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[00:00:03]

>> CHAIRPERSON YSIANO: LADIES AND GENTLEMEN, AS CHAIRPERSON OF THE PLANNING

[1. CALL TO ORDER AND ROLL CALL]

COMMISSION OF THE CITY OF INDIO I CALL THIS MEETING OF FEBRUARY 23RD, 2022 TO ORDER.

AND ANNOUNCE THE ASSISTANCE OF A QUORUM.

CAN WE GET A ROLL CALL, PLEASE.

>> CHAIRPERSON YSIANO.

>> HERE.

>> VICE CHAIRPERSON CHRISTIAN RODRIGUEZ CEJA.

>> HERE.

>> AND COMMISSIONER FRANZ.

>> PRESENT.

>> COMMISSIONER VALDEZ.

>> HERE.

>> OKAY.

COMMISSIONER VALDEZ, WOULD YOU BE SO KIND AS TO LEAD US IN OUR PLEDGE OF ALLEGIANCE TODAY.

>> READY? I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

>> THANK YOU SO MUCH.

CLEMENTINA, DO WE HAVE ANY PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA?

>> NO, SIR.

NO, CHAIRPERSON YSIANO.

>> OKAY.

SO LET'S SEE.

WE HAVE THE FIRST ITEM UP, LET'S GO AHEAD AND OPEN THE PUBLIC HEARING FOR FIRST AGENDA ITEM, AND THAT IS 4.1, PUBLIC HEARING ITEMS FOR CUP 21-11-1071.

[4.1. CUP 21-11-1071: Request for conditional use permit approval to conditi...]

STAFF, CAN WE GET YOUR REPORT.

>> THIS IS DIRECTOR SNYDER, JESSE HIMSELF, STAFF WILL BE PROVIDING THE PRESENTATION.

>> GOOD EVENING, CHAIRPERSON YSIANO AND COMMISSIONERS.

BEFORE YOU TODAY IS THE CONSIDERATION OF THE CONDITIONAL USE PERMIT REQUEST FOR THE CONDITIONAL ALLOWANCE OF A PAWN BROKER SHOP WITHIN AN EXISTING COMMERCIAL CENTER THAT'S LOCATED AT 82-490 HIGHWAY 111 IN INDIO.

AND WE CAN PROVIDE THE POWERPOINT PRESENTATION FOR THE SECTION IN JUST ONE MOMENT.

APOLOGIZE FOR THE DELAY.

WE APOLOGIZE FOR THE DELAY.

JUST ONE MOMENT.

VERY GOOD.

WE APOLOGIZE FOR THE DELAY AGAIN.

AGAIN, CHAIRPERSON YSIANO AND PLANNING COMMISSIONER, BEFORE YOU IS THE REVIEW OF THE CONDITIONAL USE PERMIT AS IT IS SHOWN HERE.

THE VICINITY MAP GIVES YOU AN AERIAL IDENTIFICATION OF GENERAL LOCATION OF THE CORNER OF HIGHWAY 11 AND ARABIA STREET.

THE EXISTING BUILDING IS LOCATED HERE AND IT ENCOMPASSES THE ENTIRE OR RATHER THE CORNER OF FRONTAGE OF THE ARABIA STREET AND HIGHWAY 111.

SOMETHING OF SIGNIFICANCE IS THE PURPOSE OF RIVERSIDE COUNTY ARE ASSESSOR PARCEL MAP BOOK WHICH SHOWS THE ENTIRE IN ITS ENTIRETY WHICH IS 4.5 ACRES HOWEVER FROM THIS SLIDE HERE YOU CAN SEE THE DEVELOPMENT OF THE ENTIRE LOT IS ONLY PRESENT

[00:05:09]

AT THE FRONT AND NOT IN ITS ENTIRETY FOR ITS FULL 4.35 ACRES.

DURING THE APPROXIMATE TEN YEARS THIS BUILDING AT THIS PROMINENT CORNER OF INDIO HAS BEEN VACANT FOR TEN YEARS OR MORE, AND WE CAN SEE THAT THE PHOTO HERE DEPICTS WHAT WAS PREVIOUSLY THERE DURING THAT ENTIRE TEN-YEAR PERIOD.

IT WAS RATHER DATED.

IT HAD A MANSARD ROOF AND NO REAL VISIBILITY FROM THE AREA.

ANOTHER POINT OF INTEREST IS THAT THE ENTIRE SPACE THAT WAS AVAILABLE FOR PREVIOUS TENANTS WAS APPROXIMATELY 15,000 SQUARE FEET, AND WE DO KNOW THAT BASED ON ECONOMIC SITUATIONS AND MODERN BUSINESS, SMALLER SITES ARE MORE DESIRABLE, AND THEREFORE WHAT THE SITE LOOKS LIKE NOW, THE CURRENT OWNER HAS MADE SIGNIFICANT IMPROVEMENTS TO THE FACADE OF THE BUILDING AND IS CURRENTLY DOING MAJOR IMPROVEMENTS TO THE INTERIOR OF THE BUILDING.

WHAT THEY HAVE DONE IS THEY'VE CREATED TWO ARCHITECTURAL FEATURES WHICH ARE TURRETS AT EITHER END, AND ALSO THEY HAVE CLEANED THE LINES OF THE ROOF EDGE TO CREATE A PARAPET THAT CREATES DEFINITION AND ARCHITECTURAL DEFINITION AND ARTICULATION ACROSS THE FRONT OF THE BUILDING.

WHAT THEY'VE ALSO DONE IS THEY'VE INSTALLED IN THE VESTED AREAS THAT ARE IN THE DARKER AREAS HERE WITHIN THE BUILDING STOREFRONT WINDOWS WITH A STOREFRONT ACCESS TO ALLOW FOR GREATER VISIBILITY.

IN ITS TOTALITY THERE ARE APPROXIMATELY EIGHT POSSIBLE TENANT SITES WITHIN THE FRONTAGE OF THIS BUILDING, AND AT THE REQUEST OF THE APPLICANT THAT IS BEFORE YOU TODAY, THEY ARE OCCUPYING, AS IT'S SHOWN HERE ON THE SITE PLAN, TWO OF THE EXISTING PORTIONS OF THE INTERIOR TENANT SPACE.

WITH THAT, THERE ARE PRESENTLY ABOUT 45 PARKING SPACES THAT ARE ABLE TO SERVE THIS AREA.

THERE IS A MAJOR ENTRANCE ALONG ARABIA STREET, MOST ADJACENT TO THE CORN OF HIGHWAY 111 AND ALSO ONE FURTHER DOWN IN FRONT OF THE EXISTING CHASE BUILDING.

THE THE HATCHED AREA THAT'S LOCATED TO THE LEFT OF THE SLIDE PRESENTATION SHOWS THE EXISTING CHASE BANK BUILDING, AND THE DOTTED ORANGE BOX SHOWS THE APPROXIMATE LOCATION OF THE PROPOSED TENANT SPACE FOR THE PAWNSHOP.

THIS IS THE PROPOSED PLAN, FLOOR PLAN THAT THE TENANT HAS PROVIDED FOR YOUR REVIEW, BUT A MORE DETAILED ONE IS SHOWN HERE.

WE CAN SEE FROM THIS DETAILED FLOOR PLAN THAT THERE IS AN EXTENSIVE SPACE THAT IS BEING USED PRIMARILY IN THIS AREA UP HERE TOWARDS THE FRONT AS THE DISPLAY AREA, THE AREAS FOR THE CUSTOMER COUNTERS, AND ALSO WATCH REPAIR AND OTHER RETAIL PURPOSES WITHIN THE CONTAINMENT OF THE TWO OFFICE SUITES THAT ARE BEING OCCUPIED OR FOR THE ACTIVITY OF A PAWNSHOP.

THE BACK AREAS ARE THE SERVICE AREAS RELATED TO THE PAWNSHOP WHICH WOULD INCLUDE SECURE STORAGE, A VAULT, ALSO A RESTAURANT FACILITY AND EMPLOYEE ACCESS AREAS WITH VISIBILITY TO THE COUNTER AS WELL.

FROM THIS IT IS NOTED THAT THERE ARE THREE POSSIBLE ENTRANCES TOWARDS THE FRONT OF THE BUILDING.

AGAIN, FACING HIGHWAY 111.

AND THEY ARE LOCATED HERE OFF TO THE LEFT AND THEN TO THE FRONT, TO THE IMMEDIATE FRONT.

ALSO A POINT OF INTEREST IS THAT ALONG THE BACK OF THIS BUILDING THERE IS NO ENTRANCE OR EXIT FROM THIS TENANT SPACE.

AS PART OF THE OVERALL IMPROVEMENT, WHAT THE APPLICANT HAS REQUESTED WAS TO INSTALL ABOVE THEIR LOCATION THE SIGN THAT SAYS PAWN KINGS, AND THAT IS THE NAME OF THE BUILDING.

IT WILL -- THEY ARE PROPOSING TO FABRICATE THIS BUILDING TO BE FACE MOUNTED.

IT WILL BE ELECTRIFIED IN SENSE OF HAVING REVERSE CHANNEL LETTERS WITH LED LIGHTING, AND THE CHANNEL LETTERS WILL BE BLACK IN COLOR, MADE OF ALUMINUM

[00:10:01]

FACES, AND THE LEDS WILL BE COMPRISED BEHIND THE SIGNS THEMSELVES, AND IN THE EVENING AS IT'S EXHIBITED IN THE NIGHT VIEW DOWN AT THE LOWER RIGHT-HAND CORNER, IT WILL SAY PAWN KINGS WITH A GOLD HUE OUTLINING THE NAME OF THE BUSINESS.

SO IN SUMMARY OF SOME OF THE THINGS THAT WE HAVE CONSIDERED TODAY, THE GENERAL PROPERTY INFORMATION IS LOCATED ON THE LEFT OF THE SLIDE.

IT GIVES GENERAL SQUARE FOOTAGE OF THE GROSS AREA OF THE EXISTING BUILDING, THE AVAILABLE TENANT SPACE WITHIN THE BUILDING THAT IS CURRENTLY BEING IMPROVED BUT SPLIT UP INTO APPROXIMATE EIGHT DIFFERENT TENANT SITES, AND A NOTABLE FACT AS WELL IS THAT THERE ARE TWO EXISTING MONUMENT SIGNS AT EITHER OF THOSE ENTRANCES THAT WE DISCUSSED, THE ONE BEING OFF OF ARABIA AND ALSO OFF HIGHWAY 111, AND BOTH ARE VERY VISIBLE AND PROMINENT FOR THE BUSINESS CENTER.

AT THE MOMENT THOSE SIGNS ARE BLANK DUE TO THE FACT THAT OTHER THAN CHASE BANK THERE WAS NO TENANT WITHIN THE LARGER PORTION OF THE EXISTING BUILDING.

ANOTHER AREA OR POINT OF INTEREST IS THE CHASE BANK.

THEY PRESENTLY HAVE A WAY AT HIGH SIGN THAT'S LOCATED ALONG THE FRONTAGE OF HIGHWAY 111, AND THAT CURRENTLY INSTALLED, HOWEVER, IT'S WITHIN THE LANDSCAPED AREA ALONG HIGHWAY 111 CLOSEST TO THE BUS STOP STATION THAT IS LOCATED IMMEDIATELY IN FRONT OF THIS BUILDING.

THE GENERAL TENANT INFORMATION, CURRENTLY THERE IS A BUILDING PERMIT THAT HAS ALLOWED THE IMPROVEMENTS THAT YOU DID SEE, AND WE CAN SEE HOW THE MANSARD ROOF AND THE ROOFING WAS CHANGED AS WELL AS THE PARAPET EXTENSIONS.

THOSE ARE ALL BEING PERMITTED.

THE LAST INSPECTION WAS CONDUCTED AT THIS LOCATION WAS JANUARY 2002, AND NOW THE OWNER IS DIRECTING ALL THEIR ATTENTION TO THE INSIDE NOW.

THAT WAS FOR DRYWALLING THE INSIDE OF THE TENANT SPACES.

PAWN KINGS HAS A CONTINGENCY WITH REGARD TO ONE OF THE CONDITIONS OF APPROVAL, AND THE CONTINGENCY IS SPECIFIC TO THE FACT THAT THE BUSINESS OWNER MUST SUCCESSFULLY COMPLETE THE REQUIREMENTS OF THE BACKGROUND CHECK THAT ARE REQUIRED BY THE INDIO POLICE DEPARTMENT AS WELL AS THE BUSINESS LICENSING PROCESS.

IN SUCCESSFULLY COMPLETING THAT, THEN, IT WOULD BE ALLOWED TO HAVE THE CONDITIONAL USE PERMIT, OTHERWISE, THE REQUEST WOULD BE NULL AND VOID, AND THE PROPERTY OWNER AS WELL AS THE PROPOSED TENANT, MR. KSHANIAN AND ALSO MR. MARINAKIS ARE AWARE OF THAT CONDITION.

LASTLY, ONE OF THE OTHER AREAS OF MENTION IS IN THE CONDITIONS OF APPROVAL RESOLUTION NUMBER 36.

THE APPLICANT MUST PREPARE AND SUBMIT A SECURITY PLAN FOR THE REVIEW BOTH DURING CONSTRUCTION PHASES AND POST CONSTRUCTION PHASE FOR THIS BUSINESS WITH THE POLICE DEPARTMENT AND CODE ENFORCEMENT TO ADD AN ADDITIONAL LAYER OF SECURITY FOR THE TYPE OF BUSINESS AND FOR THE CLIENTELE.

WITH THAT, STAFF CONCLUDES THE PRESENTATION AND WE'RE AVAILABLE SHOULD YOU HAVE ANY OTHER QUESTIONS.

>> JESSE, THANK YOU VERY MUCH FOR YOUR REPORT.

IS THE APPLICANT PRESENT? AND DO THEY HAVE ANYTHING THEY WOULD LIKE TO ADD TO THE STAFF REPORT?

>> CHAIR, PARDON THE INTERRUPTION.

ASSISTANT CITY ATTORNEY ZACH HEINSELMAN.

IT MIGHT SUGGEST IF ANYONE HAD QUESTIONS FOR MR. JIMENEZ NOW AND THEN YOU'D ABLE TO PROCEED AND OPEN THE PUBLIC PORTION OF THE HEARING OF THE APPLICANT FOLLOWED BY ANY PUBLIC COMMENT.

>> OKAY.

COMMISSIONERS, DO WE HAVE ANY QUESTIONS FOR STAFF? ON HIS REPORT?

>> HI.

I HAVE A COUPLE OF QUESTIONS.

CHAIRPERSON YSIANO.

>> YES.

>> SO, JESSE, FIRST OF ALL, NICE TO MEET YOU.

>> THANK YOU.

>> THANK YOU FOR THE PRESENTATION.

A COUPLE OF QUESTIONS.

JUST FOR THE RECORD, I'D LIKE TO KNOW IF WE HAVE SOME IDEA OF HOW MANY PAWN SHOPS WE HAVE WITHIN THE CITY AND WHERE THEY ARE LOCATED, DIRECTLY HOW CLOSE THEY ARE TO THIS PARTICULAR LOCATION.

>> YES.

STAFF HAS DONE A PRELIMINARY RESEARCH OF YOUR REQUEST, AND THERE ARE APPROXIMATELY FOUR WITHIN THE CITY OF INDIO, AND WE ARE PENDING CONFIRMATION OF -- THROUGH THE BUSINESS LICENSING DEPARTMENT.

TO FIND OUT EXACTLY HOW MANY, IF THERE ARE ANY IN PROCESS AT THE MOMENT, BUT AS WE KNOW OF AS OF TODAY THERE ARE FOUR, NONE OF WHICH ARE NEAR THIS LOCATION.

MOST OF THEM ARE LOCATED -- ONE IS LOCATED NEAR CITY HALL, AND ALSO ONE IS

[00:15:04]

LOCATED AT THE CORNER OF AMBIEN STREET AND INDIO BOULEVARD, SO THEY ARE NOT WITHIN THE IMMEDIATE VICINITY.

>> OKAY.

NESS A CONDITIONAL USE PERMIT, SO ARE THERE -- THIS IS A CONDITIONAL USE PERMIT, SO ARE THERE ANY AREAS OUR CITY WHERE THIS IS NOT AN ALLOWED USE OR IS THIS A CONDITIONAL USE AT ALL REQUESTS ALL THE TIME?

>> I CAN JUMP IN TO HELP.

WOULD THAT BE APPROPRIATE, JESSE?

>> ABSOLUTELY.

>> SO THE CITY COUNCIL HAS DESIGNATED THIS TYPE OF USE AS APPROPRIATE FOR AN CONDITIONAL USE PERMIT SO IT IS NOT PERMITTED OUTRIGHT IN THE CITY.

IT IS TYPICALLY PERMITTED IN CERTAIN COMMERCIAL ZONES, COMMISSIONER FRANZ, AND IN THOSE ZONES IT IS SPECIFIED IN THE CURRENT ZONING REGULATIONS AS A CONDITIONAL USE.

SO IT DOES ALWAYS REQUIRE, AT LEAST UNDER THE CURRENT ZONING REGULATIONS -- I SAY CURRENTLY BECAUSE YOU KNOW WE'RE IN THE PROCESS OF UPDATE ZONING REGULATIONS, AND WE'LL BE LOOKING AT SOME OF THAT TONIGHT LATER ON, BUT CURRENTLY THERE'S A CONDITIONAL USE PERMIT.

>> OKAY.

THOSE ARE MY ONLY QUESTIONS FOR NOW.

THANK YOU.

>> KIND TAGGING ONTO COMMISSIONER FRANZ'S QUESTION, JESSE, THE TWO THAT YOU MENTIONED ARE THE ONES THAT YOU SAW WHEN I LOOKED IT UP AND I KNOW THE ONE ON VAN BUREN AND INDIO BOULEVARD ARE KIND OF ON THE OUTSKIRTS.

WHAT ARE THE OTHER TWO AND WHERE ARE THEY LOCATED? BECAUSE I WASN'T SURE.

I THOUGHT AT ONE TIME THERE WERE A COUPLE IN THE OLD TOWN I DON'T KNOW DISTRICT KIND OF NEAR MYLES AND TOWN BUT I COULD ONLY FIND ROCKIES IN THAT AREA.

>> RIGHT.

FROM WHAT WE'VE GATHERED JUST FROM OUR PRELIMINARY REVIEW, THOSE WILL BE CLOSED, SO THEY WERE NOTABLE AS MENTIONED, BUT AS WE KNOW, THEY ARE NO LONGER IN ORIGINALS.

HOWEVER, WE WERE STILL PENDING TO FIND OUT FROM STAFF, FROM THE BUSINESS LICENSES DEPARTMENT, WHETHER OR NOT THEY HAD AN ACTIVE LICENSE AT THIS TIME.

>> SO TWO ARE CURRENTLY OPEN AND RUNNING IN IN INDIO.

>> THANK YOU.

>> COMMISSIONER YSIANO, I HAVE A FOLLOW-UP FOR THAT.

FOR THOSE TWO THAT ARE CURRENTLY NO LONGER IN BUSINESS, THEY BOTH HAD A CUP WHICH IS PART OF THE PROPERTY, CORRECT? SO IF ANOTHER PAWNSHOP WANTED TO OPEN UP IN THOSE TWO LOCATIONS, THEY COULD DO SO WITHOUT COMING TO US.

CORRECT?

>> JESSE, WOULD YOU LIKE ME TO ASSIST?

>> CERTAINLY, IF YOU WOULD LIKE.

>> SO COMMISSIONER FRANZ, IF THE CUP, IF THEY ARE OUT OF BUSINESS FOR MORE THAN A YEAR, THEN THE ANSWER IS NO.

THEY WOULD HAVE TO GO THROUGH A NEW CUP PROCESS.

HOWEVER, IF THEY HAVE EXITED THE AND ANOTHER SIMILAR BUSINESS COMES IN, THEY WOULD BE ALLOWED, AS LONG AS THAT CUP HADN'T BEEN -- AS LONG AS THE PROPERTY HADN'T BEEN VACANT FOR OVER A YEAR.

>> I'M ASSUMING WE'RE NOT AWARE HOW LONG THOSE -- THOSE OTHER TWO LOCATIONS HAVE BEEN OUT OF BUSINESS FOR.

>> AT THIS TIME I THINK, AS I UNDERSTAND, JESSE, PLEASE ELABORATE, I THINK JESSE WAS SAYING WE'RE A WAITING CONFIRMATION.

IN OUR BUSINESS LICENSE SYSTEM, IF YOU DO NOT RENEW ANNUALLY, THEN WE TYPICALLY -- WE GO THROUGH A PROCESS OF SEVERAL NOTIFICATIONS TO THE.

IF YOU DO NOT REVIEW ANNUALLY, YOU'RE ASSUMED TO BE OUT OF BUSINESS, AND SO WE ARE WAITING ON INFORMATION.

I THINK, JESSE, THAT'S WHAT YOU SAID EARLIER -- FROM BUSINESS LICENSING IT.

IT SHOCKS YOU, AND I'VE DRIVEN IN THE AREA THE CHAIRPERSON HAD NOTED, AND I HAVE NOT SEEN ANY ACTIVE OPERATIONS THERE.

>> THANK YOU.

>> THAT'S CORRECT.

>> THANK YOU.

ANY OTHER COMMISSIONER QUESTIONS FOR STAFF?

>> I DO HAVE A QUICK QUESTION.

IN REGARDS TO BACKGROUND CHECK THAT IS REQUIRED PRIOR TO ISSUING THE CUP, SO AS FAR AS THE BACKGROUND CHECK, IS THAT -- FOR THE APPLICANT, I BELIEVE IT'S AN LLC OR IS IT A CORPORATION? I DON'T RECALL WHAT THE BUSINESS ENTITY IS UNDER.

BUT IS IT GOING TO REQUIRE FOR ALL OF THE OFFICERS AND THE PRESIDENTS ON THAT CORPORATION TO HAVE A BACKGROUND CHECK OR IS IT THE EMPLOYEES? WHO EXACTLY IS GOING TO HAVE TO HAVE A BACKGROUND CHECK BEFORE ISSUING THE CUP?

>> THE DETAILS OF THAT IN ITS ENTIRETY HAVE BEEN DISCUSSED WITH THE INDIO POLICE DEPARTMENT AND THEY ARE CURRENTLY ENGAGING WITH THE PROPERTY -- RATHER THAN, -- WITH THE AMERICAN PAWN LLC OWNER, MR. MARINAKIS AND HE IS AWARE OF THAT.

THE INFORMATION HAS BEEN PROVIDED TO HIM AND HE IS CURRENTLY ACTIVELY, AS OF TODAY WORKING ON GETTING OFF THOSE DETAILS WORKED OUTED.

THE BACKGROUND CHECK IS ONE OF THE CONTINGENCIES OF THE CONDITIONAL -- THE CONDITIONS OF APPROVAL AS MENTIONED, ASSIGNMENT NUMBER 3, AND ALSO IN ADDITION TO THAT, ITEM NUMBER 6 INDICATES THAT THE APPLICANT HAS TO RECORD AGAINST THE SUBJECT PROPERTY ONCE ALL THE CONDITIONS HAVE BEEN MET.

>> AND DO WE KNOW IF THE APPLICANT HAS ANY EXPERIENCE RUNNING ANY THOROUGH OR

[00:20:06]

OWNING A PAWNSHOP OR WILL THIS BE THE FIRST PAWNSHOP THAT THEY RUN OR WHAT KIND OF PAWNSHOP BACKGROUND DO THEY HAVE?

>> ACTUALLY, MR. MARINAKIS AND I HAVE HAD A CONVERSATION CONCERNING THAT, AND HE ALSO HAS ANOTHER PAWNSHOP IN THE CITY OF PAULM DESERT NAMED PALM KINGS AS WELL SO HIS PRIMARY BUSINESS IS A PAWN BROKER.

>> PAWN BROKER.

OKAY.

THANK YOU.

>> THANK YOU.

>> OKAY.

IF THERE'S NO MORE COMMISSIONER QUESTIONS, THEN LET'S GO AHEAD AND HEAR FROM THE APPLICANT IF THEY HAVE ANYTHING TO ADD.

>> CHAIRPERSON YSIANO, I DON'T SEE THE APPLICANT.

>> OKAY.

DO WE HAVE ANY PUBLIC COMMENTS ON THIS ITEM?

>> I'M SORRY.

I'M HERE.

CAN YOU GUYS HEAR ME?

>> OH.

>> IT WAS MUTE.

I'M SORRY.

I'M HERE.

>> OKAY.

CERTAINLY.

WE'D LOVE TO HEAR FROM YOU IF YOU HAVE ANYTHING TO ADD.

>> NO, AS FAR AS A BACKGROUND CHECK, I WENT THROUGH THE CITY OF PALM DESERT AND I HAD A LIVE SCAN, IT'S CALLED, WITH THE DEPARTMENT OF JUSTICE HERE IN CALIFORNIA, AND I PASSED THAT 30 DAYS OR 40 DAYS.

I'M NOT SURE IF I HAVE TO DO ONE ALL OVER OR IF THE SHERIFF OF INDIO WILL ACCEPT THE ONE THAT THE CITY OF PALM DESERT ISSUED TO ME.

AND I'VE BEEN IN BUSINESS FOR 32 YEARS, AND WE HAVE TWO PAWN SHOPS IN SEATTLE.

I OWN TWO PAWN SHOPS IN SEATTLE, AND HOPEFULLY TWO DOWN HERE NOW.

>> MR. MARINAKIS, WHERE IN PALM DESERT IS YOUR OTHER SHOP LOCATED?

>> YEAH, I'M LOCATED RIGHT NEXT TO THE 7-ELEVEN, MY ACTUAL ADDRESS IS 73800 HIGHWAY 111.

>> THANK YOU.

>> YOU'RE WELCOME.

>> OKAY.

DOES ANYBODY HAVE ANY QUESTIONS FOR THE APPLICANT?

>> I DO.

>> OKAY.

GLORIA.

>> THANK YOU.

>> HI.

>> YES, FOR THE APPLICANT, HOW LONG HAS YOUR PAWNSHOP BEEN IN PALM DESERT?

>> 51 DAYS.

>> 51 DAYS.

OKAY.

>> YES.

>> SO ANY PARTICULAR REASON YOU MOVED FROM SEATTLE TO HERE? IT'S NOT LIKE AROUND THE CORNER, SO JUST CURIOSITY.

>> WELL, HONESTLY, I'VE BEEN COMING DOWN HERE FOR TEN YEARS, AND I ALWAYS WANTED TO ACTUALLY MOVE TO PALM SPRINGS, AND THAT'S THE REASON WHY I WOULD LIKE TO MOVE HERE, AT THE SAME TIME WORK.

I SAW THE OPPORTUNITY, AND, YOU KNOW, I JUST WANTED TO GIVE IT A TRY.

BUT THE MAIN REASON IS I WANT TO LIVE HERE.

I LIKE IT DOWN HERE.

>> OKAY.

THANK YOU.

>> I'M FROM SEATTLE.

WE HAVE A LOT OF RAIN.

>> IT'S WET, MM-HM.

>> YES, AND COLD.

>> SO CAN I ASK YOU A QUESTION.

THERE'S A LOT OF OPEN SPACE IN INDIO, RIGHT? THERE'S A LOT OF PROPERTIES AVAILABLE.

WHAT ATTRACTED YOU TO THIS PARTICULAR PROPERTY?

>> HONESTLY, I THINK IT'S A GOOD LOCATION, AND WE WERE ABLE TO -- IT'S GOT THE RIGHT PARKING.

WE'RE A LITTLE BIT UPSCALE.

WE SPEND A LOT OF MONEY ON OUR INTERIOR, AND WE LIKE THE FACT THAT, YOU KNOW, WE CAN START FROM SCRATCH, NEW FLOORS AND NEW EVERYTHING.

AND AGAIN, IT'S A GOOD LOCATION, AND WE'VE GOT THE RIGHT -- RIGHT DEAL WITH THE OWNER.

HE LIKED US.

WE LIKED HIM.

IT WORKED OUT.

AND -- I'M SORRY.

>> THAT'S OKAY.

GO AHEAD.

>> IT GIVES US ROOM TO EXPAND.

THE THE BUILDING WAS VACANT FOR A LONG TIME.

I BELIEVE THAT I CAN TAKE UP -- WE CAN EXPAND AFTER MAYBE 15,000 SQUARE FEET OR LARGER.

IT'S THE ONLY BUILDING THAT GIVES ME THAT OPPORTUNITY TO ACTUALLY EXPAND AS TIME GOES.

THE ONLY BUILDING.

>> I HAD ANOTHER QUESTION.

GIVE ME A SECOND.

OH.

WHAT ARE YOUR NORMAL HOURS OF OPERATION?

>> MONDAY THROUGH SATURDAY 10:00 TO 6:00.

THE PALM DESERT STORE IS OPEN ON SUNDAYS.

WE'RE NOT SURE ABOUT THE INDIO STORE, BUT FOR SURE MONDAY THROUGH SATURDAY 10:00 TO 6:00.

[00:25:02]

>> 10:00 TO 6:00.

SO THERE WILL BE NO LATE HOURS.

>> NO LATE HOURS, NO.

>> THANK YOU.

>> YOU'RE WELCOME.

>> IF THERE'S NO OTHER COMMISSIONER QUESTIONS FOR THE APPLICANT, THEN LET'S MOVE TO PUB COMMENTS ON THE ITEM.

>> CHAIR, I DID HAVE QUESTIONS.

>> OKAY.

PLEASE.

>> MR. MARINAKIS, I'M CURIOUS AS TO WHO THE TARGET CLIENTELE IS WITHIN YOUR BUSINESS MODEL.

AND THEN ALSO, BEING A BIT TRANSPARENT, KNOWING THAT THERE ISN'T ALWAYS THE BEST SORT OF CULTURE AROUND THESE TYPES OF BUSINESSES, I'M CURIOUS AS TO WHAT SEPARATES THIS PARTICULAR PAWNSHOP FROM OTHERS THAT ARE LOCATED IN THE AREA.

>> WHAT AM I GOING TO DO DIFFERENT, YOU MEAN? WE OFFER MORE SERVICES.

WE TAKE VEHICLES.

WE TAKE HEAVY EQUIPMENT.

WE ACTUALLY HAVE THE FUNDS TO DO LARGER LOANS WHEN IT COMES TO AMOUNT.

AND, YOU KNOW, WE'RE PLANNING ON EXPANDING IN PALM SPRINGS AND HAVING MORE THAN TWO STORES.

SO, YOU KNOW, WE LIKE ALL THE DEMOGRAPHICS, LIKE PALM DESERT IS DIFFERENT, INDIO IS DIFFERENT.

WE'RE LOOKING TO OPEN UP PROBABLY FIVE, SIX LOCATIONS IN THE -- DOWN HERE IN THE DESERT.

AND I LIKE INDIO, ALWAYS DID.

I THOUGHT FOR MY BUSINESS IT'S GOING TO BE A GOOD PLACE.

AND IT'S NOT THE TYPICAL PAWNSHOP.

I MEAN, IF YOU WALK INTO MY STORE, I HAVE HARDWOOD FLOORS.

IT'S -- WE LIKE TO CALL OURSELVES A LITTLE BIT UPPER SCALE.

YOU KNOW, WE BELIEVE IN LOOKING BETTER AND CERTAINLY THE BRAND, WE HAVE BIG PLANS, GO PUBLIC IN THE FUTURE, AND WE HAVE INVESTORS.

WE LIKE TO DO THINGS RIGHT.

>> THANK YOU.

ANY OTHER QUESTIONS? OKAY.

SO WE'LL GO AHEAD AND, IF IT'S OKAY NOW, WE'LL OPEN PUBLIC COMMENT ON THIS ITEM.

CLEMENTINA, DO WE HAVE ANY PUBLIC COMMENTS?

>> WE HAD ONE THAT I EMAILED.

IT CAME IN AT 4:27 P.M.

>> OKAY.

>> AND RIGHT NOW I DON'T SEE ANY RAISED HANDS, SIR.

>> OKAY.

I DIDN'T SEE THAT ONE.

THAT WAS EMAILED TO US AT 4:27 IN.

>> OR SHORTLY AFTER, YES.

>> IF YOU WOULD LIKE, I CAN BRIEFLY SUMMARIZE.

THE EMAIL WAS WILSON AND MEADE.

HE'S THE COMMERCIAL BROKER FOR THE PROPERTY.

HE WAS POSITIVE FOR THE PROJECT ADVOCATING THE COMMISSION'S CONSIDERATION.

HIS PRIMARY POINT WAS THAT THE BUILDING HAS BEEN UNOCCUPIED FOR TEN PLUS YEARS AND THAT AS PART OF THE REHABILITATION OF THE BUILDING, THIS WOULD BE THE FIRST TENANT OF WHAT THEY HOPE WILL BE MULTIPLE TENANTS TO FULLY OCCUPY THE BUILDING.

SO HE RECOMMENDED OR ASKED FOR CONSIDERATION OF THE COMMISSION SUPPORTING THIS CUP.

>> OKAY.

THANK YOU, KEVIN.

ALL RIGHT.

SO SINCE THAT'S IT FOR PUBLIC COMMENTS, WE'LL GO AHEAD AND CLOSE THE PUBLIC HEARING.

AND, COMMISSIONERS, ANYONE HAVE ANY THOUGHTS, ANY DELIBERATION?

>> CAN I ASK A QUESTION OF STAFF?

>> CERTAINLY.

>> WE ARE CURRENTLY UNDER REVIEW OF OUR HIGHWAY 111 SPECIFIC PLAN, CORRECT?

>> WE ARE CURRENTLY DEVELOPING IT, YES.

>> OKAY.

WHAT IS THE TIMELINE WHERE WE PLAN TO POSSIBLY GET THAT TO A VOTE?

>> WE HOPE TO HAVE THAT IN FRONT OF THE COMMISSION IN THE NEXT FEW MONTHS FOR INITIAL REVIEW AND THEN PUBLIC HEARING.

WE ARE -- OUR GOAL IS TO HAVEIT THROUGH THE ADOPTION PROCESS BY THE END OF SUMMER.

>> SO BEFORE THE END OF THIS YEAR, PROBABLY FALL HOPEFULLY, WE SHOULD HAVE --

>> YES.

>> -- WHATEVER OUR NEW VISION FOR HIGHWAY 111.

>> THAT IS CORRECT.

>> THAT'S MY ONLY QUESTION RIGHT NOW.

I WANT TO SEE WHAT THE OTHER COMMISSIONERS SAY.

>> AND KIND OF TAGGING ALONG THAT, KEVIN, WHEN SOMETHING DOES COME IN FRONT OF US FOR THE HIGHWAY 111 CORRIDOR TO REVIEW, IT PROBABLY -- IT WOULD STILL REMAIN A CUP ITEM, CORRECT, IF WE WERE TO ALLOW A PAWNSHOP ON THIS STREET?

>> THAT WOULD BE PART OF YOUR DISCUSSION AND ULTIMATELY RECOMMENDATION TO

[00:30:02]

CITY COUNCIL, SO THE USES, WHAT YOU BELIEVE IS APPROPRIATE TO BE ALLOWED VERSUS CONDITIONAL VERSUS PROHIBITED WILL BE PART OF YOUR REVIEW PROCESS AND YOU WILL MAKE THAT INITIAL PROPOSITION, SO I CAN'T CONCLUSIVELY SAY IT WILL BE A CONDITIONAL USE PERMIT.

THAT WILL BE PARTIALLY UP TO YOU AS A BODY AND WHAT YOU RECOMMEND TO COUNCIL.

>> OKAY.

ANY OTHER COMMISSIONER COMMENTS? COMMISSIONER VALDEZ.

NO? COMMISSIONER CEJA.

>> I THINK FOR ME I HAVE A CONCERN BECAUSE THE SITE HESITANT BEEN OCCUPIED, AND, YOU KNOW, TO ME IT'S EXCITING THAT WE'RE STARTING TO GET INTEREST IN THE LOCATION AND THAT WE'RE SEEING MORE BUSINESSES TAKING AN INTEREST IN INDIO.

I'M JUST NOT SO SURE THAT NECESSARILY THIS PARTICULAR TYPE OF BUSINESS IS ADEQUATE FOR THIS PARTICULAR LOCATION, AND SO I REALLY APPRECIATE THE QUESTIONS THAT WERE RAISED BY SOME OF THE COMMISSIONERS ABOUT THE LOCATION AND HOW MANY ARE OPERATIONAL AT THE MOMENT IN THE CITY OF INDIO.

IT SEEMS TO ME THAT EVEN WITH SOMETHING THAT IS A LITTLE MORE UPSCALE, I STILL DO NOT THINK THAT THE 111 CORRIDOR IT MIGHT NECESSARILY BE THE BEST PLACE.

SO THOSE ARE SORT OF MY CONCERNS THAT I JUST WANTED TO SHARE.

>> COMMISSIONER FRANZ, ANY OTHER THOUGHTS?

>> YOU KNOW, HONESTLY, I MEAN, I HAVE THE SAME CONCERNS.

I MEAN, MY -- YOU KNOW, I KNOW EXACTLY WHERE THAT LOCATION IS.

I REMEMBER THE FURNITURE STORE THAT WAS THERE FOR A VERY LONG TIME.

I KNOW THAT THE BANK IS LITERALLY RIGHT TO THE LEFT, IF YOU'RE FACING WHAT IS GOING TO BE THERE, THEIR SPACE IF THIS GOES THROUGH.

AND I'M NOT SURE THAT THAT IS THE BEST USE FOR THAT SPACE.

I'M ALSO CONSCIOUS OF THE FACT THAT IT HAS BEEN VACANT FOR OVER TEN YEARS.

I KIND OF WISH THAT MAYBE THIS HAD BEEN HELD UP UNTIL THE BACKGROUND CHECK HAD COME THROUGH AND MAYBE WE WERE FARTHER ALONG ON THE SPECIFIC PLAN BUT UNFORTUNATELY I DON'T GET TO MAKE THOSE TIMELINE DECISIONS, RIGHT? I'M NOT 100% SURE THIS IS WHAT SHOULD BE GOING INTO THAT PARTICULAR PART OF OUR CITY AND I HAVE THE CONCERN THAT WE HAVE NOT COMPLETED THE SPECIFIC PLAN EITHER AND THAT QUESTIONS A LOT THINGS.

SO THAT'S KIND OF WHERE I'M AT.

I'D LOVE TO HEAR A LITTLE MORE FROM THE CHAIR AND MAYBE COMMISSIONER VALDEZ AND SEE WHERE WE ARE.

>> YEAH, MY THOUGHTS ARE THAT I DO REMEMBER THAT FURNITURE STORE AS WELL, AND EVEN THE LAST SEVERAL YEARS THAT IT WAS OPEN, IT REALLY DID VERY, VERY BRISK BUSINESS AND INVENTORY WAS LOW AND EVERYTHING WAS KIND OF SPREAD OUT AND THERE'S JUST SO MANY VACANT BUSINESSES ON THAT, ON THAT NORTH SIDE OF 111, YOU KNOW, FROM THE OFFICES JUST ON THE OTHER SIDE OF ARABIA TO THE BUILDINGS THAT ARE BEHIND LIKE THE LITTLE CAESARS AND THE MEAT MARKET AT THE AM/PM CENTER ON REQUA.

A LOT OF THOSE FRONTAGE STORES ON OTHER SIDE OF REQUA AND THE CARDENAS MARKET, THERE'S SO MUCH IN ACTIVITY THERE AND WHAT'S RIGHT ACROSS THE WAY FROM OUR UPCOMING SUPER STAR OF HIGHWAY 111 WITH THE NEW INDIO MALL THAT WE'RE WORKING ON.

SO I LIKE THAT THERE'S INTEREST IN THIS AREA.

I WOULD LIKE TO SEE MORE INTEREST IN THE AREA, AND I THINK IF WE HAVE SOME OF THOSE STOREFRONTS FILLED, IT MIGHT HELP GENERATE SOME OF THAT INTEREST.

SO I UNDERSTAND THE CONCERNS OF SOME OF OUR COMMISSIONERS AS WELL, BUT IT SOUNDS LIKE THIS APPLICANT IS TRYING TO BRING A MORE UPSCALE TYPE ENVIRONMENT WITH A SOLID SECURITY PLAN THAT I'M SURE WILL BE VETTED BY OUR POLICE DEPARTMENT AND STUFF TO MAKE SURE THAT IT'S A SAFE BUSINESS TO HAVE IN THIS AREA.

>> I AGREE WITH CHAIRPERSON YSIANO THAT IT'S NICE TO HAVE SOMEONE INTERESTED IN INVESTING THEIR TIME, THEIR MONEY IN OPENING UP A BUSINESS IN THE CITY OF INDIO.

THAT LOCATION HAS BEEN VACANT FOR A VERY LONG TIME, AND, YOU KNOW, DOES IT FIT INTO THE SPECIFIC PLAN? WE'RE NOT THERE YET, BUT IT'S JUST NICE TO HAVE SOMEONE INTERESTED IN THAT AREA AND HAVING A BUSINESS FILL UP THE SPACE.

LIKE CHAIRMAN YSIANO SAID, MAYBE IT WILL BRING OTHER INTEREST AND OTHER BUSINESSES THAT WILL WANT TO OPEN UP SHOP THERE AS WELL, AND IT'S NICE THAT IT IS UPSCALE TYPE OF PAWNSHOP, SO HOPEFULLY THAT KIND OF SETS THE TONE FOR THE OTHER

[00:35:05]

BUSINESSES THAT OPEN UP IN THE SURROUNDING AREAS.

THAT'S ALL I HAVE.

>> CHAIR, IF I MAY ADD ONE MORE COMMENT.

>> I'M SORRY.

GO AHEAD.

>> NO, PLEASE, GO AHEAD.

>> NO, PLEASE, VICE CHAIRPERSON, I JUST WANT TO MAKE A COMMENT BEFORE THE COMMISSION MASKS ANY CONSIDERATION OF THE MOTION.

PLEASE GO AHEAD.

>> THANK YOU.

I GUESS, AS YOU WERE THINKING ABOUT IT, I, TOO, -- I REALLY DO WANT TO SEE BUSINESSES COME IN OCCUPYING THAT AREA, BUT MY CONCERN ABOUT, TO THE CHAIR'S POINT, MY CONCERN IS THAT THE TYPES OF BUSINESSES THAT WE'RE PUTTING ON THE CORRIDOR, RIGHT? I KNOW THAT IT'S NOT THE EASIEST AND THE BEST OF JOBS FOR US TO SIT HERE AND DECIDE IS THIS IN LINE WITH THE GENERAL PLAN, IS THIS IN LINE WITH WHAT THE COMMUNITY ENVISIONED FOR THESE PARTICULAR AREAS, BUT ULTIMATELY I FEEL THAT THAT'S WHERE, WHERE WE SHOULD BE GUIDING OUR DECISION MAKING.

AND SO I LIKE THE IDEA THAT THIS IS AN UPSCALE PAWNSHOP, AND SO, YOU KNOW, I WOULD LIKE TO SEE SOMETHING LIKE THIS PROPOSED MAYBE OVER ON JEFFERSON, THAT SHOPPING CENTER, 50TH AND JEFFERSON.

I FORGET THE NAME, I'M SORRY.

BUT IT'S A LITTLE MORE UPSCALE.

AND SO I THINK THERE ARE AREAS THAT ARE BEING HIGHLY OCCUPIED THAT HAVE MORE OF THIS FOCUS OF SERVING A HIGH END CLIENTELE, AND SO TO ME IT JUST SEEMS LIKE THIS PARTICULAR AREA WE SHOULD BE THINKING ABOUT WHAT TYPES OF BUSINESSES WE WANT TO START PUTTING IN THOSE FRONTS TO ATTRACT MORE BUSINESSES, MORE ATTRACTION, HAVING THE COMMUNITY BE ABLE TO, YOU KNOW, HAVE A SHORT DRIVE AND HOPEFULLY A WALK OR A BUS RIDE TO THESE TYPES OF BUSINESSES.

AND SO WHO IS COMING TO THESE STORES? IS THIS A STORE THAT WILL SERVE THE MAJORITY OF OUR CITY AND PARTICULARLY PEOPLE THAT COME AND VISIT US FROM OTHER CITIES THAT ARE DRIVING DOWN 111? OR ARE THERE OTHER AREAS WITHIN THE CITY THAT MIGHT ALSO BE ABLE TO HOUSE THIS? SO I'M NOT OPPOSED TO THE IDEA OF THIS TYPE OF COMMERCIAL USE.

I THINK I WOULD BE CURIOUS TO EXPLORE THE IDEA OF WHAT IT WOULD LOOK LIKE IN SOME OTHER NEIGHBORHOOD, LIKE I MENTIONED, OVER ON JEFFERSON AND 58TH WHERE WE ARE EXPANDING THAT.

AND SO I'M WONDERING WOULD IT BE MORE OF FETE IN AN AREA LIKE THAT.

I JUST WANTED TO SHARE THOSE COMMENTS.

>> CHAIR, A COMMENT.

I JUST WANT TO REMIND THE COMMISSION AS YOU GO FORWARD AND POTENTIALLY LOOK FOR A MOTION FOR YOUR CONSIDERATION, IF THERE IS A CONSIDERATION OF DENIAL, THE ASSISTANT CITY ATTORNEY AND MYSELF WILL BE ASKING YOU TO COUCH ANY CONSIDERATION OF DENIAL BASED ON A FACTUAL RECORD, AND WHAT I MEAN BY THAT IS THAT THE CURRENT MUNICIPAL CODE REQUIRES THAT THE PLANNING COMMISSION MAKE FOUR FINDINGS.

THOSE ARE SPECIFIED IN THE STAFF REPORT THAT YOU RECEIVED, AND SO AS YOU -- IF YOU ARE CONSIDERING A DEFINITELY THIS, IT'S IMPORTANT AND APPROPRIATE THAT THE COMMISSION BASE A DENIAL ON THOSE REQUIRED FINDINGS, THAT FOR WHATEVER REASONS YOU DEEM APPROPRIATE BUT THEY NEED TO BE TIED BACK TO THOSE FOUR FINDINGS.

AND IF YOU NEED HELP FROM THE ASSISTANT CITY ATTORNEY AND MYSELF WEEK WE CAN WALK YOU THROUGH THAT, BUT THAT IS SOMETHING THAT ON THE RECORD WE DO NEED TO ASK YOU TO DO MORE CONSISTENTLY, AND SO I DON'T KNOW IF THE CITY ASSISTANT CITY ATTORNEY WANTS TO GIVE ANY ADDITIONAL THOUGHTS BUT I JUST WANT TO SHARE THAT WITH YOU BECAUSE IF YOU START TO GO DOWN THAT ROUTE, YOU'RE GOING TO ASK US HEAR FROM DETAILED, NOT OVERLY DETAILED, BUT DETAILED FINDINGS.

>> THANK YOU, DIRECTOR SNYDER.

THE ONLY THINGS I WOULD ADD ARE THAT THE RESOLUTION STAFF HAS PREPARED AND PUT IN FRONT OF YOU REFERENCES THOSE FINDINGS, SHOWS WHY THEY'RE MADE, FINDINGS IN SECTION 159.756 OF THE MUNICIPAL CODE WHICH ARE ON PAGE 7 OF THE STAFF REPORT, IF IT'S HELPFUL FOR REFERENCE.

SO THAT WOULD BE IF THE COMMISSION INTENDS TO APPROVE THOSE, THOSE FINDINGS OF WHY THOSE REQUIREMENTS MET ARE INCLUDED THERE.

IF THE COMMISSION WERE TO INTEND TO DENY OR NOT APPROVE, THEN AS DIRECTOR SNYDER MENTIONED, ALTERNATE OR MODIFIED FINDING WOULD BE NEEDED TO SUPPORT WHY THE REQUIRED FINDINGS COULDN'T BE MET.

>> THANK YOU.

[00:40:02]

>> I'M SORRY, ZACH.

PLEASE EXCUSE MY IGNORANCE.

SO IF -- SO IF THE DECISION, AND THEN THIS IS, I'M ASSUMING THE BOARD, THAT YOU'LL BE ASKING US TO MAKE A DIRECT LINK, DOES THAT MEAN THAT THEN WE SHOULD BE -- H'M.

I'M JUST CURIOUS HOW THE PROCESS WORKS.

WHEN WE COME TO YOU AT THE COMMISSION, IF WE'RE STILL WAITING TO HEAR THE STAFF REPORT, IF WE'RE STILL WAITING TO HEAR COMMENTS FROM THE APPLICANT AND FROM OTHER COMMISSIONERS, SO, YOU KNOW, I DON'T USUALLY COME HERE WITH A MADE-UP MIND, HOW IS IT THAT WE WOULD THEN WORK OUT LINKING, IF THERE ARE REASONS THAT HAVE BEEN BROUGHT UP THAT HAVE SORT OF SWAYED ME TO ONE SIDE OR THE OTHER, HOW SIT THAT WE'RE PLANNING ON PUTTING TOGETHER THOSE THINGS OR IS THAT SOMETHING WE DO PUBLICALLY HERE?

>> I'LL DEFER TO DIRECTOR SNYDER AS WELL IF HE HAS A COUPLE THOUGHTS ON IT, BUT I KNOW THERE ARE DIFFERENT APPROACHES.

ONE WOULD BE TO THE WORK AND PROVIDE THOSE ALTERNATE FINDINGS DURING THE COURSE OF THE MEETING NOW, NOW THAT YOU HAVE RECEIVED THE INFORMATION AND BASED ON A REVIEW OF ALL THE MATERIAL ON THE RECORD CAN MAKE THOSE FINDINGS.

AT TIMES I KNOW SOME AGENCIES AND COMMISSIONS WILL ASK STAFF -- WILL JUST PROVIDE THEIR RATIONALE AND THEN ASK STAFF TO RETURN WITH A RESOLUTION PROVIDING THE FINDINGS SUPPORTING A DENIAL AT A LATER MEETING.

SO THERE ARE A COUPLE DIFFERENT WAYS TO ADDRESS IT, AND I THINK PERHAPS THE MOST APPROPRIATE METHOD NOW OR IN ADVANCE PROBABLY IS CIRCUMSTANCE DEPENDENT IF THERE IS A PARTICULAR NEED TO FLESH SOMETHING OUT BEYOND WHAT YOU AS COMMISSIONERS CAN KIND OF WORK THROUGH AND YOUR THOUGHTS AND THEN WHATEVER ASSISTANCE DIRECTOR SNYDER OR MYSELF CAN PROVIDE.

KEVIN, I DON'T KNOW IF THERE'S ANYTHING ELSE YOU WANTED TO ADD TO THAT.

>> I WAS JUST GOING TO GIVE AN EXAMPLE TO THE VICE CHAIRPERSON'S QUESTION.

SO, FOR EXAMPLE, ONE OF THE FINDING YOU HAVE TO MAKE IS THAT THE PROPOSED LOCATION OF THE CONDITIONAL USE AND THE CONDITIONS UNDER WHICH IT WOULD BE OPERATED OR MAINTAINED WILL NOT BE DETRIMENTAL TO THE PUBLIC, HEALTH, SAFETY OR WELFARE OF A MATERIALLY INJURIOUS TO PROPERTIES OR IMPROVEMENTS IN VICINITY.

SO AS AN EXAMPLE, IF YOU AS A COMMISSION FELT THAT IT WOULD BE OPERATED OR MAINTAINED IN A DETRIMENTAL WAY AT TO PUBLIC HEALTH, SAFETY OR WELFARE OR BE MATERIAL INJURIOUS TO PROPERTIES IN THE CITY, THEN AS ZACH POINTED ON YOU, YOU WOULD WANT TO MAKE A FINDING THAT DEMONSTRATES WHY YOU, YOU AS A COMMISSION FEEL THAT THAT PARTICULAR FINDING IS -- CANNOT BE MADE IN THE POSITIVE BUT CAN BE MADE IN NEGATIVE.

THAT BEING THAT IT WILL NOT BE -- IT WILL BE DETRIMENTAL TO THE PUBLIC'S HEALTH, SAFETY OR WELL DESPAIR BE MATERIALLY INJURIOUS TO PROPERTY.

AS ZACH POINTED OUT THERE ARE SEVERAL WAYS TO DO IT.

WE HAVE I DIDN'T SO FAR UNDER THE VERBAL STATEMENTS OF THE COMMISSION.

WE CAN CERTAINLY DO, AS ZACH INDICATED, WE CAN BRING BACK A MODIFIED RESOLUTION THAT MAKES FINDINGS DEMONSTRATING, BASED ON YOUR VERBAL STATEMENTS THIS EVENING, AS TO WHY YOU HAVE DECIDED TO DENY THE APPLICATION TIED BACK TO THOSE FINDINGS.

AND WE'RE BRINGING THIS U.S.

UP NOW, THIS IS POLITICAL TO ANY APPLICATION, AND WE'RE USING THIS AS A MOMENT TO ENSURE THAT ZACH AND I ARE DOING OUR JOB TO MAKE SURE THAT THE COMMISSION IS MAKING FACTUAL DECISIONS BASED ON APPLICABLE CITY CODE AND ON THE RECORD BEFORE YOU.

>> AND JUST -- >> A POINT OF -- SORRY.

AS A POINT OF CLARIFICATION.

>> PLEASE.

>> IT'S SOMETHING THAT'S REQUIRED PURSUANT TO CITY CODE AND FOR THESE MATTERS WHERE THE CITY PLANNING COMMISSION IS SITTING AS KIND OF THE QUASI-JUDICIAL BODY BASICALLY PROVIDING A HEARING FOR A MATTER LIKE THIS UNLESS -- IN OTHER SITUATIONS YOU'LL GO OVER LEGISLATIVE ITEMS WHICH DON'T ALWAYS REQUIRE FINDINGS, BUT SOMETHING LIKE A CONDITIONAL USE PERMIT, DESIGN REVIEW HAVE FINDINGS THAT THE CODE REQUIRES, EITHER NEED TO BE MADE FOR THE ENTITLEMENT TO BE APPROVED OR IN THE ABSENCE OF THAT, THERE SHOULD BE FINDINGS NOTING WHY THOSE FINDINGS CAN'T BE SUPPORTED.

>> I APPRECIATE THE EXPLANATION.

I GUESS MY QUESTION IS IF MY CONCERN IS COMING FROM THE FACT THAT WE ARE STILL CURRENTLY WORKING ON PUTTING TOGETHER THE PLAN FOR THE CORRIDOR, SO WE HAVEN'T TRULY HAD THE CONVERSATIONS AND THE DISCUSSIONS AS TO WHAT THIS CORRIDOR SHOULD AND SHOULD NOT, COULD AND COULD NOT PROVIDE.

I'M JUST WONDERING IF THERE IS -- IF THERE IS AN OPPORTUNITY THERE.

I GUESS I'M SAYING EVEN IF IT'S NOT, SAY, IT DOES NOT MEET THOSE REQUIREMENTS, IT'S SAYING THERE IS STILL A PROCESS, A BODY OF WORK THAT'S BEING DEVELOPED THAT

[00:45:05]

SHOULD BE GIVING US MORE DIRECTION IN THE FUTURE, AND THAT WE'RE SORT OF BOUND IN A LITTLE INTERIM PLACE, AND SO I'M WONDERING, YOU KNOW, WHAT DO WE DO WHEN WE COME UP WYE SITUATION LIKE THAT.

>> SO VICE CHAIRPERSON, I'LL GIVE YOU AN INITIAL RESPONSE AND IF ZACH WANT TO WEIGH IF HE CAN.

THE SHORT ANSWER IS YOU CANNOT CONSIDER THE SPECIFIC PLAN AT THIS TIME BECAUSE IT'S NOT AN ADOPTED DOCUMENT BY THE CITY COUNCIL.

IT HAS NOT GONE THROUGH THE LEGISLATIVE PROCESS AND THEREFORE WHILE YOU KNOW IT'S BEING WORKED ON, YOU ARE LEGALLY OBLIGATED TO CONSIDER UNDER THE RULES, THE ZONING RULES IN EFFECT AT THIS TIME, WHICH IN THIS INSTANCE REQUIRES A CONDITIONAL USE PERMIT.

SO IT WOULD BE LEGALLY UNAPPROPRIATE FOR YOU TO MAKE ANY DETERMINATION BASED ON A PLAN THAT BLUNTLY, IT MAY OR MAY NOT GET ADOPTED.

WE HOPE IT WILL EVENTUALLY, BUT IT WOULD PUT THE CITY AT LEGAL RISK IF YOU BASED A DECISION ON A PROCESS CURRENTLY UNDERWAY BUT THAT HAS NOT BEEN VETTED ALL THE WAY THROUGH COUNCIL AND ADOPTED.

>> I DON'T HAVE ANYTHING TO ADD BEYOND.

I THINK THAT'S AN ACCURATE STATEMENT, AND THE APPLICANTS ARE HELD TO THE LAW APPLICABLE TO APPLICABLE TO THEM AT THE TIME OF THE CONSIDERATION.

SO AS DIRECTOR SNYDER MENTIONED, ZONING CODES CHANGE HERE AND THERE.

THEY MAY NOT CHANGE.

SO ALL WE HAVE BEFORE US IS WHAT THE CURRENT APPLICABLE CLAUSE ORDNANCES AND OTHER REGULATIONS ARE.

>> SO I HAVE A QUESTION FOLLOWING COMMISSIONER -- VICE CHAIR RODRIGUEZ CEJA'S COMMENTS.

SO THERE ARE FOUR FINDINGS, CORRECT? A, B, C AND D.

IS THAT WHAT I'M UNDERSTANDING CORRECTLY?

>> CORRECT.

>> SO FOR IN ORDER FOR TO US CONSIDER DEFINITELY ANY CUP THAT COMES BEFORE US, WHETHER IT'S THIS ONE OR OTHERS, WE HAVE TO FIND A FINDING FOR EACH OF THOSE OR FOR SOME OF THOSE?

>> THE LATTER.

OUR CODE DOES NOT CURRENTLY SAY THAT YOU HAVE TO MAKE FINDINGS FOR ALL OF THESE, AND THE BASIS OF DENIAL, ONE OR MORE FINDINGS THAT SUPPORT A DENIAL ACTION BY THE COMMISSION IS APPROPRIATE.

>> OKAY.

SO WE ONLY HAVE TO BE ABLE TO ARTICULATE ONE OF THESE.

>> ZACH I THINK WANTS TO WEIGH IN AS WELL.

I'LL LET HIM.

>> SO THE CODE REQUIRES THAT THE PLANNING COMMISSION SHALL MAKE THE FOLLOWING FINDINGS BEFORE GRANTING A CONDITIONAL USE PERMIT, SO TO APPROVE -- AND THIS IS JUST AS A GENERAL MATTER SINCE WE'RE KIND OF GOING THROUGH THAT IT.

MIGHT BE HELPFUL.

AS A GENERAL MATTER WHEN WE HAVE A CUP, THE COMMISSION HAS TO APPROVE THE CUP ENTITLEMENT.

THE COMMISSION HAS TO MAKE ALL FOUR OF THOSE FINDINGS, A, B, C AND D.

TO DENY A PROPOSED ENTITLEMENT, THE COMMISSION HAS TO SHOW WHY AT LEAST ONE OF THOSE FINDINGS CANNOT BE MADE, AND AS DIRECTOR SNYDER NOTED, THE FINDING IS THERE AND THE REQUIRED FINDING IS THERE AND WHAT IS BEING ASKED OF THE COMMISSION IN THAT SITUATION, EITHER BECAUSE EITHER FOR OR AGAINST IF THE COMMISSION FINDS -- THE FINDING THERE IS EITHER SATISFIED OR NOT BECAUSE, AND THEN YOU ALL FILL IN THE BLANK AS TO WHY OR WHY NOT, WHATEVER IS LISTED IN A, B, C, D IN THERE IS MET.

SO, FOR EXAMPLE, AS WAS MENTIONED BEFORE, D IS THE COMMISSION FINDS EITHER THAT THE PROPOSED CONDITIONAL USE COMPLIES WITH THE GOALS, OBJECTIVES AND POLICIES OF THE CITY'S GENERAL PLAN, AND THE MATERIALS THAT STAFF PREPARED AND THAT ARE INCLUDED IN THE RESOLUTION PROVIDE AN AFFIRMATIVE FINDING AS TO WHY THAT'S SATISFIED, IF IN THIS CASE OR SOME OTHER CIRCUMSTANCE THE COMMISSIONER COMMISSION WERE TO SAY THIS THEY DISAGREED WITH STAFF'S ASSESSMENT BASED ON WHAT WAS IN THE RECORD, YOU WOULD PROVIDE THAT ALTERNATE FINDING AS TO WHY THE PROPOSED CONDITIONAL USE PERMIT DOESN'T COMPLY WITH THE GOALS AND OBJECTIVES AND

POLICIES OF THE GENERAL PLAN BECAUSE -- AND THEN YOUR -- >> WE WOULD HAVE TO REFERENCE, I'M ASSUMING, THE SECTION OF THE PLAN THAT WE ARE REFERENCING.

>> YEAH, I MEAN, THAT'S I THINK THE MOST HELPFUL FOR KEEPING A CLEAN, STRAIGHT RECORD, AS LONG AS WE CAN KIND OF TIE IT BACK TO IT.

I THINK THAT WORKS.

THE KEY IS JUST PROVIDING THE FACT YOU'LL RECORD FOR WHY SOMETHING IS OR IS NOT APPROVED BASED ON THESE FOUR STANDARDS THAT THE CITY'S MUNICIPAL CODE REQUIRES FOR PARTICULAR ENTITLEMENT, LOOK A CONDITIONAL USE PERMIT, OR THE FINDINGS THAT ARE REQUIRED FOR A DESIGN REVIEW AND OTHER SITUATIONS.

>> SO FOLLOWING UP ON THE COMMENTS BY OUR VICE CHAIR, I'VE BEEN ON THE COMMISSION

[00:50:03]

FOR A FEW YEARS.

I KNOW THAT WE'VE BEEN CHANGING HOW OUR STAFF REPORTS ARE DONE, AND I ACTUALLY DO LIKE THEM.

THEY'RE VERY DETAILED, SO I'M NOT SAYING I'M AGAINST THEM.

BUT THIS HAS NOT BEEN KIND OF HOW THINGS HAVE BEEN DONE OVER THE YEARS, AND IT WOULD HAVE BEEN NICE TO HAVE HAD MAYBE A LITTLE BIT OF A TRAINING SESSION ON THIS PRIOR TO THE LAST COUPLE OF MEETINGS.

WITH THAT BEING SAID, I FEEL A LITTLE UNCOMFORTABLE, LIKE HOW OUR VICE CHAIR SAID, THAT WE'RE GOING TO HAVE TO COME TO THESE MEETINGS OR SHOULD BE COMING TO THESE MEETINGS POSSIBLY WITH MORE OF AN IDEA OF HOW WE FEEL BECAUSE WE'RE GOING TO HAVE TO BE ABLE TO ARTICULATE VERY CLEARLY THOSE FOUR FINDINGS, SO I'M UNDERSTANDING WHERE ON THE LEGAL FRONT WE'RE FRYING TRYING TO GO, BUT AT THE SAME TIME I THINK WE'RE LOSING A LITTLE BIT OF OUR ABILITY TO LISTEN AND MAKE A FULL DECISION TODAY, FOR EXAMPLE, AND I'M NOT GOING TO ASK FOR A WHOLE TRAINING SESSION DURING THIS MEETING, BUT I HONESTLY WOULD LIKE TO PUBLICALLY REQUEST THAT WE HAVE SOME TYPE OF A STUDY SESSION OR TRAINING OR WE RECEIVE SOME I GUESS BETTER GUIDANCE ON HOW WE'RE GOING TO BE DOING THIS GOING FORWARD.

>> COMMISSIONER, MESSAGE HEARD, AND I APOLOGIZE.

ZACH AND I HAD TALKED AFTER THE LAST MEETING AND FELT THAT WE NEED TO DO A BETTER JOB OF GUIDING UP.

I WANT TO REINFORCE NEITHER ZACH OR I ARE SAYING THAT ANY COMMISSIONER HAS TO COME TO THIS MEETING WITH A PRECONCEIVED NOTION OF HOW THEY'RE GOING TO VOTE.

WHAT OUR JOB IS IS TO GUIDE YOU, TO MAKE SURE WHEN YOU ARE CONSIDERING AN ACTION, THAT YOU ARE DOING IT IN A WAY THAT IS LEGALLY SUPPORTED, AND CERTAINLY WE ARE HERE TO HELP YOU.

IF, FOR EXAMPLE, JUST TO DO A SCENARIO, IF THE COMMISSION ON THIS PARTICULAR ITEM DECIDED THAT IT WAS GOING TO DENY IT, THEN ZACH AND I ARE BOTH AVAILABLE TO ASSIST THE COMMISSION IN GUIDING YOU IN TERMS OF WHAT IS NEEDED TO SUPPORT THAT DENIAL, BUT PLEASE, AND ZACH MAY WANT TO SAY SOMETHING, NEITHER OF US IN ANY WAY ARE ADVOCATING OR ASKING THE COMMISSION TO COME IN WITH PRECONCEIVED NOTIONS.

SHOULD GO THROUGH THAT PUBLIC PROCESS.

SHOULD BE NEUTRAL IN YOUR CONSIDERATION, HEARING ALL INPUTS FROM STAFF, FROM CONFLICT, FROM OTHER INTERESTED PARTIES BEFORE YOU MAKE ANY DECISION.

WHEN YOU'RE POTENTIALLY MAKING OR CONSIDERING A DECISION OF DENIAL, WE ARE AVAILABLE TO ASSIST YOU.

IN TERMS OF TRAINING YOU MENTIONED, CERTAINLY WE WILL WORK WITH THE CITY ATTORNEY'S OFFICE TO PROVIDE THAT TRAINING, AND THAT IS ON US, AND APOLOGIES AGAIN IF WE CREATED ANY FRUSTRATIONS.

>> I FEEL I'M GOING TO HAVE A PRINTED COPY OF EVERY SINGLE ONE OF OUR SPECIFIC PLANS WITH TAB MARKS ON EACH SECTION IN ORDER TO BE ABLE TO MAKE QUICK REFERENCE POINTS, SO I WILL WORK ON PUTTING THAT TOGETHER.

>> AND THANK YOU ALL FOR RAISING THOSE POINTS.

IF I COULD -- THE ONLY THINGS I WOULD ODD TO WHAT DIRECTOR SNYDER MENTIONED ARE I THINK IT'S, ONE, AS HE MENTIONED, YES, DO NOT COME WITH ANY PRECONCEIVED NOTIONS OF I'VE GOT MY MIND MADE UP OR NOT.

I DON'T HAVE A FEELING OR SENSE THAT ANY OF YOU ARE DOING THAT, BUT JUST SO THAT THE RECORD IS CLEAR, THAT'S NOT WHAT WE'RE ASKING OR WHAT'S HAPPENING.

AND MISSION IS, THE PARTICULAR ISSUE -- AS I MENTIONED, THE PARTICULAR ISSUE IS ARISING HERE IF THERE'S A DEVIATION FROM MATERIALS THAT STAFF HAS PREPARED.

A LOT OF TIMES IN THE CITY OF INDIO IS NOT THE ONLY CITY THAT DOES THIS.

MOST CITIES PROVIDE SOME SORT OF STAFF RECOMMENDED AND FINDINGS TO INCLUDE, TO KIND OF PROVIDE THAT BASIS, WHICH IS IN THE REPORT WHICH YOU REVIEW AND CONSIDER.

SO THOSE MATERIALS ARE AVAILABLE SHOULD THE COMMISSION AGREE WITH AND FOLLOW ALONG WITH THE STAFF-PRESENTED RECOMMENDATION.

THE ISSUE THAT WE'VE GONE ABOUT, HOW DO WE DEVIATE FROM THAT IF THE COMMISSION HAS A DIFFERENCE OF OPINION, THAT'S WHAT WE WOULD WORK THROUGH, JUST PROVIDING SOME KIND OF ALTERNATE FINDING TO SUPPORT THE DECISION GIVEN THAT THE KIND OF THE FINDINGS IN SUPPORT OF THAT HAVE BEEN MADE IN THE, FOR EXAMPLE, THE AGENDA PACKET FOR TONIGHT.

SO I HOPE THAT'S CLARIFYING.

IF YOU ALL HAVE ANY QUESTIONS NOW OR AT ANY POINT, REACH OUT.

>> SO JUST TO CONTINUE, SO THAT I DON'T NEED TO DRAG THIS ON, I FEEL LIKE --

[00:55:03]

LISTEN.

I'M ALL FOR IT.

I'M GEEKING OUT RIGHT NOW BECAUSE THIS IS -- I LIKE THAT THIS IS A PROCESS.

I WOULD HAVE LIKED THIS PROCESS TO HAVE BEEN YOU KNOW IMPLEMENTED FOR SOME OTHER PROJECT THAT HAVE COME UP TO THE COMMISSION THAT I HAVE RAISED AS DOUBTFUL WHETHER IT'S MEETING THE GENERAL PLAN RECOMMENDATIONS AND THINGS LIKE THAT, AND SO I'M GLAD THAT THIS IS BEING SOMETHING THAT IS BEING UNIFORM AND THAT IT CERTAINLY PUTS US INTO HAVING TO REALLY DO OUR HOMEWORK AND, YOU KNOW, THIS IS HOW I TAKE EVERY TIME I'M COMING TO THE PLANNING COMMISSION, I'M REFERENCING BACK TO COMMISSIONER FRANZ'S COMMENT, I HAVE A PRINTED COPY.

I REMEMBER I WENT TO KEVIN LIKE WEEK ONE WHEN I GOT POINTED AND I SAID, GIVE ME A HARD COPY.

I HAVE IT ON FILE GUTT BUT GIVE ME A HARD COPY BECAUSE THERE'S SOMETHING ABOUT ASSISTING THROUGH PAPER THAT MAKES ME FEEL LIKE I'M DOING SOMETHING.

SO I REALLY DO APPRECIATE THIS.

I GUESS MY QUESTION AND MY CONCERN RIGHT NOW IS THIS.

WHEN I WAS LOOKING AT THIS, YOU KNOW, I REFERENCED IT, BUT I DIDN'T HAVE SORT OF LIKE AN OPINION OR -- -- A -- TO YOUR POINT, AND I KNOW THAT YOU'RE NOT SUGGESTING SO THANK YOU FOR CLARIFYING THAT AND I DON'T THINK ANY OF US EVER INTENDED TO SAY THAT YOU WERE TELLING US TO COME PREPARED WITH A RESPONSE, BUT MY CONCERN IS THIS, ZACH 1 IS IF -- SOME OF MY CONCERNS THAT I WAS RAISING WAS WHETHER THIS PARTICULAR TYPE OF CONDITIONAL USE PERMIT, BECAUSE, YOU KNOW, IT NEEDS TO COME THROUGH US FOR US TO BE ABLE TO GIVE THIS CONDITIONAL PERMIT, IS NOT NECESSARILY IN LINE WITH WHAT WE HAVE FOR THIS PARTICULAR VICINITY WITHIN THE GENERAL PLAN, SO I DON'T HAVE -- BECAUSE I DIDN'T -- BECAUSE IT WASN'T UNTIL AFTER THAT THAT I STARTED THINKING, WELL, I DON'T KNOW THAT NECESSARILY WITH MY LIMITED KNOWLEDGE AND ACCESS TO WHAT THE GENERAL PLAN SAYS BECAUSE, YOU KNOW, OBVIOUSLY WE'VE ALL READ IT AND HAVE GONE THROUGH IT, IT STILL SEEMS A LITTLE OFF TO ME, BUT IF THERE ISN'T ANYTHING AROUND, I'M CURIOUS AS TO WHAT THAT PROCESS LOOKS LIKE IF I RAISE THE QUESTION.

I'M NOT NECESSARILY THAT THIS IS THE MEETING, BUT I DON'T KNOW WHAT SECTION WITHIN THE GENERAL PLAN IS WHAT'S RAISING SORT OF MY LIGHTBULB.

I'M CURIOUS AS TO HOW ARE WE GOING TO DEFINE THAT? RIGHT NOW MY CONCERN IS, AND I'M LEANING MORE AFTER HAVING HEARD, THINKING THAT MAYBE THIS ISN'T THE BEST PLACE FOR THIS PARTICULAR AREA WITHIN THE CITY OF INDIO AND KNOWING THAT THERE HAVE BEEN PLANS AND THERE HAVE BEEN INTENTIONS FOR EVERY AREA WITHIN, PARTICULARLY FOR THIS AREA IN INDIO, THAT TO ME AT THIS MOMENT DOESN'T FEEL LIKE IT ALIGNS.

HOW DO WE TAKE THAT INTO SOMETHING THAT IS MATERIALIZED? I AM CURIOUS.

>> SO VICE CHAIRPERSON, IN THE STAFF REPORT YOU WILL FIND STAFF FINDINGS AS TO WHETHER OR NOT THE PROPOSAL COMPLIES WITH THE GENERAL PLAN, AND THAT IS IN THERE, AND THAT IS PART OF THE RECORD.

NOW, WHETHER OR NOT YOU AS A COMMISSIONER OR THE ENTIRE COMMISSION AGREES WITH THAT, THAT IS YOUR PURVIEW.

CERTAINLY WHEN YOU'RE REVIEWING THE GENERAL PLAN, THE CHAPTER THAT PERHAPS IS MORE APPROPRIATE FOR THE QUESTION YOU'RE ASKING WOULD BE CHAPTER 3, WHICH IS THE LAND USE AND URBAN DESIGN SECTION OF THE GENERAL PLAN, AND, YOU KNOW, THIS PARTICULAR AREA IS IN THE MIDTOWN AREA, AND IT IS -- WE CANNOT TELL YOU HOW YOU AND THE REST OF THE COMMISSION CAN EITHER AGREE OR DISAGREE WITH THE STAFF RECOMMENDATION.

WE CAN HELL YOU FROM A STAFF PERSPECTIVE WE FOUND IT CONSISTENT, AND I THINK THE OVERALL VISION OF THE HIGHWAY 111 CORRIDOR, REMEMBER THERE ARE MULTIPLE GENERAL PLAN DESIGNATIONS ALONG THERE BUT IT'S INTENDED TO BE A VIBRANT MIXED USE CORRIDOR WITH A MULTIPLICITY OF RESIDENTIAL AND NON-RESIDENTIAL USES.

SO FROM A CORRIDOR STANDPOINT, IT IS -- THAT'S HOW IT'S ENVISIONED.

THAT IS THE VISION FOR THE CORRIDOR THAT WAS ADOPTED BY THE CITY COUNCIL AND IS THE OPERABLE DOCUMENT FOR THE CITY.

THE WHETHER YOU AND THE REST OF THE COMMISSIONERS FEEL THAT THIS IS PARTICULAR USE IS A FIT FOR THAT IS YOUR DISCRETION.

WE POINT OUT MAKING SURE THERE'S A FACTUAL RECORD THAT YOU CAN STAND ON AS A COMMISSION.

I WILL REITERATE THAT I APPRECIATE AND UNDERSTAND THAT THERE IS PLANNING GOING ON FOR THE FUTURE OF CORRIDOR, BUT WE AS STAFF HAVE TO ADVISE THE COMMISSION THAT ANY DIGS BASED ON THAT FUTURE PLANNING WOULD BE LEGALLY INAPPROPRIATE.

>> THAT'S FAIR.

THANK YOU.

SORRY.

I JUST HAD SO MANY QUESTIONS.

I WASN'T PREPARED TO HAVE THAT, YOU KNOW, THIS FORMAT, AND SO I WAS VERY, VERY CURIOUS TO UNDERSTAND HOW WE WERE GOING TO GO ABOUT THIS.

[01:00:04]

>> AND CAN I SAY ONE THING, VICE CHAIRPERSON, WE ARE HERE TO ANSWER YOUR QUESTIONS.

YOU HAVE NO REASON TO APOLOGIZE, AND YOU AND THE REST OF THE COMMISSION TAKE AS LONG AS YOU WANT TO GET YOUR QUESTIONS ANSWERED.

WE'RE UNDER NO REAL CLOCK OTHER THAN I KNOW YOU ALL GET TIRED AT SOME POINT, BUT WE'RE HERE AS LONG AS YOU NEED TO AND ASK US ANY QUESTIONS YOU WANT.

OUR JOB IS TO ASSIST YOU THROUGH THIS PROCESS AND ANSWER THE QUESTIONS THAT WE CAN ANSWER AND ASSIST YOU IN ANY WAY.

SO PLEASE NEVER APOLOGIZE.

WE'RE HAPPY, ZACH AND MYSELF AND THE REST OF THE PLANNING TEAM ARE HERE TO SUPPORT YOU.

>> KEVIN, AT WHAT POINT, WHEN SOMETHING LIKE THIS KIND OF COMES UP THAT KIND OF THROWS THE COMMISSION FOR A LITTLE BIT OF A LOOP, IS IT OR WOULD IT BE APPROPRIATE TO CONTINUE TO A DATE CERTAIN OF ANOTHER MEETING SO WE CAN DO SOME OTHER FACT FINDING OR IF SOMEONE WISHED TO TAKE SOME TIME TO RESEARCH SOME OF THOSE REASONS, WE WOULD HAVE TIME TO DO THAT OR GET WITH YOU WITH FURTHER QUESTIONS? I'M NOT SAYING THAT IT'S NECESSARY ON THIS AGENDA ITEM, BUT IS THAT WITHIN THE THE COMMISSION'S WORK?

>> CERTAINLY.

A CONTINUANCE IS AN OPTION FOR THE COMMISSION IF YOU FEEL YOU HAD YOU NEED MORE INFORMATION.

QUESTIONS TO BE ANSWERED, YOU HAVE REQUESTED INFORMATION FROM THE STAFF OR THE APPLICANT.

IT'S WITHIN YOUR PURVIEW.

TYPICALLY WE PREFER THAT TO BE A DATE CERTAIN.

THEN WE DO NOT NEED TO READVERTISE.

BUT, YOU KNOW, THAT IS -- IF THE COMMISSION IS NOT READY TO DO THAT WE CAN DO IT DO FOR A DATE CERTAIN AND WE WOULD READVERTISE.

I APOLOGIZE IF WE HAVE THROWN A WRINKLE IN YOUR CONSIDERATION PROCESS, BUT ZACH AND I WANTED TO MAKE SURE THAT WE WERE GIVING YOU APPROPRIATE GUIDANCE IN TERMS OF TYING BACK TO THE CODE IN EFFECT SO THAT YOU AS A COMMISSION CAN STAND ON A LEGAL FOOTING, APPROPRIATE LEGAL FOOTING FOR ANY DENIAL ACTION.

AGAIN, AS ZACH POINTED OUT, WE HAVE FINDINGS IN THE RESOLUTION THAT SUPPORT AN APPROVAL ACTION, BUT WE TYPICALLY DON'T PROVIDE YOU WITH A DENIAL FINDINGS, AND THAT'S WHERE WE'RE HERE TO WORK WITH YOU.

AGAIN, CHAIR, IF THE COMMISSION, IF YOU AND THE COMMISSION ULTIMATELY WANT TO TAKE ADDITIONAL TIME, YOU JUST -- IT WOULD BE APPROPRIATE TO THE STATE IN THE RECORD THE REASONS FOR THE CONTINUANCE SO THAT IT'S ON THE RECORD AND THEN YOU WOULD MAKE A MOTION ACTION EITHER TO A DATE CERTAIN OR UNCERTAIN.

AGAIN, I DON'T KNOW IF THE CITY ATTORNEY WANTS TO WEIGH IN WITH ANY ADDITIONAL THOUGHTS.

>> NO, I THINK THAT'S ACCURATE.

AND THE RATIONALE BEYOND IT I THINK IN ADDITION TO KEVIN, DIRECTOR SNYDER NOTING THAT, IT'S HELPFUL TO THE EXTENT YOU NEED OR WANT STAFF TOM-TO-COME BACK WITH INFORMATION HAD TO DIRECT US SO THAT, FOR EXAMPLE, WE COULDN'T TO THE NEXT MEETING, BY THE NEXT MEETING STAFF IS ABLE TO RETURN WITH THAT INFORMATION.

AND THEN THE ONLY CAVEAT TO THE UNLIMITED CONTINUATION IS THAT FOR CERTAIN HOUSING DEVELOPMENT PROJECTS THERE ARE LIMITS THE ON NUMBER OF HEARINGS THAT CAN BE HELD TO NOT BE -- THAT THE STATE HAS BASICALLY PUT IN PLACE TO NOT ALLOW CITIES TO JUST KICK HOUSING PROJECTS DOWN THE ROAD SO THEY DON'T GET DEVELOPED.

NOT AN ISSUE HERE SINCE WE'RE A LITTLE BIT ON THE BEND OF EXPLORING THE LIMITS, I FIGURED IT WOULD BRING IT UP NOW FOR FUTURE REFERENCE AND HOPEFULLY WE'LL INCLUDE SOMETHING LIKE THAT IN THE TRAINING THAT COMMISSIONER FRANZ MENTIONED.

>> COMMISSION, ANY MORE THOUGHTS ON THAT OR IS ANYONE PINPOINT RADAR TO MAKE A MOTION OF ANY SORT? UNLESS ANYONE IS ASKING FOR SOME MORE TIME TO GATHER MORE INFORMATION OR HAVE ANY OTHER QUESTIONS OF STAFF, I'M PREPARED TO MAKE A MOTION TO APPROVE THE CUP 21-11-1071 BASED ON STAFF'S FINDINGS AND MY THOUGHTS ON BRINGING MORE BUSINESS TO THAT AREA OF THE 111 CORRIDOR.

>> I DID WANT TO SAY THAT -- HOPEFULLY I PULLED UP THE CORRECT BUSINESS.

I DID A QUICK GOOGLE SEARCH AND IT LOOKS LIKE THEY HAVE GOOD REVIEWS.

>> MR. VALDEZ, I APOLOGIZE.

ONCE A MOTION IS ON THE FLOOR, IT HAS TO BE SECONDED BEFORE ANY DISCUSSION.

>> OKAY.

>> SO EITHER WE NEED A SECOND OR THE MOTION DIES, AND THEN YOU CAN CONTINUE.

I APOLOGIZE, BUT THEN YOU CAN CONTINUE WITH THE DISCUSSION.

>> I WOULD LIKE TO SECOND, PLEASE.

>> OKAY.

CAN WE GET A ROLL CALL VOTE, PLEASE.

>> CHAIRPERSON YSIANO.

>> YES.

>> VICE CHAIRPERSON RODRIGUEZ CEJA.

[01:05:01]

>> I'LL ABSTAIN.

>> COMMISSIONER FRANZ.

>> I GUESS YES.

APPROVE.

>> COMMISSIONER VALDEZ.

>> YES.

>> SO THE MOTION IS PASSED.

>> AND I THINK THE VOTE, CLEMENTINA, WAS 4 AS AND ONE ABSTAINMENT.

>> 3-1.

>> EXCUSE ME.

3-1.

MY APOLOGIZE.

WE ONLY HAVE THREE TONIGHT.

SORRY.

3-1.

>> THANK YOU, KEVIN.

>> AND JUST TO REITERATE, WE HAVE HEARD LOUD AND CLEAR THAT THE COMMISSION WOULD LIKE SOME ADDITIONAL CONVERSATION AND TRAINING ON TOPICS THAT WE DISCUSSED DURING THIS PROTRACTED CONVERSATION ON PROCESS, WHICH WE APOLOGIZE FOR, BUT I THINK YOU DID BRING UP SOME GOOD THINGS, AND ZACH AND I WILL WORK OFFLINE TO BRING BACK A TRAINING IN THE NEAR FUTURE AND AN OPPORTUNITY FOR THE COMMISSION TO TALK ABOUT THESE THINGS, AND IF YOU HAVE OTHER QUESTIONS YOU WOULD LIKE EITHER INFORMATION NEEDS OR OTHER QUESTIONS, PLEASE DON'T HESITATE TO REACH OUT TO ZACH OR MYSELF.

>> CAN I MAKE A QUICK REQUEST? I KNOW YEARS AGO WHEN I FIRST JOINED WE DID GET HARD COPIES OF EVERYTHING.

WE'VE BEEN UPDATING A LOT OF OUR PLANS, AND I'VE BEEN USING THE ONLINE, BUT NOW THAT THIS IS A NEW PROCESS, I WOULD LIKE TO REQUEST HARD COPIES IN COLOR, PLEASE DOUBLE SIDE.

I'LL PICK THEM UP.

>> NOT A PROBLEM, COMMISSIONER.

AND CERTAINLY ANY OTHER COMMISSIONERS THAT WOULD LIKE THAT, WE'RE HAPPY TO PROVIDE.

ARE YOU TALKING SPECIFICALLY ABOUT THE GENERAL PLAN?

>> THE GENERAL PLAN, THE DOWNTOWN SPECIFIC PLAN, ANYTHING THAT WE'VE CHANGED MORE RECENTLY.

>> OKAY.

>> BECAUSE I BELIEVE WE BEEN GOING THROUGH QUITE A BIT OF CHANGE, AND I DON'T BELIEVE WE EVER GOT HARD COPIES OF THE NEW PLANS WHEN THEY CAME OUT, OF COURSE, TRYING TO BE GREEN.

>> YEAH.

NOT A PROBLEM.

AND IF ANY OTHER COMMISSIONERS WANT TO CONTACT ME DIRECTLY AND LET ME KNOW IF THEY WOULD LIKE HARD COPIES AS WELL, WE'LL BE HAPPY TO PROVIDE THOSE IF AND IF YOU ARE NOT ABLE TO PICK THEM UP, WE CAN CERTAINLY DELIVER THEM TO YOUR HOUSE.

>> THAW, KEVIN.

QUICK QUESTION, ALTHOUGH THIS PASSED 3-0 WITH ONE ABSTAIN, HAD THIS BEEN PLATE

IS AT 2-2, WOULD THAT HAVE ESSENTIALLY BEEN A DENIAL OR -- >> YES.

IT WOULD HAVE.

ZACH YOU MAY WANT TO EXPLAIN THAT.

>> IF YOU WILL RECALL, WHEN THE RECENTLY I BELIEVE IT WAS THE CHURCH OF THE RED DOOR PROJECT CUP CAME THROUGH AND THERE WERE ONLY FOUR COMMISSIONERS AND IT ENDED IN 2-2, THE ISSUE IS YOU NEED AN AFFIRMATIVE VOTE TO PASS, AND SO YOU DO NOT HAVE ENOUGH AFFIRMATIVE VOTES IF IT'S 2-2.

SO IT'S KIND OF I GUESS, FOR LACK OF BETTER ANALOGY, A TIE, TIE GOES TO THE RUNNER SITUATION.

YOU'VE GOT TO AT LEAST HAVE A MAJORITY OF VOTING MEMBERS FOR THE MOTION TO CARRY AND BE APPROVED.

I HOPE THAT HELPS EXPLAIN THE SITUATION FOR YOU.

>> YES, CERTAINLY.

THANK YOU.

OKAY.

CONGRATULATIONS TO THE APPLICANT.

MOVING ON 4.2.

>> CHAIRPERSON YSIANO, WE HAVE A RAISED HAND FROM JESSE.

STAFF.

>> OKAY.

YES, CERTAINLY.

>> I'M SORRY.

I APOLOGIZE.

IT WAS A MISSED HIT ON THE BUTTON.

>> OKAY.

THANK YOU, JESSE.

>> MY APOLOGIES.

>> SO MOVING ON TO ITEM 4.2, NEXT ITEM DR 21-12-4 NEWSPAPER REQUEST FOR

[4.2. DR 21-12-492; Request for approval of a Design Review for a proposed c...]

APPROVAL OF A DESIGN REVIEW FOR A PROPOSED COMMERCIAL DEVELOPMENT TO ALLOW AN OUTDOOR STORAGE WITHIN THE INDUSTRIAL PARK ZONING DISTRICT AT 45-755 COMMERCE STREET.

>> CHAIRPERSON, MARIBEL COVARRUBIAS WILL BE MAKING THE STAFF REPORT.

MARIBEL COVARRUBIAS, YOU'RE UP.

>> WONDERFUL.

>> AND I THINK THAT SHE AND JESSE ARE USING THE SAME MONITOR SO WE MAY NEED A MINUTE TO TRANSITION.

HE WAS HAVING ISSUES WITH HIS MONITOR EARLIER.

GIVE HIM A SECOND IF YOU COULD, PLEASE.

>> CERTAINLY.

>> HI.

SORRY FOR THE DELAY.

JUST TRYING TO NAVIGATE HERE.

GOOD EVENING ABOUT MY NAME IS MARIBEL COVARRUBIAS.

[01:10:07]

TONIGHT IS YOUR CONSIDERATION FOR THE INDIO PALMS RV STORAGE.

THE SLIDE ILLUSTRATES THE VICINITY MAP.

THE PROJECT SITE IS LOCATED EAST OF GOLF CENTER PARKWAY OFF OF AVENUE 45 AND SITUATED WITHIN AN ESTABLISHED INDUSTRIAL PARK CENTER.

AS WE CAN SEE HERE, THE SURROUNDING LAND USES INCLUDE THE U.S.

BORDER PATROL STATION, TO THE EAST OF THE PROJECT SITE.

TO THE NORTH THERE IS A VACANT BUILDING.

TO THE SOUTH WE SEE THERE'S AN ART RECYCLING CENTER, AND TO THE REST IT IS I DON'T KNOW BOULEVARD AND THE RAILROAD TRACKS.

THE PROJECT SITE ZONING DESIGNATION IS INDUSTRIAL PARK.

AND NAMELY UNDER THIS ZONING DESIGNATION AN OUTDOOR VEHICLE STORAGE IS PERMITTED.

AND ADDITIONALLY THE GENERAL PLAN 2040 DESIGNATION IS WORKPLACE AND IMPLEMENT DISTRICT.

ON THIS SLIDE HERE WE SEE CURRENT PHOTOS OF THE SITE.

THESE ARE PHOTOS I RECENTLY TOOK MYSELF, AND AS YOU CAN SEE IT IS A VACANT LOT.

PHOTO AT THE TOP HERE WAS TAKEN FROM COMMERCE STREET WHICH IS THE FRONTAGE ROAD TO THE PROJECT SITE, AND THE SECOND PHOTO HERE ILLUSTRATES THE VIEW OF THE PROJECT SITE FROM THE SOUTH DIRECTION.

THE PHOTOS HERE ARE PHOTOS OF SURROUNDING LAND USES.

AS MENTIONED BEFORE, THE BORDER PATROL STATION IS LOCATED EAST OF THE PROJECT SITE, AND TO THE SOUTH IS THE DESERT ARC RECYCLING CENTER.

FOR YOUR CONSIDERATION TONIGHT, THE PROJECT IS DETERMINED TO -- I'M SORRY.

AS PART OF THE ANALYSIS, THE PROJECT WAS FOUND TO BE CATEGORICALLY EXEMPT IN CEQA PURSUANT TO CEQA GUIDELINE SECTION 15332, CLASS 32 CONSISTS OF PROJECTSY, CHARACTERIZED AS INFILL DEVELOPMENTS WHICH MEET THE FOLLOWING CONDITIONS LISTED HERE TO THE LEFT.

AND A FEW OF THOSE FINDINGS INCLUDE THAT THE PROJECT SITE MEASURES AT 2.94 ACRES.

IT IS SURROUND BY URBAN USES.

IT IS ALSO CONSISTENT ABOUT THE APPLICABLE DESIGNATION POLICIES DESCRIBED IN THE GENERAL PLAN 2040 AND THE INDIO MUNICIPAL CODE.

THERE ARE NO THREATS TO ENDANGERED, RARE OR THREATENED SPECIES.

AND ALSO THE SITE WILL BE ADEQUATELY SERVED BY ALL REQUIRED UTILITIES AND

[01:15:05]

PUBLIC SERVICES.

THE SITE PLAN HERE BEFORE YOU SERVES AS AN ILLUSTRATION OF THE PROPOSED LAY OUT OF THE PREMIUM STORAGE LOT FOR RVS, TRAILERS AND BOATS.

THE PROJECT IS COMPRISED OF FIVE CANOPY STRUCTURES DEPICTED HERE IN THESE AREAS WITH THE LARGE X OVER THEM.

AND THAT WILL OCCUPY A TOTAL OF 61,245 SQUARE FEET OF COVERED SPACE.

WITH 125 STORAGE SPACES.

THE PROPOSED CANOPY STRUCTURES SHALL BE CONSTRUCTED OF PREFABRICATED RECYCLABLE STEEL FRAMES SEPARATED BY 35 -- 35 FEET WIDE DRIVE-IN AISLES.

AND THE PROPOSED STORAGE SPACES WILL VARY IN SIZE RANGING FROM 12 FEET BY 30 FEET TO 12 FEET BY 33 FEET IN ORDER TO ACCOMMODATE FOR VARYING VEHICLE SIZES.

MOVING ON, THIS IS A PRELIMINARY LANDSCAPE PLAN WHICH WE WILL SEE THE LANDSCAPE PREPARATION INCLUDES A TOTAL OF 4,910 SQUARE FEET THROUGHOUT THE PROJECT'S SQUARE FEET AS SHOWN BY THIS PLAN, LANDSCAPING ORGANIZATION AROUND THE OFFICE SPACE HERE AS WELL AS AROUND THE RETENTION BASIN HERE AND WILL COVER MOST OF THE FRONTAGE ROAD HERE AT COMMERCE, WHICH IS COMMERCE STREET.

HERE WE HAVE THE ELEVATIONS FOR THE PROPOSED 4400 SQUARE FOOT OFFICE BUILDING.

THE OFFICE BUILDING WILL PROVIDE ACCOMMODATIONS FOR ROOF-MOUNTED EQUIPMENT WHICH WILL BE CONCEALED FROM PUBLIC VIEW BY THE SURROUND PARAPET TO INCLUDE SOLAR PANELS AND AIR CONDITIONING UNITS.

THE HEIGHT OF THE OFFICE BUILDING IS RAT 16 FEET FROM FINISHED GRADE.

AND IT WILL BE CONSTRUCTED OF PRECISION MASONRY BLOCK CONSTRUCTION.

FURTHERMORE, THESE ELEVATIONS WILL HAVE CLEAR ANODIZED ALUMINUM STOREFRONT WINDOW AND METAL AND CANOPIES WILL BE ATTACHED DIRECTLY ABOVE EACH WINDOW AND DOOR.

MOREOVER, THE EAST ELEVATION, WHICH ABUTS COMMERCE STREET, YOU SEE HERE WILL HAVE THE INDIO PALMS RV SIGNAGE, ALTHOUGH THE APPLICANT WILL SUBMIT A SIGN APPLICATION AT A LATER DATE.

WE SEE ALSO ILLUSTRATED HERE ARE THE AUTOMATED METAL GATES THAT WILL FORM AS FORMAL EXIT AND ENTRANCE POINTS INTO THE PROJECT SITE.

ADDITIONALLY, THE PERIMETER OF THE PROJECT SITE WILL BE ENCLOSED BY AN 8-FOOT TALL PERIMETER WALL.

THE HYDROLOGY MAP PROVIDED HERE ILLUSTRATES THE SQUARE FOOTAGE TOTALS FOR LANDSCAPE RETENTION, HARDSCAPE AND BUILDING WITH ATTENTION TO THE TWO PROPOSED RETENTION BASINS LOCATED HERE OFF OF COMMERCE STREET.

THE PROJECT -- THE PROJECTED WATERSHED FROM THE SITE WILL BE DIVERTED INTO THESE TWO RETENTION BASINS HERE.

THE BASINS WILL ALSO ACCOMMODATE FOR THE 100-YEAR STORM WATER RETENTION REQUIREMENTS FOR THE PROJECT OF THIS SIZE, AND THE LARGEST BASIN WILL INCORPORATE AN 18-FOOT DEEP DRY WELL.

AND THE BASINS ARE PROPOSED TO BE LOCATED ON THE SOUTHEAST PORTION OF THE PROJECT SITE ABUTTING COMMERCE STREET.

THE FLOOR PLAN HERE BEFORE YOU DEPICTS THE OFFICE BUILDING WHICH WILL INCLUDE THREE OFFICE SPACES, A CUSTOMER AREA, A RECEPTION, AS WELL AS A RESTROOM.

THE PLAN UP HERE IS THE ROOF PLAN WHICH YOU WILL SEE THE LAYOUT OF THE SOLAR PANELS

[01:20:01]

AND THE AC UNITS, AS WELL AS DRAINS, AND THIS SECTION HERE ILLUSTRATES THE SLOPE OF THE ROOF.

TO SUMMARIZE, FOR YOUR CONSIDERATION TONIGHT WAS TO REVIEW THE DESIGN OF THE OVERA DEVELOPMENT AND SITE PLANNING OF AN OUTDOOR VEHICLE STORAGE WHICH CONSISTS OF FIVE CANOPY STRUCTURES TOTALING 61,245 SQUARE FEET OF COVERED SPACE WITH 125 STORAGE SPACES, AND WE ALSO VISITED DESIGN ELEMENTS INCLUDING LANDSCAPE AND ARCHITECTURE.

THEREFORE, STAFF'S RECOMMENDATION IS TO ADOPT A RESOLUTION APPROVING DESIGN REVIEW DR 21-12-492 TO PERMIT FOR THE DEVELOPMENT AND SITE PLANNING OF A PREMIUM STORAGE LOT AND TO DETERMINE THAT THE PROJECT IS EXEMPT FROM REVIEW UNDER CEQA GUIDE LINES SECTION 15332, CLASS 32 INFILL DEVELOPMENT.

THANK YOU.

>> THANK YOU, MARIBEL, FOR YOUR REPORT.

COMMISSIONERS, DO WE HAVE ANY QUESTIONS FOR STAFF ON THAT REPORT? NO? NO QUESTIONS.

>> I MIGHT.

>> OKAY.

>> IT'S KIND OF A -- THIS IS SOMETHING THAT HAS COME UP FOR ME VARIOUS TIMES WITH DIFFERENT TYPES OF PROJECTS, PARTICULARLY PROJECTS THAT ARE VERY HEAVY WITH PARKING, AND A PROJECT THAT COULD BE ADDING TO THE URBAN -- DESIRABILITY IS A BIG CONCERN OF MINE, ENVIRONMENTALLY FRIENDLY, SUSTAINABLE DESIGN SHOULD BE AT THE FOREFRONT OF IT.

SO MY QUESTION, MARIBEL, IS IS THIS IN LINE WITH OUR CLIMATE ACTION PLAN IN REGARDS TO THE WAY THAT IT'S NOT ADDING TO THE URBAN HEAT ISLAND? I BROUGHT THIS UP BEFORE.

MITIGATION.

SO MITIGATION ATTEMPTS, LANDSCAPE DESIGN WAIST TO MINUTE GATE SOME OF THE IMPACTS THE PROJECT IS GOING TO HAVE IS SOMETHING I HAVE BROUGHT UP IN THE PAST, AND I'M CURIOUS AS TO HOW THIS PROJECT, KNOWING THE MATERIALS THAT ARE GOING TO BE USED ARE PRETTY SUBSTANTIAL AND WOULD BE ADDING TO THE URBAN HEAT ISLAND, HOW DOES THE LANDSCAPE PLAN ADDRESS THE MITIGATION OF THAT ISSUE?

>> WITH REGARD TO LANDSCAPING, ALL THE PRELIMINARY LANDSCAPING PALETTE DOES CONSISTENT DROUGHT-RESISTANT LANDSCAPING.

>> IF I CAN ADD, VICE CHAIRPERSON, THE CITY DOES NOT CURRENTLY HAVE ANY STEPS IN PLACE FOR HEAT REDUCING ASPHALT.

I KNOW THAT YOU BROUGHT THAT UP BEFORE AND THAT'S CERTAINLY A TOPIC OF INTEREST AS WE GET INTO THE ZONING REGULATIONS IF YOU AND THE REST OF THE COMMISSIONERS FEEL THAT IT'S APPROPRIATE TO RECOMMEND CONSIDERATION OF THE COUNCIL, WE CAN CERTAINLY DO THAT, BUT AS WE STAND TODAY, THE REGULATIONS IN EFFECT DO NOT -- DO NOT REQUIRE OR EVEN ACTIVELY ENCOURAGE HEAT REDUCING ASPHALT OR OTHER MECHANISMS TO REDUCE THAT URBAN HEAT EFFECT, AND UNDERSTANDABLY WE LIVE IN THE DESERT, IT IS CERTAINLY AN ISSUE OF CONCERN, AND I DO BELIEVE THAT YOU AS A COMMISSION HAVE THE FULL RIGHT TO BRING UP THAT AS WE GO THROUGH THE ZONING REGULATIONS AND YOU MAY ULTIMATELY DECIDE TO RECOMMEND SOME MITIGATIONS OR SOME REQUIREMENTS OR BOTH TO THE COUNCIL.

>> OKAY.

THANK YOU.

IF THERE'S NO OTHER QUESTIONS OF STAFF, WE'LL ASK IS THE APPLICANT PRESENT? AND DO THEY HAVE ANYTHING TO ADD, MARIBEL?

>> CHAIR, I.

PARDON THE INTERRUPTION.

ASSISTANT CITY ATTORNEY HEINSELMAN.

MIGHT I SUGGEST WE OPEN THE PUBLIC HEARING AND THEN INVITE THE APPLICANT TO GIVE THEIR PRESENTATION.

>> OKAY.

LET'S PLEASE OPEN THE PUBLIC HEARING, AND IF THE APPLICANT IS PRESENT, LET'S HEAR FROM HIM, PLEASE.

>> GOOD EVENING, COUNCIL.

MY NAME IS JAKE JAREGUI.

I'M A ROL REAL ESTATE BROKER AND AN OLD INDIO RESIDENT AND THANKS FOR YOUR TIME.

>> DO YOU HAVE ANYTHING ADDING ON TO STAFF'S REPORT OR ANYTHING ELSE YOU'D LIKE TO SHARE WITH THE COMMISSION?

>> YOU KNOW, ACCORDING TO MY FEASIBILITY REPORT, THIS IS MUCH NEEDED IN INDIO.

MOST FACILITIES ARE 100% OCCUPIED, THEY'RE ON A WAIT LIST, AND THIS OFFERS KIND OF AN IN-BETWEEN PRODUCT.

[01:25:02]

A LOT OF THESE STORAGE IN INDIO IS EITHER ENCLOSED, CLIMATE CONTROLLED OR JUST OUTDOOR IN THE SUN, SO THIS WOULD FIT THAT NEED OF THE PEOPLE THAT CAN'T AFFORD THAT HIGH END OR THEY DON'T WANT IT OUT IN THE SUN.

IT'S LIKE A MIDPOINT.

THE CITY REALLY NEEDS THAT AND I CAN PROVIDE IT.

IT WILL BE HIGHLY SECURE, OF COURSE, PAVED, CAMERAS, ON-SITE OFFICE, WITH SECURITY.

>> I HAVE A QUESTION.

JACOB.

SO IF YOU SAY THAT CURRENTLY A LOT OF THE STORAGE FACILITIES ARE COMPLETELY FILLED, WHERE ARE SOME OF THOSE CUSTOMERS TAKING THEIR BUSINESS TO? SURROUNDING CITIES? ARE THERE OTHER STORAGE FACILITIES IN THE COACHELLA VALLEY THAT ARE HAVING VACANCIES OR OVERALL IN THE COACHELLA VALLEY IS IT A MAXED OUT CONCEPT? OOPS.

>> CHAIR, IT APPEARS WE MAY HAVE LOST JACOB, AT LEAST TEMPORARILY.

MAYBE AT THIS TIME IF THE ASSISTANT CITY ATTORNEY AGREES, MAYBE WE COULD ASK FOR OTHER PUBLIC COMMENTS AND GIVE MR. -- JACOB THE OPPORTUNITY TO REESTABLISH HIS CONNECTION.

>> OKAY.

CERTAINLY.

>> YEAH, I THINK THAT WOULD BE APPROPRIATE.

I DON'T KNOW IF MS. BARRAGAN, YOU CAN TELL.

I HEAR HIM.

SO HE MIGHT BE THERE.

>> HELLO?

>> HELLO.

>> JACOB, CAN YOU HEAR US?

>> I CAN HEAR YOU NOW.

IF.

>> OKAY.

WE CAN'T SEE YOUR SCREEN BUT WE CAN HEAR YOU SO PLEASE CONTINUE WITH ANSWERING THE CHAIRPERSON'S QUESTION, IF YOU COULD.

>> DID YOU HEAR MY QUESTION, MR. JAREGUI?

>> NO, DID I NOT.

>> SO MY QUESTION TO YOU WAS YOU WERE SAYING THAT THIS IS SOMETHING THAT THE CITY OF INDIO NEEDS, THAT THERE'S NO VACANCIES CURRENTLY IN MOST OF THE OTHER FACILITIES.

DO YOU FIND THAT THERE ARE PEOPLE FROM INDIO NEEDING TO GO OUT TO OTHER CITIES, OTHER FACILITIES OUTSIDE OF INDIO TO STORE THEIR RVS OR IN GENERAL IS THE COACHELLA VALLEY KIND OF BOOKED, SO TO SAY?

>> YEAH, IT'S JUST THERE'S NOT ENOUGH SPACES.

THERE'S A HUGE NEED, AND WE NEED MORE OF THESE AVAILABLE.

THERE ARE SOME THAT ARE OUT OF TOWN, BUT WE NEED SOME HERE IN INDIO BECAUSE THEY'RE ALL FULL.

WITHIN A 5-MILE RADIUS, 98% OF THE FACILITIES OR A WAIT LIST.

>> OKAY.

>> I APOLOGIZE.

I'M NOT ON CAMERA.

I'M NOT ON ZOOM VERY MUCH.

MY APOLOGIES.

>> NO PROBLEM, AS LONG AS WE CAN HEAR WHAT YOU HAVE TO SAY, THAT'S OKAY.

THANK YOU.

ANY OTHER COMMISSIONER QUESTIONS FOR THE APPLICANT?

>> I HAVE A QUESTION FOR JACOB.

I KNOW WHEN THIS PROJECT WAS FIRST BROUGHT TO US, WE ASKED IF YOU KNEW THE JOBS IT WOULD CREATE.

I KNOW, I BELIEVE THIS AREA IS ZONED FOR PROJECTS TO SUPPLY A CERTAIN AMOUNT OF JOBS, SO DO YOU KNOW ABOUT HOW MANY JOBS THIS WOULD CREATE? AND ALSO WHAT TYPE OF SECURITY YOU WILL HAVE IN PLACE FOR YOUR CLIENTS.

>> YOU KNOW, I'M HOPING ONCE IT'S FULLY BUILT, THREE TO FOUR EMPLOYEES.

THAT'S WHY ON THE FLOOR PLAN THERE IS THREE OFFICES, YOU KNOW, TO ALLOW FOR FUTURE GROWTH.

IT WILL BE MOSTLY FULLY AUTOMATED, SO THE CLIENT CAN GO ONLINE, RENT A SPACE, GET AN ACCESS CODE, PAY ONLINE, AND THEN DO EVERYTHING MOSTLY ONLINE.

SO THEY CAN LET THEMSELVES IN, LET THEMSELVES OUT.

BUT THERE WILL BE SOMEBODY ON-SITE FOR ADDED SECURITY.

THERE WILL BE CAMERAS, 24 HOURS SURVEILLANCE.

>> WHAT HOURS WOULD SOMEONE BE ON-SITE? JUST DURING NORMAL BUSINESS HOURS?

>> YEAH, NORMAL BUSINESS HOURS.

BUT ALSO, YOU KNOW, THERE WILL BE MOTION DETECTORS WITH A BUSINESS DESIGN.

SOMEBODY COMES IN THE GATE, COMES OUT, YOU KNOW, IT WILL BE RECORDED, YOU KNOW, THE STAFF WILL BE ALERTED, AND THERE WILL BE A CALL CENTER FOR AFTER HOURS.

>> ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER FRANZ.

>> I JUST HAVE A QUICK QUESTION.

WITH THESIS KIND OF PROJECTS YOU END UP WITH A HUGE AMOUNT OF BLOCK WALL SPACE,

[01:30:02]

RIGHT? ALL THE PERIMETER FENCE.

AND IT'S BEAUTIFUL, YOU KNOW, SPACE FOR GRAFFITI.

JUST OPEN.

I NOTICED THAT THERE ARE -- IT'S GOING TO BE SOME PLANTS AND LANDSCAPE AROUND IT.

IS THERE A WAY TO ENCOURAGE OR ADD TO THIS THE NEED TO HAVE A HIGHER DENSITY OF TALLER PLANTS? THE MORE WE BREAK UP THAT WALL, THE LESS CHANCE SOMEBODY'S GOING TO SPEND HOURS DESIGNING A BEAUTIFUL MURAL OR WHATEVER THEY WANT ON THOSE WALLS.

SO I DON'T KNOW IF THAT'S SOMETHING THAT YOU WOULD BE INTERESTED IN DOING, ESPECIALLY MAYBE THE AREA THAT IS LESS VISIBLE WHICH WILL BE THE BACK, RIGHT, OF THE AREA.

>> RIGHT.

THE BACK AREA IS ACTUALLY THE RAILROAD TRACKS, SO, YOU KNOW, THERE'S REALLY NOTHING VISIBLE BACK THERE, BUT, YEAH, THAT WILL BE SOMETHING I'LL HAVE TO WATCH.

HOME OF THE NEIGHBOR HOPEFULLY THE NEIGHBOR TO THE LEFT EVENTUALLY SOMEBODY WILL BE THERE AND THAT WILL BE GONE FROM ACCESS.

BUT TUESDAY BORDER PATROL IS ACROSS THE STREET.

CAN'T HAVE A BETTER NEIGHBOR THAN THAT.

THERE'S ALWAYS PATROL VEHICLES COMING IN AND OUT OF THERE TO MAKE IT FEEL A LITTLE MORE SECURE.

YOU KNOW, I DON'T FEEL LIKE PEOPLE ARE GOING TO TRY TO DO GRAFFITI RIGHT IN FRONT OF THE U.S.

BORDER PATROL STATION SO IT ADDS ANOTHER LEVEL SECURITY.

>> YOU'D BE SURPRISED.

>> NOT TO MENTION -- [INDECIPHERABLE] HAS THEIR OWN CAMERAS.

>> WOULD YOU BE WILLING TO CONSIDER ADDING A MORE ROBUST LANDSCAPE AROUND THOSE PERIMETER WALLS?

>> IF I COULD ADDRESS THAT.

I'M THE APPLICANT'S ENGINEER.

>> SURE.

>> THE FRONT WALL WE CAN LOOK AT THE EXCHANGE.

THE PERIMETER WALLS ON OTHER SIDES, THE SOUTH SIDE, THE WEST SIDE AND THE NORTH SIDE ARE ON THE PROPERTY LINE SO WE HAVE NO SPACE TO ADD LANDSCAPING.

WE WOULD PROBABLY BE LIMITED TO PUTTING ANTI-GRAFFITI COATINGS OR THING EVER DOING THINGS TO TRY TO MAKE THAT WALL A LESS ATTRACTIVE TARGET FOR GRAFFITI.

>> THAT WOULD BE GREAT.

THE ANTI-GRAFFITI COATING, WE ALWAYS ENCOURAGE THAT.

AT LEAST IF THINGS ARE TAGGED, THEY'RE EASIER TO CLEAN, SO WOULD I DEFINITELY LIKE TO SEE YOU BE WILLING TO DO THAT.

AND, OF COURSE, LIKE I SAID AT AT LEAST THAT FRONTAGE AREA, KEEP FROM IT, YOU KNOW, BEING A CANVAS.

SO OTHER THAN -- >> DEFINITELY.

AND CAMERAS, MOTION, SENSOR.

IF YOU'RE COMING IN THE GATE, YOU'VE GOT TO HAVE A CODE.

AND THE FACT THAT SOMEBODY WILL BE THERE MONDAY THROUGH FRIDAY, I MEAN, I THINK IT'S GOING TO BE MOSTLY MATURE STORAGE LOT IN THE VALLEY AND MOST NICELY LANDSCAPED, TOO, WE WILL HAVE NICE LANDSCAPING IN THE FRONT.

>> THAT'LL BE GREAT, AND I DO HOPE YOUR NEIGHBOR IS VERY HELPFUL FOR THE SECURITY, SO THAT'LL BE GOOD.

>> OKAY.

THANK YOU.

IF THERE'S NO OTHER COMMISSION QUESTIONS OF THE APPLICANT -- >> CHAIR, IF I MAY.

I'M SORRY.

>> YES.

>> I JUST HAVE A -- I GUESS A SUGGESTION FOLLOWING THAT TRAIL OF THOUGHT FROM COMMISSIONER FRANZ THAT, YOU KNOW, CONSIDERING TREES, MORE SHADE AS A WAY TO OFFSET SOME OF THE ISSUES THAT ARE CREATED WITH A LOT OF CEMENT AND VARIOUS, YOU KNOW, MATERIALS THAT WILL BE USED, SO MORE TREES, SOMETHING LIKE THE -- WHICH DOESN'T TAKE UP TOO MUCH SPACE, DOESN'T NEED TOO MUCH WATER, BUT IT CERTAINLY COVERS WITH SHADE MORE BEAUTIFULLY, SOS AS A SUGGESTION AS YOU'RE REVIEWING YOUR LANDSCAPE PLAN AND CONSIDERING SOME OF THOSE DESERT FRIENDLY TREES, ALWAYS MORE TREES IS A GOOD THING FOR ME.

MR. JAREGUI, I DID HAVE A QUESTION.

YOU DID MENTION A VISIBILITY STUDY AND I'M CURIOUS BECAUSE THERE WAS A QUESTION RAISED EARLIER ABOUT JOBS CREATION, AND THIS IS SOMETHING THAT IS OUTLINED AS PART OF THE ZONING, IN YOUR FEASIBILITY STUDY DID YOU SEE OR WAS THERE ANY OUTLINE AS TO WHAT TYPES OF JOBS ARE CREATED BY BRINGING IN SOMETHING LIKE THIS TO THIS AREA? OUTSIDE OF THE PEOPLE THAT YOU WILL BE EMPLOYING.

SO, YOU KNOW, I IMAGINE THAT YOU WOULD BE HAVING AN IMPACT ON OTHER BUSINESSES AND JOB CREATION, SO I'M JUST CURIOUS TO HEAR FROM YOU THAT THAT WOULD LOOK LIKE, IF AT ALL.

>> WELL, FIRST OF ALL, EVERYBODY ON MY TEAM IS LOCAL, SO I'M TRYING TO USE

[01:35:03]

EVERYBODY THAT I CAN FROM INDIO.

OR FROM THE SURROUNDING AREAS.

BUT HOPEFULLY LONG-TERM I'LL HAVE THE OFFICES TO GROW INTO, SO I'M HOPING THREE OR FOUR EMPLOYEES, BUT I MEAN, IT SHOULD DEFINITELY OPEN UP OTHER OPPORTUNITIES FOR CONSTRUCTION, THE GATES, THE WALLS, AND THE ADDED TAX VALUE.

I MEAN, ONCE THE PROJECT IS COMPLETE, THE PROPERTY TAXES ARE GOING TO QUADRUPLE OR MORE.

IT WILL BRING -- MAKE SURE THE PROPERTY REVENUE.

AND IT SHOULD DEFINITELY CREATE SOME OTHER JOBS AS FAR AS LIKE SECURITY, THE ALARM SYSTEMS, THE CAMERA SYSTEMS I'LL HAVE TO USE, BUT I'M ALL FOR GROWTH.

>> OKAY.

THANK YOU.

ANY OTHER COMMISSIONER QUESTIONS FOR THE APPLICANT? OKAY.

NO.

THEN WE'LL OPEN FOR PUBLIC COMMENTS ON THIS ITEM.

DO WE HAVE ANY PUBLIC COMMENTS, CLEMENTINA?

>> NOT ON THIS ITEM, CHAIRPERSON YSIANO.

>> OKAY.

THANK YOU.

>> AND JUST TO CLARIFY, THAT'S NO SUBMITTED COMMENTS OR NO HANDS OR REQUESTS TO OFFER PUBLIC COMMENT AT THE MOMENT?

>> THAT IS CORRECT.

>> THANK YOU.

>> OKAY.

>> YOU'RE WELCOME.

>> WE'LL CLOSE THE HEARING.

COMMISSIONERS, ANY DISCUSSION TO BE HAD?

>> CHAIR, IF I MAY, I THINK IF THE APPLICANT CAN TAKE INTO CONSIDERATION MORE LANDSCAPE, I AGREE MORE PLANTS, MORE TREES, I THINK SOMETHING THAT WOULD HELP NOT ONLY BEAUTIFY THOSE AREAS THAT ARE GOING TO BE VISIBLE BUT ALSO CERTAINLY TO DISSUADE FOLKS FROM PUBLIC ART AND THINGS LIKE THAT.

THERE'S DEFINITELY A PLACE FOR IT, NOT ALWAYS IN EVERYONE'S BUILDING.

SO I WOULD AGREE WITH THE SENTIMENT, SO I WOULD JUST SAY THAT I HOPE THAT THE APPLICANT TAKES THESE RECOMMENDATIONS INTO CONSIDERATION, AND IF THE PROJECT MOVES FORWARD, I WOULD LIKE TO SEE THAT COMPLETED.

>> CHAIR, CAN I MAKE A QUICK COMMENT? IT'S WITHIN THE COMMISSION'S PURVIEW TO REQUIRE AS PART OF YOUR DECISION MAKING TONIGHT ENHANCED LANDSCAPING ALONG THE FRONTAGE.

IN THE PAST YOU HAVE REQUIRED THAT AND YOU'VE DIRECTED STAFF TO WORK DIRECTLY WITH THE APPLICANT AND THE APPLICANT'S REPRESENTATIVE TO EFFECT THAT, SO IT IS WITHIN YOUR PURVIEW AS IS THE REQUIREMENT TO APPLY THE ANTI-GRAFFITI COATING TO WALLS.

SO I JUST WANT TO MAKE THOSE POINTS AS YOU PERHAPS THE MOVE INTO YOUR IP DELIBERATION AND POTENTIAL MOTION STAGE, THAT THOSE ARE BOTH WITHIN THE PURVIEW OF THE COMMISSION TO ADD THOSE, SO IT WOULD BED ADD INTO THE MOTION ACTION IF YOU CHOOSE TO MAKE ONE.

>> MR. SNYDER, HOW WOULD WE MEASURE A ROBUST LANDSCAPE PLAN? I'M JUST CURIOUS BECAUSE I KNOW IN THE PAST IT'S COME UP AND PART OF THE REASONS WHY WE HAVE HAD APPLICANTS NOT TAKE ON THOSE RECOMMENDATIONS IS BECAUSE TO MY UNDERSTANDING, IT'S NOT WITHIN THE CONDITIONS OF THE ZONING IS WHAT I'VE ABOUT AN TOLD IN THE PAST, AND SO I'M JUST CURIOUS HOW IT'S APPLIED THIS TIME AROUND.

>> SOME OF THE THINGS, VICE CHAIRPERSON, YOU BROUGHT UP IN THE PAST WERE RELATED TO CERTAIN THINGS THAT WE CAN'T LEGALLY REQUIRE THEM TO DO, FOR EXAMPLE, WE CAN'T REQUIRE THEM TO DO HEAT REDUCING ASPHALT.

IN THIS INSTANCE PART OF THE DESIGN REVIEW PROCESS IS REVIEW OF THE LANDSCAPE PLAN.

IF YOU THINK THAT THERE IS A NEED FOR INCREASED LANDSCAPING ALONG THE FRONTAGE, FOR EXAMPLE, MORE TREES, MORE GROUND COVER, YOU CAN NOTE THAT AS PART OF IT AND THEN DIRECT STAFF TO WORK DIRECTLY WITH REVISIONS TO THE LANDSCAPE PLAN TO AFFECT THE COMMISSION'S DIRECTION.

THAT BAY YOU'RE NOT PUT IN THE POSITION OF DECIDING MATERIALS THIS EVENING.

YOU'RE JUST GIVING DIRECTION TO STAFF AS PART OF YOUR DECISION MAKING PROCESS TO WORK WITH THE APPLICANT TO EFFECT, IF THE COMMISSION DOES FEEL THIS WAY, THE COMMISSION'S DIRECTION ON ENHANCING MORE LANDSCAPING, SO YOU DO HAVE THE AUTHORITY TO DO THAT THROUGH THE DESIGN REVIEW PROCESS.

>> GREAT.

THANK YOU.

THAT'S GREAT TO KNOW.

YEAH, TO CONTINUE MY DELIBERATION, I THINK IT WOULD BE WONDERFUL IF WE COULD ADD AND CONTINUE TO REQUEST THAT OF APPLICANTS AS WE CONTINUE TO DO OUR ZONING UPDATE, PARTICULARLY BECAUSE IT'S IMPORTANT THAT WE ARE TAKING INTO CONSIDERATION THE WAY THAT WE ARE GOING TO BE AFFECTED BY CLIMATE CHANGE IN THE NEAR FUTURE, AND SO A MORE REBUS LANDSCAPE PLAN I THINK WOULD BE A GOOD WAY TO GO, TREES AND PARTICULARLY TREES THAT ARE NATIVE TO THE REGION AND TREES THAT COMPLY WITH OUR WATER USAGE CODE, SO I WOULD LIKE TO SEE SOME OF THOSE CONDITIONS ADDED TONIGHT.

>> OKAY.

ANY OTHER COMMISSIONER THOUGHTS? COMMISSIONER CEJA, IF YOU'D LOOK TO TAKE A STAB AT MAKE MAYBE MAKING A MOTION WITH

[01:40:01]

SOME OF THOSE CONDITIONS AS NOTED, WE WOULD BE WILLING TO ENTERTAIN.

>> ZACH, I'M REALLY GOING NEED YOUR HELP IF YOU COULD.

>> SO IF I UNDERSTOOD THE CONVERSATION APPROPRIATELY, AND FEEL FREE TO INTERJECT IF I'M OFF OR YOU YOURSELF OR DIRECTOR SNYDER, ANY OF THE OTHER COMMISSIONERS --

>> MAY I MAKE A COMMENT BEFORE WE CREATE THE MOTION? SORRY.

CHRISTIAN, ARE YOU GOOD WITH ADDING TO THAT THE COATING OF THE ANTI-GRAFFITI PAINT? ABSOLUTELY.

>> THANK YOU.

I FIGURED I DIDN'T WANT TO MAKE ZACH WORK HARD EARN NECESSARY.

>> WE HAVE A DIRTH OF MEETINGS OF LATE SO IT'S GOOD TO GET MORE REPS IN FOR ALL OF US, RIGHT? SO I BELIEVE WHAT YOU WOULD BE ABLE TO MAKE A MOTION THAT ON SOMETHING LIKE A MOTION TO APPROVE RESOLUTION NUMBER 2015 OF THE PLANNING COMMISSION OF THE CITY OF INDIO APPROVING DESIGN REVIEW 21-12-492 WITH THE ADDITION OF THE CONDITION TO REQUIRE ANTI-GRAFFITI COATING TREATMENT ALONG THE PERIMETER WALLS AND ADDING A CONDITION TO REQUIRE ENHANCED LANDSCAPING PLAN ALONG THE PROPERTY FRONTAGE TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR OR DESIGNEE.

THAT'S HOW I UNDERSTOOD THE CONVERSATION, SO I'LL OFFER THAT AS A PROPOSED MOTION TO CAPTURE THAT WITH ANY MODIFICATION YOU OR DIRECTOR SNYDER MIGHT HAVE AT ALL ON THAT.

>> I THINK THAT CAPTURES THE MOTION.

>> I'LL SECOND THE MOTION.

>> OKAY.

CAN WE GET A ROLL CALL VOTE, PLEASE.

>> CHAIRPERSON YSIANO.

>> YES.

>> VICE CHAIRPERSON RODRIGUEZ CEJA.

>> YES.

>> COMMISSIONER FRANZ.

>> YES.

>> COMMISSIONER VALDEZ.

>> YES.

>> MOTION IS PASSED 4 YESES FOR THE RECORD.

>> THANK YOU.

CONGRATULATIONS TO THE APPLICANT.

THANK YOU VERY MUCH.

OKAY.

>> THANK YOU, COMMISSIONERS.

>> THANK YOU.

KEVIN, I BELIEVE GOING FORWARD, I THINK I SAW JUST BEFORE THE MEETING WE ARE CONTINUING COMPLETELY WITH 4.3, CORRECT?

>> CORRECT.

PREVIOUSLY TO TODAY THERE WAS A MIXED-UP IN COMMUNICATION INTERNALLY.

WE ACTUALLY DID MEET THE LEGAL NOTIFICATION REQUIREMENT, SO WE ARE -- THE PUBLIC HEARING FOR ITEM 4.3 IS ON THIS EVENING.

>> OKAY.

[4.3. Resolution No. 2017 - Zoning Text Amendment for New Section 158.419 of...]

WONDERFUL.

THEN LET'S OPEN THAT PUBLIC HEARING FOR ITEM 4.3 RESOLUTION NUMBER 017, ZONING TEXT AMENDMENT FOR NEW SECTION 158.419 OF THE INDIO MUNICIPAL CODE PERTAINING TO THE DEVELOPMENT OF UNZONED PROPERTIES WITHIN THE FORMER PACIFIC INDIO PROPERTIES DEVELOPMENT AGREEMENT AREA.

>> SO I'LL BE MAKING THIS STAFF REPORT THIS EVENING, AND.

>> I KIND OF LIKE THE NEW GUYS, KEVIN.

>> WHAT'S THAT?

>> I KIND OF LIKE THE NEW GUYS.

>> YEAH.

SO THIS EVENING THIS ITEM BEFORE YOU IS A FOLLOW-UP TO AN URGENCY ACTION ORDINANCE TO THAT THE CITY COUNCIL VOTED ON OH JANUARY 19TH AND PUT INTO EFFECT.

THE AREA THAT I HAVE HIGHLIGHTED IN THE PURPLE HATCH, THIS IS AN AREA THAT WAS SUBJECT TO THE DEVELOPMENT AGREEMENT THAT WAS EXECUTED IN THE EARLY 1990S AND HAS BEEN AMENDED SEVERAL TIMES AND WAS IN EFFECT UP UNTIL JANUARY OF THIS YEAR, SO OVER 30 YEARS THAT THIS DEVELOPMENT AGREEMENT WAS IN EFFECT, AND THIS DEVELOPMENT AGREEMENT WAS INCLUSIVE OF LAND USES AND DEVELOPMENT STANDARDS.

THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT THAT WAS PROCESSED IN 2012 EXTENDED THE TERM OF THE DEVELOPMENT AGREEMENT TO JANUARY 19, 2022.

AND AS WE CAME UPON THAT DATE, AND KNOWING THAT THERE WAS INTEREST IN DEVELOPMENT OUT THERE, WE WORKED WITH SOME OF THE PROPERTY OWNERS OUT THERE, AND I'LL CLARIFY WHEN I SAY "SOME" OF THE PROPERTY OWNERS, TO PROCESS AND PRESENT TO THE CITY COUNCIL AN ORDINANCE ACTION THAT WOULD EXTEND THE DEVELOPMENT AGREEMENT FOR THOSE AFFECTED PROPERTIES FOR AN ADDITIONAL 18 MONTHS.

AND THE REASON WHY IT WAS CERTAIN PROPERTIES WAS BECAUSE ONLY THE PARTIES SECOND AMENDMENT WERE LEGALLY ALL TO ENTER INTO THE THIRD AMENDMENT.

SO THE THIRD AMENDMENT APPLIED TO AREAS THAT INCLUDE PROPERTIES TO THE WEST OF MONROE, PROPERTIES TO THE EAST OF THE WALMART CENTER OFTEN REFERRED AS TO

[01:45:03]

THE LOWE'S PROPERTY, AND THEN SOME OF THE PROPERTIES THAT ARE SHOWN NORTH OF SHOWCASE AND EAST OF SPECTRUM.

SO NOT ALL THE PROPERTIES WERE COVERED BY THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT THAT THE CITY COUNCIL CONSIDERED AND TOOK ACTION ON ON JANUARY 19TH.

WHAT THIS IN EFFECT DID WAS TO CREATE AN UNZONED CONDITION FOR SOME OF THE PROPERTIES THAT ARE WITHIN THAT HATCHED AREA, AND THAT WAS A PUBLIC INTEREST AND CONCERN BECAUSE AN UNZONED CONDITION THE CITY HAS NO REGULATORY AUTHORITY TO REGULATE THE LAND USES AND THE SITE DEVELOPMENT.

SO AGAIN, THE CITY COUNCIL ADOPTED AN URGENCY ORDINANCE THAT ESTABLISHED A NEW SECTION OF DECKS 159 .

419 TITLED DEVELOPMENT UNZONED PROPERTY, AND IN SUMMARY, IT'S IN THE STAFF REPORT, BUT IN SUMMARY WHAT THIS DID IS IT CREATED A VEHICLE FOR DEVELOPMENT FOR THOSE UNZONED PROPERTY VIA DEVELOPMENT AGREEMENT.

NOW, AS YOU'RE WELL AWARE, ULTIMATELY WE WILL HAVE NEW ZONING REGULATIONS IN PLACE THAT WOULD BE EFFECTIVE TO THOSE PROPERTIES, BUT BECAUSE THE LEGISLATIVE PROCESS HAS NOT INITIATED AND THE TIMETABLE IS NOT CERTAIN, THERE WAS A PUBLIC INTEREST IN HAVING A VEHICLE FOR POTENTIAL DEVELOPMENT, AND A DEVELOPMENT AGREEMENT IS THAT APPROPRIATE VEHICLE BASED ON REVIEW AND CONSIDERATION BY THE CITY ATTORNEY'S OFFICE.

BECAUSE THIS PERTAINS TO ZONING, THE URGENCY ON THE OTHER HAND NEEDED TO BE FOLLOWED UP WITH AN ACTUAL LEGISLATIVE PROCESS FOR CONSIDERATION OF PERMANENT ADOPTION OF THE ON THE OTHER HAND LANGUAGE INTO CITY CODE, AND THAT'S WHY WE'RE BEFORE YOU THIS EVENING.

SO THE COMMISSION IS BEING ASKED TO CONSIDER ADDING 159.419 TO THE CITY REGULATIONS PERTAINING TO ZONING WHICH IS CHAPTER 159 AND YOUR ACTION THIS EVENING WOULD BE A RECOMMENDATION TO CITY COUNCIL THAT WOULD TAKE ACTION TO PERMANENTLY ADD THIS SECTION.

SO IN SUMMARY, THAT'S WHAT WE'RE BRINGING BEFORE YOU THIS EVENING.

WE ARE REQUESTING THE COMMISSION'S APPROVAL OF RESOLUTION NUMBER 2017 THAT WOULD EFFECT YOUR RECOMMENDATION TO CITY COUNCIL, AND WITH THAT I'M HAPPY TO ANSWER ANY QUESTIONS THE COMMISSION MIGHT HAVE.

THANK YOU.

>> KEVIN, WAS THAT SECTION 158419 OR 159?

>> MY APOLOGIES.

159.419.

THIS WOULD BE A NEW SECTION IN OUR ZONING REGULATIONS.

>> OKAY.

OUR PAPERWORK I BELIEVE SAYS 158.419.

>> I APOLOGIZE.

THAT IS AN ERROR.

I APOLOGIZE FOR THAT.

IT SHOULD READ 159.

MY APOLOGIES.

THAT WAS AN ADMINISTRATIVE ERROR.

>> NO PROBLEM, AND THAT'S OKAY, JUST ACKNOWLEDGING THAT ON THE RECORD IS SUFFICE.

>> THE ADOPT RESOLUTION HAS A APPROPRIATE CITATION.

IF THE STAFF REPORT REFERS TO IT, IT SOUNDS LIKE IT MIGHT HAVE BEEN A TYING ERROR, NEVERTHELESS, THE RESOLUTION DOES STATE IT CORRECTLY.

>> WONDERFUL.

ANY COMMISSIONER QUESTIONS FOR STAFF?

>> I JUST HAVE A ONE.

I WANT TO MAKE SURE I'M UNDERSTANDING THIS RIGHT.

THIS IS, AS SIMPLE AS CAN BE, JUST A THIRD, BASICALLY, EXTENSION ON AMENDMENT OF THE DEVELOPMENT AGREEMENT THAT HAS BEEN IN PLACE FOREVER IN ORDER SO THAT IT DID NOT EXPIRE BECAUSE PART OF OUR RULES AND REGULATIONS TO ENSURE THAT THIS CONTINUES FOR THE FUTURE.

>> SOMEWHAT, COMMISSIONER.

I'LL EXPLAIN, MAYBE TRY TO DELINEATE.

THE THIRD AMENDMENT WAS APPROVED BY CITY COUNCIL.

THAT APPLIES TO CERTAIN PROPERTIES WITHIN THAT HATCHED AREA BUT NOT ALL OF THEM.

SO THAT ACTION WAS TAKEN ALREADY BY CITY COUNCIL AND EXTENDED IT FOR 18 MONTHS, ABOUT IT DIDN'T APPLY TO ALL THE PROPERTIES, SO THAT IS WHY WE'RE BRINGING THIS NEW CODE SECTION BEFORE YOU, TO CREATE A VEHICLE IF THERE IS DEVELOPMENT INTEREST BEFORE THE NEW ZONING REGULATIONS ARE IN PLACE, THERE IS A PUBLIC INTEREST IN MAKING SURE THAT WE HAVE A LEVEL OF RECTOR CONTROL OVER THAT DEVELOPMENT SO THIS NEW ZONING SECTION WOULD PROVIDE THAT REGULATORY CONTROL, BUT ONLY WOULD APPLY TO THOSE PROPERTIES THAT WEREN'T HEART OF PART OF THAT THIRD AMENDMENT THAT COUNCIL ADOPTED ON JANUARY 19TH.

>> SOCK OKAY.

SO THIS JUST CLARIFIES THAT WE'RE NOT LEAVING ANY POCKETS IN THEY'RE AREA

WITHOUT -- >> RIGHT.

THE ASSISTANT CITY ATTORNEY HAS SOMETHING HE WOULD LIKE TO ADD.

>> I WAS GOING SAY AS A FURTHER POINT OF CLARIFICATION, THE COUNCIL IN ADDITION TO APPROVING THAT THIRD AMENDMENT THAT DIRECTOR SNYDER MENTIONED, HE ALSO MENTION THAT HAD THEY APPROVED AN URGENCY ORDINANCE ADDING THIS SAME

[01:50:04]

TEXT, AND SO THE COUNCIL APPROVED THE ORDINANCE THAT'S ON THE BOOKS.

WHAT'S HAPPENING NOW IS THE STATE LAW ALLOWS THIS EMERGENCY ORDINANCE IF THERE ARE SPECIFIC CONDITIONS THAT ARE MET FOR A SPECIFIC URGENT NEED.

IT'S IN THE ZONING CODE, AND IT'S BEST PRACTICE WOULD BE TO FOLLOW UP WITH THAT STANDARD PRACTICE THAT REQUIRES THE PLANNING COMMISSION RECOMMENDATION.

SO WE'RE IN THAT BEST PRACTICE FOLLOW-UP UNIVERSE.

>> THAT'S WHAT I THOUGHT, BUT I JUST WANTED TO MAKE SURE I WASN'T MISUNDERSTANDING.

>> NO, YOU ARE CORRECT.

>> WHERE WE'RE GOING.

>> COMMISSIONER FRANZ.

AND YOU MIGHT, OFTEN WHEN CITIES OR EVEN STATE GOVERNMENTS PASS EMERGENCY DECLARATION, FOR EXAMPLE, THEY HAVE TO FOLLOW IT UP WITH ADDITIONAL PROCESSES TO EFFECT THAT, AND THAT'S WHAT WE'RE DOING THIS EVENING.

AGAIN, THE COUNCIL ACTION WAS WITH AN URGENCY ORDINANCE BUT WE ARE BRINGING THIS FORWARD TO GO THROUGH THE FORMAL LEGISLATIVE PROCESS THAT THE ASSISTANT CITY ATTORNEY REFERENCED TO LEGALLY EFFECT ITS FORMAL ADOPTION INTO CITY CODE.

>> OKAY.

PERFECT.

THANK YOU.

>> OKAY.

NO OTHER COMMISSIONER QUESTIONS FOR STAFF.

WE CAN OPEN THE PUBLIC COMMENT SECTION.

CLEMENTINA, DO WE HAVE ANY PUBLIC COMMENTS OR EMAILS REGARDING THIS ITEM?

>> NO, SIR, NOT AT THIS TIME.

>> OKAY.

SO WE'LL CLOSE THE PUBLIC COMMENTS HEARING PORTION IF THERE'S NO PUBLIC COMMENTS.

AND, COMMISSION, ANY THOUGHTS ON STAFF REPORT? ANY DELIBERATION?

>> I MEAN, NOBODY HAS ANY QUESTIONS I'LL MAKE A MOTION.

>> AND PARDON MY INTERRUPTION, COMMISSIONERS.

JUST TO CLARIFY, CHAIR, IN CLOSING THE PUBLIC COMMENT PORTION, YOU'RE ALSO SUGGESTING THAT WE CLOSE THE HEARING ON THE ITEM AS WELL?

>> YES.

YES.

PLEASE.

COMMISSIONER FRANZ, WERE YOU MAKING A MOTION.

>> I'LL MAKE A MOTION.

I MAKE A MOTION THAT WE APPROVE RESOLUTION NUMBER 2017 RECOMMENDATION TO THE CITY COUNCIL THE APPROVAL OF THE ZONING CODE TAX AMENDMENT TO ADD NEW SECTIONS, AND I'M NOT SURE IF THIS IS THE RIGHT NUMBER OR NOT 158.419.

>> CLARIFICATION.

IT SHOULD BE 159.

SO.

>> 159.419 TO THE INDIO MUNICIPAL CODE AND FINDING THE AMENDMENT IS EXEMPT FROM FURTHER REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

>> OKAY.

THANK YOU.

DO WE HAVE A SECOND?

>> I'LL SECOND.

>> CLEMENTINA, CAN WE PLEASE HAVE A ROLL CALL VOTE.

>> CHAIRPERSON YSIANO.

>> YES.

>> VICE CHAIRPERSON RODRIGUEZ CEJA.

>> YES.

>> COMMISSIONER FRANZ.

>> YES.

>> COMMISSIONER VALDEZ.

>> YES.

>> MOTION IS PASSED 4 YES.

>> ALL RIGHT.

THANK YOU.

MOVING ON, ACTION ITEMS WE HAVE NONE AND WE HAVE NO MEETING MINUTES TO APPROVE CURRENTLY.

WE DO HAVE A STUD I SESSION ITEM.

[7.1. Planning Commission to review and discuss the Draft Sign Code for the ...]

KEVIN, IS THAT SOMETHING THAT YOU'RE REVIEWING WITH US?

>> YES.

I'M GOING TO INTRODUCE IT BUT I HAVE SOME FOLKS HERE THAT ARE GOING TO ACTUALLY LEAD THE PRESENTATION.

SO YOU'VE HEARD ABOUT THE ZONING CODE UPDATE FOR A LONG TIME.

WE ARE FINALLY AT A POINT WHERE WE ARE -- WE HAVE DEVELOPED PRODUCT, AND THIS IS THE FIRST OF SIX PLANNED STUDY SESSIONS WHICH ONE IS A SPECIAL MEETING, AND I'LL BE CONTACTING YOU AS A FOLLOW-UP TO CONFIRM A QUORUM FOR THAT, BUT THIS EVENING WE WANTED TO START WITH OUR DRAFT SIGNED REGULATIONS, AND SO TO DO THE PRESENTATION AND HELP IN THE DISCUSSION THIS EVENING, WE ARE JOINED BY ROGER EASTMAN WITH THE LISA WISE COMPANY, AND SIMRAN MAHOTA WITH RAIMI CONSULTANTS.

RAIMI IS THE LEAD CONSULTANT AND LISA WISE IS A SUB-CONSULTANT TO THEM AND THEY ARE GOING TO WALK YOU THROUGH THE DRAFT SIGN REGULATIONS AND, AS I SAID, ASSIST THEM WITH ANY QUESTIONS OR DISCUSSION.

I THINK SIMRAN IS GOING TO START.

AM I CORRECT? AND THEN ROGER IS GOING TO TAKE IT FROM THERE.

>> THAT'S RIGHT.

THANK YOU, DIRECTOR SNYDER.

GOOD EVENING, CHAIR YSIANO, VICE CHAIR CEJA AND MEMBERS OF THE PLANNING COMMISSION.

I'M THE PRINCIPLE OF RAIMI AND ASSOCIATES AND WE ARE LEADING THE ZONE CODE UPDATE

[01:55:03]

FOR THE CITY OF INDIO.

IT'S GOOD TO SEE YOU ALL AGAIN.

WE PRESENTED TO YOU WHEN WE STARTED THE PROJECT ABOUT A YEAR AND A HALF AGO.

SO WE ARE VERY PLEASED TO BRING TO YOU TODAY THE FIRST OF SEVERAL ITEMS THAT HAVE BEEN DISCUSSED WITH YOU OVER THE COURSE THE NEXT COUPLE OF MONTHS.

SO I'LL GIVE A BRIEF OVERVIEW TO THE PROJECT, WHERE WE ARE IN THE SCHEDULE, AND THEN AT THING THE MEETING I'LL OUTLINE WHAT WE'LL BE DISCUSSING IN THE FUTURE MEETINGS OVER THE NEXT COUPLE OF MONTHS.

AND AS KEVIN MENTIONED, THE TOPICS OF TODAY'S STUDY SESSION IS THE JOB SIGN CODE.

NEXT SLIDE, PLEASE.

THE ZONING CODE UPDATE TEAM IS COMPRISED OF THREE CONSULTANT FIRMS. RAIMI + ASSOCIATES IS THE PROJECT LEAD AND WE ARE RESPONSIBLE FOR THE ZONING CODE.

WE HAVE RINCON CONSULTANTS HELPING ON US AS WELL AS OTHER PARTS OF THE SIGN CODE THAT CAN BE DISCUSSED AT A LATER MEETING AND RINCON CONSULTANTS WILL BE PREPARING THE ENVIRONMENTAL CONSISTS ANALYSIS FOR THE ZONING CODE.

THE ZONING CODE UPDATE IS A COMPREHENSIVE UPDATE OF CHAPTERS 150 WHICH ARE BILLBOARDS AND SIGNS, AND CHAPTER 159, WHICH IS ZONING REGULATIONS IN THE INDIO MUNICIPAL CODE.

THESE CHAPTERS WILL BE COMBINED IN A STANDALONE UNIFIED DEVELOPMENT CODE DOCUMENT THAT'LL BE A SINGLE REGULATORY DOCUMENT THAT GOVERNS THE DEVELOPMENT ON ALL PROPERTIES IN THE CITY AS WELL AS SIGNS.

THE CITY ALSO INTENDS TO INCLUDE UPDATED SUBDIVISION REGULATIONS IN THE DOCUMENT AT A LATER DATE, AND THAT'S A PART OF CHAPTER 156.

SO WHY IS THE CITY UPDATING THE CODE? THE CITY ADOPTED A NEW GENERAL PLAN INDIO 2040 IN THE FALL OF 2019 WHICH RAIMI & ASSOCIATES HAD HELPED THE CITY PREPARE.

FOLLOWING THE ADOPTION OF THE GENERAL PLAN AND TO BE IN COMPLIANCE WITH STATE LAW, THE CITY NEEDED TO UPDATE THE ZONING MAP AND THE CODE TO BE CONSISTENT WITH THE GENERAL PLAN.

IN ADDITION, THE CODE NEEDS TO COMPLY WITH RECENT STATE AND FEDERAL LEGISLATION THAT'S BEEN PASSED OVER THE LAST SEVERAL YEARS, AND ESPECIALLY WITH REGARD TO STATE LEGISLATION IN TERMS OF HOUSING, AS YOU HAVE HEARD, AND SEEN THERE'S BEEN A LOT OF LEGISLATION THAT'S COME DOWN THE PIKE.

YOUR CURRENT ZONING CODE WAS LAST COMPREHENSIVELY UNDATED MORE THAN 20 YEARS AGO, AND THERE HAVE BEEN PIECEMEAL UPDATES OVER TIME WHICH HAVE LED TO SOME INCONSISTENCIES, AND TO BE FRANK, A LESS THAN OPTIMAL EXPERIENCE FOR THE USERS ON BOTH SIDE OF THE PLANNING COUNTER.

IT'S HARD FOR PLANNING STAFF TO USE IT BUT ALSO FOR APPLICANTS TO SOME EXTENT.

SO THE CODE NEEDS TO ADDRESS UPDATED STANDARDS AND BEST PRACTICES THAT ARE CONSISTENT WITH THE WORLD WE LIVE IN TODAY.

THE PERMITS AND PROCEDURES SECTIONS ALSO NEED TO BE CLARIFIED AND STREAMLINED TO BE CONSISTENT WITH STATE LAW AND GENERAL PLAN POLICIES.

AND THE ULTIMATE GOAL OF THIS UPDATE IS TO PROVIDE A MORE LOGICALLY STRUCTURED USER FRIENDLY CODE THAT'S HIGHLY ILLUSTRATIVE.

OVER THE NEXT TWO MONTHS WE WILL BE PRESENTING PORTIONS OF THE DRAFT CODE TO GET YOUR FEEDBACK, AND THE GOAL IS TO BE READY FOR ADOPTION IN THE SUMMER OF THIS YEAR.

AND AS I MENTIONED EARLIER, AT THE END OF THE PRESENTATION I'LL OUTLINE THE SCHEDULE FOR UPCOMING MEETINGS.

TODAY WE WILL START WITH THE SIGN CODE, AND NOW I'LL TURN IT OVER TO ROGER EASTMAN FROM LISA WISE CONSULTING TO INTRODUCE HIMSELF AND WALK THROUGH THE DRAFT CODE.

TAKE IT AWAY, ROGER.

>> THANK YOU, SIMRAN.

MR. CHAIRMAN, MEMBERS OF THE COMMISSION, I'M ROGER EASTMAN, DIRECTOR WITH LISA WEST CONSULTING.

I ACTUALLY PRESENTED WITH SIMRAN SOME MONTHS AGO, A YEAR AGO, I GUESS, WHEN WE WERE INTRODUCING THE SIGN CODE WITH AN EARLIER WORKSHOP.

I'VE BEEN WORKING ON SIGN REGULATIONS FOR A NUMBER OF YEARS WITH AN EXTENSIVE BACKGROUND IN ZONING CODES.

WE'RE NOT ATTORNEYS, SO IF YOU HAVE SPECIFIC QUESTIONS THAT COME UP THROUGH OUR DISCUSSION TONIGHT, YOU'VE GOT YOUR CITY ATTORNEY ON STAFF.

WE'LL CERTAINLY BE ABLE TO PROVIDE YOU WITH A BACKGROUND TO THE LAW AS IT

[02:00:05]

RELATES TO SIGNAGE, AND WHAT WE'RE PROPOSING TO FIX YOUR CODE.

AS E.

SIMRAN NOTED, THE EXISTING ZONING CODE AND SIGN STANDARDS AS A PART OF IT -- THIS IS CHAPTER 150: BILLBOARDS AND SIGNS.

THEY'RE FULLY ORGANIZED.

THEY'RE COMPLEX.

THEY'RE HARD TO USE.

THEY'RE OUTDATED.

AND HONESTLY THEY DON'T PRODUCE THE RESULTS DESIRED OF THE CITY WITH THE NEW GENERAL PLAN.

AND THIS WAS ALL DOCUMENTED IN THE AUDIT REPORT PROVIDED IN SEPTEMBER OF 2020.

AND THEN IN 2015 THE U.S.

SUPREME COURT WITH THE REED V.

TOWN OF GILBERT CASE REALLY TURNED SIGN REGULATION ON ITS HEAD AND I'LL TALK VERY BRIEFLY ABOUT THAT JUST TO PROVIDE A LITTLE BIT OF A REMINDER AND SO MANY BACKGROUND, AND THROUGH ALL OF THIS IT BECAME VERY CLEAR THAT THE CITY NEEDED A COMPREHENSIVE OVERHAUL AND UPDATE TO THE STEIN CODE.

SO WHAT HAPPENED.

IN THIS CASE REED V.

TOWN OF GILBERT? PASTOR REED HAD A SMALL CHURCH AND HE RAN AFOUL OF THE CITY -- EXCUSE ME -- THE TOWN OF GILBERT E CODE ENFORCEMENT STAFF WITH THE SIGNS THAT HE WAS PUTTING OUT AS YOU SEE IN THIS PHOTOGRAPH ENCOURAGING PEOPLE TO ATTEND HIS CHURCH EVENTS.

NOW, I'M NOT GOING TO GET INTO ALL THE DETAILS OF THIS CASE, BUT IT REALLY CAME DOWN TO THE TOWN OF GILBERT SETTING UP DIFFERENT RULES FOR TYPES OF SIGNS BASED ON THE MESSAGE THEY WERE CONVEYING, WHETHER IT WAS AN IDEOLOGICAL MESSAGE, A POLITICAL MESSAGE OR A TEMPORARY DIRECTIONAL SIGN POINTING SOMEBODY TO A CHURCH MEETING, IN THIS CASE.

AND IF YOU LOOK CAREFULLY HERE, YOU WILL SEE THAT EACH OF THE DIFFERENT TYPES OF SIGNS HAD DIFFERENT STANDARDS.

SOME CAN BE BIGGER THAN OTHERS.

SOME WERE DEFINITELY SMALLER.

SOME CAN BE UP FOR A SUBSTANTIALLY LONGERRER PERIOD OF TIME THAN OTHERS, AND SOME HAVE DIFFERENT LOCATION REQUIREMENTS.

AND THE BOTTOM LINE WAS THAT THE COURT FOUND THAT THE CITY HAS REGULATING SIGNS BASED ON MESSAGE, NOT BASED ON THE TIME, PLACE AND MANNER REGULATIONS FOR SIGNAGE.

SO THE DISTINCTION IS YOU CAN NO LONGER, FOR EXAMPLE, TALK ABOUT REAL ESTATE SIGNS, CONSTRUCTION SIGNS, POLITICAL SIGNS.

YOU NEED TO THINK ABOUT SIGNAGE, ESPECIALLY FOR TEMPORARY SIGNS, BASED ON TIME, PLACE AND MANNER REGULATION.

WHAT TYPE OF SIGN IS IT? AND IT'S NOT THE MESSAGE THAT DESCRIBES THE SIGN TYPE, IT'S JUST THE SIGN STRUCTURE, WHETHER IT'S A YARD SIGN OR A A-FRAME SIGN FOR A MONUMENT SIGN OR WHATEVER.

AND THIS GETS REALLY TRICKY BECAUSE OBVIOUSLY THE FIRST AMENDMENT IS VERY POWERFUL IN OUR NATION AND FREEDOM OF SPEECH IS AN EXISTENTIAL RIGHT, IS WE HAVE GOT TO BE ABLE TO BALANCE THE NEEDS OF PEOPLE, WHETHER THEY'RE ADVERTISING A BUSINESS OR THEY'RE POLITICAL VIEWS OR THEY'RE IDEOLOGICAL VIEWS, WITH THE RIGHT TO, FOR A CITY OR TOWN, TO PROTECT ITS IMAGE AND TO ESTABLISH RULES FOR SIGNAGE.

AND WE DID A VERY QUICK ANALYSIS SOME TIME AGO OF PLAINTIFFS YOUR EXISTING SIGN TYPES TO SHOW THOUSAND THEY'RE CONTENT-BASED LIKE A REAL ESTATE, RESIDENTIAL OR COMMERCIAL SIGN, A LOTTERY SIGN OR A RESTAURANT MENU BOARD SIGN, AND HOW WE COULD SUGGEST A CONTENT NEUTRAL SIGN TYPE AS EITHER AN A-FRAME, A WALL SIGN OR INCIDENTAL SIGN AND SO ON.

SO THAT'S ONE OF THE BIGGEST CHANGES THAT YOU WILL SEE THROUGH THE REGULATIONS THAT WE'RE PRESENTING DO YOU TONIGHT IN THE SIGN CODE.

HERE IS YOUR EXISTING CHAPTER 150 BILLBOARDS AND SIGNS.

AND IT'S VERY CONFUSING FOR A LAYPERSON TO PICK UP AND READ THIS TO TRY AND FIND THE SIGN STANDARDS.

WE'VE TALKED WITH EVERY CITY STAFF ABOUT THE ORGANIZATION OF THE SIGN CODE, AND IT'S DIFFICULT FOR THEM TO USE, IT'S DIFFICULT FOR APPLICANTS TO USE.

WHAT WE'RE SUGGESTING INSTEAD IS A MUCH SIMPLER ORGANIZATION, SO THE CHAPTER IS BROKEN UNINTO INDIVIDUAL SECTIONS.

I'M GOING TO RUN THROUGH EACH OF THOSE SECTIONS AT A FAIRLY HIGH LEVEL TO GIVE YOU A FLAVOR FOR THE WHOLE OF THE CODE.

AND THEN WELCOME ANY QUESTIONS AT THE END OF THE PRESENTATION.

ONE OF THE THINGS THAT'S IMPORTANT IS WE GODOT NOT LIKE TO DOCUMENT -- DO NOTE LIKE TO DOCUMENT INNATE STANDARDS.

SO WHILE WE'RE PROVIDING OUR CROSS PREFERENCES FROM SIGN REGULATIONS TO WHERE THE NON-CONFORMING SIGNS ARE IN THE NON-CONFORMING PROVISIONS IN CHAPTER 6.03.

ALL THE SIGN PERMITS ARE IN CHAPTER 6.04.

[02:05:01]

SIMILAR FOR ENFORCEMENT AND TO DEFINITIONS WHICH ARE INCLUDED IN MAIN DEFINITIONS CHAPTER.

SO THE GENERAL PROVISIONS REALLY START TO SET THE FOUNDATION FOR THE CODE.

WHAT IS THE PURPOSE OF THE SIGN REGULATIONS? THESE HAVE BEEN UPDATED SPECIFICALLY FOLLOWING THE REED V.

TOWN OF GILBERT CASE.

THE APPLICABILITY SECTION SIMILARLY.

FOR EXAMPLE, IF YOU'VE LOOKED THROUGH THE SIGN CODE THAT I KNOW KEVIN ATTACHED IN YOUR STAFF REPORT, YOU WILL SEE THERE'S A SHORT PARAGRAPH THAT ALLOWS FOR THE RIGHT TO PICKET.

THIS IS A RECOMMENDED BEST PRACTICE.

THE SUBSTITUTION AND INTERPRETATIONS CLAUSE IS IMPORTANT, TOO, AS A RECOMMENDED BEST PRACTICE.

THIS MEANS YOU CAN SUBSTITUTE A COMMERCIAL FOR A NON-COMMERCIAL MESSAGE ON A SIGN.

AND THEN AGAIN CONSISTENT WITH REED V.

GILBERT, THE NUMBER OF EXEMPT SIGNS HAS BEEN SIGNIFICANTLY REDUCED.

MANY OF YOUR CURRENT EXEMPT SIGNS ARE CONTENT-BASED SIGN TYPES SO THEY AUTOMATICALLY CAME OUT, AND SOME OF THE EXEMPTION LANGUAGE HAS BEEN REWRITTEN AND INCLUDED IN OTHER SECTIONS OF THE CODE.

SO HERE'S THE CROSS REFERENCE TO WHERE A SIGN PERMIT SECTIONS ARE INCLUDED, PERMANENT SIGNS HAS A VERY SIMPLE PROCESS NOW FOR WHAT AN APPLICANT NEEDS TO DO TO APPLY 4 HIS PERMANENT OR HER PERMANENT SIGN PERMIT.

WE ONLY REQUIRE A TEMPORARY BANNER PERMIT FOR BANNER SIGNS.

ALL OTHER TEMPORARY SIGNS DO NOT REQUIRE A PERMIT.

I'LL EXPLAIN THAT LATER.

AND THEN WE'VE ADD THIS NEW THING CALLED A MASTER SIGN PLAN, THE ABILITY NOW FOR A DEVELOPER OF A LARGE PROJECT TO WORK WITH STAFF TO CREATE A COMPREHENSIVE SIGN PACKAGE FOR THE DEVELOPMENT THAT PROVIDE SOME FLEXIBILITY WITH THE SIGN STANDARDS.

SO THIS IS AN IMPORTANT SECTION.

WITHIN ONE PLACE, SECTION 3.05.03, ALL THE GENERAL RESTRICTIONS FOR SIGNS ARE INCLUDED, SO THIS INCLUDES WHERE SIGNS MAY BE PLACED, NOT IN THE RIGHT-OF-WAY, HAVE TO BE ON PRIVATE PROPERTY, CAN'T PUT THEM ON BRIDGES, YOU CAN'T PUT THEM ON LIGHT POLES AND SO ON.

AND THEN ALL THE DISPLAY REGULATIONS.

HOW MAY THEY BE DISPLAYED IN TERMS OF CAN THEY HAVE MOVING PARTS OR NOT? MOSTLY THE ANSWER TO THAT IS NO.

SOME OF THESE SIGN PHOTOGRAPHS THAT YOU SEE AT THE BOTTOM HERE ARE INDICATIVE OF THE TYPES OF SIGNS THAT THE CODE WOULD PROHIBIT AS WELL.

AND THEN WE HAVE UNDER THE GENERAL REQUIREMENTS FOR SIGNS A SIMPLE STATEMENT THAT SAYS A NON-COMMERCIAL MESSAGE MAY BE ALLOWED.

WE SET UP THE RULES OF MEASUREMENT.

HOW ARE SIGNS MEASURED FOR AREA AND HEIGHT FOR BOTH BUILDING-MOUNTED SIGNS AND FREESTANDING SIGNS? AND NOTICE THAT WE'RE INCLUDING AS EXAMPLES SOME OF THE ILLUSTRATIONS THAT WE'VE INCLUDED THE CODE.

WE FIND THAT ILLUSTRATIONS ARE VERY, VERY HELPFUL IN HELPING PEOPLE TO UNDERSTAND THE SIGN STANDARDS AND HOW THEY WORK.

THE SIGN ILLUMINATION SECTION IS SIGNIFICANTLY UPDATED FROM WHAT YOU HAVE TODAY AND PROVIDE DETAILED STANDARDS FOR INTERNAL ILLUMINATION, EXTERNAL ILLUMINATION OF THE SIGN, FOR NEON SIGNS IN TERN APPLICATIONS, FOR THE UBIQUITOUS SINGLE COLOR OR TWO-COLOR LED SIGNS, AND THEN ELECTRONIC MESSAGE SIGNS.

AND THEN WITHIN THIS 6 WE ALSO HAVE STANDARDS FOR SIGN STRUCTURE AND INSTALLATION.

THIS TIES INTO YOUR BUILDING CODE REQUIREMENTS AND ALSO FOR SIGN MAINTENANCE, WHICH IS ALWAYS A BIG DEAL.

WE WANT TO MAKE SURE THAT SIGNS ARE MAINTAINED IN A SATISFACTORY CONDITION.

SO THE HEART OF THE STANDARDS FOR THE PERMANENT SIGNS ARE A SERIES OF TABLES.

THIS TABLE SHOWS WHAT SIGNS ARE ALLOWED BY THE NEW ZONING DISTRICT'S PROPOSED IN THE NEW ZONING CODE.

SO IN ONE SIMPLE LOCATION, ANY MEMBER OF THE PUBLIC OR SIGN CONTRACT OR A NEW BUSINESS OWNER CAN SEE EXACTLY WHAT ZONE THEY'RE IN AND WHAT SIGNS ARE ALLOWED FOR THAT ZONE.

THE NEXT SET OF TABLE PROVIDE ALL THE DETAILED STANDARDS FOR DIFFERENT USES WITHIN DIFFERENT ZONES.

SO IF YOU LOOK CAREFULLY HERE, YOU'LL SEE THESE ARE THE SINGLE-FAMILY RESIDENTIAL USES THAT ARE ALLOWED WITHIN RESIDENTIAL AND MIXED USE ZONES, AND FOR BUILDING-MOUNTED SIGNS AND FREESTANDING SIGNS YOU'VE GOT YOUR AREA, YOUR HEIGHT, NUMBER OF SIGNS, HOW THEY MAY BE ILLUMINATED AND SO ON.

AND THERE'S ACTUALLY A NUMBER OF PAGES OF THESE STANDARDS COVERING THE COMMERCIAL ZONES, INDUSTRIAL ZONES AND SO ON.

[02:10:02]

AND AFTER THAT COME THE SPECIFIC STANDARDS FOR INDIVIDUAL SIGN TYPES.

IN THIS EXAMPLE WE HAVE THE STANDARDS FOR AN AWNING SIGN.

SO HERE YOU CAN SEE THE AMOUNT OF SIGN AREA THAT'S ALLOWED ON THE INDIVIDUAL AWNING.

THE SIGN HEIGHT, WITH AWNING PROVISIONS FOR HOW HIGH IT SHOULD BE OFF THE SIDEWALK, THE HEIGHT OF THE VALANCE, THE SEPARATION FROM THE SIDEWALK AND SO ON.

SO EACH OF THE INDIVIDUAL SIGN TYPES IS PRESENTED IN THIS WAY WITH THE SIMPLE TABLE AND THE SIMPLE GRAPHIC PROVIDING THE DETAILS BUT IN A VERY USER FRIENDLY WAY.

WE DID THAT ALSO FOR THE FREESTANDING SIGNS.

MONUMENT SIGNS ARE VERY TYPICAL IN INDIO.

SO HERE'S AN EXAMPLE OF THE STANDARDS FOR A MONUMENT SIGN WHICH WE ALSO TOOK A STEP FURTHER BECAUSE IN CERTAIN SITUATIONS IN THE CITY, TALLER MONUMENT SIGNS ARE APPROPRIATE, ALONG I10, FOR EXAMPLE OR ALONG YOUR MAJOR CORRIDORS, SO WE STARTED TO THINK ABOUT WHAT DIFFERENT STANDARDS WOULD BE APPLIED, AND YOU GO BACK TO THAT TABLE I SHOWED YOU BEFORE TO SEE SPECIFIC STANDARDS FOR PARCELS LESS THAN OR GREATER THAN 20 ACRES.

WE UPDATED OUR GENERAL SIGN DESIGN STANDARDS.

THIS IS BASED ON WORK WE HAVE DONE IN OTHER COMMUNITIES.

WE SHARED IT WITH STAFF AND THEY AGREED THAT THIS WOULD BE APPROPRIATE IN INDIO.

AND THE IDEA IS TO PROVIDE VERY SIMPLE BUT VERY CLEAR STANDARDS FOR HOW SIGNS CAN BE DESIGNED TO MOST EFFECTIVELY CONVEY THEIR MESSAGE, AND THIS IS REALLY IMPORTANT BECAUSE SO OFTEN, YOU KNOW, SIGN COMPANIES GET CREATIVE BUT THE SIGN CHALLENGES ITSELF GETS LOST, SO IT'S IMPORTANT TO REALLY THINK ABOUT DESIGN STANDARDS FOR SIGNS.

WE ALSO TOOK THIS ONE STEP FURTHER BY ADDING SIGN DESIGN PERFORMANCE STANDARDS.

SO THIS IS VOLUNTARY.

ANY BUSINESS OWNER CAN TALK WITH THE CITY AND APPLY THIS PROPOSED SECTION OF THE CODE, AND IF THEY PROVIDE RAISED LETTER SIGNS OR REALLY COOL SIGN STRUCTURE MATERIALS, WHICH ARE DESCRIBED IN THE CODE, IF THE SIGN BLENDS WITH THE DEVELOPMENT SITE, AS YOU SEE DOWN HERE, OR HAS REALLY INTERESTING SIMPLIFIED LETTERS AND/OR LOGO COPY, THE IDEA IS THAT IF YOU MEET ANY OF THESE CRITERIA, THEN YOU CAN INCREASE THE HEIGHT OF THE FREESTANDING OR BUILDING-MOUNTED SIGN OR INCREASE THE AREA OF THAT SIGN, SO THE TRADEOFF IS YOU GET A SLIGHTLY BIGGER SIGN, BUT THE BUSINESS OWNER IS SPENDING MORE MONEY TO MAKE A MORE ATTRACTIVE SIGN.

WE HAVE APPLIED THESE STANDARDS IN OTHER COMMUNITIES.

IT'S WORKED VERY, VERY WELL.

ONE THING, JUST TO REEMPHASIZE, THIS IS VOLUNTARY.

IT'S NOT A REQUIREMENT.

IT'S UP TO THE INDIVIDUAL BUSINESS OWNER TO DO THIS AND GO ABOVE AND BEYOND THE BASIC SIGN STANDARDS IF THEY CHOOSE TO.

THEN WE COME TO THE TEMPORARY SIGNS AND THIS IS REALLY WHERE THIS GREATEST CHANGES HAVE OCCURRED BECAUSE AS WE NOTED BEFORE, ANY CONTENT-BASED SIGN REGULATIONS FOR EXAMPLE, CONSTRUCTION SIGNS, REAL ESTATE SIGNS, POLITICAL SIGNS AND SO ON, THAT IS GONE AWAY.

AND WE'VE STRUCTURED THIS CODE FOR TEMPORARY SIGNS BASED ON A VERY SIMPLE GENERAL TO ALL SECTION THAT APPLIES STANDARDS THAT APPLY TO ALL TEMPORARY SIGNS.

AGAIN, THE ONLY TYPE OF TEMPORARY SIGN THAT REQUIRES A PERMIT IS A BANNER SIGN.

AND LET ME EXPLAIN WHY.

A BANNER TYPICALLY 32 SQUARE FEET, 45 SQUARE FEET, WHATEVER IT IS, IS ATTACHED TO A BUILDING, IT'S APPROVED FOR IN THIS CASE 45 DAYS AT A TIME, AND SO IT BECOMES A DE FACTO WALL SIGN, AND SO BY REQUIRING A PERMIT, IT ALLOWS THE CITY STAFF THE OPPORTUNITY OF KNOWING WHEN THE STEIN WENT UP AND WHEN 45 DAYS PASSED PASSES AND WHEN THE SIGN SHOULD COME DOWN.

BUT ALL OTHER TEMPORARY SIGN TYPES, WHETHER IT'S AN A-FRAME SIGN, A YARD SIGN AND SO ON, THAT WOULD BE USED BY POLITICIANS, FORE LOCAL ADVERTISING, BY REAL ESTATE AGENTS AND SO ON, NONE OF THOSE SIGNS WOULD REQUIRE A PERMIT.

AS WE DID WITH THE PERMANENT SIGNS, WE'VE GOT SIMPLE TABLES THAT PROVIDE STANDARDS BASED ON ZONES FOR HOW MUCH SIGN AREA IS ALLOWED ON ANY ONE PARCEL AT ANY ONE TIME, AND SO THE IDEA IS THAT IF YOU'RE IN A RESIDENTIAL ZONE, YOU'VE GOT 16 SQUARE FEET OF ALLOWED SIGNAGE.

NO LIMITATION ON THE NUMBER OF SIGNS.

WHY DO WE DO THAT? IT'S TO PROVIDE FLEXIBILITY SO THAT ANY PERSON CAN PUT OUT EITHER AN A-FRAME SIGN,

[02:15:01]

AS IN THIS EXAMPLE, OR ANY ONE OF THESE DIFFERENT YARD SIGNS, AND PROVIDE DIFFERENT TYPES MESSAGES BECAUSE THE YARD TINE SIGN MIGHT BE FOR, THE OUTSIDE TYPE 2 LOOKS MORE LOOK A REAL ESTATE SIGN, SO IT ALLOWS DIFFERENT MESSAGES TO BE CONVEYED WITHOUT SIGHING THE SIGN TYPE TO THAT INDIVIDUAL MESSAGE.

FINALLY, WE TENT A LONG TIME TALKING WITH STAFF TO TO YOU LOU ALLOW FOR ACTUAL TEMPORARY MODEL HOME ACTIVE RESIDENTIAL SUBDIVISION SIGNS.

THIS IS A TECHNIQUE THAT'S BEEN USED BY A NUMBER OF ARIZONA COMMUNITIES WHERE I LIVE.

IT'S ALSO BEEN NUDES A NUMBER OF CALIFORNIA COMMUNITIES.

SO THE IDEA IS TO ALLOW FOR THOSE TEMPORARY MODEL HOMES TO ADVERTISE UNDER THEIR OWN SPECIAL SET OF REGULATIONS.

AND THEN FINALLY WE ADDED PROVISIONS FOR SIGN WALKERS.

GOT TO HAVE A LITTLE BIT OF A LAUGH.

I JUST LOVE THE PICTURE OF THIS GUY OUT IN THE RAIN DOING HIS JOB ADVERTISING FOR A CAR WASH.

FINALLY WE GET TO NON-CONFORMING SIGNS WHERE THERE IS AN EXTENDED AMOUNT OF NEW CONTENT.

THE PURPOSE HERE, WE SPENT A LOT OF TIME TALKING WITH KEVIN ABOUT THIS, IS TO FIND A BALANCE BETWEEN THE NEED FOR ALLOWING A BUSINESS THAT'S GOT AN NON-CONFORMING SIGN TO MAINTAIN THAT SIGN, BUT WHEN THERE'S AN OPPORTUNITY TO REMOVE OR REPLACE THE SIGN, TO PROVIDE A MECHANISM FOR IT.

WE INCLUDED INCENTIVES FOR THE REPLACEMENT OF NON-CONFORMING FREESTANDING SIGNS.

THIS IS SOMETHING I PUT INTO THE CODE IN ROUTE 66 CITIES YEARS AGO, AND IT'S ALLOWED FOR THE REPLACEMENT OF NON-CONFORMING SIGNS WITH SLIGHTLY DIFFERENT FREESTANDING SIGNS.

AND, THEN, FINALLY AN IMPORTANT WHAT IS IS THE MOD FIRSTCATION OF NON-CONFORMING SIGNS.

IN THE SIGN INVENTORY THIS IS TRYING TO ELIMINATE AS MANY BILLBOARDS AS POSSIBLE WITHINTY COMMUNITY.

THE SIGN PERMITS AND PROCEDURES SECTIONS WAS A MENTIONED EARLIER, IS LOCATED IN CHAPTER 6.04, AND AGAIN IT'S VERY SIMPLE.

PROCEDURES FOR PERMANENT SIGNS, THE PROCEDURES FOR THE TEMPORARY BANNER SIGNS, NO OTHER TEMPORARY SIGNS REQUIRE A PERMIT, AND THEN THE MASTER SIGN PLAN APPROVED BY THE DIRECTOR WHICH ALLOWS FOR SOME CREATIVITY AND FLEXIBILITY FOR LARGER MASTER PLAN TYPE PROJECTS.

AND THEN WRAPPING UP NOW, THE ENFORCEMENT SECTION IS IN CHAPTER 6.05, SLIGHTLY UPDATED STANDARDS FOR THE ENFORCEMENT OF THE CODE.

AND THEN THE DEFINITIONS ARE ALL INCLUDED.

IN CHAPTER 7.02 AND THESE WILL BE IN THEIR OWN SECTION WITHIN THE DEFINITIONS CHAPTER, AND THE SIGNS WILL ALL BE ORGANIZED IN SUCH A WAY THAT THEY'RE EASY TO FIND ALPHABETICALLY, SIGN BANNER, SIGN PROJECTION AND SO ON.

WITH AND THAT, MR. CHAIRMAN, IT'S BEEN A PLEASURE PRESENTING THE SIGN CODE TO YOU.

I KNOW IT'S GETTING LATE BUT WE WELCOME ANY QUESTIONS AND DISCUSSION FROM THE PLANNING COMMISSION.

>> THANK YOU FOR THAT PRESENTATION.

I DON'T HAVE ANY COMMENTS AT THE MOMENT.

ANY COMMISSIONERS HAVE COMMENTS OR QUESTIONS FOR ROGER?

>> I DO.

>> PLEASE.

>> THANK YOU.

A COUPLE OF THINGS.

I KNOW THIS IS VERY PRELIMINARY AND YOU KIND OF WENT THROUGH IT REALLY FAST.

IT'S LATE.

YES, WE ARE ALL TIRED.

BUT THIS SIGN ORDINANCE IS SOMETHING WE HAVE BEEN DISCUSSING FOREVER, AND IT'S EXTREMELY IMPORTANT TO NOT ONLY -- THE CITY TODAY BUT LITERALLY TEN, 20, THE 30 YEARS DOWN TO ROAD WHAT OUR CITY IS GOING TO LOOK LIKE, SO THERE IS WITH A SECTION WHEN YOU TALKED ABOUT THOSE TEMPORARY SIGNS LIKE THE YARD SIGNS FOR SALE AND THE POLITICAL SIGNS AND ALL THOSE TEMPORARY SIGNS THAT WILL NO LONGER REQUIRE A PERMIT, WHICH I UNDERSTAND THAT, BUT EXPLAIN TO ME, IF I MISSED IT MAYBE, IS THERE LIKE A TIME FRAME THAT THESE SIGNS CANNOT BE UP FOR MORE THAN A POLITICAL SIGN YOU KNOW ONCE THE ELECTION'S OVER, SO MANY DAYS BEFORE, SO MANY DAYS AFTER, AND THE SIGN MUST BE REMOVED OR, YOU KNOW, HOW DO THESE TEMPORARY SIGNS NOT BECOME PERMANENT SIGNS?

>> COMMISSIONERS, THAT'S A REALLY, REALLY GOOD QUESTION, AND THAT'S ONE OF THE BIGGEST CHALLENGES THAT CITIES AND TOWNS ARE DEALING WITH WHEN IT COMES TO PROVIDING THESE CONTENT NEUTRAL REGULATIONS.

AS I MENTIONED IN PASSING EARLIER, I LIVE AND WORK IN ARIZONA, AND THE ARIZONA LEGISLATURE APPROVED A LEGISLATION THAT SAID.

THAT POLITICAL SIGNS HAVE VERY SPECIFIC TIME FRAMES IN WHICH THEY MAY BE PLACED

[02:20:07]

BEFORE AN ELECTION AND SO MANY DAYS AFTER AN ELECTION, WHETHER IT'S PRIMARY OR A OR GENERAL OR SO ON.

WHAT WE DO IS POINT TO ARIZONA SECTION AND THAT TAKES US RIGHT OFF THE HOOK FOR POLITICAL SIGNS.

THE OTHER TECHNIQUE THAT CAN BE DONE IS THE CITY CLERK'S OFFICE CAN PROVIDE A PACKET TO ANY COUNCIL CANDIDATE, FOR EXAMPLE, AND WITHIN THE PACKET SAY THAT, THESE ARE YOUR RULES FOR WHEN YOU CAN PUT OUT YOUR SIGNS EITHER BEFORE AN ELECTION AND AFTERWARDS.

THE GOAL IS REALLY NOT TO SAY YOU HAVE A POLITICAL SIGN TYPE, AND IT CAN ONLY BE OUT FOR 45 DAYS BEFORE AND FIVE DAYS AFTER, WHATEVER THE NUMBERS ARE.

YOU JUST CAN'T MAKE THAT DISTINCTION ANY MORE BECAUSE IF THIS SAME SIGN TYPE SO IT FOR A LANDSCAPER, YOU CAN'T SAY THE POLITICAL SIGN IS REGULATED FOR 45 DAYS BUT THE LANDSCAPER CAN BE OUT FOR 100 OR OTHERWISE.

YOU JUST CAN'T DO THAT.

YOU HAVE TO TREAT THEM ALL THE SAME.

THE ONE THING THAT THE CODE DOES DO IS PROHIBIT THESE SIGNS IN PUBLIC RIGHT-OF-WAY.

THAT'S A BIG STEP.

SO THEY HAVE TO BE PLACED ON PRIVATE PROPERTY.

AND SO AFTER THE ELECTION, THERE'S MUCH BETTER CHANCE THAN THAT THE SIGNS WILL BE REMOVED BY PROPERTY OWNER IF THE CANDIDATE HASN'T.

BUT THIS IS DEFINITELY ONE OF THOSE AREAS THAT'S TRICKY WHEN IT COMES TO TEMPORARY SIGNS.

>> SO FOR ME IT'S NOT JUST POLITICAL SIGNS.

SAY THAT SOMEBODY PUTS UP A YARD SALE SIGN AND JUST NEVER REMOVES IT.

SO NOW IT'S A NUISANCE TO THE REST OF THE COMMUNITY.

RIGHT? SO I MEAN, I PERSONALLY WOULD LOVE TO SEE SOME TYPE OF END POINT.

REGARDLESS OF WHAT THE SIGN SAYS, YOU SHOULD NOT BE ABLE TO HAVE A TEMPORARY SIGN BECOME A PERMANENT SIGN EVEN ON YOUR PRIVATE PROPERTY UNLESS YOU LIVE IS 20 ACRES AND NO ONE CAN SEE YOU AND YOUR SIGN DOESN'T IMPACT ANYBODY ELSE.

I MEAN, WE ALL APPRECIATE PEOPLE GETTING ANGRY AND THEY PUT PEOPLE UP ON THEIR YARD LITERALLY TO BOTHER THE PERSON NEXT DOOR.

I DON'T CARE WHAT THE ARGUMENT IS BUT IT CAN GET UGLY AND IT JUST DOESN'T IMPACT THE NEIGHBORS THAT ARE HAVING THE DISAGREEMENT.

IT IMPACTS ALL THE PEOPLE THAT DRIVE BY THERE, THAT MIGHT LIVE ON THE BLOCK, THE KIDS THAT RIDE THEIR BIKES.

IT JUST SEEMS THAT -- I MEAN, THIS IS SOMETHING THAT I WOULD BE VERY CONCERNED ABOUT, THAT THERE IS NO MECHANISM TO SAY ENOUGH, AND AGAIN, I DON'T CARE WHAT SIGN SAYS, I JUST DON'T THINK THAT THEY SHOULD BE ALLOWED IN PERPETUITY.

>> SORRY.

GO AHEAD.

>> ANYWAY, THAT WAS MY BIG ONE THAT I WAS WAITING FOUR TO TELL ME WHAT THE TRIGGER WAS TO SAY 30 DAYS, 45 DAYS, I DON'T CARE WHATEVER THE NUMBER IS BUT THERE DOESN'T SEEM TO BE ANY, AND MAYBE THAT'S SOMETHING WE NEED TO DISCUSS AND WHO KNOWS BUT I REALLY WANTED TO POINT THAT OUT.

SO THAT'S JUST SOMETHING FOR NEXT STEPS UNLESS KEVIN HAS NOTHING TO ADD.

>> THE ONLY THING I WANT TO ADD IS WE CAN CERTAINLY EX EXPLORE WITH THIS OUR LEGAL COUNCIL BUT I THINK ROGER DID A GOOD JOB OF HIGHLIGHTING THE UNFORTUNATE LEGAL LIMITATIONS.

GILBERT WAS IN THE PLANNING REGULATORY WORLD, GILBERT WAS THE -- IT WAS LIKE THE TITANIC THAT DIDN'T SINK.

IT WAS A HUGE TURNING POINT IN SIGNING REGULATIONS.

IT CREATED A WHOLE NEW WORLD AND IT REALLY PUT CITIES BLUNTLY AT DISADVANTAGE IN SIGN REGULATIONS.

SO WE CAN CERTAINLY EXPLORE THE OPPORTUNITY TO SEE IF THERE'S ANY TALENT.

FROM THE CITY ATTORNEY STANDPOINT TO ADD ANY TIME FRAMES.

IT WOULDN'T SURPRISE ME IF THEY COME BACK AND SAY WHAT ROGER SAID, BUT WE CAN EXPLORE THAT WITH THEM FURTHER, AND WE HAVE BEEN TALKING TO THEM.

THIS IS ONE OF THOSE ISSUE AREAS WHERE WE HAVE A LIST OF ISSUE AREAS THAT WE NEED TO GO THROUGH WITH THE CITY ATTORNEY THAT WE WILL CONTINUE TO GO THROUGH, AND SO THIS PRESENTATION TONIGHT WAS TO HIGHLIGHT ISSUES OR CONCERNS THAT YOU MIGHT HAVE.

THIS IS A FAIR CONCERN, COMMISSIONER.

BUT GILBERT IS HONESTLY, I'LL JUST SAY IT HOW I FEEL, IT WAS AN OVERREACH IN THE COURT SETTING INTO THE POLICE POWERS OF CITIES, IN MY OPINION, BUT IT IS WHAT IT IS.

IT'S THE LAW OF THE LAND.

>> OKAY.

I JUST WANTED TO MAKE SURE I WASN'T MISSING SOMETHING.

>> IT'S A GOOD QUESTION.

WE'LL CIRCLE BACK TO WHAT STARCH AND ROXANNE AND TALK A LITTLE BIT MORE ABOUT IT

[02:25:01]

OFFLINE AND SEE IF THERE'S ANY WIGGLE ROOM, BUT I'M NOT GOING TO BE SURPRISED IF IT'S VERY LIMITED, IF NOT AT ALL PRESENT.

>> OKAY.

WELL, IT DOESN'T HURT TO ASK, RIGHT? THE OTHER ONE THAT CAUGHT MY ATTENTION WHICH WE'VE BEEN TALKING ABOUT AGAIN FOREVER IS THE LARGE I GUESS PYLON SIGNS THAT ARE ALONG THE FREEWAYS, SO YOU KIND OF BRIEFLY TOUCHED ON THAT, AND THAT HAS BEEN A HUGE CONCERN OF OURS.

WE DON'T, AS FAR AS I CAN SEE, IS THE CITY COUNCIL AND THE PLANNING COMMISSION DOES NOT WANT TO SEE TONS OF THESE LARGE SIGNS, YOU KNOW, ALONG OUR I-10 CORRIDOR.

SO CAN YOU GIVE ME A LITTLE MORE INFORMATION ON WHAT THE REGULATIONS THAT YOU'RE CURRENTLY LOOKING AT FOR THOSE LARGE PILE ON SIGNS.

>> ROGER, BEFORE YOU JUMP INTO THAT JUST A REAL FAST COMMENT FROM ME IF I COULD.

COMMISSIONER WOO WE TOOK THAT INTO ACCOUNT, THESE CONVERSATIONS OCCURRED FREQUENTLY OVER MY SHORT TENURE WITH THE CITY, AND SO WHEN WE WERE WORKING WITH ROGER AND SIMRAN AND OTHER MEMBERS OF THE TEAM, WE ACTUALLY WENT THROUGH AN EXTENSIVE CONVERSATION ON THIS.

ROGER CAN PROVIDE YOU THE DETAILS.

BUT WE HEARD AND WE LISTENED.

SO HOPEFULLY YOU WILL AGREE WITH WHAT THEY'RE PROPOSING AND IF NOT YOU CAN TELL US, YOU AND THE REST OF THE COMMISSION CAN TELL US WHAT THINK IS A BETTER APPROACH.

ROGER, MAYBE YOU CAN GET INTO THE DETAIL.

>> YES, THANK YOU, KEVIN.

I'M JUST BRINGING THIS UP HERE.

HOPEFULLY THIS IS CLEAR ENOUGH FOR YOU ALL TO SEE.

>> YEP.

>> I ZOOMED INTO THAT TABLE I REFERENCED.

AND I'M BRINGING UP THE RIGHT SECTION.

IT'S COMING UP RIGHT HERE.

AS KEVIN SAID, THIS WAS SUBSTANTIAL DISCUSSION BETWEEN US ON WHAT TO DO WITH THE PARCELS FRONTING ON INTERSTATE 10, AND AFTER SOME DISCUSSION, WE CAME TO AN AGREEMENT, AND, YOU KNOW, THIS IS WHERE THE BEAUTY -- I'VE BEEN DOING GOVERNMENT PLANNING FOR 30 YEARS -- THIS IS THE BEAUTY OF THIS PUBLIC PROCESS.

CONSULTANTS AND STAFF CAN MAKE A RECOMMENDATION, AND THEN IT'S UP TO THE COMMUNITY TO WEIGH IN.

SO WE'RE SUGGESTING ON THE VERY LARGE COMMERCIAL PARCELS THAT ARE FREEWAY-ORIENTED, YOU WOULD ALLOW FOR A MAXIMUM SIGN AREA OF 500 SQUARE FEET, MAXIMUM SIGN HITE OF 55 FEET AND THESE NEED TO BE LOCATED A MINIMUM OF 500 FEET FROM ANY OTHER FREESTANDING FREEWAY-ORIENTED SIGN.

AND FOR PARCELS LESS THAN 20 ACRES ON INTERSTATE 10, THE SIGN AREA IS NOW 300 SQUARE FEET BE WITH MAXIMUM HEIGHT 40 FEET, AND THE SIGNS ARE 400 FEET APART.

SO THAT WAS OUR BEST RECOMMENDATION AT THIS POINT AND, OF COURSE, LOVE TO HEAR FROM YOU AND OTHER COMMISSIONERS AND ULTIMATELY THE COUNCIL.

>> IF I COULD ADD REAL FAST, ONE THING YOU MAY REMEMBER FROM PREVIOUS DISCUSSIONS, COMMISSIONER FRANZ AND OTHER MEMBERS OF THE COMMISSION WHO WERE PRESENT AT THE TIME, UNDER THE CURRENT SIGN CODE A DEVELOPER WITH A LARGE OR PROPERTY EASTERN WITH A LARGE AMOUNT COULD HAVE MULTIPLE PYLON SIGNS ANYWHERE FROM THREE TO FOUR BECAUSE OF THE WAY THE CURRENT REGULATIONS ARE WRITTEN.

KNOWING THAT THAT I WAS CONCERN THAT WE'VE TALKED ABOUT IN THE PAST, WE REALLY WORKED WITH ROGER AND HIS TEAM TO KIND OF ISOLATE THE NUMBER AND THEN ALSO TRY TO DIFFERENTIATE BETWEEN LARGER FRONTAGES AND SMALLER FRONTAGES IN TERMS OF THE SIZE OF THE SIGN.

BUT WHETHER OR NOT THE COMMISSION AGREES WITH YOU WITH US, THE GOAL OF LIMITING THE NUMBER OF SIGNS, AS YOU MENTIONED, COMMISSIONER FRANZ, THAT WAS PARAMOUNT IN MY DISCUSSIONS WITH ROGER AND THE TEAM BECAUSE YOU AND THE REST OF THE COMMISSIONERS HAVE MADE THAT POINT ABUNDANTLY CLEAR.

>> SO CAN YOU -- YOU KNOW, I'M NOT A PLANNER SO I DON'T SEE THINGS THE WAY YOU GUYS DO WITH MEASUREMENTS AND HEIGHTS AND THINGS.

SO THE WALMART, THE BIG WALMART THE ON IN ORDER TO SIDE OR ONE OF THOSE BIG DEVELOPMENTS, HOW TALL ARE THOSE, THOSE BIG SIGNS THAT ARE OUT THERE? ARE THEY SITTING AROUND THESE 55 FEET, 400 SQUARE FEET? IS IF THERE'S A SIGN OUT THERE THAT YOU CAN TELL ME THIS SIGN IS ABOUT THIS SIZE, THAT WOULD BE HELPFUL FOR ME TO REALLY VISUALIZE WHAT THIS MEANS.

>> SO THE PALMS SHOPPING CENTER SIGN BECAUSE WE'VE TALKED ABOUT THAT IN THE PAST, THAT IS CURRENTLY 70 FEET.

YOU MAY REMEMBER BACK IN THE DAY THEY CAME IN WITH PROPOSALS TO ADD TWO MORE SIGNS, ONE AT 70 AND WANT YOU 80.

SO TO GIVE YOU CONTEXT, THAT SIGN THAT'S THE PALMS SHOPPING CENTER THAT IS IN FRONT OF THE WALMART ALONG I-10, THAT'S 15 FEET TALLER THAN THIS MAXIMUM THAT WOULD BE ALLOWED.

AND THE SIGN FACE AREA I BELIEVE, I WANT TO SAY IT'S SOMEWHERE IN THE RANGE OF 600 TO 700 SQUARE FEET.

IT'S LARGE.

>> SO AN OVERALL, WE HAVE REDUCED THE SIZE OF THESE SIGNS AND DEFINITELY REDUCED THE NUMBER OF THESE SIGNS THAT CAN BE PLACED ON ANY PARTICULAR PROPERTY FOR DEVELOPMENT.

CAN I SAY THANK YOU?

[02:30:01]

THAT'S AWESOME.

THAT'S GREAT.

SO THAT WAS A BIG ONE FOR ME.

THE ONLY OTHER QUESTION I HAD, AND I DON'T REMEMBER HEARING ABOUT THIS, IS WE TALKED ABOUT, AND I WROTE IT DOWN BECAUSE I WANT TO REMEMBER WHAT THEY'RE CALLED, SIGNS THAT HAVE LIKE -- I THINK YOU MENTIONED THE ELECTRICAL -- ELECTRONIC MESSAGES, SO THOSE BOARDS WHERE THE IMAGE CHANGES.

SO I'D LIKE TO SEE A LITTLE MORE DETAIL ON WHAT THE RULES WOULD BE AROUND THOSE.

>> LET ME FIND THE RIGHT PAGE, IF YOU WOULD.

SO YOU'LL FIND IT PAGE 11 OF YOUR CODE.

AND THESE ARE THE ELECTRONIC MESSAGE SIGNS, SO WE HAVE PROVIDED, AND THIS IS ALL BASED ON BEST PRACTICES AND OUR WORK WITH INTERNAL INTERNATIONAL SIGN ASSOCIATION.

THE KEY THING REALLY IS THAT MESSAGES CANNOT CHANGE MORE FREQUENTLY THAN 15 SECOND.

SO THAT AS YOU ARE DRIVING BY YOU'LL SEE REALLY ONE MESSAGE WITHIN THAT 15 SECOND PERIOD.

ANYTHING SHORTER THAN THAT STARTS TO GET INTO PROBLEMS WITH DISTRACTION TO DRIVERS, AS I'M SURE WE'VE ALL FOUND, AND ANYTHING LONGER THAN THAT STARTS TO BECOME LESS EFFECTIVE TO THE PERSON WHO IS RUNNING THE SIGN.

ONE OF THE OTHER ISSUES THE NIGHTTIME BRIGHTNESS SO WE'VE GOT STANDARDS HERE FOR AUTOMATIC CONTROL.

WE'RE USING PHOTO CELL TECHNOLOGY SO THAT THE BRIGHTNESS OF THE SIGN CHANGES FROM DAY AND NIGHT TO A MAXIMUM OF 100 NITS.

NITS IS A MEASURE OF BRIGHTNESS FOR ELECTRONIC MESSAGE SIGNS.

ONE OF THE THINGS THAT'S ALSO REY IMPORTANT IS TO ENSURE YOU HAVE A MANUFACTURER'S CERTIFICATION TO ENSURE THAT THE SIGN DOESN'T EXCEED THE 100 NITS, AND SO THAT REALLY PUTS THE RESPONSIBILITY ON THE MANUFACTURER TO ENSURE THAT THAT OCCURS.

>> THAT'S GREAT.

THANK YOU.

>> YOU'RE WELCOME.

>> >> THANK YOU.

ANY OTHER COMMISSIONER COMMENTS OR QUESTIONS FOR MR. EASTMAN?

>> THIS IS THE QUESTION.

I WOULD JUST NOTE FOR THE COMMISSION THAT WE GAVE YOU THIS EVENING AS A OVERVIEW.

WE HOPE THAT YOU WILL SPEND MORE TIME LOOKING AT IT IN GREATER DETAIL AND IF YOU HAVE FOLLOW-UP QUESTIONS OR CONCERNS YOU CAN SEND THEM TO ME AND I WILL MAKE SURE ROGER AND SIMRAN AND THE TEAM GET THEM.

WE PLAN TO PROVIDE YOU IN SECTIONS FOR DIGESTIBLE CONVERSATION, SO YOU'LL HAVE THE OPPORTUNITY TO REVIEW THESE AT YOUR LEISURE AND ALSO AS PART OF CONVERSATIONS LIKE THIS, BUT WE ARE HOPEFUL THAT YOU WILL HIGHLIGHT ANY CONCERNS AND THEN ULTIMATELY WHEN WE GET TO THE FORMAL CONSIDERATION PROCESS, WE WILL HAVE VETTED THOSE SO THAT YOU ARE COMFORT WITH WHAT'S BEING PRESENTED TO YOU.

>> SO IF MAYBE ONE OF THE COMMISSIONERS HAD A QUESTION AND SENT IT TO YOU, WOULD THE OTHER COMMISSIONERS BE ABLE TO RECEIVE THAT BACK TO THEM, THEIR QUESTION AND ANY RESPONSE?

>> YES, CHAIR.

WHAT I WOULD DO IS I BO PROVIDE IT TO ROGER AND THE TEAM, GET TANS, AND I WOULD SHARE THEIR ANSWER WITH THE REST OF THE COMMISSION, INCLUDING THE PERSON THAT ASKED IT, AND THEN JUST AS I COMMONLY DO, ASK YOU NOT TO REPLY ALSO SO WE DON'T OF A BROWN ACT VIOLATION.

>> WONDERFUL.

>> AND IF I COULD JUST ADD TO THAT, MR. CHAIRMAN, WE ABSOLUTELY WELCOME ANY QUESTIONS FROM THE PLANNING COMMISSION.

NESS THE PROCESS.

THIS IS HOW YOU -- THIS IS THE PROCESS.

THIS IS HOW YOU ACTUALLY END UP WITH A BETTER CODE.

IT JUST DOESN'T JUST WORK FOR SIGNS.

AS SIMRAN, BE WILL BE WORKING OVER THE NEXT FIVE OR SIX WEEKS CAN ALL OF THE CODE ELEMENTS.

>> THANK YOU.

I'M SURE YOU'LL BE HEARING FROM US WITH SOME OTHER MORE QUESTIONS AND WE APPRECIATE YOUR HELP AND THANK YOU FOR THE PRESENTATION.

>> IF I CAN BRIEFLY GO -- >> PLEASE.

>> SORRY.

GO AHEAD.

>> PLEASE, THERE'S MORE PRESENTATIONS, PLEASE CONTINUE.

MY QUESTION CAN WAIT.

>> NO, I WAS ONLY GOING TO SUMMARIZE THE SCHEDULE FOR THE NEXT FEW MEETINGS IF YOU HAVE A QUESTION ABOUT THE SIGN CODE, PLEASE GO AHEAD.

I CAN WAIT.

>> OH, IT'S ACTUALLY ABOUT PROCESS.

SO PLEASE.

>> GREAT.

SO TODAY YOU LEARN ABOUT THE SIGN CODE AND WE LOOK FORWARD TO ANY ADDITIONAL COMMENTS OR QUESTIONS THAT YOU MIGHT HAVE.

STARTING IN MARCH WE WILL BE COMING TO YOU PRETTY REGULARLY, INCLUDING A

[02:35:04]

SPECIAL ME GO POTENTIALLY AT THE END OF MARCH, AND OUR NEXT MEETING WILL BE FOCUSED ON THE UPDATED ZONING MAP, AS WELL AS A FEW AMENDMENTS THAT ARE BEING PROPOSED TO THE GENERAL PLAN MAP TO BE IN COMPLIANCE WITH THE ZONING AS WELL AS TO ADDRESS SOME OF THE ISSUES THAT HAVE ARISEN BECAUSE OF STATE LEGISLATION AND I'LL REALLY GO INTO IT IN MORE DETAIL AT THE MEETING NEXT.

FOLLOWING THAT WE WILL DISCUSS THE CITYWIDE REGULATIONS AND THE ZONE REGULATIONS OVER TWO MEETINGS.

THERE'S A LOT TO DIGEST THERE.

WE THOUGHT IT WOULD BE BETTER TO SPLIT IT OVER TWO SESSIONS.

THEN IN APRIL WE WILL COME TO YOU WITH SPECIAL USES.

ROGER WILL BE LEADING THAT PORTION OF THE PRESENTATION FOR YOU.

AND SPECIAL USES INCLUDE SPECIFIC REGULATIONS FOR, FOR EXAMPLE, GAS STATION, PAWN SHOPS, ET CETERA.

AND THEN FINALLY WE WILL END THE END OF APRIL WITH A SECTION ON PERMITS AND PROCEDURES WHERE WE WILL BE ABLE TO PROVIDE YOU INPUT ON WHAT SHOULD A CAN YOU PLEASE REQUIRE, WHAT ARE VARIANCES, CUP REQUIRE, WHAT ARE VARIANCES, ET CETERA AND ALL OF THAT WORKS.

THERE ARE CERTAINLY CHANGES WE NEED TO MAKE TO THE PERMITS AND, AGAIN IN RESPONSE TO STATE LAWS.

AS THE CITY ATTORNEY MENTIONED EARLIER, THERE ARE NEW RESTRICTIONS AS TO THE NUMBER OF HEARINGS THAT CAN OCCUR FOR HOUSING PROJECTS OR MIXED USE PROJECTS THAT HAVE A SIGNIFICANT AMOUNT OF HOUSING IN THEM, SO ALL THOSE PROCEDURES ARE BEING UPDATED TO REFLECT THOSE NEW STATE LAWS.

THEN WE WILL TAKE YOUR INPUT, MAKE CHANGES AND BE THEN WE ANTICIPATE WE'LL BE BACK TO YOU FOR HEARINGS OVER THE SUMMER, MAY, JUNE, JULY, WITH THE GOAL OF HAVING ADOPTED, HOPEFULLY YOU INVITE CODE BY AUGUST OF THIS YEAR.

>> THANK YOU.

ANYTHING ELSE, KEVIN?

>> I JUST WANTED -- I THINK VICE CHAIRPERSON, DID YOU GET YOUR QUESTION ANSWERED, VICE CHAIRPERSON?

>> ACTUALLY, I ACTUALLY DIDN'T.

I WAS ACTUALLY CURIOUS AS TO LIKE THE COMMUNITY, THE WIDER COMMUNITY AND SWEATING PROCESS.

WHAT ARE WE DOING IN ORDER TO BE ABLE TO SIMPLIFY THIS PROCESS? AND I LOVE THIS ALREADY.

IT'S MAKING SO MUCH SENSE.

SO I REALLY APPRECIATE THE WORK THAT YOU'RE ALL DOING.

I'M REALLY EXCITED TO GET THIS OUT TO THE LARGER COMMUNITY FOR INPUT, SO I'M JUST CURIOUS AS TO WHAT THAT PROCESS IS GOING TO LOOK LIKE.

>> SURE.

LET ME RESPOND ON THAT.

Y IS WE ARE IN THE PROCESS OF SENDING OUT A CITY WE HAD POSTCARD MAILING TO ALL ADDRESSES IN THE CITY NOTIFYING THEM THAT THIS IS BEING WORKED ON.

UNFORTUNATELY, WE WEREN'T ABLE TO GET IT DONE BEFORE TONIGHT SO IT WILL GO OUT

[8. COMMISSIONER COMMENTS]

[02:45:41]

AFTER THIS ITEM, BUT -- SO ALL ADDRESSES, WHETHER THEY BE RESIDENTIAL OR

[02:45:43]

NON-RESIDENTIAL IN THE CITY, WILL RECEIVE THAT.

IT HOPEFULLY WILL GO OUT BEFORE THE END OF THIS WEEK.

THE PRINTER IS WORKING ON IT RIGHT NOW.

WE ARE ALSO GOING TO BE WORKING WITH OUR COMMUNICATIONS DIRECTOR TO UTILIZE SOCIAL MEDIA LIKE WE TYPICALLY DO.

THAT'S AN EFFECTIVE WAY FOR US TO GET OUT.

WE HAVE CREATED A CITY WEBSITE THAT FOLKS CAN GO TO THAT WE'RE GOING TO POPULATE WITH MORE INFORMATION.

FOR EXAMPLE, WE'LL TAKE THE POWERPOINT THAT REGION PRESENTED TONIGHT AND WE'LL UPLOAD IT ON THE CITY WEBSITE AS WELL AS ADDITIONAL INFORMATION AND WE'LL ALSO USE MY CONTACT INFORMATION IS LISTED ON THERE, SO IF AN INDIVIDUAL HAS A QUESTION OR CONCERN, WHAT IS BEING CONSIDERED FOR MY PROPERTY, THEY CAN REACH OUT TO ME DIRECTLY.

WE'VE GEARED UP.

WE DIDN'T WANT TO GET TOO EARLY IN THE PUBLIC NOTIFICATION BECAUSE WE'RE WORKING ON THE CONTENT WITH SIMRAN AND ROGER AND OTHERS BUT WE'RE NOW AT A POINT WHERE WE'RE GETTING THE RECORD ON IT AND WE'LL CONTINUE TO GET THE WORD OUT AS EFFECTIVELY AS WE CAN.

>> AND IF I CAN ALSO ADD TOO WHAT KEVIN JUST DESCRIBED, WE HAD SET UP AN ONLINE INTERACTIVE MAP FOR THE GENERAL PLAN AND THE ZONING CODE, SO FOLKS CAN GO ON THERE TO SEE WHAT THEIR CURRENT ZONING IS, WHAT THE PROPOSED ZONING WOULD BE, AS WELL AS CHANGES TO THE GENERAL PLAN, WHAT THE CURRENT GENERAL PLAN DESIGNATION IS AND IF IT IS CHANGING, THAT THAT MIGHT BE CHANGING TO.

>> YES, THANK YOU.

THAT'S KEHL TEAL A GREAT TOOL, SIMRON AND HER TEAM PUT IT TOGETHER.

IT'S VERY STRAIGHT PASSWORD AND THERE ARE INSTRUCTIONS AT THE BEGINNING ON HOW TO UTILIZE IT.

WE HOPE FOLKS WILL TAKE ADVANTAGE OF THAT.

IT'S ON THE CITY WEBSITE.

IT'S A LINK TO A WEB SAGE THAT SIM RON AND HER PUT ON THERE.

IT'S UNDER COMMUNITY DEVELOPMENT.

IT'S THE FIRST TAG UNDER THERE.

SAYS ZONING UPDATE.

AND FEEL FREE TO PLAY ABOUT THAT AND LET YOUR NEIGHBORS KNOW AND YOUR CO-WORK AND EVERYONE WHO LIVE IN THE CITY OF INDIO.

THE ONLY EXPECTATION WE HAVE OF YOU AS COMMISSIONERS IS THAT YOU GET THE WORD OUT.

>> MR. SNYDER WITH I'M INTERESTED IN WORKING WITH RESIDENT GROUPS THAT HAVE ACTIVELY BEEN IN THE COMMUNITY AND PUBLIC ENGAGEMENT, SO I'M JUST CURIOUS AS TO HOW IT'S GOING TO LOOK FOR US TO BE ABLE TO GET INPUT FROM THE LARGER COMMUNITY AND THEN HOW ARE WE DEMONSTRATING BACK TO THE COMMUNITY HOW WE'RE IMPLEMENTING THAT INPUT? THAT'S ALWAYS A CONCERN FOR ME.

WE CAN GET LOTS OF INPUT FROM THE COMMUNITY BUT HOW DO WE VALIDATE THAT ENGAGEMENT PROCESS WITH THE LARGER COMMUNITY? I'M JUST CURIOUS WHAT IS IT THAT BEE PLAN TO DO IN ORDER TO DO THAT.

>> SO WE ARE NOT INTENDING TO MAKE DIRECT REACH-OUT TO THE COMMUNITIES YOU REFERENCED, VICE CHAIRPERSON, BUT CERTAINLY IF INDIVIDUALS HAVE COMMENTS OR QUESTIONS, THOSE WILL, PRIOR TO THE PUBLIC HEARING I WILL TAKE THEM AND I WILL MAKE SURE THAT TEAM GETS THEM AND WE WILL LOOK AT THEM, AND IF THEY'RE RELEVANT AND APPROPRIATE, TAKE THEM INTO CONSIDERATION.

WE'LL MIKE SURE ALL OF THOSE ARE SHARED WITH THE COMMISSION AS WELL, AND THEN PERSONAL CERTAINLY STECK THEY CAN ADVOCATE FOR A PARTICULAR POSITION IF THEY HAVE ONE OR POSITIONS, AND THAT'S WHY WE'RE DOING TO POSTCARD MAILING, IS TO LET FOLKS KNOW THERE IS AN OPPORTUNITY TO GET INVOLVED.

I SHOULD HAVE MENTIONED THAT POSTCARD IS IN ENGLISH AND SPANISH.

SO WE HAVE DONE IT IN ENGLISH AND SPANISH.

SO HOPEFULLY MEMBERS OF OUR SPANISH-SPEAKING COMMUNITY WILL REVIEW THAT AND TAKE ADVANTAGE OF IT, AND WE HAVE SEVERAL SPANISH-SPEAKING STAFF AT CITY THAT CAN INTERACT WITH FOLKS A NEEDED.

SO WE WILL DO OUR BEST TO GET THE WORD OUT.

BUT IF YOU ARE SPEAKING ABOUT ANY PARTIES, YOU OR ANY OTHER COMMISSIONERS, PLEASE REFER THEM TO ME.

I'M HAPPY TO WORK WITH THEM, AND WE'LL FEED THAT BACK INTO THE CONSULTANT TEAM.

>> ALL RIGHT.

THANK YOU.

>> THANK YOU, KEVIN.

OKAY.

ANY OTHER COMMISSIONER COMMENTS? OR WE CAN ADJOURN AT THIS POINT.

>> CHAIR, JUST A COUPLE OF THINGS.

BEFORE ADJOURNMENT.

FIRST OF ALL, I WANT TO SAY THANK YOU TO SIM RON AND ROGER FOR THEIR PRESENTATION THIS EVENING AND THE CONVERSATION.

WE WILL BE FOLLOWING UP WITH HER, I WILL BE FOLLOWING UP WITH YOU TO CONFIRM THAT WE HAVE A QUORUM FOR THE MARCH 30TH SO THAT WE ARE ABLE TO MAKE THAT MEETING.

HOPEFULLY WE'VE GIVEN YOU ENOUGH ADVANCED NOTICE THAT YOU CAN MAKE THAT WORK FOR YOUR CALENDARS.

WE'RE TRYING TO KEEP ALL THE MEETINGS WITH OUR NORMAL MEETING SCHEDULE BUT MA THANK WAS ONE WHERE WE DO NEED A SPECIAL MEETING.

EXPECT AN EMAIL FROM ME TO FOLLOW-UP ON THAT TO CONFIRM THE QUORUM.

AND THEN NOT ON THIS TOPIC BUT BEFORE YOU DO ADJOURN AND AFTER COMMISSIONER COMMENTS, I DID HAVE ONE THING I NEEDED TO CHECK WITH THE COMMISSION ON.

>> OKAY.

ANY COMMISSIONER COMMENTS?

>> I JUST HAVE A QUESTION.

ARE WE GOING TO CONTINUE THIS FORM OF MEETING VIA ZOOM OR ARE WE EVER GOING TO GO TO A HYBRID WHERE WE WOULD BE IN PERSON AND ZOOM? I'M LOOKING AT MY CALENDAR.

OKAY?

>> OF COURSE.

THAT'S A GREAT QUESTION, AND IT WAS ONE OF THE THINGS, ACTUALLY ONE OF TWO THINGS THAT I WANTED TO SHARE.

ONE WAS A QUESTION.

THE OTHER WAS THAT.

WE WENT VIRTUAL BECAUSE OF THE COVID SURGE WITH OMICRON.

SINCE THAT HAS APPEARED TO HAVE ABATED, WE'RE GOING TO GO BACK TO IN-PERSON AND VIRTUAL HYBRID STARTING WITH THE NEXT MEETING IN MARCH, AND WE WILL CONTINUE WITH THAT UNTIL HOPEFULLY CONDITIONS WON'T CHANGE AGAIN BUT THAT'S OUR PLAN.

SO YOU AS COMMISSIONERS WILL HAVE THE OPTION TO PARTICIPATE VIRTUALLY OR IN PERSON.

WE ARE STILL ASKING FOLKS TO MASK UP IF THEY ARE NOT VACCINATED AND IN THE COUNCIL CHAMBERS.

THAT'S BEING DONE AT COUNCIL MEETINGS.

SO WE WOULD ASK MEMBERS OF THE PLANNING COMMISSION AND THE PUBLIC IF THEY'RE GOING TO ATTEND IN PERSON THAT IF THEY HAVE NOT BEEN VACCINATED THAT THEY DO WEAR A MASK, BUT IF YOU'VE BEEN VACCINATED WE ARE NOT ENFORCING A MASK MANDATE.

SO HOPEFULLY I ANSWERED THE QUESTION.

>> ON THE 30TH, WHAT TIME WOULD THAT BE? OUR USUAL TIME?

>> NORMAL TIME, 6:00 P.M.

>> THANK YOU.

>> I'D LIKE TO JUST SAY THANK YOU TO CLEMENTINA AND FOR KEEPING THIS MEETING GOING, AND JESSE AND MARIBEL, IT WAS A PLEASURE TO HEAR SOME STAFF REPORTS FROM YOU.

EXCELLENT JOB.

THANK YOU FOR ALL YOUR HARD WORK.

>> CLEMENTINA IS YOUR NEW VANESSA, NEW EVELYN, WHATEVER YOU WANT TO REFER TO, AND SHE DID AN AWESOME JOB TONIGHT.

I'M PROUD OF HER.

SO SHE'S DRINKING FROM THE FIRE HOSE RIGHT NOW AND THAT'S DOING AN AWESOME JOB.

I CONCUR AND THANK CHAIR FOR ACKNOWLEDGING THE STAFF.

I REALLY DO APPRECIATE THAT.

>> I AGREE, AND I THINK I'M JUST REALLY HAPPY TO SEE OUR TEAM GROWING BACK TO MAYBE SOME MANAGEABLE NUMBERS FOR THAT DEPARTMENT.

THANK YOU.

>> ME TOO.

CHAIR, BEFORE YOU ADJOURN IF THERE'S NOT ANY OTHER COMMISSIONER COMMENTS, I DID HAVE ONE QUESTION FOR THE COMMISSION.

>> SURE.

THE ANY OTHER COMMISSIONER COMMENTS? GO AHEAD.

>> I JUST WANTED TO SAY THAT I'M WONDERING IF THERE'S A WAY TO GET UPDATED ON THESE THINGS THAT YOU GAVE US BECAUSE THEY'RE KIND OF SLOW A LITTLE BIT, AND SO I'VE ATTEMPTED TO STREAM WITH MY PERSON LAPTOP.

NOW I'M GOING TO, I FEEL THAT I'M PROBABLY GOING TO BE HAVING TO REFERENCE THE GENERAL PLAN, AND THOSE PLANS AIR LOT MORE, PARTICULARLY DURING THE MEETINGS, TO MAKE SURE THAT I'M FOLLOWING.

JUST A REQUEST.

>> SO AGAIN, I WOULD ASK ALL COMMISSIONERS WHO WANT A HARD COPY OF DOCUMENTS TO LET ME KNOW.

THE SURFACES, I CAN'T -- I CAN TALK TO OUR I.T.

FOLKS TO SEE IF THERE'S ANYTHING WE CAN DO.

SOME OF IT MAY BE DRIVEN BY WI-FI CAPACITY AND THE STRENGTH OF THE AREA OF TOWN YOU'RE IN.

IF ANY COMMISSIONER, I I KNOW COMMISSIONER FRANZ ASKED FOR IT AND IF ANY OTHER COMMISSIONER WOULD LIKE HARD COPIES OF OUR GENERAL PLAN, OUR DOWNTOWN SPECIFIC PLAN, THOSE OF THE TWO PRIMARY DOCUMENTS THAT'S WE BROUGHT FORWARD, AND WE CAN CERTAINLY PROVIDE HARD COPIES TO ANY AND ALL OF COMMISSIONERS.

>> THANK YOU.

>> SO IF I CAN JUST ASK MY ONE QUESTION.

I SENT OUT AN EMAIL PREVIOUSLY TO THE COMMISSION REGARDING THE POTENTIAL

[02:50:01]

OPPORTUNITY TO PARTICIPATE IN A JOINT MEETING WITH COUNCIL ON MARCH 2ND REGARDING CANNABIS REGULATIONS.

I HEARD BACK FROM THE CHAIR AND FROM COMMISSIONER LOPEZ THAT MARCH 2ND MEETING WOULD BE A STUDY SESSION SO IT WOULD BEGIN AT 3:00 P.M.

YOU CAN ATTEND VIRTUALLY WHO ARE IN PERSON ALTHOUGH SEATING THE LIMITED SO IF YOU CAN ATTEND VIRTUALLY IT WOULD MAKE SEAT BE EASIER.

WE'RE GOING TO BE DOING IN IT COUNCIL CHAMBERS.

IF ANY COMMISSIONER KNOW IF THEY'RE ABLE TO ATTEND THAT IS NEXT WEDNESDAY AT 3:00 P.M.

IT WOULD BE HELPFUL TO KNOW IF ANY OTHER COMMISSIONERS ABLE TO ATTEND.

GLORIA HAS HER HAND UP.

>> IT'S FINE.

I DON'T -- VIRTUALLY OR IN PERSON BUT I CAN ATTEND.

>> OKAY.

SO -- AND VICE CHAIRPERSON RODRIGUEZ CEJA OR COMMISSIONER VALDEZ?

>> WEDNESDAY THE 2ND I AM NOT ABLE TO ATTEND THAT DAY.

>> I UNDERSTAND.

THANK YOU.

>> YEAH, CAN I PUT IT ON THE TENTATIVE LIST AND I'LL GET BACK TO YOU.

I HAVE SOMETHING BUT IT MIGHT BE SOMETHING THAT I CAN MOVE.

>> YEAH, IF YOU CAN JUST LET ME KNOW AS SOON AS POSSIBLE, MAYBE BY THE END OF THE WEEK.

>> I CAN DO IT VIRTUAL.

IF I AM ABLE TO MOVE BY PRIOR APPOINTMENT, I WOULD DO IT VIRTUAL SO YOU DO NOT HAVE TO WORRY ABOUT THE SEATING ARRANGEMENT BUT I'LL GET BACK TO YOU FOR SURE.

>> THANK YOU.

I APPRECIATE IT SO MUCH.

THE THANK YOU FOR LETTING ME KNOW, AND I SHOULD ASK, I THINK COMMISSIONER LOPEZ WAS GOING TO ATTEND IN PERSON.

COMMISSIONER FRANZ, ARE YOU IN PERSON OR VIRTUAL?

>> IF YOU HAVE SEATING, I CAN COME IN PERSON.

IF YOU DO NOT HAVE SEATING, I CAN BE VIRTUAL.

>> I WILL GET BACK TO THE THREE OF YOU THAT HAVE COMMITTED ONCE I CONFIRM THE SEATING AVAILABILITY AND I THINK WE CAN ACCOMMODATE THREE IN PERSON BUT IF WE HAVE ANY MORE THAN THAT WE HAVE TO HAVE VIRTUAL.

COMMISSIONER YSIANO, YOU WERE GOING TO BE VIRTUAL.

>> UNDETERMINED BUT I CAN BE VIRTUAL.

NOT A PROBLEM.

IT DEPENDS ON MY WORKLOAD THAT DAY IF I CAN MAKE IT TO THE CITY THAT DAY.

IF NOT I'LL BE FROM MY OFFICE.

>> I SAID CHAIRPERSON.

GETTING TIRED.

>> ALL RIGHT.

IF THERE'S NOTHING ELSE, THEN WE WILL ADJOURN TO NEXT SCHEDULED PLANNING COMMISSION DATE ON 3/9 AND ALSO HOPE TO SEE SOME OF YOU ON 3/2.

THANK YOU.

>> GOOD NIGHT.

THANK YOU, EVERYBODY.

* This transcript was compiled from uncorrected Closed Captioning.