WE ANALYZED. SOMETHING WE ANALYZED. I ALSO HAVE CONCERNS FOR FAMILY

Commissioner Slater brought up. So I want to make sure that that's something that is discussed.

I think maybe just to make sure that we really land that one, I think we need to add a definition of family gathering or something like that and really expressly state the policy intent and definition so that, you know, enforcement staff and the community understand that we respect, we want our families getting together in the city of India. We don't want to discourage that in any kind of way. SO I'M HEARING LOUD AND CLEAR FROM THE COMMISSION. FROM THE COMMISSION. MAKE THAT EXPLICIT. MAKE THAT EXPLICIT. AND I WAS THINKING OF AMENDING AND I WAS THINKING OF AMENDING THAT SUBSTRUCTION 4, BUT I MAY THAT SUBSTRUCTION 4, BUT I MAY JUST ADD A VERY EXPLICIT JUST ADD A VERY EXPLICIT DEFINITION. DEFINITION.

VERY DEFINED.

VERY DEFINED. AND IN ADDITION TO THE AND IN ADDITION TO THE EXCEPTION THAT MAKES THAT REALLY EXCEPTION THAT MAKES THAT REALLY CLEAR.

CLEAR. PERFECT. PERFECT. MY LAST QUESTION IS, AND I MY LAST QUESTION IS, AND I THINK JASON WILL LIKE THIS ONE. THINK JASON WILL LIKE THIS ONE. THIS IS GOING TO CREATE MORE THIS IS GOING TO CREATE MORE we need to have the staff to do that. So I'm assuming that somewhere along the line here soon there will be some evaluation as to how this is gonna impact staff and whether we're gonna be able to do that. So one of my questions, Jason, is I'm not sure what it is today, the rule. Is code enforcement going to be out in the community seven days a week or is this gonna be something where they're only gonna go out on weekends when there is a complaint and then somebody is called in

SORRY ABOUT THAT. SORRY ABOUT THAT. WE CURRENTLY HAVE STAFF THAT WE CURRENTLY HAVE STAFF THAT WORK EVENINGS ON WEDNESDAY, WORK EVENINGS ON WEDNESDAY, THURSDAY, FRIDAY AND SATURDAY. THURSDAY, FRIDAY AND SATURDAY. AND IF EVENTS ARE SCHEDULED TO AND IF EVENTS ARE SCHEDULED TO TAKE PLACE ON OTHER DAYS, WE TAKE PLACE ON OTHER DAYS, WE STAFF THOSE EVENTS ON AN STAFF THOSE EVENTS ON AN OVERTIME BASIS. OVERTIME BASIS. OKAY. OKAY. SO TYPICALLY RIGHT NOW ALL SO TYPICALLY RIGHT NOW ALL EVENTS ARE AT LEAST STAFFED.

EVENTS ARE AT LEAST STAFFED. OKAY.

OKAY.

JUST WANTED TO MAKE SURE. JUST WANTED

Thank you, Chairwoman. I do want to emphasize the points that Commissioner Slater and Chairwoman Fran said. I think we need to define what the family, you know. We all have here big families and then we don't want to prevent family gatherings here in the city of Indio. I don't think that's the intent of this ordinance, right? And then I also agree with Chairwoman France. I think Friday, Saturdays, 12 a.m., midnight, I think is a good time. Because at 11 p.m. it could be a little bit, you know, a little too soon for some people. So I think 12 is the sweet spot. With that being said, I do have another question. Then this is for Brian. Brian, the applicants or the people that have a development agreement, are they protected from these ordinance or are they have to still go through the same rules?

I think usually in these instances for CUP and admin CUP, these are not gonna usually be properties that have development agreements, but if they do, we certainly would work with the city attorney's office and make sure that we're addressing both the requirements of the DA as well as any CUP or admin CUP. But generally speaking, these properties are usually not gonna have a DA.

There's one DA that I'm aware of that could be implicated. I've analyzed that already. The language that I put in there when we drafted it subjects it to generally applicable changes in the STR regulations while still preserving their ability to maintain STRs. It does not address events. So they would be subject to the same permitting requirements that are generally applicable, and they would be subject to the new STR revisions that are coming in.

Okay, thank you. And my last question, sorry. For the enforcement and the appeal process, you said that for the appeal, you guys are going to go to a third party. Can you emphasize more on that? How is that going to play out? How is it going to work out?

So it's the same process that we use for code enforcement as well as the short-term rental revocation. So it is an attorney. It's a neutral attorney who's not a city attorney. They are hired solely to be an impartial decision maker. And the reason why that's very effective is they're trained on due process and the findings that are necessary. And because it's one person who we're paying by the hour to attend these things, we can also schedule them much more quickly, much more efficiently. So it goes to the hearing officer. And then if any party wants to appeal it, it goes straight to superior court from there. It allows for a much more expedited resolution process.

Okay.

Thank you. Madam chair, if I can. IN THE INTERIM IF SOMEONE WERE TO APPLY PRIOR TO FEBRUARY FIRST OF THIS TAKING PLACE WOULD THIS STOP? FEBRUARY 1ST OR WERE THEIR APPLICATIONS CONTINUE PAST THAT DATE OR HOW WOULD THIS AFFECT IF THIS WERE TO GO THROUGH?

SO THERE IS A TRANSITION PERIOD THAT IS BOTH DEFINED IN THE ORDINANCE ON PAGE 94 AND THEN THERE'S A SECTION OF THE ORDINANCE THAT ADDRESSES IT BUT THE SHORT VERSION IS FOR EVENTS UP TO THE END OF JANUARY 2027 AS CURRENTLY WRITTEN, THEY WOULD BE ALLOWED TO CONTINUE THE EVENTS UNDER THE CURRENT TUP PROCESS. So those are over the counter approvals by the community development director. After that day, no event would be authorized to go forward without complying with the permitting requirements of the chapter. So is that an AUP? Is that a CUP? Is it exempt? It depends on the size of the parcel and the number of attendees. I can tell you that we did get some feedback that there may be a need for some flexibility ON THAT. SO IF FOR EXAMPLE THE PLANNING SO IF FOR EXAMPLE THE PLANNING COMMISSION HELD A HEARING AND COMMISSION HELD A HEARING AND GRANTED A PERMIT BUT A THIRD PARTY GRANTED A PERMIT BUT A THIRD PARTY CHALLENGED THE ISSUANCE OF THAT CHALLENGED THE ISSUANCE OF THAT PERMIT THAT KIND OF PUTS THEM IN PERMIT THAT KIND OF PUTS THEM IN LIMBO DURING THAT PERIOD AND SO HOW LIMBO DURING THAT PERIOD AND SO HOW WOULD WE ADDRESS THAT? WOULD WE ADDRESS THAT? I THINK THAT'S SOMETHING WE'RE I THINK THAT'S SOMETHING WE'RE GOING TO HAVE TO LOOK AT AS THIS GOES GOING TO HAVE TO LOOK AT AS THIS GOES TO THE COUNCIL. TO THE COUNCIL. I THINK WE W THEY CAN'T DO ANYTHING WITH IT BUT WE ALSO WANT TO STILL HAVE A BUT WE ALSO WANT TO STILL HAVE A REGULATORY PROCESS IN PLACE. REGULATORY PROCESS IN PLACE. SO THAT'S SOMETHING WE ARE GOING SO THAT'S SOMETHING WE ARE GOING TO LIKELY NEED TO ADDRESS AS TO LIKELY NEED TO ADDRESS AS WELL.

WELL. PERFECT. PERFECT. I'VE GOT OTHER QUESTIONS BUT I'VE GOT OTHER QUESTIONS BUT I'LL WAIT AFTER THE COMMUNITY I'LL WAIT AFTER THE COMMUNITY SPEAKS.

SPEAKS. JUST A COUPLE MORE BEFORE JUST A COUPLE MORE BEFORE PUBLIC COMMENT. the recommendation by Chair Frans for the increase in the tier one, I guess, are you gonna be taking any recommendation of council for that? Are you gonna work on that number, MUCH OUTSIDE OF THIS?

AT THE END OF YOUR DISCUSSION I WAS GOING TO READ BACK TO YOU THE RECOMMENDATIONS AND NOTES THAT I HAD AND I WAS GOING TO ASK THE COMMISSION TO INCORPORATE THOSE INTO YOUR RESOLUTION OF RECOMMENDATION. FOR THAT ONE I SIMPLY HAD THE NOTE THAT 40 PERSONS WAS TOO LOW AS AN EXCEPTION FOR TIER ONE AND CONSIDER A NUMBER LIKE 50.

OKAY. YEAH, I THINK EITHER 50 OR CLOSER TO 60 BECAUSE LIKE IF I HAD A HYPOTHETICAL IF I HAD A BIG HOUSE and I was inviting my family, we would get close to that 60 threshold really fast prior to us even having caterers or the band.

When we have these discussions at the staff level, I was thinking of my last family reunion that we had at my uncle's house. And you started counting people. And you get to a lot of people really quick. SO COMPLETELY UNDERSTAND THE ISSUE. LIKE I SAID, I'LL READ BACK ALL THESE RECOMMENDATIONS. I WANT TO MAKE SURE WE DON'T MISS ANY. I WANT TO MAKE SURE I'M NOT MISSTATING WHAT THE COMMISSION IS RECOMMENDING. BUT FOR THAT ONE, I THINK MY NOTE WAS GOING TO BE 40 PERSONS SEEMS TOO LOW FOR EXEMPT TIER ONE, CONSIDER GOING HIGHER. CONSIDER 50 OR CLOSER TO 60, HOWEVER THE COMMISSION WANTS ME TO WORD THAT WHEN IT GOES TO THE COUNCIL.

THANK YOU. MY LAST QUESTION WOULD BE FOR THESE EVENTS WHEN THEY APPLY FOR THE CONDITIONAL USE PERMIT, I BELIEVE A PART OF IT SAYS THEY ARE REQUIRED TO pay for security, like city security? Is there a price, I guess, per hour that we would be charging these individuals to have staff there?

THAT'S A GOOD QUESTION FOR I THINK WE WOULD LIKELY ESTABLISH A FEE SCHEDULE IF THIS DOES GET THE COMMISSION'S RECOMMENDATION AND IS APPROVED BY THE COUNCIL PROBABLY AT THE SECOND READING WE BRING FORWARD A RESOLUTION THAT ESTABLISHES FEES AND I THINK WE WOULD LOOK AT THE FULLY BURDENED RATE FOR THE PERSONNEL THAT THE POLICE CHIEF IS LIKELY TO ASSIGN And that would establish what the per hour rate would be. But I see the code enforcement manager ready to answer the question.

We actually have that fee already in resolution. So we have an hourly fee depending on what type of officer it is. There you go. Cool. Thank you.

And I would like to say that's been incredibly effective for both preventing nuisances and violations, but also for addressing when we get complaints. People are saying, no, this thing's out of control. And we're like, we're there. Yeah. WE'VE GOT BODY CAMERA ON IT. SO IT'S BEEN VERY HELPFUL, I SO IT'S BEEN VERY HELPFUL, I THINK, AT HELPING BOTH THE THINK, AT HELPING BOTH THE COMMUNITY AND THE OPERATORS COMMUNITY AND THE OPERATORS ADDRESS CONCERNS. ADDRESS CONCERNS. THAT'S ONE OF THE REASONS WHY THAT'S ONE OF THE REASONS WHY IT'S THERE. IT'S THERE.

IF THERE ARE NO MORE IF THERE ARE NO MORE QUESTIONS, WE'LL GO AHEAD AND QUESTIONS, WE'LL GO AHEAD AND OPEN THIS UP TO THE PUBLIC. OPEN THIS UP TO THE PUBLIC. DO WE HAVE ANY REQUESTS TO DO WE HAVE ANY REQUESTS TO SPEAK? SPEAK?

Good evening Planning Commission and city staff. I'm a 10 year resident in Trilogy Polo Club. I live directly adjacent to a group of event and short term rental properties. I want to start by acknowledging the significant work undertaken in addressing these three ordinances. It's a complex task, and there are real improvements in the definitions of noise, enforcement authority, abatement, and more, and so good job there. The proposed increased number of events, attendance levels, and permit exemptions allow more events than we currently have in our residential neighborhood and significantly more activity and traffic than current conditions. This does not align with the proposal's own statement that residential properties are frequently used for customary social gatherings that are incidental to residential living. Larger, more frequent, or commercially organized events can have different impacts. Number two, where absentee owner residential structures exist without any actual residents and operate as commercial businesses, the commercially organized events often impact nearby neighbors. The proposal does not clearly distinguish residential living social gatherings from commercially organized events, and it seems to favor revenue-generating businesses operating under the cover of a residential neighborhood. There is no clear difference between short-term rental guests and their invitees and a gathering exempt from permits. The STR occupancy gap, occupancy cap, under Chapter 37.012 and the exempt attendance limits in Chapter 4.28 appear to conflict. Further clarification is needed. Point number four, where these large parcels rely on septic systems rather than sanitary sewer, the proposed increased frequency and attendance limits may pose groundwater and environmental risks that should be addressed before approval. I know this has been a significant undertaking, and I thank the authors for their work. I strongly suggest that these factors be given more consideration rather than rushing the proposal through right now. This 89-page document has only been available for a few days and deserves more thorough review. The timing is also poor. Since it's summer, when many residents are away, I ask that you continue refining this proposal, weigh its real effect on neighboring residents and our enjoyment of our homes, and revisit a modified version in the fall. Thank you.

Mike Wales.

Good evening. Thank you, one, first of all, for being there. You're Indio residents, too, so I appreciate the time you put into this. You're giving up your time for your families tonight, and I respect that, and I want to say that before anything else. My name is Mike Wales. I'm a resident of the city of Indio. My wife has taught at Desert Sands Unified for 34 years, so You may recognize the last name if your kids went to Van Buren, Johnson, or Monroe, or maybe you guys did. Thank you for the thoughtful questions today. They were very good. You definitely highlighted some of the gaps that we've identified in the short period that we have. I sent planning you all a long written statement today. It's long because there's a lot to say. Please read it yourself. Look at it as if you were the family next door. Really, all this stuff is not about families next door. If you're next to me, you're having 60 people, hopefully you invite me over. Not having an issue with that. It's the commercial operation disguised as a residence. Ask the hard questions and push on it. Read the many other statements. Remember, this issue in front of you is not, again, due to the families. It's due to the commercial operations. I spent weeks on this, nights, weekends, time that should have been gone to my family and my own work. I made calls, sent emails, read all agreements, requested records via public information requests, which sometimes limited success. Attended city council meetings, chased down different agencies and multiple agencies just to get straight answers. The noise study that Stephen referenced was denied. I was not able to see that. So we are skeptical, excuse me, we are skeptical due to many of these issues. So kind of a little of a joke here, asking a government agency for a straight answer is somewhat like asking a cat to fetch. Technically possible, deeply against its nature, and they usually just stare at you, which quite frankly has been our experience for the last four or five years. Mixed messages from what I've heard tonight versus what I hear from other staff members. So it's time that goes back to, we're not getting back, I'm not a lawyer, I'm not a city staff, I'm just a resident trying to get tired of nothing changing. One of the things I haven't ever heard is, oh, that's a good question, which you recommended to them quite a few times tonight. They've never asked that, never said that to any of us. If anything, it's why are you asking the questions? So here's the thing. This does not happen to happen fast. We don't need to do it tonight. This problem has gone on for almost 10 years. A few more weeks or a month to get the facts straight isn't going to hurt anyone. Rushing it tonight won't fix 10 years of problems. It'll just lock in whatever's missing from this draft. Our recommendation is don't recommend it to council. Let's get it right at this level. Let's ask more questions. Let's fine tune it because it's going to get rushed otherwise. Residents weren't asked for impact. We have a lot of good questions because we have firsthand experience. We should have been counted for something. We've been ignored. It was not an inclusive process. Second, the hearing in the middle of the summer is suspect at best. We all know if we're locals, no one's here in July. We're getting ready to go back to school. And the septic issue, by the way, only came up because of my questions this week and chasing down the city a week ago said it was not their responsibility. Only after I had contacted multiple agencies and they all pointed back to the city, to the city manager yesterday, say, oh, oops, it is our responsibility. So I'd ask, please don't take it, go back. We are very appreciative for code enforcement and the police that what they've been doing, they've been doing a fantastic job. We just want to get this right now, not right a year from now when we say, oops, we've got big gaps and loopholes. Thank you very much.

Glen Van Dam.

Hi, Chairperson Franz and commissioners. I appreciate your time and Advocate Pacifico, I appreciate some of your comments as well. I specifically represent the Bougainvillea estate, our estate, and there's about six or seven, I think, estates along Avenue 50, and we were working with Jennifer Mitsavi and Elizabeth Martin, Brian Montgomery, for the last two years on an overlay and an entertainment venue zoning for us specifically. And it's just they said September, call us back. And all of a sudden, we found out yesterday that we're here tonight. We didn't know anything about this whole new proposal. But what we were working on was something that addressed us individually. Instead of every year kind of an individual use permit annually, looking at each estate, I have no one on either side of me, 18 acres, 13 acres on that side, five acres empty. with no residents. And we do about 20-plus weddings a year. And the whole goal of redoing this with the city council was the laborious and tenuous process of the condition of use permits. We do weddings a year ahead in advance scheduling. And then going in and getting a permit 60 days in advance, it just doesn't make sense. So we wanted something that was more permanent. for those that are doing a good job and so Going to the details our estate is just under five acres most of the of the Estates on that street there Jim grows five acres. We're four seven six They're gonna widen Avenue 50s because that Eastman there takes up some of our land so we wouldn't we were over 14,000 square feet inside but we wouldn't even be in tier three we'd be in tier two and And we could have 200 to 250 people inside the estate, and you would not even know anyone's there. And so as you mentioned, Chairperson Frans, I think adjusting those levels, I think, honestly, 50 to 60, 125 to 200, we maybe do one event over 200 of the year. Most weddings are 125, 130, 170, including staff and the service crew. So I think it would be great to talk again about those things. Also, Indio doesn't have any large luxury hotels. The six or seven of us estates pretty much entertains the large events for Indio. So it's a great service. I honestly, between the TOT taxes in the Riverside County We pay over $200,000 a year in those taxes. And so it's significant. And we try to do a good job. We also have a permanent on-site manager. And over 16 years, one or two or three complaints. Over 16 years. So I think having security, that may be a later step after multiple problems. But I've found that if you have someone there, it really helps. who's organizing, watching sound levels, reaffirming the rules to the guests. That usually is sufficient most of the time. But for the most part, I would really like us to kind of pick up where we left off last summer and try to get a special zoning for the Area 50 estates. I know this is really supposed to be citywide, and I think I'd have no problem with that. But for us specifically, I think we really do most of the hospitality for weddings and large events right along that Avenue 50 area. And then I would appreciate if the Planning Commission would look at that and then look at us individually and make recommendations or designations based upon that. I don't think it'd be too hard. Like I said, there's less than 10 altogether. And I think it's a benefit for us, and it's a benefit for the city. Again, my last request was simply site-specific, those tiers, not just acres, but square feet, and then continued revision of the use permits. Because it's tenuous to, if we have to go to a hearing, IT'S MONTHS AND THEN THAT PERSON WHO'S LOOKING TO RENT, WHO'S LOOKING TO RENT, THEY'LL JUST GO TO ANOTHER CITY THEY'LL JUST GO TO ANOTHER CITY OR A WHOLE OTHER AREA FOR THEIR OR A WHOLE OTHER AREA FOR THEIR EVENT AND WE'VE ALL LOST OUT ON EVENT AND WE'VE ALL LOST OUT ON THAT. THAT. SO LET ME KNOW IF YOU HAVE ANY SO LET ME KNOW IF YOU HAVE ANY QUESTIONS. QUESTIONS. DO YOU HAVE ANYTHING NOW OR DO YOU HAVE ANYTHING NOW OR THANK YOU FOR YOUR TIME.

THANK YOU FOR YOUR TIME. ANNA DUTRICH.

Good evening, commissioners. Good evening, city staff. Thank you so much for all your hard work. I am a local resident. I live here in India. I'm raising a family here in India. I live in a community where there is quite a few vacation rentals because we are very close to the polo grounds. So I know what it is like to be a resident and live next to them. And by the way, I've been in Coachella Valley for many years. I also live in other communities where they are there. And I can tell you that when things are done properly, there is, you know, this can be done. And what it does for this community, I've seen how India has changed the last seven years. I'm just so proud. Every time I drive around the city streets, I see the changes you guys have been doing, or the city has been doing, and it's just... blows my mind. So to disclose, I do operate largest vacation rental company in Coachella Valley. We've grown organically and also on the other side of the fence where I see Over the years, how much things have changed in Coachella Valley, because we are Coachella Valley-wide, how ordinances have changed. Yes, I've been part of the rancher movement in the county. I'm actually one of the, the only person selected in the desert when the ordinance, the short-term rental ordinance was drafted. I was invited by the county to be present, part of that. So I have quite a bit of knowledge. What I wanted to mention about this, what I'm hearing from everybody that just spoke already, You guys are not ready to vote on this. Here's the reasons how I see it. Aside from the people that spoke, notification. I did not get any letter that this is happening. I found out last night, and honestly, by the great wine, everybody that I spoke, nobody know about this. Secondly, this document came out a couple days ago. As I said, to read the entire 100 pages from last night, unfortunately, I have a family, I have a business, I have things to attend. I was not even able to, and I have all the motivation. Notification is compulsory. Secondly is, as you're discussing and having these great questions, there is already signals that things need to be edited and notified and changed according to the questions. Many more reasons, I'm gonna stop listing them, but how I see it is this is not ready for a vote. I think more community engagement is needed. I do agree residents, but also short-term rental owner. I don't know a single short-term rental owner yet that knew about this tonight, just so you know. So I don't think this is the time to do that with enough notification and people being involved. Thank you so much for your time, appreciate you.

Jackie Lopez.

Good evening, Commissioners. Jackie Lopez. I'm here speaking on behalf of Mr. Tony Fimbres. He's the president of Sermonbrook LLC, property owner on Avenue 50 corridor. Mr. Fimbres could not be here tonight, but his full written comments have been submitted for the record. And I just wanted to summarize some key points. His request is to not stop these ordinance. He shares the city's goals of addressing genuine problem properties. And he wants to ensure that responsible established operators who had invested in this community are not intentionally harmed. His concern is that as drafted these ordinances, do not distinguish between the two and the consequences they impose are severe enough that the difference matters enormously. Consider what the draft actually provides, noise fines occurring up to $1,000 per minute with the daily exposure up to 50,000, triggered by a decibel reading, but by an officer's on-the-spot judgment with no warning required first. Permits that expire automatically without notice from the city when an owner adds a spouse to a title, changes a trustee or adjusts an LLC, Revocation of possible after a single disputed incident, no matter how many years the owner has operated without a complaint, a family reunion of 25 people at a large home treated as evidence of a violation, and properties under one acre permanently barred from any permit, no variance, no exception. These provisions are the hardest on owners who have done things right. A problem operator ignores rules regardless. It is the permitted uninsured taxpaying operator who is exposed when a permit silently expires on paperwork change or when a single contested noise calls generates a five-figure fine before the facts are even heard. By the city's own budget presentation, roughly 75% of Indio's transient occupancy tax comes from these operators. Revenue this city has already budgeted and spent. Mr. Fimbres asked the city for six things, protect operators in good standing, make compliance history a formal mitigating factor, provide a fair path for existing operations, grandfathering or amortization of a variance procedure rather than an absolute one acre bar, differentiate responsible operators from problem properties, require documented repeated violations before permits earned over years, can be taken reserving a single incident action for genuine public safety emergencies, Base enforcement on adjusted standards, decibel limits, a written warning before a first fine and family and trust transfer exemption. As neighboring Coachella provides, the city of Coachella, allow reasonable transition periods running from date of adoption with pending applications allowed to continue operating during review and complete an economic analysis before adoption because displaced guests don't go home, they book in neighboring cities and those cities keep the tax. Finally, he offers one construction proposal, an annual special event permit, one annual permit inspected, insured, conditioned venues reviewed through a simple compliance review instead of repetitive per-event permits with revocation reserved for documented repeated violations. It gives the city something it doesn't have today, venues operating transparently under the city oversight rather than... Informally outside it. He's asking not for less oversight. He's asking for more efficient process that the reward that rewards compliance Mr. Females has asked to participate in a stakeholder discussion before these ordinances return for a final action And I asked that his concerns be attached to my recommendation you sent to cancel.

Thank you David Ison

Hi, Dave Eisen. Thanks for having me. I'm with Local Concierge Desert Rodeo. Small business operator. We have STR event locations here in Indio and the Valley. I grew up here, have my family here. It is hot, but some of us still stick around and love being here. But the idea behind what you guys are trying to do is great. We want to make sure... that we have a good process to make sure that the operators are doing a good job, which I am, never had a violation, our business is growing. Something is very unique about the city of India where you guys are drawing so many different people year round, not just during the festival season, but our houses are booked, the events are coming, It's hard to throw an event in the city so they go to other locations, such as I have homes in unincorporated Riverside County. And we need to make it a little bit easier because Indio, I have multiple properties here. They're beautiful. They're very close to the festival area, but that's not the only reason I'm here. I think everybody's made a really good point. I think the good operators, you don't know me because I'm a good operator. and neither is code enforcement because I'm a good operator. So our point is there's a lot of fines and violations and those are for the bad operators. So we need, you know, having security and the one through every 75. We've had other things in thermal and you have, like you said, 60, 75 people at a normal birthday party. You don't need a security guard there. That's kind of unbecoming. I'm gonna move it. too thermal over India, which I don't want to do because of these things. And again, I've only had five hours to read this thing. along with taking care of my children, three businesses I've got going on. So I think, again, I really appreciate the city of Indio. I love living here. I've been here my entire life. I love having a small business, having Desert Rodeo, looking to move maybe into Indio as well. But you guys don't have hotels. This is what you have. You have really beautiful, luxury, large estates, and then you also have really beautiful small homes that people really enjoy. They come across the entire world. Los Angeles, San Diego, our homes are always booked, and everybody's having a great time. I never had a complaint. Our neighbors are wonderful. Now, the ones that are complaining sometimes, which we've experienced, and they're behind me, What I would like to understand too is the violations that we're subject to, $1,000 a minute or whatever, I'm sorry, I can't remember what it was, $100 a minute, but the ones that are complaining that are actually found to be unfactually incorrect, what is the consequence for the people that are calling that are just trying to interfere with business and interfere with people that are coming to Indio and have a bad experience, which is not good for any of us. So I think we need to have some, Reasonability to the whole thing we I know that you guys want to regulate it, but sometimes over regulation is not a good thing So I think we we've done a really the 60 Mr. Slater that was probably one of the best things I've heard all day You can't have a birthday party with a jump house with 60 people, you know, you're just not gonna happen So I think we need to have a little bit reasonableness to the tears I I really appreciate everybody's hard time and everybody's busy and that's all have thank you. I

Miles Warner.

Hi, my name is Miles Warner. I own the Zenda Estate, which is a almost 10 acre estate. And we hold somewhere between 10 and 20 events a year. We hold some very high end events. We have like, you know, the house was on a Netflix TV show recently. We bring a lot of like really positive views to Indio. We bring people come and their experience of the city of Indio is one of being at this really beautiful state where everything's taken care of. So there's a lot of positive to what this conversation is about that I think gets lost in the mix. We're throwing weddings. We had a couple meet at a wedding at our house, and then they got engaged. And he called us and said, hey, can I come to your house and propose to my now fiance? So these are magical things we're talking about. These aren't ugly events for hire. We're not selling tickets or something. I appreciate your thoughtful questions. We can hear in the audience, you guys are really parsing this out. It's super complicated. It's something that everybody in this room has been dealing with and discussing for a long time. And so now we're here and there's some ideas. And what you guys decide to do with it is your choice. I think I would like to move forward, and the reason I say that is because I'm tired of these conversations. I just want to know what the expectations are, and I want to know what the city wants me to do and how I can be a good neighbor. Because every time I'm told that, and I'm sure these gentlemen will tell you, I hope, maybe not, but I hope so, I tend to follow through on that. So living in a limbo is not fun. And like Glenn said, you get the event 60 days out, and you've booked the wedding 18 months ago. So you're giving this person a guarantee they can get married at your house. And then 45 days later, you still don't know if that's true. That's not a great position to be in. Just so you know, the septic thing is nonsense. We bring in bathroom trailers for every event. The city makes us do that. They've always made us do that. I don't know what this is about, but that's a totally provable fact that Brian can tell you, because it's in every temporary use permit. Many of the complaints that people complain about are usually unpermitted events. That's what people typically are upset about, is somebody comes and they throw a big party and they don't tell the owner of the house, and then the neighbors are like, what's going on? If we throw an event, we have minimum two security guards, no, minimum three security guards, regardless of the size of the event, and then it goes up from there, and then if it's over, I don't know what the number is, 250? There's some number where Jason, sorry, where Officer Anderson says, you have to pay for city staff to be here. And so we pay, I don't know what it is, but it's a lot. We pay an hourly rate. It's like $175 or $225 an hour per officer. And it's usually two officers. I mean, this stuff is already so regulated. So all they're doing, as far as I can tell, is kind of enshrining it in the law so that it's clear. And whatever your choice is, I just want to know what it is so I can move forward. The later time, that would be wonderful. People want to get married. They don't want to go home at 1030. Having the sound cut off at 9 on weeknights, it doesn't make sense. You're asking code enforcement to change the rules week in, week day. We can't have a wedding on a Sunday. So I would ask that we keep the sound within the 95C sound ordinance universal. And I would ask on weekends, you allow us to go a little later, as long as we're responsible. And I ask you to look at the sound study they did, or at least the one I know of was on my property. They took three different events. One of them had over, God, it was almost 200 people. I don't remember the exact number. Like this has been parsed out. So anyway, I... could go on forever and I'll stop but I thank you guys for time I thank you for listening to me if you have any questions now or after I'm happy to to answer them because like Glenn like this is what we're we're working really hard to make really beautiful spaces I mean that's what we're doing so that people can share lifelong memories I mean it's like a real it's a magical thing we're talking about you know it's not an ugly thing anyway thank you I'm sorry I went over thanks so much that's all I have madam chair

No. Okay. Seeing no more public comment, we'll go ahead and close the public hearing. Do we have any more questions of staff? Go ahead.

All right. So someone mentioned the possibility of having a seasonal entertainment zone. Is that maybe an additional permitting that can be issued by the city for residences that have that I GUESS INFRASTRUCTURE, LIKE THE BOGUE OF THE UNITED STATES, FOR EXAMPLE?

YEAH, SO I WANT TO ADDRESS THAT COMMENT BECAUSE IT SOUNDED LIKE A MISUNDERSTANDING OF THE REGULATORY ORDINANCE WE HAVE IN FRONT OF US FOR CHAPTER 4.28. 4.28, THE CUP THAT THEY WOULD LIKELY WANT TO GET, THAT'S A SINGLE APPLICATION, IT'S A SINGLE PUBLIC HEARING, AND THEN THEY GET A PERMIT THAT AUTHORIZES THEM TO RUN EVENTS going forward that are consistent with that permit. So attendance caps number per year, whatever other reasonable conditions, the planning commission imposed, they wouldn't need to come in for a permit for every single event that that's not what's being suggested. And so I think that what we have in front of them, and it could simply be that, you know, there's a lot there, uh, that particular individual hasn't had a lot of time with it just yet. Um, but I think that what they have in front of them is what they're looking for in principle, maybe not in any particular specific when you're talking about hours or attendance caps. We did consider, and I believe they're, you know, just like we talked about, having different hours during festival season. We also looked at like a festival zone was one of the things that we considered and discussed. And again, it just came off as unworkable in the sense that you're making things too complicated for people. So this property on this side of the street gets to do this and this property on the other side of the street doesn't. Where exactly is that line? What's the rational basis for separating those two? It made it extremely challenging. And so at the end, that's why we kept coming back to really fundamentally every property is unique. So the gentleman who came up and said, I have 14,000 square feet of indoor space. THAT WOULD GO TOWARDS THE ATTENDANCE CAPS THAT THE COMMISSION MAY WANT TO SET FOR THAT PARTICULAR PROPERTY. BUT THE NEXT ONE COMES IN AND THEY ONLY HAVE OUTDOOR SPACE. YOU'RE GOING TO TREAT THOSE TWO DIFFERENTLY AND THE REGULATORY YOU HAVE IN FRONT OF YOU GIVES YOU THAT FLEXIBILITY. OKAY. THANK YOU.

AND A COMMITTEE MEMBER MENTIONED OUTREACH AND OBVIOUSLY IT WAS PUBLICLY NOTICED. I GUESS AS FAR AS OUTREACH AND THOSE TOWN HALLS, HOW LONG HAVE THE TOWN HALLS REGARDING THIS TOPIC BEEN OCCURRING?

SO WE HAD A WORKSHOP WITH THE CITY COUNCIL ON THESE THREE ORDINANCES. IN GENERAL WE DIDN'T HAVE THE 90 PAGES READY BECAUSE WE DIDN'T WANT TO WRITE 90 PAGES AND THEN GET TOLD WE'RE GOING THE COMPLETELY WRONG DIRECTION, RIGHT? WE HAD A CITY COUNCIL WORKSHOP BACK IN MARCH. The mayor and the council member responsible for the district where this particular neighborhood is, there was a neighborhood town hall meeting with the police department, with the electeds, and I think with planning, which heard a lot of different topics, not just this. But the takeaway from that was the council saying, this needs to get moving. Like we've been studying this. Stephen, you've been writing this. get something to the Planning Commission. Let's not make the perfect the enemy of the good. And that's why you saw a lot of the feedback of, let's make sure that we're annually reviewing them and we have that review next year. Because I don't have a crystal ball. I don't claim to be perfect. We think that we have this locked down really well with the adjustments that the Commission and the Council want to have. I would also say that the planning commission making a recommendation today is not the final approval of this. The language you have here is not gonna be the final version. There will be at least two more meetings, public meetings at the city council level, regular city council meetings, including one noticed public hearing where this is discussed. Lastly, I would say on the notice, in addition to the agenda, this was noticed in the newspaper. FOR 10 DAYS AS WELL. I DON'T KNOW HOW MANY PEOPLE READ THE NEWSPAPER BUT WE LOVE THE NEWSPAPER. DON'T AT ME. BUT WE DID FOLLOW THOSE PROCEDURES AND THERE WILL BE MORE OPPORTUNITIES FOR PUBLIC COMMENT. WHAT I ANTICIPATE IS IF THE COMMISSION WAS TO MAKE RECOMMENDATIONS THAT WE TAKE THIS TO THE COUNCIL WITH YOUR THOUGHTS AND FEEDBACK AND RECOMMENDED CHANGES THE COUNCIL WOULD RECEIVE THAT THEY WOULD ALSO WE'RE GOING TO PUT THE PACKET OF ALL THE PUBLIC COMMENTS TOGETHER SUMMARIZE THE PUBLIC COMMENTS AND WE'RE GOING TO HAVE A FIRST READING AND THE COUNCIL IS GOING TO DO BASICALLY WHAT THE COMMISSION DID YOU'RE GOING TO YOU'RE GOING TO THEY'RE GOING TO SEE THE DRAFT THEY'RE GOING TO LISTEN TO YOUR RECOMMENDATIONS THEY'RE GOING TO LISTEN TO THE PUBLIC AND THEY'RE GOING TO PROCEED FROM THERE SO I RESPECTFULLY DISAGREE THAT THIS NEEDS MORE TIME. I THINK THIS HAS TAKEN A LOT OF TIME.

THANK YOU FOR SHARING THAT I DON'T BELIEVE ANYTHING IS PERFECT BUT I DO BELIEVE WE CAN MAKE PROGRESS TOWARD THINGS, PROGRESS OVER PERFECTION SO IT SEEMS LIKE THE CITY HAS MADE A LOT OF PROGRESS ON WORKING COLLABORATIVELY WITH DIFFERENT DEPARTMENTS TO ENSURE This is able to come into fruition and I really appreciate the fact that we're going to revisit it next year. So that way we can revisit it, figure out what's working, what's not working, and readjust and go from there. My last question would be if staff is hired to be security, for example, CODE ENFORCEMENT OR WHATEVER POSITION IS OUT THERE. I GUESS WOULD IT BE A POSSIBILITY FOR THEM TO HAVE DECIBLE READERS OR DO THEY HAVE THAT EQUIPMENT ALREADY SO THAT WAY THEY CAN SAY LIKE IF A NEIGHBOR IS CALLING WE CAN HAVE THE POLICE ON SITE SAY, WELL, I'M OUTSIDE THE PROPERTY AND IT'S AT 84 OR WHATEVER.

SO WHEN WE WERE DOING THE NOISE ORDINANCE, OBJECTIVE DECIBLE BASED ENFORCEMENT WAS ONE OF THE THINGS WE ANALYZED. And without going into the science and the legal issues that arise, it is fundamentally not as easy as everybody thinks. People think you hold up a stick, it gives you a number, and you say you're in violation. And it unfortunately doesn't work that way. It requires precisely calibrated equipment, a lot of training, And it's usually data that is taken over time to get a specific sound level. So we went with, we heard a little complaint, we heard a complaint from somebody that you have code enforcement standing outside and they're making a subjective judgment. But ultimately that is the most effective and defensible way of enforcing the noise ordinance. And remember, code enforcement has body worn camera. I've been through administrative hearings for noise violations with body-worn camera. It's really pretty simple. We put the tape in, hearing officer and everybody watches it, and it's one of those things where you know when something is a nuisance. You can tell.

Okay, thank you.

All right, thank you, thank you. I just wanna say thank you to the community stakeholders for being here. I know that you're also taking time away from your families on a Wednesday, so thank you for being here. We appreciate your comments. One of the things that I wanted to touch base is something that Commissioner Slater mentioned is that the outreach of this specific ordinance. I know you mentioned that the mayor and then the council member for that specific district had a meeting with the community which is great, but I feel that, and going based on what I heard, most of the comments that I heard today from the community is that they need to be more of these town halls or community outreach events so people can ask questions and then staff can implement that feedback into the ordinance. So I would like to include that into the recommendation, to have more of an interactive community meeting so everybody feels like they're a part of the process.

IF THAT'S ONE OF THE REQUESTS OF THE COMMISSION THAT WE INCLUDE, THAT CERTAINLY IS. I DO KNOW THAT IT WOULD LIKELY BE THE DIRECTION OF THE COUNCIL THAT IF THEY ADOPTED A DRAFT ORDINANCE ON THAT THEY WOULD DIRECT OUTREACH AND EDUCATION EFFORTS. BECAUSE WE CERTAINLY WOULD WANT TO MAKE SURE THAT WE GET WORD OUT TO ALL OF OUR STR LICENSE HOLDERS, ALL OF OUR PROPERTY OWNERS THAT HAVE APPLIED FOR THESE TYPES OF TUPS, MAKE SURE THEY ARE AWARE OF EXPECTATIONS GOING FORWARD. IN TERMS OF JUST GENERAL TOWN IN TERMS OF JUST GENERAL TOWN HALLS, THE CITY DOES TOWN HALLS HALLS, THE CITY DOES TOWN HALLS ON A REGULAR BASIS. ON A REGULAR BASIS. I KNOW THE MAYOR CERTAINLY MADE I KNOW THE MAYOR CERTAINLY MADE AN EFFORT OF GOING TO MANY OF AN EFFORT OF GOING TO MANY OF THE LARGER NEIGHBORHOODS THE LARGER NEIGHBORHOODS THROUGHOUT THE CITY OVER THE THROUGHOUT THE CITY OVER THE PAST YEAR AND LISTENING TO THE PAST YEAR AND LISTENING TO THE CONCERNS. CONCERNS. THESE PARTICULAR USES ARE NOT THESE PARTICULAR USES ARE NOT EVENLY DISTRIB So this is not on the radar of a fair amount of the city. It is on the radar for other areas, which see a lot more of the activity. And so I think that they've, you know, they've go to these town halls and the areas that are, that see more of the SCR activity, more of the events, it's a bigger topic of concern. It gets discussed more in other areas of the city. They have other concerns that they want to communicate with their elected officials and they want us to address. And so this is, you know, we can walk and chew gum at the same time as the saying goes. But I do know that the general direction I got from the city council was get this one done and then go work on all the other things we want you to do too. Because they've got quite a list for us here at the staff table.

I DON'T THINK IT'S READY TO GO TO CITY COUNCIL. I THINK THERE STILL NEEDS TO BE, THERE'S A LOT OF QUESTIONS, A LOT OF CONCERNS THAT WE HAD I THINK POTENTIALLY HYPOTHETICALLY MAYBE PRESENTING WHAT WAS DISCUSSED TO CITY COUNCIL BUT THEN COMING BACK TO THE PLANNING COMMISSION WITH A REVISED VERSION OF THIS. BECAUSE I THINK THERE IS A LOT OF CONCERNS, A LOT OF QUESTIONS AT LEAST WITH MYSELF. making recommendations on certain things that need to be changed and then not knowing what those changes are going to be and then having to go down to city council and seeing hey was that actually what we're looking at for or not looking for um and i'll let you answer that part before i continue uh thank you commissioner and you know the point's well taken uh as staff i see the process

from beginning to end. And I guess maybe I take it for granted that things sometimes come to the planning commission, you give feedback and then it disappears off into the ether and maybe you wonder what happened, right? I think that if the commission wanted to give recommendations on changes, and a recommendation to move forward to the council. I think one of those recommendations could be, can you please send us a copy of the final ordinance that the council adopts? And that can come after first reading and introduction. So there's a time period between first reading and second reading and adoption. WHERE IT COULD CONCEIVABLY COME BACK TO THE PLANNING COMMISSION SO YOU SEE THE FINAL PRODUCT THEY INTEND TO ADOPT. AND IF YOU WANT TO GIVE ADDITIONAL FEEDBACK, THERE'S NOTHING THAT WOULD PREVENT YOU FROM DOING THAT. WE JUST HAVE TO MAKE SURE WE TIME IT RIGHT.

I JUST THINK THAT ULTIMATELY IF THIS WERE TO GO THROUGH AND EVEN LET'S SAY SOME OF THESE RECOMMENDATIONS THAT GO TO CITY COUNCIL GO THROUGH OR DON'T GO THROUGH, RIGHT, DEPENDING ON THE VERBAGE, BUT I THINK THERE'S STILL SOME UNCERTAINTY WHERE HERE IN THE COMMUNITY THAT THOSE THAT ARE AFFECTED FROM THESE NOISE ORDINANCES EVENTS BUT THEN ALSO ON THE OTHER ASPECT OF THESE PROPERTY OWNERS THAT DO HAVE THESE EVENTS AND ARE HAVE ZERO COMPLAINTS ZERO ISSUES ZERO CITATIONS RIGHT WHERE WE'RE AFFECTING THEIR OPERATION AS WELL SO I SEE BOTH SIDES OF THE SPECTRUM TRYING TO ANALYZE IT PIECE BY PIECE RIGHT AND IT'S IT'S NOT EASY, IT'S A COMPLICATED PROCESS, YOU HAVE THREE ORDINANCES THAT WE HAVE TO SOMEWHAT GO ALIGN BUT THEY'RE SEPARATE, RIGHT? AND SO IT'S VERY HARD FOR ME TO RECOMMEND SOMETHING AT THIS POINT WITH NOT HAVING A CONCRETE, HEY, WE ALL DON'T HAVE ANY QUESTIONS AND NO CONCERNS. AND SO IT MAKES IT VERY HARD.

I think that certainly it's the commission's decision on whether to recommend or not recommend and it's not proper for me to insert my judgment on that. The only thing I would say is at the end of the day, it's the city council's burden to decide whether the language is appropriate and to approve it. The planning commission under the code and state law is to provide analysis and recommendations or concerns, right? And so if it's simply a concern that you're concerned about how the ordinance may treat EXISTING WELL OPERATING STRS I THINK IT WOULD BE APPROPRIATE TO SIMPLY COMMUNICATE THAT CONCERN TO THE COUNCIL ALONG WITH YOUR RECOMMENDATION ON THE REST OF IT SO THAT THEY CAN TAKE THAT INTO CONSIDERATION WHEN THEY DECIDE WHAT TO DO SO THAT YOU KNOW IF YOU'RE LOOKING TO ME FOR A RECOMMENDATION IT WOULD BE NOT TO CONTINUE THIS OR DELAY IT BUT RATHER TO SIMPLY NOTE THOSE AREAS WHERE YOU HAVE THOSE AREAS WHERE YOU HAVE CONCERNS THAT YOU DON'T HAVE CONCERNS THAT YOU DON'T HAVE YOU DON'T THINK ARE FULLY YOU DON'T THINK ARE FULLY ADDRESSED SO THAT THEY CAN NOTE ADDRESSED SO THAT THEY CAN NOTE THAT AND THEY CAN SEE HOW THEY THAT AND THEY CAN SEE HOW THEY WANT TO ADDRESS IT AND WE CAN WANT TO ADDRESS IT AND WE CAN CERTAINLY BRING BACK THE FINAL CERTAINLY BRING BACK THE FINAL PRODUCT TO THE PLANNING COMMISSION PRODUCT TO THE PLANNING COMMISSION SO THAT YOU KNOW HOW IT ENDED SO THAT YOU KNOW HOW IT ENDED AT THE END OF THE DAY. AT THE END OF THE DAY.

APPRECIATE IT. APPRECIATE IT. OKAY. OKAY. HOLD ON. HOLD ON. I HAVE A COUPLE OF COMMENTS. I HAVE A CO OKAY, AND I THINK THIS CONVERSATION HAS BEEN TAKING PLACE BECAUSE OF THE EVENT OVERLAY CONVERSATION THAT PROBABLY HAS BEEN TAKING PLACE FOR QUITE A LONG TIME. THIS SPECIFICALLY ONLY IMPACTS RESIDENTIAL, NOT COMMERCIAL OPERATORS, IS THAT CORRECT?

SO THIS AFFECTS EVENTS THAT ARE BEING HELD IN RESIDENTIAL ZONES. IT DOES NOT APPLY TO COMMERCIAL OR INDUSTRIAL ZONES IN THE CITY.

OKAY. All right, so I think one of the concerns I'm hearing from the community is that if a home within a residential zone is solely a commercial space, it's not a place people live, it's more like, like we talked about the hotel, right? Like a smaller hotel. And I'm not sure, I'm sure this has been discussed. I know this has been going on for a very long time. Could there be another, I don't wanna say another ordinance, we have a lot of ordinances, but something to define a commercial event space even if it happens to be within a residential zone? And would that be beneficial versus or not? And I'm not sure, this is just something that was stuck in my head during the conversation. Or we're tying this solely to This is in a residential zone, so whether it is rented once or twice or three times or 30 times a year, these rules are gonna apply. But when they come for their specific permit, whether it's an, let's say it's a conditional use permit because they hit all those triggers, that's when we're gonna get the opportunity to say, This property has 14,000 square feet of space. So there's gonna be some rules designed around each specific conditional use permit, right? So it isn't like we're gonna blanketly, this is just blanket across for everybody. Each permit, when it comes back to us, will have rules based on each individual property, right? Whether they're on septic, whether they're 10 acres, whether they're six acres. So I almost feel like, SOMETIMES WHEN I READ THINGS I THINK THIS IS LIKE EVERYTHING. THIS IS LITERALLY THE BEGINNING OF THIS ORDINANCE AND THEN EACH CONDITIONAL USE PERMIT WILL ADDRESS EACH PROPERTY INDIVIDUALLY. AM I RIGHT OR AM I TOTALLY ON SOME OTHER PLAN?

YOU NAILED IT. THAT IS CORRECT. Okay. And the reason for that, as we've kind of discussed, is frankly, every property is unique. Right. Where's the structure? How big is it? Where's the parking? Where's the other sensitive uses like residential structures?

Right.

We can't write an ordinance that addresses every conceivable scenario. AND SO WHAT YOU HAVE HERE IS YOU HAVE A DISCRETIONARY PERMIT, A PUBLIC HEARING, NOTICE TO THE PUBLIC, THE COMMISSION LOOKS AT ALL THOSE THINGS AND HAS THE AUTHORITY TO CRAFT REASONABLE CONDITIONS OF APPROVAL FOR THAT PARTICULAR PROPERTY THAT ARE ENFORCEABLE.

CORRECT. AND THEN THAT PERMIT IS A ONE-TIME PERMIT THAT IS NOW PART OF THE PROPERTY AND THE PARCEL, THE LAND. SO IF THEY SOLD THE LAND, THAT with it, right? It would. As long as there is no violation or it hasn't been, you know, removed or whatever.

There is a suspension and revocation process. Right. But it would go with land, just like every other conditional use permit. Correct. It's attached to the property. That the Planning Commission awards. Okay.

CHAIR, COULD I JUST ADD ONE ITEM, BECAUSE I KNOW IT'S IN THE ORDINANCE, I JUST WANT TO CLARIFY. WE DO HAVE MIXED USE ZONES AS WELL. SO THERE IS AN INSTANCE, INSTANCES WHERE YOU HAVE AN EVENT THAT'S IN A MIXED USE ZONE. WE CAN EITHER, CORRECT ME IF I'M WRONG, STEPHEN, WE CAN EITHER APPLY THIS NEW ORDINANCE, 428, OR WE CAN APPLY REGULATIONS THAT ARE IN THAT MIXED USE ZONE. THE MIXED USE ZONES ARE MIXED USE NEIGHBORHOOD, We have neighborhood center, midtown, and downtown. So some of those zones, those designations do allow residential uses. So if that residential use is going to have an event, under my purview, I would either apply the regulations that are in the mixed use zone, or I would apply this new section that's before you this evening. So that is captured in that ordinance that we presented this evening.

Okay, so what I'm hearing is that this has been discussed for years, if not a decade, maybe longer. I don't know, I think I'm getting older every day. So what the council is looking for is basically for us to say, is this good enough to start this conversation? You heard things that we've already said we are concerned with. The council will then take what you've written and address our concerns, draft the final ordinance, there will be another LOOK BACK PERIOD FOR THE PUBLIC TO COME BACK AND SAY WAIT A MINUTE THIS ISN'T WHAT WE WANT AND THEN EVERY YEAR THERE'S GOING TO BE A LOOK BACK ON THIS TO MAKE SURE THAT AS WE EVOLVE IT'LL CHANGE OF COURSE BECAUSE EVERYTHING CHANGES SO THE ORDINANCES DRAFTED WOULD REQUIRE A ONE-YEAR REPORT IN END OF SUMMER 2027 AND DEPENDING ON HOW THAT GOES THERE COULD BE FUTURE REPORTS OR THE COUNCIL COULD SAY YOU KNOW WHAT

WE GOT IT. WE GOT OTHER THINGS TO DO SO WE GOT OTHER THINGS TO DO SO WE'RE GOING TO MOVE ON. WE'RE GOING TO MOVE ON. I ANTICIPATE THERE WILL BE SOME I ANTICIPATE THERE WILL BE SOME CORRECTIONS. CORRECTIONS. WE ARE CONSTANTLY LEARNING. WE ARE CONSTANTLY LEARNING. YOU LOOK AT OUR NOISE ORDINANCE YOU LOOK AT OUR NOISE ORDINANCE THAT WE'RE RECOMMENDING CHANGES TO, THAT WE'RE RECOMMENDING CHANGES TO, THAT THING HAS BEEN WITH THE CITY FOR

Maybe not that long. Maybe 30 years.

I'm sorry. It feels like a long time. But we're always updating our ordinances because the city changes. The world changes. So I have down as... POTENTIAL COMMISSION RECOMMENDATION IS TO ADOPT THE RESOLUTION RECOMMENDING THE APPROVAL OF THE ADDITION OF CHAPTER 4.28 AND RECOMMENDING THAT THE COUNCIL HAVE A FUTURE DISCUSSION ON INVESTMENT LEVEL OWNERS OF STRS AND WHAT THEIR EFFECT IS ON THE CITY LOOKING AT SETBACKS THIS CAME FROM COMMISSIONER SANTOS LOOKING AT SETBACKS FROM DENSER HOUSING ZONES THIS CAME FROM THE WHOLE COMMISSION, EXPLICITLY EXEMPTING FAMILY GATHERINGS AND OTHER SIMILAR TYPE GATHERINGS. NUMBER FOUR, AND THIS CAME FROM COMMISSIONER SLATER, ADDING A MATRIX THAT EXPLAINS THE DIFFERENT TIERS AND THE LEVELS. AN ANNUAL REPORT TO THE PLANNING COMMISSION IN ADDITION TO THE ANNUAL REPORT THAT THE COUNCIL IS LOOKING FOR. CONSIDERING A HEIGHTENED EXCEPTION LEVEL ON TIER ONE CONSIDERING A HEIGHTENED EXCEPTION LEVEL ON TIER ONE FROM 40 TO PERHAPS 60 OR 50 FROM 40 TO PERHAPS 60 OR 50 FRIDAY AND SATURDAY EVENTS FRIDAY AND SATURDAY EVENTS ENDING AT MIDNIGHT INSTEAD OF ENDING AT MIDNIGHT INSTEAD OF 11 PM AND A REQUEST THAT 11 PM AND A REQUEST THAT THE FINAL ORDINANCE AFTER FIRST THE FINAL ORDINANCE AFTER FIRST READING COME BACK TO THE PLANNING READING COME BACK TO THE PLANNING COMMISSION AS A RECEIVING FILE COMMISSION AS A RECEIVING FILE YOU CAN RECEIVE IT AND IF THERE YOU CAN RECEIVE IT AND IF THERE ARE ANY OTHER NOTES THAT THE ARE ANY OTHER NOTES THAT THE COMMISSION HAS

any other questions and this would be a question for staff but also to the rest of the commissioners up here of potentially i know we have a very interactive map throughout the city that we use or app i would say but potentially listing, hey, these are all the approved CUPs, AUPs on that, right? That way they can't, it's almost like a notice potentially as well for the fellow residents that, hey, it's approved, right? But two, the aspect of potentially if somebody were to come and apply, and now let's say, if I own a property and I come and apply, CREATING A MASTER PLAN BASICALLY LOOK SAYING IF I WERE TO HAVE TO THE FULL EXTENT OF WHAT I CAN AND USE THE FULL PROPERTY THIS IS AS MUCH AS I CAN DO AND THEN KIND OF CREATE DIFFERENT PLAN A PLAN B PLAN C DEPENDING BECAUSE EACH EVENT'S A LITTLE DIFFERENT RIGHT AND BASICALLY JUST LISTING EVERYTHING BECAUSE I THINK THE WAY IT'S WRITTEN RIGHT NOW IS WELL IF THEY COME AND PROPOSE THIS but then they slightly deviate because of different sizing or this, this, and that. Now they're going to have to come back to the planning to get another CUP or an amendment potentially versus just saying, hey, plan A, plan B, plan C. And each event or property owner that hosts these events knows, hey, this is what it takes for this type of level and that level, right? And potentially just listing everything on ones and be done.

SO I WOULD ADD IF THAT WAS THE SO I WOULD ADD IF THAT WAS THE COMMISSION'S CONSENSUS I WOULD COMMISSION'S CONSENSUS I WOULD ADD IT AS ADD AN ONLINE PORTAL ADD IT AS ADD AN ONLINE PORTAL WITH INFORMATION ON PERMITS. WITH INFORMATION ON PERMITS. THAT'S A GREAT IDEA. THAT'S A GREAT IDEA. IT WILL BE GREAT FOR ME BECAUSE IT WILL BE GREAT FOR ME BECAUSE IT WILL BE AN EASY PLACE FOR ME TO FIND AN EASY PLACE FOR ME TO FIND THESE DOCUMENTS WHEN I NEED THEM AND THEN ALLOW FOR SOME FLEXIBILITY IN THE ACTUAL IMPLEMENTATION OF THE EVENTS. THAT'S SOMETHING THAT WE USUALLY DELEGATE TO THE COMMUNITY DEVELOPMENT DIRECTOR IF THERE'S A NEED FOR A MINOR MODIFICATION THAT DOESN'T INCREASE THE EFFECTS. USUALLY THE COMMUNITY DEVELOPMENT DIRECTOR HAS SOME FLEXIBILITY THERE. WE COULD EXPLICITLY ADD SOME LANGUAGE TO THAT EFFECT TO THE ORDINANCE IF NEEDED. THAT WOULD BE MY REQUEST.

JUST BECAUSE OF WHAT YOU COMMENTED ON, I THINK THE Maybe the plan is that a business operator would come and say, I have this property, and if I was the mis-owner, I'd probably wanna get what's the maximum I can do, right? And then they would get a permit to whatever their maximum size of event they would normally host, and then everything else would just fall into that one permit. So they shouldn't hopefully have to come for modifications often, unless they're going from a normally only handled a tier and now they're going to start doing Tier 3, then they may want to come and do it. But if a property is X size, they know how big of an event they can handle on that size. And I would assume most people would ask for the permit for the maximum that they might or normally use an event. That way, hopefully, I agree with you. I don't want people having to come back all the time. So I'm hoping that when this gets laid out, when they come before us, this is my property. HOPEFULLY STAFF WILL HELP THEM DESIGN WHAT IS THE LARGEST EVENT YOU COULD MANAGE ON YOUR PROPERTY AND THAT'S WHAT THE PERMIT HOPEFULLY BECOMES ATTACHED TO.

I'LL GIVE YOU AN EXAMPLE OF WHERE A MINOR MODIFICATION MIGHT BE APPROPRIATE. SAY THAT YOU HAVE AN APPLICATION COMES IN AND PART OF THE APPLICATION IS THEY HAVE TO DESIGNATE A PARKING AREA. on the property but suppose that they need to have some work done and so there's some construction work you know sometimes you got to dig trenches to get to things and so part of the parking lot is unavailable they might ask for a modification that can be over the counter that says hey can we get some new shuttles instead of the parking lot to bring people in or can we park people on this section of the property I think that's kind of what we're looking for and I think it'd be perfectly appropriate for them as part of the application to offer DIFFERENT SCHEMATICS OR PLANS, BUT I THINK TO YOUR OVERALL POINT, I THINK HAVING SOME COMMON SENSE LEVEL FLEXIBILITY WOULD ADDRESS SOME OF THESE THINGS THAT COME UP BECAUSE WE WOULDN'T WANT TO BE OUT THERE EXPENDING ENFORCEMENT RESOURCES ON THINGS THAT AREN'T ACTUALLY CAUSING PUBLIC NUISANCES.

Yeah, and I just used an example of one of the community members that came up and talked where, again, they can be having an event of 200 people and doesn't require security, right? But the CUP says 200 people requires some type of event staff or PD or court enforcement. So I just want to make sure that we don't, put a burden on these operators that, hey, this is what it is. And now we're letter of the law versus the spirit of the law. So I just want to make sure that ultimately when they do come and apply that, hey, apply for the max, city staffs assist in applying that. And then basically be giving the option of, okay, here are the other options within that CUP.

I think that makes sense and I think that the planning commission will also have the opportunity when you have a conditional use permit application come forward you know you'll have an applicant says look here's my layout here's my security plan here's when I think I need security and here's when I think I don't and then it would be up to the commission to hear the police department's recommendation hear the public and your own discretion and decide how you want to impose that condition.

Yes, I just feel personally that, look, we have been here for like two hours and a half, right? So many questions, so many scenarios. I just feel that it's rush, that like it would be a disservice to the community that we give this recommendation to city council and then for the, I mean, I know you said that the community have an opportunity to go to city council meeting and then address those questions but that's like a more formal like meeting kind of thing like having like more community outreach with the specific like i'm not talking about not even like the whole city just the specific vendors like they have the strs like um applicants like people that are actually care about this issue i think as a city i think it's best i think it would be or we have to offer that like more like community, let's talk about it, let's see what your ideas are, and let's not rush this thing, because there's so many questions that we have, and we're not even in the business. This is not what we do for a living. SDRs, people, they actually do this for a living, and they might probably have other questions that we haven't even asked here. giving this to the city council, I just feel there's a little rush, especially that I feel personally that the community, the specific stakeholders have a chance to kind of have interact and kind of get their feedback so that feedback can be put into the ordinance.

I have some comments. So if this were to move on from us to council, when would this potentially be going to city council?

So we can look at scheduling this for the first public hearing at the August 19th meeting. So that's approximately a month from now. It would be a notice public hearing. So we would have the newspaper notice as well. And then second reading would likely be at the September 16th. MEETING AND IT WOULD GO INTO EFFECT MID-OCTOBER. SO JUST IN TERMS OF TIMING, IF THE COMMISSION WAS TO MAKE A RECOMMENDATION THAT THIS BE APPROVED TO THE CITY COUNCIL, YOU'RE LOOKING AT 30 DAYS BEFORE THEY HEAR IT AND THEN APPROXIMATELY 60 DAYS FROM THEN BEFORE IT GOES INTO EFFECT.

OKAY. THANK YOU. SO NOW IF JUST SIDE NOTE, SO IF SOMEONE APPLIED FOR THE CUP FOR THEIR EVENTS, THAT WOULD BE VALID FOR A YEAR AND IT WOULD BE REVISITED AT THE END OF THE YEAR?

SO CONDITIONAL USE PERMITS ARE VALID UNTIL REVOKED.

OKAY.

OR ABANDONED.

AND SO IF THEY APPLY FOR CONDITIONAL USE and they identify like, hey, we're having six events this year, would they need to inform their neighbors of each specific event, like at least once, or would they need to just say, hey, we're having events on so-and-so dates and we already have our permits for that?

so we did not set a specific notification requirement in the ordinance but one of the standard conditions that is suggested for the commission when you approve the permit is to decide based on that specific property and their proposal what the notification requirements would be so if for example you have a 20 acre property no one's around PROPERTY, MAYBE YOU DON'T NEED TO SEND OUT NOTICE MAYBE YOU DON'T NEED TO SEND OUT NOTICE EVERY SINGLE TIME. EVERY SINGLE TIME. BUT IF YOU HAD A PROPERTY THAT BUT IF YOU HAD A PROPERTY THAT WAS NEARBY SOME RESIDENTIAL WAS NEARBY SOME RESIDENTIAL STRUCTURES, MAYBE YOU WOULD STRUCTURES, MAYBE YOU WOULD WANT TO MAKE SURE FOR EVERY WANT TO MAKE SURE FOR EVERY EVENT THAT'S IN TIER 2 THAT EVENT THAT'S IN TIER 2 THAT THEY'RE SENDING OUT A LETTER TO THEY'RE SENDING OUT A LETTER TO THEM AT LEAST A WEEK IN ADVANCE THEM AT LEAST A WEEK IN ADVANCE GIVING THEM THAT NOTIFICATION.

GIVING THEM THAT NOTIFICATION. SO THAT FLEXIBILITY IS WITH THE SO THAT I'm getting kind of the sentiment that there needs to be more questions asked, and some community members mentioned that there's other impacts that need to be studied. I guess, could you explain to me, like I'm five, what these other additional impacts that need to be studied would be?

WELL, I DON'T WANT TO SPEAK FOR THE PUBLIC. OBVIOUSLY, STAFF BELIEVES THAT WE HAVE ADDRESSED ALL REASONABLY FORESEEABLE ISSUES THAT WE'RE ATTEMPTING TO ADDRESS WITH THE ORDINANCE. I THINK THAT WE, I THINK SOME OF THE MEMBERS, THEY HAVE A SPECIFIC PROPERTY OR SPECIFIC ISSUE IN MIND WHEN THEY'RE LOOKING AT THIS. AND THEY HAVE A LOT OF QUESTIONS. AND THAT'S FAIR. THIS SETS UP THE PROCESS FOR ADDRESSING THOSE QUESTIONS, RIGHT? SO THERE'S A PUBLIC HEARING BEFORE THE PLANNING COMMISSION ON THAT PARTICULAR PROPERTY. SO IF YOU WERE TO ASK ME HOW ARE WE GOING TO HANDLE PARKING, THAT'S GOING TO DEPEND ON THE PROPERTY THAT'S BEING PROPOSED. AND THEY WILL HAVE TO SUBMIT A PARKING PLAN TO THE PLANNING COMMISSION THAT WILL BE PART OF THE BACKUP THAT WE WILL HAVE UP ON THE SCREEN. And so I think that there's maybe this fear of the unknown that's coming up here, but what we're talking about is a public transparent process in the future for those applications.

Okay, thank you. And I guess my last question for you, Stephen, would be if hypothetically this item wasn't RECOMMENDED BY THE PLANNING COMMISSION TONIGHT. WOULD IT DELAY IT GOING TO CITY COUNCIL? IT WOULD. OKAY. AND THEN WHAT WOULD THOSE DATES POTENTIALLY BE I GUESS AND HOW MUCH OF AN EXTENSION WOULD REALISTICALLY BE NEEDED TO I GUESS SATISFY COMMISSIONER QUESTIONS AND CONCERNS AS WELL AS COMMUNITY CONCERNS?

So I've heard the concerns from the committee. I've attempted to address them as best I can. It would depend specifically on what the commission wanted additional information on. That would dictate how long it would take to get that back. What I can tell you is that because of California law on the process for adopting an ordinance, first reading, second reading, 30 days until it goes into effect, And because as you listened to your planning director or community development director telling you how long it would take to process those applications, if the planning commission was to give the recommendation today, I'm reasonably confident that we would be able to have the necessary public hearings by January of 2027. So these permits could be in effect for festival season 2027. If we delay this now, we're pushing that timeline and I'm no longer confident that this regulatory process will be in place for festival season 2027, which means that instead of having public hearings where each property is analyzed for their impacts and conditions are imposed by the planning commission, what you're gonna have is you're gonna have over the counter temporary use permits issued by the community development director. WHICH WHILE A PROCESS THAT I THINK THE COMMUNITY DEVELOPMENT DIRECTOR HAS DONE A VERY GOOD JOB WITH, NEVERTHELESS WE HAVE RECEIVED A LOT OF CONCERN ABOUT PUBLIC PARTICIPATION IN THAT PROCESS.

I JUST WANTED TO ADD A COUPLE THINGS. SO SOME OF THE DETAILS AND SOME OF THE COMPLAINTS OR CONCERNS, THOSE CONCERNS ARE GOING TO PLAY OUT IN THAT PERMITTING PROCESS. SO THIS IS LIKE THE CITY ATTORNEY SAID, IT LAYS OUT THE GROUNDWORK. kind of the baseline of what is expected when someone wants to do these events so when they apply for the admin CUP or the CUP that allows staff to customize those conditions of approval to address concerns that we know that we've already heard from the public this is we've been working on this for a very long time and so those conditions will now apply so I do feel it's premature right now maybe to stall this because that's going to play out in those specific entitlements that go with that property. I agree, it's not a one size fits all, but at the same time when those entitlements come in, you'll be able to condition it. The concerns from the community and that particular property will be expressed at the hearing and then we will condition it appropriately. And I just wanted to also remind you that there's ongoing reporting and neighborhood or neighbor notification requirements. So again, it's like a continuous process where the neighbors are being notified and there's that interaction with the neighborhood and they're not being ignored And in addition, all those comments that we received, those are going to be before the City Council when this eventually goes to them, so they can also make additional changes to what's been drafted tonight. So I just wanted to maybe give you a little bit of comfort that some of these issues are gonna play out later in those separate entitlement approvals. Or potentially denied if at that time the Commission feels that this is not appropriate for that particular property.

Just, I think it'll be five seconds. In regards to either tier one, tier two, tier three, right? Admin CUP or the CUP, right? CUP does not have a limit on how many events, correct?

IT DOES BUT ALSO ALLOWS YOU THROUGH THE CUP TO APPROVE MORE, CORRECT?

SO THE LANGUAGE OF THE ORDINANCE AS IT IS DRAFTED ALLOWS THE PLANNING COMMISSION DURING THE CUP PROCESS TO SET ATTENDANCE AND NUMBER OF EVENTS LIMITS. SO HAVE I PRESCRIBED THEM FOR YOU? I HAVE NOT. And again, I think that that is going to depend on the specific property. You're gonna look at the property, you're gonna look at the application, and you're gonna say, you know, based on these factors, we think that the only way we can make the required findings is if we limit the number of events to 10 per year. But that may not be the case for another property, which is, like I said, 20 acres, it doesn't have anything around it. So that is something that you're going to have the opportunity to review and make a decision on.

Is there any legality aspects where, hypothetically speaking, if I say 10 for this one, 8 for that one, half a mile away, any legality aspects that we're putting the city on?

SO I WILL TELL YOU THE SAME SO I WILL TELL YOU THE SAME THING I TELL THE CITY COUNCIL THING I TELL THE CITY COUNCIL IS ANYONE CAN SUE US FOR IS ANYONE CAN SUE US FOR ANYTHING. ANYTHING. WHETHER THEY CAN WIN THAT'S A WHETHER THEY CAN WIN THAT'S A DIFFERENT QUESTION. DIFFERENT QUESTION. YOU NEED TO HAVE YOUR DECISIONS YOU NEED TO HAVE YOUR DECISIONS THEY NEED TO HAVE A RATIONAL THEY NEED TO HAVE A RATIONAL BASIS AND THEY NEED TO BE BASIS AND THEY NEED TO BE SUPPORTED BY FINDINGS. SUPPORTED BY FINDINGS. THAT'S MY JOB AND YOUR THAT'S MY JOB AND YOUR DIRECTOR'S JOB TO MAKE SURE YOU DIRECTOR'S JOB TO MAKE SURE YOU HAVE THOSE. HAVE THOSE. IF YOU DON'T HAVE THOSE WE'RE IF And so, you know, the contemplation is that the Planning Commission will look at the application, the evidence, the testimony you have in front of you, and make an appropriate call. If for some reason you are out in left field, I will let you know.

Okay, and would it be at all a possibility for you to bring this back with all of the recommendations like the family events and EVERYTHING THAT WE DISCUSSED TODAY THAT YOU ADDED TO YOUR NOTES TO THE COMMISSION MEETING ON THE 12th SO WE CAN REVIEW THAT PRIOR TO IT GOING TO THE COUNCIL ON THE 19th?

SO WE COULD BRING IT TO YOU ON THE 12th. HOWEVER, WE HAVE TO PROVIDE 10 DAYS PUBLIC NOTICE FOR THE PUBLIC HEARING AT THE CITY COUNCIL. and we have to have the staff report prepared because it gets published. And that includes the recommendation resolution from the commission. I'm not opposed to bringing it back. I think I see that with the commission. If I could, my recommendation would be to adopt the resolution with your concerns and recommended changes and include in there that we will bring it back on the 12th. AND FOR ADDITIONAL COMMENT, AND WE CAN INCLUDE THAT ADDITIONAL COMMENT AS A SUPPLEMENTAL TO THE STAFF REPORT ON THE 19th, BUT THAT WOULD ENSURE THAT WE'RE ABLE TO DO THE PUBLIC NOTICE WE NEED TO DO, AND THAT WE'RE NOT NECESSARILY DELAYING THE REGULATORY PROCESS FROM GOING FORWARD.

OKAY, THANK YOU.

Okay, I think we've deliberated for a few minutes. Do I have a motion at this point from anyone?

I'll make a motion to continue the item on the grounds that we haven't had enough community and operator input.

I'll second that motion.

Okay, we have a first and a second. Can we get a vote, please?

Before we do that, my screen went black.

Okay, I'll do roll call. Okay, yes. Commissioner Slater?

Aye.

Commissioner Scarborough-Eckel? Aye. Commissioner Santos?

Aye.

Vice Chairperson Ortiz?

Aye.

Chairperson Frans?

No.

Okay, motion carries 4-1.

I GUESS WE'LL SEE YOU THIS BACK I GUESS WE'LL SEE YOU THIS BACK IN A COUPLE OF WEEKS AND IN A COUPLE OF WEEKS AND HOPEFULLY IT DOESN'T DELAY IT HOPEFULLY IT DOESN'T DELAY IT TOO FAR. TOO FAR.

I'LL BE BACK. I'LL BE BACK. I ASSUME YOU WANT TO SEE THE I ASSUME YOU WANT TO SEE THE CHANGES THAT THE COMMISSION CHANGES THAT THE COMMISSION TALKED ABOUT. TALKED ABOUT. OKAY. OKAY. WE'LL MAKE THAT HAPPEN.

WE'LL MAKE THAT HAPPEN. AND IF NEEDED, WOULD IT BE AND IF NEEDED, WOULD IT BE POSSIBLE TO HOLD A SPECIAL POSSIBLE TO HOLD A SPECIAL MEETING FOR THIS AGENDA ITEM? MEETING FOR THIS AGENDA IT

SO THE MOTION WAS SIMPLY TO CONTINUE IT TO THE NEXT CONTINUE IT TO THE NEXT MEETING. MEETING. SO WE CAN CERTAINLY WORK WITH SO WE CAN CERTAINLY WORK WITH STAFF TO PULL THE COMMISSION AND STAFF TO PULL THE COMMISSION AND SEE IF YOU HAVE AVAILABILITY SEE IF YOU HAVE AVAILABILITY AT AN EARLIER DATE. AT AN EARLIER DATE. I DID WANT TO MAKE SURE WE HAVE I DID WANT TO MAKE SURE WE HAVE IN THE RECORD THAT WE'RE IN THE RECORD THAT WE'RE HOLDING THE PUBLIC HEARING. HOLDING THE PUBLIC HEARING. YOU CLOSED THE PUBLIC HEARING, YOU CLOSED THE PUBLIC HEARING, CORRECT? CORRECT? YES. YES. WE'RE CONTINUING FOR WE'RE CONTINU

Okay.

Okay.

All right, first of all, thank you to staff. I know this has been going on for quite a long time. Thank you for the community members that came and have sat with us through this entire adventure. I want you all to know we hear you, residents and operators both, and I do think that creating a path forward is very valuable, so I do not want to see this being dragged out for a very long period of time. We'll see you back in two weeks and maybe we can move forward from there, but thank you. We'll go ahead and move on to item number six, commissioner comments. Do we have any?

Nope, okay.

All right, director's report.

Yes, I have a few items.

Thank you.

So I couldn't remember if I brought up last time, but we actually have an intern in the Community Development Department. Her name is Jennifer Garcia. She's specifically in our housing division. We're planning building safety housing. So if you're at City Hall and you want to meet her, her name is Jennifer Garcia. We're very proud to have her here. And she was introduced last week to the City Council. The next meeting, in addition to that you just heard, we will also have the Grand Marketplace Phase 2. Phase 1 is under construction right now in front of the old mall, so Phase 2 will be on the August meeting. That's August 12th. And we also will have a presentation. You haven't received a presentation on our efforts for our annexation project, the East Indio Employment Corridor Annexation Project. So we're going to give a presentation on that, but kind of bring you up to speed what we've been doing over the last year or so. And then lastly, I just wanted to let you know that the Madison Point project was approved by the City Council. We worked very hard and worked, I think, very well with the applicant and other agencies to get the information to the council they needed that was approved for that new shopping center off of Madison Highway 111. And then lastly, the council did approve a extend the moratorium on data centers but in addition they directed staff to amend the code and or general plan to do a city-wide band on data centers so that does conclude the director's report thank you

Thank you. If there's nothing else, I'd like to thank everyone for their time tonight, and the meeting is adjourned to our next regularly scheduled meeting of August 12th. Thank you very much, good night.

Thank you.