City of Indian Wells, CA GENERAL REGULATIONS

Purpose. The Council may amend the General Plan of the City of Indian Wells whenever required by public necessity and general welfare.

Hearings and Notice. Upon receipt in proper form of a General Plan Amendment application, or direction of the City Council, and following Planning Department review, hearings shall be set before the Planning Commission and City Council. Notice of the hearings shall be given pursuant to the requirements of Section 21.06.100 (Public Hearings).

Commission Action on Amendments. The Planning Commission shall hold at least one (1) public hearing and shall make a written recommendation on the proposed amendment whether to approve, approve in modified form, or disapprove the General Plan Amendment application by resolution based upon the findings contained in subsection (e).

The Clerk of the Planning Commission shall forward the Commission's recommendation to the City Council for review and approval pursuant to the requirements of Section 21.06.100 (Public Hearings)

Council Action on Amendments. Upon receipt of the Planning Commission's recommendation, the City Council may approve, approve with modifications, or disapprove the proposed amendment based upon the findings contained in subsection (e). Amendments to the General Plan Land Use Plan (i.e., Map) shall be adopted by resolution. Amendments to the text of the General Plan shall be adopted by resolution.

Findings. An amendment to the General Plan may be adopted only if all of the following findings are made:

The proposed amendment is internally consistent with the General Plan; and

The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and

The proposed amendment would maintain the appropriate balance of land uses within the City; and

In case of an amendment to the General Plan Land Use Plan (i.e., Map), the subject parcel(s) is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation(s) and the anticipated land use developments(s).

(Ord. 307 § 2, 1997)

§ 21.06.020 Zone Change.

General. The following procedures shall be used whenever changes are requested in land use categories, neighborhood boundaries, overlay districts, land use regulations, or development standards. Special development requirements for neighborhoods or areas within a neighborhood may be added or amended through the Zone Change procedures. A Zone Change may be initiated by the City Council, Planning Commission, or property owner. An application for a Zone Change may be filed concurrently with an application for a Specific Plan but shall be approved only after the Specific Plan has been approved. Tentative Maps and Conditional Use Permits may be processed concurrently with a Zone Change.

Application Requirements.

The following information is required for all Zone Change applications:

A completed application form;

A deposit/fee as required by City Council resolution;

Proposed changes to the text, if applicable;

A Statement describing the consistency of the proposed zoning with the applicable Master Development Plan or Specific Plan or the General Plan. If a General Plan Amendment is being processed concurrently, the Statement shall discuss the consistency of the proposed Zone Change with the proposed General Plan Amendment;

Information required for a public hearing (See Section 21.06.100);

An environmental application; supplemental documents may be required and may or may not be prepared by City staff at the discretion of the Director of Community Development; and

Other information as required by the Director of Community Development.

The following additional information is required for all Zone Change applications requesting a change in land use category, overlay district boundaries or neighborhood boundaries:

The proposed map drawn to the same scale as the existing zoning maps; and

A statistical analysis providing applicable information such as acreage, maximum dwelling units and Floor Area Ratios (FAR).

Hearings.

The Planning Commission shall hold at least one (1) public hearing and shall recommend approval, modified approval, or denial of the Zone Change request to the City Council by resolution based on the findings in Section 21.06.020(d).

The City Council shall hold at least one (1) public hearing and shall approve or approve in modified form the Zone Change request by ordinance based on the findings in Section 21.06.030(d), or shall deny the request.

Findings. The following findings must be made to approve a Zone Change request:

The proposed Zone Change is consistent with the City of Indian Wells General Plan or any amendment approved concurrently with the Zone Change.

The proposed Zone Change is consistent with the intent and objectives of this Zoning Code.

The proposed Zone Change is consistent with any applicable area Master Development Plan or Specific Plan.

The proposed Zone Change is in the best interests of the health, safety and welfare of the community.

Adequate sewer and water lines, utilities, sewage treatment capacity, drainage facilities, police protection, fire protection/emergency medical care, vehicular circulation and school facilities will be available to serve the area affected by the proposed Zone Change when development occurs.

Interim Ordinances. Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the City Council, to protect the public safety, health and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan, or zoning proposal which the City Council, Planning Commission or the planning department is considering or studying or intends to study within a reasonable time. The urgency measure shall require a four-fifths (4/5) vote of the City Council for adoption. The interim ordinance shall be of no further force and effect one hundred eighty (180) days from its date of adoption. After notice and public hearing, the City Council may extend the interim ordinance for one year. Any extension shall also require a four-fifths (4/5) vote for adoption. Not more than two extensions may be adopted.

(Ord. 540 § 2, 2003; Ord. 387 § 1, 1996)

§ 21.06.030 Master Development Plans and Specific Plans.

Purpose and Intent.

The intent of the Master Development Plan and Specific Plan requirement is to provide for the resolution of planning area or project-related issues by providing for a discretionary review of certain types of developments by the Planning Commission and City Council. The issues addressed by a Master Development Plan or Specific Plan will vary depending on the planning and/or type of project.

Any commercial development, resort hotel development, or development within a district designated for affordable housing shall require a Master Development Plans or Specific Plan approved by the City Council. Issues addressed during the review of commercial Master Development Plan or Specific Plans include access, architectural and landscape theme, on-site circulation and parking, general location of buildings, fencing and loading areas, hours of operation and noise. The area to be addressed shall encompass all of the proposed site or project and shall detail, at a minimum, the regulations, conditions, and programs necessary or convenient for the systematic implementation of each element of the General Plan as it applies to the site or project.

A Master Development Plan or Specific Plan is required for all residential developments located in the Natural Preserve Zone and may be required for residential developments in other areas if determined necessary by the Director of Community Development. The Director of Community Development may require a Master Development Plan or Specific Plan if:

Land within a planning area is under multiple ownerships, or

If a proposed development will affect decisions on the remainder of the planning area that will not be addressed in conjunction with the proposed development alone. A Master Development Plan or Specific Plan covering areas of multiple ownerships may be prepared by the City.

A residential Master Development Plan or Specific Plan shall address issues such as circulation systems, parks, streetscapes and trails. Master Development Plans or Specific Plans for developments in hillside areas must also meet the requirements of the Natural Preserve Zone.

A Master Development Plan or Specific Plan may divide the project into phases intended for future consideration of design or approval.

Application Requirements. The following information is required for submittal of a Master Development Plan or Specific Plan application:

Proof of Title to all the property contained in the application and authorization of the legal owners(s)

A completed application form.

Plans to scale as follows:

Commercial Developments.

(A)

Site plan showing general building locations, service and loading areas, access points, location of buildings on adjacent lots, parking areas, on-site circulation, location, height, and type of walls, landscaped areas, proposed drive-through areas.

(B)

A discussion of the proposed architectural theme, including available elevations, maximum building and wall height, and sign program.

(C)

Landscaping plans showing general landscaping theme, including use of type of landscaping materials or berms to convey theme or image.

Hillside Developments. (See Natural Preserve Zone Chapter 21.22)

Other Residential Developments.

(A)

Site plan showing use locations such as open space and residential.

(B)

Landscape plans showing general character of streetscapes and other landscape elements.

(C)

Circulation plan showing vehicular, golf cart path, pedestrian, and bicycle circulation systems.

(D)

Plan illustrating general wall theme.

A deposit/fee as required by City Council resolution.

Information as required for a public hearing (See Section 21.06.100)

An environmental application. Supplemental documents may be required and may or may not be prepared by City staff at the discretion of the Director of Community Development.

Other information as required by the Director of Community Development.

Hearings.

Planning Commission. The Planning Commission shall hold at least one (1) public hearing and shall recommend approval, conditional approval, or denial of the Master Development Plan or Specific Plan by resolution based on the findings in Section 21.06.030(d)

City Council. The City Council shall hold at least one (1) public hearing and shall approve, deny, or conditionally approve the Master Development Plan or Specific Plan by resolution based on the findings in Section 21.06.030(d)

Findings. The following findings must be made to approve a Master Development Plan or Specific Plan request:

The proposed Master Development Plan or Specific Plan is consistent with the City of Indian Wells General Plan.

The proposed Master Development Plan or Specific Plan is consistent with any applicable zoning policies and regulations and with the intent of this Zoning Code.

The proposed Master Development Plan or Specific Plan is in the best interests of the health, safety and welfare of the community.

Time Limits; Extensions; Abandonment and Lapse.

Time Limits. A Master Development Plan or Specific Plan shall become valid fifteen (15) calendar days after the date of the decision by the City Council.

Extensions. The Master Development Plan or Specific Plan shall lapse and become void one (1) year after approval of the subject plan was granted and became valid unless the right(s) granted therein have become vested or the time limit is extended by the City Council.

The City Council may extend the Master Development Plan or Specific Plan time limit following the consideration of an application for same at a duly noticed public hearing upon making a finding that such extension is justified and not detrimental to the public safety and welfare.

The City Council may approve, approve with conditions, or deny the request for time limit extension. If approved, the length of the extension granted shall not exceed the length of time granted the original Master Development Plan or Specific Plan approval.

Abandonment and Lapse. Discontinuance of the right(s) granted by the Plan approval for a continuous period of twelve (12) months shall constitute an abandonment of the rights granted. Upon such abandonment, the City Council may declare the Plan null and void. If a Master Development Plan or Specific Plan lapses or is declared null and void, a new application may be filed and hearings shall be held in accordance with this Section. If such a lapse or declaration occurs, all activity authorized by the Master Development Plan or Specific Plan, except that specifically approved by the City Council to prevent significant loss and/or to insure the public safety and welfare, shall cease.

Revisions. A revision which is determined by the Director of Community Development to be major shall be approved by the City Council in accordance with the procedures in this Section. A major revision to a Master Development Plan or Specific Plan constitutes re-approval, and the time limits noted in Section 21.06.030(e) shall apply. All other revisions shall be approved by the Director of Community Development.

(Ord. 387 § 1, 1996)

§ 21.06.040 Conditional Use Permits.

Purpose and Intent. A Conditional Use Permit provides for a discretionary review of a project or use to determine if it is appropriate. A use listed as a conditional use shall be permitted only if a permit is granted by the City Council in accordance with this Section. A Conditional Use Permit may be approved as applied for, approved in modified form, or may be denied by resolution. The permit may be granted for a limited time period and/or may be granted subject to conditions necessary to protect the best interests of the surrounding properties, the neighborhood, the City as a whole, and the intent and considerations Stated in this Zoning Code.

Application Requirements. The following information is required for submittal of a Conditional Use Permit application:

Proof of Title to all property contained in the application and authorization of the legal owners(s)

A completed application form.

Plans, to scale, to include the following:

Site plans showing building locations, parking areas, on-site circulation, refuse collection areas, loading and service areas, access, bicycle and pedestrian circulation.

Landscape plans showing landscaping theme and location of all landscaped areas, including parks and open space and any special monumentation.

A deposit/fee as required by City Council resolution.

Information as requested for a public hearing (See Section 21.06.100).

A letter of justification describing how the proposed project will meet the findings in Section 21.06.040(d).

An environmental application. Supplemental documents may be required and may or may not be prepared by City staff at the discretion of the Director of Community Development.

Proof of submittal of plans to the Homeowners' Association, if applicable, and resultant action.

(9)

Other information as required by the Director of Community Development.

Hearings.

Applications for Conditional Use Permits in Residential Zones. The following applies to applications for Conditional Use Permits on property located in a residential zone. The Planning Commission shall hold at least one (1) public hearing and shall approve, approve with conditions, or deny, the Conditional Use Permit by resolution based on the findings in Section 21.06.040(d).

If the Planning Commission approves, or approves with conditions, the Conditional Use Permit, the Clerk of the Planning Commission shall forward the approval or approval with conditions to the City Council for review and approval through the following process. The item shall be placed on the City Council's Consent Calendar. Any City Council Member or any interested person may remove the item from the Council's Consent Calendar and request that the item be scheduled for a public hearing before the City Council.

If the item is so removed from the Consent Calendar, the City Council shall hold at least one (1) public hearing and shall approve, conditionally approve, or deny the Conditional Use Permit by resolution based on the findings in Section 21.06.040(d).

If the item remains on the Consent Calendar, the "date of decision of the City Council" for purposes of Section 21.06.040(1) shall be the date the Consent Calendar containing the item is approved by the City Council. City Council action either by (i) removal of the item, Council public hearing, and Council approval, or (ii) acceptance by approval of the item on the Consent Calendar, shall constitute granting of the permit by the City Council in accordance with Section 21.06.040(a).

In the event the Planning Commission denies the application or imposes a condition with which the applicant disagrees, the applicant may appeal the Planning Commission's decision to the City Council in accordance with the appeal procedures set forth in Section 21.06.110.

Nothing herein shall prevent the Planning Commission from requesting that the City Council hold a public hearing on a Conditional Use Permit application.

Applications for Conditional Use Permits in Non-Residential Zones. The following applies to all Conditional Use Permit applications other than for property located in a residential zone of the City. The Planning Commission shall hold at least one (1) public hearing and shall recommend approval, approval with conditions, or denial of the Conditional Use Permit application by resolution based on findings in Section 21.06.040(d)

The recommendation of the Planning Commission shall be forwarded to the City Council. The City Council shall hold at least one (1) public hearing and shall approve, approve with conditions, or deny the Conditional Use Permit application by resolution based on the findings in Section 21.06.040(d).

Findings. The following findings must be made to approve a Conditional Use Permit:

The proposed location of the conditional use is in accord with the objectives of this Zoning Code and the purpose of the General Plan and zoning land use category in which the site is located.

The proposed conditional use will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity.

The proposed conditional use will comply with each of the applicable provisions of this Zoning Code except for approved Variances.

Time Limits; Extensions; Abandonment and Lapse.

Time Limit. A Conditional Use Permit shall become valid, and a revocation shall become effective fifteen (15) calendar days after the date of the decision.

Extension. The Conditional Use Permit shall lapse and become void one (1) year after approval of the subject permit was granted by the City Council unless the right(s) granted therein have become vested or the time limit is extended by the City Council.

The City Council may extend the Conditional Use Permit time limit following the consideration of an application for same at a duly noticed public hearing upon making a finding that such extension is justified and not detrimental to the public safety and welfare.

The City Council may by resolution approve, approve with conditions, or deny the application for time limit extension. If approved or approved with conditions, the length of the extension shall not exceed the length of the time granted in the original Conditional Use Permit approval.

Abandonment and Lapse. Discontinuance of the rights granted by the permit approval for a continuous period of twelve (12) months shall constitute an abandonment of the rights granted and the Conditional Use Permit shall lapse and be null and void.

If a Conditional Use Permit lapses, a new application may be filed and hearings shall be held in accordance with this Section. If such lapse occurs, all activity authorized by the Conditional Use Permit shall cease, except that specifically approved by the City Council by resolution to prevent significant loss and/or to insure the public safety or welfare.

Revisions and Modifications.

Minor Revisions or Modifications. A modification or revision to a Conditional Use Permit may be approved by the Director of Community Development if he/she determines that the revision is minor in nature and that the following requirements are met:

The proposed modification does not affect the required findings in Section 21.06.040(d).

The proposed modification does not change the use designated in the original approval.

The proposed modification does not alter the shape or size of the buildings or land involved in the conditional use.

The proposed modification does not alter or affect any of the conditions placed on the project.

The proposed modification is in substantial conformance with the intent and purpose of the approved Conditional Use Permit.

Major Revisions or Modifications. For any modifications or expansions which are determined by the Director of Community Development to be major, a new application shall be filed and hearings held in accordance with this Section.

(h)

Revocation. If an approved conditional use for property located in a residential zone violates any provision of an applicable law or regulation, or there is a failure to comply with any conditions, the Director of Community Development shall refer the Conditional Use Permit back to the Planning Commission. If the Planning Commission is not satisfied that the law or regulation is being complied with, the Planning Commission may by resolution revoke the permit or take action to ensure compliance following the same procedure set forth in Section 21.06.040(1).

If an approved conditional use for property other than that located in a residential zone violates any provision of an applicable law or regulation, or there is a failure to comply with any conditions, the Director of Community Development shall refer the Conditional Use Permit back to the City Council. If the City Council is not satisfied that the law or regulation is being complied with, the City Council may by resolution revoke the permit or take action to ensure compliance following the procedure set forth in Section 21.06.040(2).

Reapplication. Following the denial or revocation of a Conditional Use Permit, no application for a Conditional Use Permit for the same, or substantially the same, site shall be filed within one (1) year from the date of the denial or revocation.

(j)

Pre-Existing Conditional Use Permit. A conditional use legally established prior to the effective date of these regulations shall be permitted to continue provided it is maintained and operated in accord with the conditions imposed at the time of its establishment, if any.

(Ord. 387 § 1, 1996)

§ 21.06.050 Variances.

Purpose and Intent. Variances shall be permitted only if granted by the City Council in accordance with this Section and when the findings contained in Section 21.06.050(d) and applicable State law can be made. The power to grant Variances does not extend to use regulations.

Application Requirements. The following information is required for submittal of a Variance application:

Proof of Title to all the property contained in the application and authorization of the legal owner(s)

A completed application form.

Plans as required by the Director of Community Development.

A deposit/fee as required by City Council resolution.

Information as required for a public hearing (See Section 21.06.100)

A letter of justification describing how the project meets the required findings in Section 21.06.050(d)

Proof of submittal of plans to the Homeowners' Association, if applicable, and resultant action.

Other information as required by the Director of Community Development.

Hearings. The Planning Commission shall hold at least one (1) public hearing and shall approve, approve with conditions, or deny the Variance application by resolution based on the findings in Section 21.06.050(d). If the Planning Commission approves, or approves with conditions, the Variance, the Clerk of the Planning Commission shall forward the approval or approval with conditions to the City Council for review and approval through the following process.

The item shall be placed on the City Council's Consent Calendar. Any City Council Member or any interested person may remove the item from the Council's Consent Calendar and request that the item be scheduled for public hearing before the City Council.

If the item is so removed from the Consent Calendar, the City Council shall hold at least one (1) public hearing and shall approve, conditionally approve, or deny the Variance by resolution based on the findings in Section 21.06.050(d).

If the item remains on the Consent Calendar, the "date of decision of the City Council" for purposes of Section 21.06.050(e)(1)21.06.050(e)(1) shall be the date the Consent Calendar containing the item is approved by the City Council. City Council action by either (1) removal of the item, Council public hearing, and Council approval, or (2) acceptance by approval of the item on the Consent Calendar, shall constitute granting of the Variance by the City Council in accordance with Section 21.06.050(a).

Nothing herein shall prevent the Planning Commission from requesting that the City Council hold a public hearing on a Variance application.

Findings. The following findings must be made to approve a Variance:

The strict application of this Zoning Code deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings.

The granting of the Variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

The granting of the Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and same zoning classification.

The granting of the Variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.

Time Limits; Extension; Abandonment and Lapse.

Time Limits. A Variance shall be valid, and a revocation shall become effective, fifteen (15) calendar days after the date of the decision.

Extension. The Variance shall lapse and become void one (1) year after approval of the subject Variance was granted by the City Council and became effective unless the right(s) granted therein have become vested or the time limit is extended by the City Council.

The Planning Commission may extend the time limits following the consideration of an application for same at a duly noticed public hearing upon making a finding that such extension is justified and not detrimental to the public safety and welfare. The Planning Commission shall by resolution approve, approve with conditions, or deny the application for a time limit extension.

If approved or approved with conditions, the length of the extension shall not exceed the length of the time granted in the original Variance approval. Any such approval or approval with conditions of an extension by the Planning Commission shall be subject to City Council review and approval by the Consent Calendar process described in Section 21.06.050(c).

In the event the Planning Commission denies the application for a time limit extension or imposes a condition with which the applicant disagrees, the applicant may appeal the Planning Commission's decision to the City Council in accordance with the appeal procedures set forth in Section 21.06.110.

Nothing herein shall prevent the Planning Commission from requesting that the City Council hold a public hearing on an application for a time limit extension.

Abandonment and Lapse. Discontinuance of the rights granted by the Variance approval for a continuous period of twelve (12) months shall constitute an abandonment of the rights granted and the Variance shall lapse and be null and void. If a Variance lapses, a new application may be filed and hearings shall be held in accordance with this Section. If such lapse occurs, all activity authorized by the Variance shall cease, except that specifically approved by the Planning Commission by resolution to prevent significant loss and/or to insure the public safety or welfare. Said Planning Commission action is subject to City Council review and approval through the Consent Calendar process described in Section 21.06.050(c).

Revocation. If an approved Variance violates any provision of an applicable law or regulation, except the provisions for which the Variance was granted, or there is a failure to comply with any conditions, the Director of Community Development shall refer the Variance back to the Planning Commission. If the Planning Commission is not satisfied that the law or regulation is being complied with, the Planning Commission may revoke the permit or take action to ensure compliance following the same procedure set forth in Section 21.06.050(c).

The revocation shall become effective fifteen (15) calendar days following final Council action on the revocation.

Resubmittal Application. Following the denial or revocation of a Variance, no application for the same or substantially the same Variance on the same or substantially the same site shall be filed within one (1) year of the date of denial or revocation of the Variance.

(Ord. 387 § 1, 1996)

§ 21.06.060 Temporary Use Permit.

Purpose. The Temporary Use Permit (TUP) allows for:

Short-term activities or uses that are established for a short period of time (e.g., construction offices, off-site parking facilities, tents, signs/banners, etc.); or

Special events, as defined in Section 21.08.445(b), which may be appropriate when regulated.

Permit Required. No person or entity shall operate, maintain, conduct, advertise, or sell or furnish tickets for, a temporary use unless they first obtain a Temporary Use Permit from the City. A temporary use or event shall be allowed only under a TUP granted in accordance with the requirements of this Section. The TUP shall be in addition to any other regulatory approvals, including, but not limited to, a business license, mobile food facility permit, or encroachment permit as required by the City Municipal Code. TUPs are considered either: (i) minor TUP; or (ii) major TUP.

Minor TUPs are generally considered a short-term use or event that would have little to no effect on surrounding properties and occur entirely upon private property not zoned for residential use. The use or event must be located within an existing site of sufficient size to provide adequate space, circulation and parking for the anticipated use, or event attendance, and shall meet the following performance standards, as determined by the Community Development Director:

The temporary use or event will not extend beyond six (6) months;

Hours of operation are limited to 7:00 a.m. to 10:00 p.m. daily;

Adequate parking for the anticipated attendance shall be provided on-site;

The event or activities will not generate nuisance factors such as, but not limited to, direct glare or illumination on adjacent properties, noise, vibration, offensive odor, smoke, dust, etc.;

All trash generated by the use or event shall be picked up both on- and off-site at the end of each day of the event;

Any alcohol sales and consumption shall be permitted by the California Department of Alcoholic Beverage Control;

Any amplified sound used at the event or other noise generation activities will be in conformance with the City's Noise Ordinance (Chapter 9.06); and

Adequate provision for traffic safety and security measures shall be provided.

Application Requirements (Minor TUP). The following information is required for submittal of a minor TUP application:

A completed application form;

An application fee as established by the City Council;

A description of the temporary use including the date, time, hours and location;

Any other information as required by the Community Development Director to comprehensively analyze the scope and potential effects of the temporary use or event.

Review and Approval Authority (Minor TUP). The Director of Community Development may administratively approve or deny minor TUPs within thirty (30) days of a completed application. A minor TUP may be denied, approved as applied for, approved in modified form, or approved with conditions as necessary to protect the best interests of the surrounding properties, the neighborhood, the City as a whole, and the intent and purposes of applicable City regulations and standards.

Major TUPs include any short-term use or event that does not qualify as a minor TUP and may have the potential to affect surrounding land use and traffic circulation, as determined by the Community Development Director. Major TUPs may include property zoned for commercial and private residential use and shall be issued only after any required environmental review. Major TUPs must meet the following performance standards:

The temporary use or event will not extend beyond twelve (12) months;

Hours of operation are limited to 7:00 a.m. to 10:00 p.m. daily;

Adequate parking for the anticipated attendance shall be provided on-site and/or off-site with approval from the affected property owner and a plan for professional shuttle services;

Any potential nuisance factors associated with the use or event, such as, but not limited to, direct glare or illumination on adjacent properties, noise, vibration, offensive odor, smoke, dust, etc., must be reduced to less than significant levels through applied mitigation or conditions of approval;

All trash generated by the use or event shall be picked up both on- and off-site at the end of each day of the event;

Any alcohol sales and consumption shall be permitted by the California Department of Alcoholic Beverage Control;

Any amplified sound used at the event or other noise generation activities will be in conformance with the City's Noise Ordinance (Chapter 9.06); and

Adequate provision for traffic safety and security measures shall be provided.

Application Requirements (Major TUP). The following information is required for submittal of a major TUP application:

A completed application form;

An application fee as established by the City Council;

One (1) set of certified mailing labels for all property owners and residents within three hundred feet (300′) of the subject property as shown on the current tax assessor's records of Riverside County;

A description of the temporary use or event including the date, time, hours and location;

Plans (to scale) to include site plans showing temporary facilities, parking areas, on-site vehicle and pedestrian circulation, refuse collection areas, security, emergency, electrical, mechanical, and sanitary facilities, and/or any other information which may be necessary to adequately and completely explain the entire temporary use;

An estimate of the market rate cost to remove the temporary use and all temporary accessories related to the event or activity within five (5) days of the termination of the temporary use;

A statement on the dates and times of the contemplated use including the time to set up, remove, and restore the site;

A statement of the number of persons and vehicles expected at such temporary use;

(ix)

A list of all vendors, by name, address, and telephone number, including business license numbers;

(x)

A statement or plan showing arrangements for parking, ingress, egress, and areas to be blocked off and areas designated as "No Parking" areas;

(xi)

A statement of arrangements for security;

(xii)

A statement of arrangements for sanitation, health, and drinking water;

(xiii)

A statement of arrangements made for fire safety;

(xiv)

A statement of arrangements made for building safety such as television towers, grandstand seating, temporary wiring, spot lights, etc.;

(xv)

A statement of arrangements made for sales and serving of food, beverages, and alcohol;

(xvi)

A statement of arrangements for overnight camping; and

(xvii)

Any other information as required by the Community Development Director to comprehensively analyze the scope and potential effects of the temporary use or event.

Review and Approval Authority (Major TUP). The Director of Community Development may administratively approve or deny major TUPs within thirty (30) days of a completed application provided a noticed public meeting is held at the Planning Department with the Director, planning staff and affected public to go over the proposed use or event details to address any concerns or questions. Alternatively, the Director has the authority to schedule a major TUP for formal public hearing with the Planning Commission, at his or her discretion subsequent to review of a completed application. A letter of notification for the administrative public meeting shall be sent to all property owners and residents within three hundred feet (300′) of the subject property as shown upon the current tax assessor's records of Riverside County. Notice of the public meeting shall be given by U.S. Postal Service certified mail, not less than ten (10) days prior to the date of the meeting. Certified mailing labels shall be provided to the City by the applicant as required under subsection (d)(3). An administrative decision to grant or deny a major TUP shall be made by the Community Development Director based on the findings in subsection (f). The Director shall schedule a major TUP for a formal public hearing with the Planning Commission, when a TUP:

Has been determined not to be exempt under the California Environmental Quality Act (CEQA);

Has significant concerns raised by the public which cannot be resolved amicably between the affected parties through application of reasonable conditions; or

The use or event would not operate longer than a twelve (12) month period.

Administrative Public Meeting—Findings. The Community Development Director upon conclusion of the public meeting for a major TUP shall declare his or her decision based on the following findings:

The temporary use or event is determined to be categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21083 and CEQA Guidelines Section 15300 et seq. (14 C.C.R. Section 15300 et seq.);

The location of the temporary use or event is in accord with the objectives and purposes of this Chapter, the Zoning Ordinance, the City's General Plan, and any applicable Master Development Plan or Specific Plan;

The temporary use or event will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity, or otherwise that the economic benefit to the City of the temporary use or event outweighs any minor or temporary detriment to nearby property owners or occupants;

The temporary use or event will comply with each of the applicable provisions of the Zoning Code.

A major TUP that is substantially unchanged regarding location and activities from a previous temporary use, which was reviewed and approved through a public meeting, may be issued without any subsequent public meetings, with a provision that the original conditions of approval still apply. The Community Development Director may schedule a public meeting for the subsequent temporary use or event if the Director determines there are significantly changed circumstances following the previous approval.

Exceptions. Any temporary use meeting the following criteria shall be exempt from the Temporary Use Permit process contained within this Section:

Any temporary use or event which will be held within an enclosed structure or grounds and will be completely encompassed (including parking) within the premises of a hotel or sports complex property that is normally associated with the main function of the structure or grounds (e.g., conference rooms, ballrooms, event lawns, etc.) and does not require the review or approval of any other permit or application; and

Any temporary use or event specifically approved by a Conditional Use Permit (CUP).

Appeal. In the event the applicant is denied, the applicant may appeal the decision in accordance with the appeal procedures set forth in Section 21.06.110.

Conditions. The City may require such conditions as operational limitations, traffic control plans, security plans, cleanup bonds, dust control, financial requirements, security deposits, financial statements or such other requirements as deemed necessary for the protection of the City and the greater public health, safety, and welfare of its residents and property owners.

Removal and Restoration Bond. Unless waived by the Community Development Director, the applicant shall post a bond or a similar guarantee, acceptable to the City, sufficient to cover one hundred ten (110) percent of the market rate cost to remove the temporary use and all temporary facilities related thereto from the site(s) and/or structure(s) upon which they were situated, and restored to the previous condition within five (5) days of termination of the temporary use or event. Should the applicant fail to comply with this requirement, the City shall cause such removal and restoration to occur and shall defray the cost of same by deducting all the cost incurred from the applicant's removal and restoration bond.

Revocation. If the conduct of a temporary use or event violates any provision of this Chapter or the Zoning Code, or if there is a failure to comply with any conditions of such Temporary Use Permit, the Community Development Director may revoke the permit or take action to ensure compliance.

(h)

Admission Tax. For qualifying events, the City's admission tax shall be levied per Municipal Code Section 3.14.020.

Waiver of Fees. In the event of special circumstances, demonstrated hardship, or for charitable (nonprofit) organizations the Community Development Director may waive, modify, or reduce any and all fees for the processing of a Temporary Use Permit as required by this Section.

(Ord. 396 § 2, 1997; Ord. 482 § 1, 2001; Ord. 555 § 1, 2004; Ord. 556 § 1, 2004; Ord. 600 § 1, 2007; Ord. 709 § 1, 2017)

§ 21.06.070 Zoning compliance review.

A review to determine zoning compliance shall be conducted for all developments in the City to ensure that a proposed development complies with all applicable City Codes and any previously approved plans or maps for the site. Regulations to be checked during this review include setbacks, landscaping, building height, parking, and other requirements of this Zoning Code. In addition, this review shall check all previously applied conditions of approval to ensure that the development meets this requirement. This review shall be conducted by the Director of Community Development prior to the issuance of building permits.

(Ord. 387 § 1, 1996)

§ 21.06.080 Use determinations.

Purpose and Intent. The purpose of a use determination is to verify if a proposed use which is not listed is similar to a listed use and therefore allowed. The Planning Director shall, upon written request, determine whether a use not listed is a permitted, conditional, or prohibited use. This Section shall not be a substitute for a zone change and shall not be used to add new uses to the listing.

Application. A request for a use determination shall be made by letter to the Planning Director. The letter shall include a detailed description of the proposed use, the proposed site, and other information required by the Planning Director.

Determination. The Planning Director shall research the determination question and shall review the results thereof, including the recommended determination, with the Planning Commission before issuing the determination. The Planning Commission, upon a simple majority vote, may direct the Planning Director to agendize the determination for public hearing or may direct the Planning Director to proceed with the issuance of the determination as recommended. The determination shall be issued in writing to the requester with copies submitted for information to the Planning Commission and the City Council.

(Ord. 512 § 2, 2002)

§ 21.06.090 Administrative relief.

Purpose and Intent. The provision for administrative relief is designed to allow for flexibility in regulations when a standard is inapplicable or inappropriate to a specific use or design. This provision applies only to those sections of this Zoning Code where it is specifically referenced.

Limitations. An application for administrative relief that may be received shall be limited to the following:

Commercial Zones—Parking Space and Loading Requirements. In all Commercial Zones, a parking space and loading space reduction of not more than five (5) percent of that required by City Code, provided such reduction will not at the time of application, nor in the foreseeable future, detrimentally affect either safety or vehicular flow within the project or within the immediate area of the project.

Commercial Zones—Solar Energy Systems Partially Screened. In Commercial Zones, solar energy systems partially screened that may be visible from adjacent residences or properties and/or public ways may be installed provided such an installation does not detrimentally affect the character of the neighborhood. Hedge height standards may be increased only to provide additional solar energy system screening, provided such an increase will not at the time of application, nor in the foreseeable future, detrimentally affect either safety or vehicular flow within the project or within the immediate area of the project or the views of adjacent property owners.

Residential Zones—Front Yard Setback. In Residential Zones, a front yard setback reduction of not more than twenty (20) percent of that required by City Code, provided that such request for front yard setback adjustment is for carport conversions into garages and meets the following qualifications:

Beautification of the structure where the front yard encroachment does not detrimentally affect the character of the neighborhood; and

Beautification of a structure where precedent has been established in the immediate neighborhood for front yard encroachments; and

Beautification of a structure where the proposed improvements will not encroach into the front yard setback beyond the existing structure.

Residential Zones—Corner Cutback Areas. In Residential Zones, the "corner cutback area," as defined in Section 21.50.040(a), may be measured from the curb line rather than from the property line, provided that such measurement does not interfere with the visibility at and around the intersection and there is no street widening planned or contemplated for the frontage at issue.

Residential Zones—Location of Front and Corner Lot Walls. In Residential Zones, the location of front and corner lot walls on a single family lot may be adjusted to be consistent with the setbacks of existing front and corner lot walls in the immediate area, provided the character of the area is not detrimentally affected.

Residential Zone—Driveway Widths. In Residential Zones within a private gated community, driveway widths may be increased at that point at which they meet the street (or easement) to be consistent with driveway widths in the immediate area, provided such increase does not detrimentally affect the character of the neighborhood.

Residential Zones—Building Pad and Finished Floor Elevations. Modifications of residential building pad and/or finished floor elevations may be reviewed and approved through the process of administrative relief provided that the building height does not exceed the maximum building height permitted under the originally approved building pad elevation.

Residential Zones—Emergency generators that do not exceed fifteen thousand (15,000) kilowatts.

(9)

Alternative energy devices—Ground mounted equipment used to generate residential energy that is located completely within an enclosed structure.

Application. A written request for administrative relief shall be submitted for Planning Department review and public meeting in conjunction with a full description and drawings as appropriate for the proposed project. The applicant shall be required, if applicable, to present evidence of a review of the matter by the applicant's Homeowners' Association. Additional information may be required by the Director of Community Development.

Notification. A letter of notification of the proposed project shall be sent to all immediately adjacent property owners of the specific property involved in the proposed project or application as shown upon the current tax assessor's records of Riverside County. Notice of the public meeting shall be given by mailing, not less than ten (10) days or more than sixty (60) days prior to the date of the meeting, postage prepaid.

Approval. A decision to grant or deny administrative relief shall be made by the approval authority for the project based on the findings in Section 21.06.090(f).

Findings. The following findings shall be made prior to approval of the administrative relief:

The findings as set forth in Section 21.06.050(d);

That the proposed project is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21083 and CEQA Guidelines Section 15300 et seq. (14 C.C.R. Section 15300 et seq.);

The intent of this Zoning Code and of the specific regulation in question is being preserved;

The measures proposed by the applicant make the strict application of the requirements of this division inappropriate;

Any other findings required by this Zoning Code for the particular project.

Appeal. The applicant may appeal the decision in accordance with the appeal procedures set forth in Section 21.06.110.

(Ord. 533 § 1, 2003; Ord. 557 § 1, 2004; Ord. 564 § 1, 2004; Ord. 573 § 1, 2005; Ord. 592 § 1, 2006; Ord. 606 § 1, 2007; Ord. 626 § 1, 2009; Ord. 639 § 1, 2010)

§ 21.06.100 Public hearings.

Information Required for a Public Hearing. The applicant shall provide the following information with any application requiring a public hearing. This information shall be updated at the request of the Planning Director for those applications which have more than a six (6) month time lapse.

Notification Area. A listing of all site and mailing addresses of real property, including a listing of owner's associations governing the property within a radius of three hundred (300) feet of the exterior boundaries of the property involved in the proposed project or application as shown upon the current tax assessor's records of Riverside County. If deemed appropriate by the Planning Director or his or her designee, the notification area radius may be increased. The applicant shall reimburse the cost associated with all public notifications to the City that involve a proposed project or application.

If commercial properties are located within the notification area, the applicant shall also provide a list of owners, tenants, including any leasing company and manager of the commercial property.

The list of addresses shall be typed upon gummed labels (two (2) sets, laser printer format), together with required postage. The list shall be prepared and certified by the applicant, or a title insurance company, civil engineer or surveyor licensed to practice in California.

For all properties located within the notification area, the applicant shall provide a map that is keyed to the list of addresses as required above.

Public Notices.

Required Time of Noticing. Notice of a public hearing shall be given by mailing, not less than ten (10) days or more than sixty (60) days prior to the date of the hearing, postage prepaid.

Combined Notice. Notwithstanding any other provision of law, when a matter requires a public hearing before both the Planning Commission (as a recommendation) and the City Council (as a final action), notice of both public hearings may be combined into a single written notice. The combined notice shall contain the date, time, and place of both public hearings as well as the identity of both hearing bodies, the environmental-review status, and the location and proposed use of the subject property and a general description of the matter that is the subject of the hearings. The combined notice shall be mailed at least ten (10) days prior to the Planning Commission public hearing on the matter. The combined notice need not include the written recommendation of the Planning Commission.

Required Notification. Notices shall be posted and mailed to the applicant, all parties requesting said notifications to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the proposed project and to all addresses on the notification list required by Section 21.06.100(a).

Waiver of Noticing Requirement. In the event that the number of owners and tenants to whom notice would be sent is greater than one thousand (1,000), notice may be given at least ten (10) days prior to the hearing by placing a display advertisement of at least one-eighth (1/8) page in the newspaper having the greatest circulation within the area affected by the proposed action. The notice shall state the nature of the request, the location of the property (text or diagram), the environmental-review status, the date, time, and place of the scheduled hearing(s), and the hearing body(ies).

Notice Content. Notices shall state the nature of the request, location of the property (text and diagram), the environmental-review status, the date, time and place of the scheduled hearing(s), and the hearing body(ies).

Cover Letter. A cover letter prepared by the Director of Community Development or designee summarizing the nature of the proposed action or request shall accompany each notice.

Time Period. For the period of mailing notification as addressed in subsection (b)(1), the time period shall commence from the date that the public agency deposits a written copy of the notice in the United States mail, first class postage prepaid.

Failure to Receive Enhanced Notice. The failure of any person or entity to receive enhanced notification, pursuant to this Section, shall not constitute grounds to invalidate the actions of the hearing body for which notice was given. Whenever failure to provide enhanced notice is raised, the hearing body shall determine if a notification error has occurred and the mean to correct the error. Actions to correct a notification error shall be consistent with the time limits as specified in the Permit Streamlining Act (California Government Code Section 65920).

Responsibility for Public Hearings Required by this Chapter.

City Council. In addition to public hearings the City Council may otherwise be required to hold pursuant to State law, the City Council shall hold a public hearing on the following applications:

Zone Changes.

General Plan Amendments.

Master Development Plans or Specific Plans.

Non-residential Zone Conditional Use Permits.

Residential Zone Conditional Use Permits removed from the City Council's Consent Calendar pursuant to Section 21.06.040(1).

Variances removed from the City Council's Consent Calendar pursuant to Section 21.06.050(c).

Temporary Use Permits subject to a public hearing removed from the City Council's Consent Calendar pursuant to Section 21.06.060(2).

Any appeals for which the underlying approval being appealed was subject to a public hearing.

(ix)

Preliminary Land Use Development Concept Plans, pursuant to the Special Study Area Overlay Zone (Chapter 21.47).

Planning Commission. In addition to public hearings the City Council may otherwise be required to hold pursuant to State law, the Planning Commission shall hold a public hearing on the following applications:

Zone Changes;

All Conditional Use Permits;

Variances;

Master Development Plans and Specific Plans; and

Temporary Use Permits subject to a public hearing.

(Ord. 387 § 1, 1996; Ord. 407 § 4, 1997; Ord. 421 § 2, 1998; Ord. 516 § 2, 2002; Ord. 742 § 3, 2022)

§ 21.06.110 Appeals.

The applicant or the Planning Commission may, within fifteen (15) days of the date of the decision, appeal any decision of the Director of Community Development to the Planning Commission. The applicant or any member of the City Council may, within fifteen (15) days of the date of decision of the Planning Commission, appeal any decision of the Planning Commission to the City Council.

Any appeal to the Planning Commission shall be filed with the Clerk of the Planning Commission. Any appeal to the City Council shall be filed with the City Clerk. All appeals shall be heard by the appellate body within sixty (60) days of the receipt of the appeal. The sixty (60) day period shall automatically be extended if no meetings are held due to the normal cancellation of meetings during July and August or cancellations are otherwise effected.

All appeals shall be accompanied by a letter from the appellant stating the reasons for the appeal.

An appeal by the applicant shall be accompanied by a deposit/fee as required by City Council resolution.

The Planning Commission and City Council shall not be required to hold a public hearing on any appeal it receives, but shall permit the appellant to address the matter to the body, except that the City Council shall hold a public hearing on any appeal which was subject to a public hearing by the Planning Commission.

The appellate body may affirm, modify, or reverse the previous decision. The decision of the appellate body hearing the last appeal shall be final.

(Ord. 387 § 1, 1996)

§ 21.06.120 Enforcement.

Responsibility. It shall be the duty of the City of Indian Wells and of all officers of the City otherwise charged with the enforcement of the law to enforce this Zoning Code and all provisions of the same.

Applicability.

Any person, firm, or corporation, whether acting as principal, agent, employee, or otherwise, violating any provisions of this Zoning Code or any Conditional Use Permit, Variance, Temporary Use Permit, or adjustment granted hereunder, shall be guilty of the penalty prescribed by Municipal Code Section 1.16.010. Such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this division is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable as herein provided.