Award contract to LandMark Consultants, Inc. for Construction Testing Se... Page 440 of 1319 Reference Number: PCB211401
10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES.
11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant’s performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed according to Kansas law.
12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other exploratory services. Client understands Consultant’s layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in the Services.
13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant’s recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and Consultant’s recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client’s intended purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant’s Services. Consultant shall not be responsible for the quality and completeness of Client’s contractor’s work or their adherence to the project documents, and Consultant’s performance of testing and observation services shall not relieve Client’s contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client’s contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost.
14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures (unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials (“Affected Materials”) at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultant’s performance of Services hereunder, or for any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance.
15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant’s property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant’s document retention policies and practices.
16. Utilities. Unless otherwise stated in the Proposal, Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant’s attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant.
17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, including Client, Client’s contractors, subcontractors, or other parties present at the site. In addition, Consultant retains the right to stop work without penalty at any time Consultant believes it is in the best interests of Consultant’s employees or subcontractors to do so in order to reduce the risk of exposure to the coronavirus. Client agrees it will respond quickly to all requests for information made by Consultant related to Consultant’s pre-task planning and risk assessment processes. Client acknowledges its responsibility for notifying Consultant of any circumstances that present a risk of exposure to the coronavirus or individuals who have tested positive for COVID-19 or are self-quarantining due to exhibiting symptoms associated with the coronavirus.
Consultant: Terracon Consultants, Inc. Client: Tilden-Coil Constructors By: Date: 11/3/2021 By: Date:
Name/Title: Brandon A Rose / Group Manager Name/Title: Marty Greenwood Address: 1355 E Cooley Dr, Ste C Address: 3612 Mission Inn Ave Colton, CA 92324-3954 Riverside, CA 92501-3363
Phone: (909) 824-7311 Fax: Phone: (951) 378-4136 Fax:
Email: [email protected] Email: [email protected]
Award contract to LandMark Consultants, Inc. for Construction Testing Se... Page 441 of 1319 City of Indio
City Council
April 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Scott Trujillo, Deputy City Manager
Subject: Approve Amendment No. 2 to the Professional Services Agreement between the City and Holt Architecture in the amount of $560,229 for the Public Safety Campus project.
RECOMMENDATION:
Approve Amendment No. 2 to the Professional Services Agreement between the City and Holt Architecture in the amount of $560,229 for the Public Safety Campus project in the form approved by the City Attorney.
SUMMARY:
This is a fee adjustment for additional scope of work as reflected by the final bid results. The initial construction budget in 2019 was set at $27,600,000 whereas Holt charged 8.94% as an overall architectural fee based on this figure. However, pursuant to the recent bid openings we now have a final construction budget of $42,642,358. Therefore, the City needs to adjust Holt's architectural fee accordingly due to the increase in scope and cost. Fortunately, Holt is willing to reduce their fee from
8.9% to 8.0%, thereby realizing instant cost savings to the City.
BACKGROUND INFORMATION:
On December 8, 2016 City staff released a Request for Proposal (RFP) to acquire a qualified consultant to provide professional architecture and engineering services to help manage, plan, and design the City of Indio Public Safety Campus. Due to the complexity of essential service facilities, the chosen consultant was expected to have experience in planning and design of this type of facility.
The consultant was required to perform a needs assessment and existing facility evaluation, prepare conceptual drawings, provide cost estimating services, and perform as-needed project management services.
After reviewing the received proposals, City of Indio staff determined that Holt Architecture met the City’s required qualifications, experience, and understanding of the work required. Holt Architecture was familiar with the inner workings of the City, as well as those of local and regional governing agencies. Holt Architecture was local to the Coachella valley, which was an added benefit to City staff in the coordination with Stakeholders during the planning phase.
Holt's original contract value was $2,800,000; with one amendment of $51,160 for the demolition of an existing fire station and surrounding site improvements for a total of $2,851,160. Therefore with this new amendment of $560,229, the grand total is $3,411,389.
AGENDA ITEM #8.15
Approve Amendment No. 2 to the Professional Services Agreement between t... Page 442 of 1319 Again, this is a fee adjustment for additional scope of work as reflected by the final bid results. The initial construction budget in 2019 was set at $27,600,000 whereas Holt charged 8.94% as an overall architectural fee based on this figure. However, pursuant to the recent bid openings we now have a final construction budget of $42,642,358. Therefore, the City needs to adjust Holt's architectural fee accordingly due to the increase in scope and cost. Fortunately, Holt is willing to reduce their fee from
8.9% to 8.0%, thereby realizing instant cost savings to the City.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$450,000 In current year budget: Yes
Current FY General
Fund Impact:
$450,000 Budget adjustment: No
Next FY Financial
Impact:
$110,229 Strategic Objective: Public Safety
Source of funds: Lease Revenue Bonds and
General Fund (Measure X)
Fund-Org-Object
Reference:
102 and Lease Revenue
Bonds
ALTERNATIVES:
Do not approve the amended agreement.
ATTACHMENTS:
Holt's Amended Agreement
Holt's 2019 Architectural Fee
Holt's Amendment 1
APPROVAL(S):
Roxanne Diaz, City Attorney Approved - 12 Apr 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 14 Apr 2022 Bryan H. Montgomery, City Manager Approved - 14 Apr 2022
Approve Amendment No. 2 to the Professional Services Agreement between t... Page 443 of 1319 Original Date: April 12, 2022
Scott Trujillo – City of Indio
Deputy City Manager
100 Civic Center Mall
Indio, CA 92201
RE: Public Safety Campus – Amendment #02
Dear Scott:
On behalf of Holt Architecture, I am pleased to provide you with this Proposal for Additional Architectural Services and a final fee adjustment for the above referenced project. The associated Fees, as outlined below, are based upon the final bid results (sum of Prime Contractors bids.)
A. Additional Services – Item 01:
1. Fee adjustment for additional Scope of Work as reflected by final bid results (sum of Prime Contractors at 8%)
B. Compensation:
Our compensation for the above Additional Services shall be a lump sum, fixed-fee, as follows:
Additional Service Item 01 $560,229
Additional Fee Total $560,229
We appreciate the opportunity to be of service to you. Please contact me with any questions regarding this proposal.
Sincerely,
HOLT ARCHITECTURE
Matt Acton, NCARB
Principal / Project Architect
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City Council
April 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Mike Washburn, Chief of Police
Subject: Ordinance No. 1776, adopting a Military Equipment Use Policy in accordance with Assembly Bill 481.
RECOMMENDATION:
Waive full reading of Ordinance No. 1776, an Ordinance of the City of Indio adopting a Military Equipment Use Policy in accordance with Assembly Bill 481, introduce the ordinance by title only and request the City Clerk to read the title.
SUMMARY:
Assembly Bill 481 (AB 481) went into law as of January 1, 2022, and added sections 7070 through 7075 to the Government Code to require any local law enforcement agency seeking to continue the use of any military equipment (as that term is defined by statute) to adopt a military equipment use policy. The military equipment use policy must be adopted by the City Council pursuant to an ordinance.
BACKGROUND INFORMATION:
Pursuant to AB 481, law enforcement agencies, including the Indio Police Department (“IPD”), are now required to first obtain approval of a military equipment use policy prior to using, acquiring or funding military equipment, as that term is defined in the statute. The policy is also required to contain a military equipment inventory. As stated above, the policy must be approved by the City Council.
Following its initial approval, IPD is further required to submit an annual military equipment report (“Report”) to the City Council for as long as the equipment listed in the policy is available for use. Also, within 30 days of submitting and publicly releasing the Report, IPD is required to hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the Report and IPD’s funding, acquisition, or use of the listed military equipment. Finally, IPD must also make the Report publicly available on its internet website for as long as the military equipment is available for use.
Accordingly, in order for IPD to continue to use military equipment acquired prior to January 1, 2022, the City must commence the City Council approval process for the military equipment policy as described by statute prior to May 1, 2022. Accordingly, a policy was drafted that also contains IPD’s current inventory of military equipment and that policy is attached as Exhibit A to Ordinance No. 1776 and is entitled Indio Police Department Policy 708 - Military Equipment (“Policy 708”). Prior to the City Council holding a public meeting concerning Policy 708, IPD is required to make available and post Policy 708 for at least 30 days on its website. IPD posted Policy 708 on its website on March 15, 2022, therefore the City is in compliance with this requirement.
AGENDA ITEM #9.1
Ordinance No. 1776, adopting a Military Equipment Use Policy in accordan... Page 450 of 1319 Overview of Military Equipment and City’s Inventory
It is important to note that “military equipment” is now a defined term under state law and it doesn’t necessarily mean that IPD acquired or purchased its equipment from the military. Nor does it mean that the equipment we have is of the type used by the military. None of the equipment listed in the inventory was obtained from the military but rather was purchased from law enforcement vendors. For example, military equipment as defined by state law includes IPD foundational equipment such as patrol rifles, and some of our less lethal tools. Rifles, for example, allow peace officers to address lethal threats from a greater distance and with greater precision.
Other items that are now considered “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs. This equipment, now deemed to be “military equipment” by AB 481, is used as a component of overall best practices for law enforcement agencies throughout the country including IPD in order to specifically reduce risk to community members. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. These tools have been tested in the field, and are used to enhance citizen safety and officer safety. The loss of these items would jeopardize the welfare of citizens and peace officers within IPD.
As required by AB 481, Policy 708 and specifically the inventory, contains the description, quantity, capabilities and purchase cost (if known) of IPD’s equipment. In addition, Policy 708 contains a description of the equipment’s purpose, its authorized use, expected lifespan, a description of the training required for the equipment, any applicable legal and procedural rules, and the fiscal impact (such as maintenance costs, etc.) of purchasing and maintaining the equipment. With respect to training, Policy 708 notes that there is certain specialized police equipment that is used only by highly trained and experienced law enforcement professionals.
The equipment on the City’s inventory list includes modernized tools and devices that have as their primary purpose, the preservation of human life. This equipment is utilized when responding to critical incidents, including high-risk apprehensions, search and rescue, and fast responses to catastrophic events. By using these tools, officers can reduce the chances of physical injury to the public and department personnel. It also allows for de-escalation techniques to be used during high-risk encounters with armed, violent suspects.
The Indio Police Department and Desert Regional SWAT operate in various jurisdictions throughout Riverside County. Likewise, other agencies also conduct routine business in the City of Indio or respond to a request for mutual aid. Policy 708 clarifies that through the Association of Riverside County Chiefs of Police and Sheriff's (ARCCOPS) mutual aid agreement, all cities within Riverside County have agreed to accept the use of each law enforcement agency's Military Equipment policy related to any enforcement action throughout Riverside County. Military equipment used by any member of this Department shall be approved for use and in accordance with this Military Equipment Policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.
Ordinance and Required Findings
AB 481 provides that the City Council may approve the military equipment use policy if the City Council determines or makes findings regarding all of the following:
Ordinance No. 1776, adopting a Military Equipment Use Policy in accordan... Page 451 of 1319
1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
2. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
3. If purchasing the equipment, the equipment is reasonably cost-effective as compared to available alternatives that can achieve the same objective of officer and civilian safety; and
4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if the prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
There is significant interest in ensuring that law enforcement continues to have access to equipment that will provide Indio police officers as many options as possible to safeguard lives, ensure safety, and protect civil liberties. Accordingly, the use of the tools identified in Policy 708 are vital to IPD’s mission and will continue to be strictly regulated through internal processes and oversight. There are no reasonable alternatives to the items listed in Policy 708 and IPD has not discovered alternative items that can achieve the same objectives of officer and civilian safety.
As for safeguarding the public’s welfare, safety, civil rights and civil liberties, Policy 708 ensures that there are safeguards, including transparency, oversight, and accountability measures in place. For example, the policy designates a “military equipment coordinator” that will ensure that sworn staff comply with Policy 708. An annual audit with the assistance of the Training Unit will be conducted. In addition, if a violation of Policy 708 occurs, IPD will correct the violation when discovered. All items which result in a use of force matter will be investigated as is already required by existing IPD policy.
In addition, the policy provides members of the public with clear instructions on how to register a question and/or complaint and all questions or complaints will be responded to in a timely manner and in most cases within 20 business days. Accordingly, Policy 708 will safeguard the public’s welfare, safety, civil rights, and civil liberties.
When purchasing equipment, IPD ensures that equipment is reasonably cost-effective against available alternatives, if any, that could achieve the same objective of officer and civilian safety. The inventory contained in Policy 708 provides specific information regarding the fiscal impact of the equipment and should the City need to purchase new equipment in the future, the cost-effectiveness of such equipment is analyzed as well as whether there is an alternative to the equipment that could achieve the same objective with regard to officer and civilian safety.
Last, AB 481 now requires the City to provide in one document a comprehensive military equipment policy along with a master inventory of military equipment (as that term is defined). Within that inventory, the policy provides information with regard to the equipment’s authorized uses and the training required for such use. Prior to the adoption of this policy, there has been in place the stated uses of the City’s military equipment along with the training required for the use of such equipment in the City’s existing policies. Under AB 481, all this information is contained in one location. Accordingly, any prior equipment use has been compliant with the policies in place at the time of use. Future acquisitions of any item deemed to be “military equipment” will require a further public meeting, policy update, and council approval.
Conclusion
In conclusion, the Indio Police Department seeks City Council adoption of the attached military use policy, Policy 708, by ordinance in order to allow the department to continue the use of the vital equipment specified in Policy 708 as well as acquire equipment as needed.
Ordinance No. 1776, adopting a Military Equipment Use Policy in accordan... Page 452 of 1319 ATTACHMENTS:
Attachment 1 - Ordinance No. 1776 - Military Equipment Use Policy APPROVAL(S):
Mike Washburn, Chief of Police Approved - 05 Apr 2022
Roxanne Diaz, City Attorney Approved - 06 Apr 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 07 Apr 2022 Bryan H. Montgomery, City Manager Approved - 07 Apr 2022
Ordinance No. 1776, adopting a Military Equipment Use Policy in accordan... Page 453 of 1319 12183-0001\2641585v1.doc
ORDINANCE NO. 1776
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, ADOPTING A MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481”), adding sections 7070 et seq. to the Government Code, relating to the use of military equipment as defined by Government Code section 7070(c) by law enforcements agencies; and
WHEREAS, AB 481 requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. AB 481 also requires that in seeking the approval of the governing body, a law enforcement agency shall submit a proposed military equipment use policy to the governing body at a public meeting and at least 30 days prior to any such public meeting, the law enforcement agency shall make the military equipment use policy available on the law enforcement agency’s internet website; and
WHEREAS, the Indio Police Department currently possesses equipment that qualifies under the definition of military equipment pursuant to Government Code section 7070(c), and wishes to continue to use such equipment in a responsible manner that continues to ensure the safety of the community and its residents; and WHEREAS, the adoption of the proposed military equipment use policy is necessary in order to continue use of such equipment for the purpose of protecting the safety of officers and civilians in the City of Indio; and WHEREAS, in accordance with Government Code Section 7071(a)(2), a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, must commence the governing body approval process for the military equipment use policy no later than May 1, 2022; and WHEREAS, in accordance with Government Code Section 7071, the Indio Police Department has commenced the governing body approval process and has posted a copy of the proposed military equipment use policy on the Indio Police Department’s website on March 15, 2022. Said posting is more than 30 days prior to the April 20, 2022 City Council meeting; and
WHEREAS, Ordinance No. 1776 and the proposed military equipment use policy were presented and introduced to the City Council at the public meeting held on April 20, 2022, which is prior to May 1, 2022, at which time the public had the opportunity to comment on Ordinance No. 1776 and the proposed military equipment use policy;
Ordinance No. 1776, adopting a Military Equipment Use Policy in accordan... Page 454 of 1319 -2-
12183-0001\2641585v1.doc
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council hereby finds that all of the facts set forth in the Recitals above are true and correct.
Section 2. Findings. Pursuant to Government Code Section 7071, the City Council commenced the governing body approval process prior to May 1, 2022 and considered the adoption of this Ordinance at a regular, public meeting on April 20, 2022, and based on the facts set forth above, the Agenda Report, the information provided to the City Council at the public meeting, and the record thereof which is incorporated by this reference, the City Council hereby determines and makes the following findings:
A. The military equipment identified in Indio Police Department Policy 708 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
B. The proposed military equipment use policy (Indio Police Department Policy 708) will safeguard the public’s welfare, safety, civil rights, and civil liberties; and C. The military equipment identified in Indio Police Department Policy 708 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and
D. Prior military equipment use complied with the corresponding policy that was in effect at the time.
Section 3. Pursuant to Government Code Section 7071, the City Council hereby adopts the military equipment use policy entitled Indio Policy Department Policy 708 as set forth in the attached Exhibit A and incorporated by this reference.
Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.
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PASSED, APPROVED, and ADOPTED this 4th day of May 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
WAYMOND FERMON, MAYOR
ATTEST:
__________________________
CYNTHIA HERNANDEZ
CITY CLERK
APPROVED AS TO FORM:
_________________________
ROXANNE DIAZ
CITY ATTORNEY
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EXHIBIT A
MILITARY EQUIPMENT USE POLICY
Ordinance No. 1776, adopting a Military Equipment Use Policy in accordan... Page 457 of 1319 Policy
708
Indio Police Department
Indio PD Policy Manual
Copyright Lexipol, LLC 2022/03/15, All Rights Reserved.
Published with permission by Indio Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, funding, use, and reporting requirements of specified law enforcement equipment that has been designated as "military equipment" pursuant to Government Code Section 7170, whether such equipment is existing or is to be acquired in the future. In addition, this policy is provided to fulfill the obligations set forth in Assembly Bill No. 481 (Government Code Sections 7070 through 7075).
These obligations include, but are not limited to, seeking approval on specified military equipment and requirements related to compliance, annual reporting, cataloging and complaints regarding these items. (See, Government Code §§ 7070, 7071, 7072, 7074 and 7075). 708.1.1 POLICY
Members of the Department shall comply with the provisions of this Policy with respect to the use of the Department's military equipment as described herein. 708.2 DEFINITIONS
Definitions related to this policy include:
1. Chief of Police - The Chief of Police shall mean the City of Indio Chief of Police and his designee.
2. Department - Department shall mean the Indio Police Department.
3. Governing Body – The Governing Body shall mean the Indio City Council who is the elected body that oversees the Indio Police Department.
4. Military Equipment – Military Equipment shall mean the equipment defined in Government Code Section 7070(c)(1) through (c)(16) to include:
a. Unmanned, remotely piloted, powered aerial or ground vehicles. b. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. c. High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. d. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
e. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
f. Weaponized aircraft, vessels or vehicles of any kind.
Ordinance No. 1776, adopting a Military Equipment Use Policy in accordan... Page 458 of 1319 Indio Police Department
Indio PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/15, All Rights Reserved.
Published with permission by Indio Police Department ***DRAFT*** Military Equipment - 2 g. Battering rams, slugs, and breaching apparatuses that are explosive in nature. h. Firearms of.50 caliber or greater, excluding standard issue shotguns. i. Ammunition of.50 caliber or greater, excluding standard issue shotgun ammunition. j. Specialized firearms and ammunition of less than.50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the California Penal Code, excluding standard issue service weapons and ammunition of less than.50 caliber. k. Any firearm or firearm accessory that is designed to launch explosive projectiles. l. Flashbang grenades and explosive breaching tools, tear gas and pepper balls, excluding standard issued handheld pepper spray.
m. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device. n. 40mm projectile launchers, bean bag, rubber bullet, and specialty impact munition weapons. o. Any other equipment as determined by a governing body to require additional oversight.
Military equipment does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
See attachment: Addendum A - Military equipment policy Final PDF 031122.pdf 708.3 APPROVAL OF POLICY BY GOVERNING BODY
1. The Chief of Police shall obtain approval from the governing body, by way of ordinance, the adoption of the Military Equipment Policy prior to engaging in any of the following activities:
a. Requesting military equipment be made available pursuant to Section 2576a of Title 10 of the United States Code.
b. Seeking funds for military equipment including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
c. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
d. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. e. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to general order. f. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.
Ordinance No. 1776, adopting a Military Equipment Use Policy in accordan... Page 459 of 1319 Indio Police Department
Indio PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/15, All Rights Reserved.
Published with permission by Indio Police Department ***DRAFT*** Military Equipment - 3
2. In seeking the approval of the Military Equipment Policy by the governing body, the Chief of Police shall submit a proposed Military Equipment Policy and or any subsequent amendments, to the City Council. The policy or any amendments shall also be made available to the public by posting those documents on the City of Indio Police Department internet website at least 30 days prior to any public hearing concerning the military equipment at issue. The Chief of Police shall submit the Military Equipment Policy annually to the governing body pursuant to procedures set forth in Government Code Section 7071.
708.4 MILITARY EQUIPMENT USE CONSIDERATIONS
1. The military equipment acquired and authorized by the Department is:
a. Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
b. Reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
2. Military equipment shall only be used by a Department employee only after applicable training, including any course required by the Commission on Peace Officer Standards and Training, has been completed, unless exigent circumstances arise.
708.5 ANNUAL MILITARY EQUIPMENT REPORT
1. Within one year of the approval of this Military Equipment Policy, the Department shall submit a military equipment report to the Governing Body that addresses each type of approved military equipment, and annually thereafter for as long as the military equipment is available for use by the Department.
2. The Department shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use by the Department.
3. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
a. A summary of how the military equipment was used and the purpose of its use. b. A summary of any complaints or concerns received concerning the military equipment. c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
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Published with permission by Indio Police Department ***DRAFT*** Military Equipment - 4 e. The quantity possessed for each type of military equipment. f. If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
4. Within 30 days of submitting and publicly releasing an annual military equipment report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the Department's funding, acquisition, or use of military equipment.
708.6 MILITARY EQUIPMENT INVENTORY INCLUDING EQUIPMENT TYPE AND USAGE
GUIDELINES
1. The Department's inventory of qualifying Military Equipment is set forth in Attachment A and includes the various types, descriptions and guidelines for its usage in compliance with Government Code Section 7070(d) in addition to guidelines set forth in paragraph (2) below.
2. The Department's inventory of military equipment is varied and the mere possession of the equipment does not warrant its use for every incident. The Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. The use of military equipment is restricted for use only in certain instances and in some cases only by certain units. While this procedure is wideranging, it is not all-inclusive. There may be instances wherein unpredictable critical incidents demand the need for incident commanders to authorize military equipment to be used in a manner not outlined within this procedure. In scrutinizing those particular instances, the judgment of the incident commander, influenced by the totality of the circumstances, public safety, officer safety, civil rights, and information available at the time, will be used.
It is incumbent upon incident commanders, supervisors, individual officers, and specific units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers, and to bring a critical incident to a safe resolution. 708.7 OVERSIGHT REGARDING DEPARTMENT COMPLIANCE
The Department SWAT TEAM Lieutenant (designated military equipment coordinator) will ensure that all Department members comply with this policy and any individual Department policies as applicable. The Department SWAT TEAM Lieutenant will conduct an annual audit with the assistance of the Training Unit. The Chief of Police will be notified of any policy violations and, if needed, the violation(s) will be referred to the Professional Standards Unit and handled in accordance with the Department Personnel Complaints Policy. All instances of noncompliance will be reported to City Council via the annual military equipment report.
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Published with permission by Indio Police Department ***DRAFT*** Military Equipment - 5 708.8 MILITARY EQUIPMENT COMPLAINTS AND INQUIRIES
1. Any member of the public can register a question or concern regarding military equipment use by contacting the Indio Police Department's military equipment coordinator via https://www.indio.org/ your_government/police/. A response to the question or concern shall be completed by the Department in a timely manner.
2. Any member of the public can submit a complaint regarding military equipment use to any member of the Department and in any form (i.e. in person, telephone, email, etc.). Once the complaint is received, it will be routed to the military equipment coordinator in accordance with our Personnel Complaints policy. A response to the question or concern shall be completed by the military equipment coordinator within 20 business days absent any extraordinary circumstances.
708.9 FUNDING
1. The Department shall seek council approval for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
2. The Department has authority to apply for funding prior to obtaining council approval in the case of exigent circumstances. In such cases, the Department shall obtain council approval as soon as practicable.
708.10 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of the Indio Police Department to act as the Military Equipment Coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
a. Acting as liaison to the governing body (Indio City Council) for matters related to the requirements of this policy.
b. Identifying Indio Police Department equipment that qualifies as military equipment in the current possession of the Indio Police Department or IPD Desert Regional SWAT Team, or the equipment the Indio Police Department intends to acquire that requires approval by the Indio City Council.
c. Conducting an inventory of all military equipment at least annually. d. Collaborating with any allied agency that may use military equipment within the jurisdiction of Indio Police Department (Government Code § 7071). e. Preparing for, scheduling, and coordinating the annual community engagement
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Published with permission by Indio Police Department ***DRAFT*** Military Equipment - 6 meeting to include: (i) Publicizing the details of the meeting; (ii) Preparing for public questions regarding the department's funding, acquisition, and use of equipment. f. Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Indio Police Department website (Government Code § 7072).
g. Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Indio Police Department will respond in a timely manner.
708.11 COORDINATION WITH OTHER JURISDICTIONS
Through the Association of Riverside County Chiefs of Police and Sheriff's (ARCCOPS) mutual aid agreement, all cities within Riverside County have agreed to accept the use of each law enforcement agency's Military Equipment policy related to any enforcement action throughout Riverside County.
Military equipment used by any member of this Department shall be approved for use and in accordance with this Military Equipment Policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid. The Riverside Sheriff's Department frequently operates in the city of Indio in various capacities.
708.12 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual military equipment report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department military equipment coordinator shall discuss the report and respond to public questions regarding the annual report and the Department's funding, acquisition, or use of military equipment.
708.13 MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without city council approval to maintain essential availability for the Department's needs.
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***DRAFT*** Addendum A - Military equipment policy Final PDF 031122.pdf - 8
Addendum A - Military equipment
policy Final PDF 031122.pdf
Addendum A - Military equipment policy Final PDF 031122.pdf
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A. MILITARY USE EQUIPMENT
1. Robots: A remotely-controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers. (Desert Regional SWAT Asset) a. Description, quantity, capabilities, and purchase cost i. ICOR Technology Mini-CALIBER Robot, cost: $40,000, quantity: 1. Lightweight, modular and one-man portable, the Mini-CALIBER SWAT and EOD Robot is tested and recommended by the National Tactical Officers Association (NTOA). Designed for rapid tactical missions, the robot is simple to operate and quick to deploy for searching rooms, hallways, stairwells and confined spaces. With rubber tracks and articulating front and rear flippers, the Mini-CALIBER effortlessly climbs stairs. It also includes an extendible rotating claw arm that simplifies opening door handles. b. Purpose
To be used to remotely gain visual/audio data, deliver CNT phone, open doors, clear buildings and deliver chemical munitions.
c. Authorized Use
Operators who have completed the required training shall be permitted to operate the robots.
d. Expected Lifespan 8-10 years.
e. Fiscal Impact
Annual maintenance and battery replacement cost is approximately $600 (Batteries replaced at 3-4 years).
f. Training
All robot operators receive training annually during SWAT training days. g. Legal and Procedural Rules
It is the policy of the IPD to utilize a robot only for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to State and Federal law.
2. Armored Vehicles: Commercially produced wheeled armored personnel vehicle utilized for lawenforcement purposes. (Desert Regional SWAT Asset. Both armored vehicles are owned and maintained by the Palm Springs Police Department).
a. Description, quantity, capabilities, and purchase cost i. LENCO BEARCAT, cost: $300,000, quantity: 1. The Lenco BearCat is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for the rescue of downed personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. ii. LENCO BEAR, cost: $600,000, quantity: 1. The Lenco BEAR, is an armored vehicle that seats 16-18 personnel with an open floor plan that allows for the rescue of downed personnel. The Bear has increased ground clearance and a robust suspension which allows for an emergency response to almost any situation. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. The Lenco BEAR features a heavy-duty hydraulic RAM mounted to the front of the vehicle. The removable RAM raises and lowers with interior controls and is capable of breaching doors, concrete barriers, and moving other large items. The RAM is a multi-purpose tool, which can also be equipped with a 360-degree camera system and a delivery system for nonlethal munitions. b. Purpose
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To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. c. Authorized Use
The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.
d. Expected Lifespan
Lenco BearCat and BEAR, 25 years.
e. Fiscal Impact
None. Maintenance is handled through the City of Palm Springs. f. Training
All drivers/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction. BEAR drivers are required to obtain a Class B driver's license prior to use.
g. Legal and Procedural Rules
It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes and pursuant to State and Federal law.
3. 40 MM Launchers and Rounds: 40MM Launchers are utilized by department personnel as a less-lethal tool to launch impact rounds.
a. Description, quantity, capabilities, and purchase cost i. DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER, #1425, cost: $1000, quantity: 26. The 40MM Single Launcher is a tactical single-shot launcher that features an expandable ROGERS Super Stoc™ and an adjustable Integrated Front Grip (IFG) with light rail. It will fire standard 40mm less-lethal ammunition, up to 4.8 inches in cartridge length.
ii. PENN ARMS, 40MM PUMP MULTI-LAUNCHER, #P540-1, cost: $3,000, quantity: 4.
Penn Arms 40MM launchers are manufactured using 4140 hardened steel, 6061-T6 mil-spec anodized aluminum and DuPont super tough glass-filled nylon. These launchers are lightweight, versatile and used worldwide by police and corrections officers. It will fire standard 40mm less-lethal ammunition, up to 4.8 inches in cartridge length.
iii. DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE, #6325, cost: $29, quantity: 98. The eXact IMpact 40mm Sponge Round is a point-of-aim, point-ofimpact direct-fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin-stabilized via the incorporated rifling collar and the 40mm launcher's rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore, has velocities that are extremely consistent. Used for Crowd Control, Patrol, and Tactical Applications.
iv. DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT OC, #6320, cost: $30, quantity:
80. The 40mm Direct Impact® munition is a point-of-aim, point-of-impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. When loaded with OC powder, the Direct Impact combines blunt trauma with the effects of an irritant powder, maximizing the potential for incapacitation. NOTE: The current 40mm OC munitions inventory is expired and is
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being retained in a secure location for training use only. v. DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT MARKING, #6326, cost: $30, quantity: 26. The 40mm Direct Impact® munition is a point-of-aim, point-of-impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. When loaded with a green marking agent, the Direct Impact can be used to indicate the aggressor in a crowd or riot situation to the team on the ground. NOTE: The current 40mm marking munitions inventory is expired and is being retained in a secure location for training use only. vi. DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT INERT, #6323, cost: $30, quantity: 3. The 40mm Direct Impact® munition is a point-of-aim, point-of-impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. The black-nosed inert munition is a great option for training. NOTE: The current 40mm inert munitions inventory is expired and is being retained in a secure location for training use only.
b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
d. Expected Lifespan
Defense Technology #1425 40mm Single Launcher- 20 years.
Penn Arms #P540-1 40mm Multi-Launcher- 25 years.
Defense Technology #6325 Exact Impact Sponge- 5 years.
Defense Technology #6320 Direct Impact OC- 5 years.
Defense Technology #6326 Direct Impact Marking- 5 years.
Defense Technology #6323 Direct Impact Inert- 5 years.
e. Fiscal Impact
Annual maintenance is approximately $50 for each launcher. Munitions need to be replaced at end of life (5-years) or as needed upon use.
f. Training
Sworn members utilizing 40MM less-lethal chemical agents or impact rounds are trained in their use by POST-certified less lethal and chemical agent instructors. g. Legal and Procedural Rules
Use is established under IPD Policy Section 308.6 and 308.9. It is the policy of the IPD to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
4. Combined Systems LC5 40MM Launching Cup: Cup that attaches to 12 gauge less-lethal shotguns which allow officers to launch canisters of chemical agents or smoke. a. Description, quantity, capabilities, and purchase cost COMBINED SYSTEMS LC5 40MM LAUNCHING CUP, cost: $315, quantity: 2. The
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LC5 Launching Cups are designed for the 5200 series grenades. The cups can be attached to virtually any 12ga shotgun and the munition is launched with the Combined Systems model 2600 launching cartridge.
b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
Situations for use of the less-lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
d. Expected Lifespan
Combined Systems LC5 40MM Launching Cup- 25 years
e. Fiscal Impact
No annual maintenance. However, replacement costs to maintain an adequate supply. f. Training
Officers utilizing the launching cups are trained by POST-certified chemical agent instructors.
g. Legal and Procedural Rules
Use is established under IPD Policy Section 308..6. It is the policy of the IPD to utilize the 40mm launching cups to deliver chemical agents and/or smoke only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
5. Distraction Devices: A device used to distract dangerous persons. a. Description, quantity, capabilities, and purchase cost i. COMBINED TACTICAL SYSTEMS, 7290M MINI FLASH-BANG, cost: $42, quantity:
9. The CTS 7290M Mini Flash-Bang is the newest generation in the evolution of the Flash-Bang. The Flash-Bang exhibits all of the same attributes as its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6-8 million candela of light. The patented design of the 7290M, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output. ii. COMBINED TACTICAL SYSTEMS, 7290-3 FLASH-BANG cost $109, quantity: 1. A non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. iii. COMBINED TACTICAL SYSTEMS, 7290-6 FLASH-BANG, cost $135, quantity: 1. A non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. iv. COMBINED TACTICAL SYSTEMS, 7290-9 FLASH-BANG, cost $146, quantity: 1. A
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non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. b. Purpose
A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6-8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
Can also be used as an option when confronted by vicious animals. c. Authorized Use
Diversionary Devices shall only be used:
i. By officers who have been trained in their proper use. ii. During barricaded subject and/or hostage situations. iii. During high-risk warrant services.
iv. When discouraging dangerous animals from attacking
v. During riotous situations or to restore or maintain order during civil disturbances. vi. Circumstances wherein distraction of violent and/or emotionally disturbed persons and/or those under the influence of alcohol/drugs is believed necessary to facilitate apprehension/custody.
vii. Situations wherein the Incident Commander or on-scene Supervisor deems their use necessary to safely resolve the incident.
viii. During training exercises.
d. Expected Lifespan
All of the above-listed distraction devices are single-use and expire after five years. e. Fiscal Impact
No annual maintenance. However, replacement costs to maintain an adequate supply. f. Training
Prior to use, officers must attend divisionary device training that is conducted by POST-certified instructors.
g. Legal and Procedural Rules
Use is established under IPD Policy Section 415. It is the policy of the IPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
6. Rifles: Guns that are fired from shoulder level, having a longer, grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. a. Description, quantity, capabilities, and purchase cost i. AMERICAN DEFENSE MANUFACTURING AR-15, 5.56 CALIBER RIFLE, MODEL UIC MOD1, cost: $1,200, quantity: 53. Built on a billet aluminum, fully ambidextrous upper and lower receiver set, the ADM UIC MOD 1 is the Law Enforcement Duty Carbine of the UIC line. Barrel lengths vary and include 11.5”, 14.5”, and 16” barrels.
This is the standard AR-15 style rifle issued to officers and utilized by law enforcement agencies nationwide.
ii. COLT M-4, .223 CALIBER RIFLE, MODEL LE6946CQB, cost: $1,400, quantity: 12.
The LE6946CQB displays fresh ingenuity with a folding front sight for enhanced optical solutions, and a straight gas tube and a removable lower rail which provides
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modularity for under mounting accessories. The patented one-piece monolithic upper receiver incorporates a continuous Mil-Spec rail from the rear of the upper receiver to the front sight. This feature affords unmatched repeatability for mounting optical systems, not found with separate handguard rail systems. Designed with accuracy in mind, its true free-floating barrel provides the enhanced accuracy necessary for longrange acquisition capability. This select-fire rifle is issued to SWAT operators assigned to the Desert Regional SWAT Team.
iii. BUSHMASTER M-4, .223 CALIBER RIFLE, MODEL XM15-E25, cost: $1,100, quantity: 11. One of Bushmaster’s most popular rifles, the Patrolman’s Carbine is equipped with a 16” M4 Barrel, with a chrome-lined bore and chamber. The A2 birdcage-type flash hider was built to control muzzle flash, and the six-position telestock allows for quick and lightweight handling. This model also includes an A3 removable carry handle with 1/2 MOA elevation and 1/2 MOA windage adjustments.
This is the standard AR-15 style rifle issued to officers and utilized by law enforcement agencies nationwide.
iv. LWRC INTERNATIONAL MK12- 5.56mm cost: $2,500, quantity: 1. The Mk12 is equipped with an 18" Barrel, This firearm is gas-operated with a rotating bolt, along with a Surefire muzzle brake. It is equipped with a LaRue/Harris bipod (Quick-detach) & Surefire MINI suppressor and Geissele trigger. The rifle has a Magpul stock with a medium-range mission-specific optic. This rifle is primarily used in an overwatch capacity or during a SWAT callout to protect the community during large events. (City Parades, Music Festivals, SWAT. deployments).
v. REMINGTON .308 CALIBER RIFLE, MODEL 700, cost: $3,500, quantity 2. The Model 700 is a highly maneuverable member of the family. It's built for tack-driving accuracy with a 26" heavy-contour tactical-style barrel. It includes a bolt carrier group that reduces overall recoil and impulse and is easy to maintain and operate in all weather conditions. The rifle is equipped with a LaRue/Harris bipod, surplus sling, and a Leopold long-range scope. This rifle is primarily used in an overwatch capacity to protect the community during large events and during SWAT deployments. vi. ACCURACY INTERNATIONAL .308 CALIBER RIFLE, cost $7,000, quantity 1. 28” barrel. The AI .308 caliber rifle is a precision sniper rifle. It is a highly accurate and durable rifle that is easy to maintain and operate in all weather conditions. The AI features a Bolt-Connection System that dramatically increases the connection surface area between the barrel and upper receiver for increased stability, accuracy and consistency, traditionally only found in high-end bolt action rifles. The rifle is equipped with a LaRue/Harris bipod, sling, and long-range scope. This rifle is primarily used in an overwatch capacity to protect the community during large events and during SWAT deployments. NOTE: This rifle is owned by the Palm Springs Police Department.
However, it is currently being utilized by an Indio Police officer assigned to Desert Regional SWAT.
b. Purpose
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.
c. Authorized Use
Only members that are POST certified are authorized to use a rifle. d. Lifespan
American Defense Manufacturing rifles- 15 years.
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Colt M-4 rifles- 10 years.
Bushmaster rifles- 15 years.
LWRC International rifles- 10 years.
Remington 700 rifles- 10 years.
Accuracy International rifle- 10 years.
e. Fiscal Impact
Annual maintenance is approximately $50 for each rifle. f. Training
Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle.
Additionally, all members that operate any rifle are required to pass a range qualification annually. Additional qualifications are in place for those assigned to Desert Regional SWAT. g. Legal and Procedural Rules
Use is established under IPD Policy Sections 300, 312 and 409. It is the policy of the IPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
7. Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.
a. Description, quantity, capabilities, and purchase cost i. COMBINED TACTICAL SYSTEMS, CS BAFFLED CANISTER GRENADE , PYRO, LOW FLAME POTENTIAL, #5230B, cost: $45, quantity: 18. Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. The Baffled Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Baffled Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Baffled Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization while minimizing or negating the chance of fire to the structure. ii. COMBINED TACTICAL SYSTEMS, RIOT CS SMOKE, #5230, cost: $34, quantity:
12. Large diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports. Specifically for outdoor use and should not be deployed on rooftops, in crawl spaces or indoors due to potential fire hazards. Can be hand thrown or launched. Discharge duration can reach up to 40 seconds.
iii. COMBINED TACTICAL SYSTEMS, WHITE SMOKE, #6210, cost: $32, quantity: 24.
White outdoor smoke grenades are used for obscuring tactical movement and signaling or marking a landing zone.
iv. COMBINED SYSTEMS, 40MM CS POWDER BARRICADE PENETRATING ROUND, #4431, cost: $25, quantity: 24. This round is a spin-stabilized, 4.1” long, CS powder-filled projectile that penetrates intermediate barriers and delivers irritant agents into an adjacent room. Effectiveness is dependent upon the type of weapon, angle of impact, environmental conditions, and the type of the intermediate barrier.
The greatest probability for penetration occurs when the projectile impacts 90°
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perpendicular to the intermediate barrier. General usage in tactical situations involves intermediate barriers, such as single pane exterior windows, vehicle windows, pressed wood particle doors, 1-2 layers of wallboard, and interior hollow core doors. In a tactical deployment situation, the 40mm barricade penetrating round is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. v. DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS DISCHARGE GRENADE, CS, #1082, cost: $29, quantity: 31. The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through fourgas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to direct the route of a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. NOTE: The current inventory of this item is expired and is being retained in a secure location for training use only. vi. DEFENSE TECHNOLOGY, MILITARY STYLE SAF-SMOKE GRENADE, # 1063, cost $26, quantity: 8. The Saf-Smoke™ Grenade was designed for training, but may also be used in operations. The Saf-Smoke Grenade offers the same approximate burn times as the Spede-Heat™ Grenade in CN or CS and the Riot Control Grenade in CN or CS. The similar burn times may make it the appropriate choice for training or simulation deployment of chemical agent canisters. The SafSmoke formulation is considered to be less toxic than Hexachloroethane (HC) smoke. The Saf-Smoke Grenade emits a very white smoke. NOTE: The current inventory of this item is expired and is being retained in a secure location for training use only.
vii. DEFENSE TECHNOLOGY, POCKET TACTICAL GRENADE - SAF-SMOKE, #1017, cost $28, quantity: 8. The Pocket Tactical Saf-Smoke™ Grenade is small and lightweight. TheSaf-Smoke™ will burn for approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though it is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical grenade. NOTE: The current inventory of this item is expired and is being retained in a secure location for training use only.
viii. DEFENSE TECHNOLOGY, POCKET TACTICAL GRENADE - CS, #1016, cost:
$24, quantity: 6. The Pocket Tactical CS Grenade is small and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical grenade. NOTE: The current inventory of this item is expired and is being retained in a secure location for training use only.
ix. DEFENSE TECHNOLOGY, 37MM FERRET - CS, #1162, cost: $38, quantity: 12.
The Ferret® 37 mm CS Round is a frangible projectile filled with chemical agent.
Ordinance No. 1776, adopting a Military Equipment Use Policy in accordan... Page 473 of 1319 Addendum A
Upon impacting the barrier, the nose cone ruptures and instantaneously delivers the .16 oz. agent payload inside a structure. These munitions are 4.8 in. by 1.5 in. and travels at 650fps within an effective range of 50 yards. NOTE: The current inventory of this item is expired and is being retained in a secure location for training use only. x. SABRE RED, PHANTOM AEROSOL GRENADE - OC, #AG-PTM-40 (MK-5), cost:
$13, quantity: 17. The SABRE Red 1.33% MC, 3.6 oz., MK-5 PHANTOM Evaporating Fog Delivery Aerosol Grenade empties in fourteen (14) seconds filling an area of 22,000 cubic feet in 60 seconds. PHANTOM’s evaporating fog delivery is more debilitating (inhalation effect) and simpler to clean up (fresh air) than traditional fog delivery systems, making PHANTOM the ideal extraction tool. b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use
Only officers who have received POST certification in the use of chemical agents or have been trained by a POST-Certified instructor are authorized to use chemical agents.
d. Expected Lifespan
All of the above-listed distraction devices are single-use and expire after five years. e. Fiscal Impact
No annual maintenance. However, replacement costs to maintain an adequate supply. f. Training
Sworn members utilizing chemical agent canisters are certified by POST less-lethal and chemical agents instructors. Desert Regional SWAT members conduct annual training for SWAT operators.
g. Legal and Procedural Rules
Use is established under IPD Policy Section 308. It is the policy of the IPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
8. Explosive Breaching Tools: Tools that are used to conduct an explosive breach. a. Description, quantity, capabilities, and purchase cost i. ROYAL ARMS REMINGTON 870 BREACHING SHOTGUN, cost: $795, quantity:
2. This weapon allows for breachers to safely utilize shotgun breaching rounds in order to destroy deadbolts, locks, and hinges. The stand-off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. This weapon, which is only utilized for breaching, can also defeat windows and sliding glass doors with a flashbang round.
ii. ROYAL ARMS TESAR-2 BLACK CAP 425 GRAIN COPPER FRANGIBLE
Ordinance No. 1776, adopting a Military Equipment Use Policy in accordan... Page 474 of 1319 Addendum A
BREACHING ROUND, cost: $5 per round, quantity: 16. The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges. iii. ROYAL ARMS TESCR-3 GREEN CAP 375 GRAIN CLAYVON FRANGIBLE BREACHING ROUND, cost: $5 per round, quantity: 5. The round is fired from a breaching shotgun and is used to destroy all locks, cross-bolts and hinges. iv. ROYAL ARMS FB-82H 12-GAUGE 82 GRAIN FLASH BANG HARD BREACHING ROUND, cost: $5 per round, quantity: 5. The rounds are fired from a breaching shotgun and can be used as a diversionary round or to can be used to breach solid wood doors, light steel, sliders or car windows.
b. Purpose
To safely gain entry into a structure.
c. Authorized Use
Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field and during training exercises.
d. Expected Lifespan
Breaching Shotgun- 25 years
Royal Arms TESAR-2 black cap 425 grain copper breaching round- 5 years Royal Arms TESR-3 green cap 375 grain clayvon frangible breaching round- 5 years Royal Arms FB-82H 12-gauge 82 grain flash-bang hard breaching round- 5 years e. Fiscal Impact
Annual maintenance is minimal. However, replacement costs to maintain an adequate supply. f. Training
All officers who use explosive breaching tools shall attend 40 hours of explosive breaching instruction and must additionally receive quarterly training for explosive operations. g. Legal and Procedural Rules
It is the policy of the IPD to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.
Ordinance No. 1776, adopting a Military Equipment Use Policy in accordan... Page 475 of 1319 City of Indio
City Council
April 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Carl S. Morgan, Dir. Of Economic Development Subject: $1.5 million Purchase and Sale Agreement with S.L.G.R Development, Inc. for the property located at 45-145 Oasis Street, and finding of conformity with the General Plan.
RECOMMENDATION:
Approve the Purchase and Sale Agreement with S.L.G.R Development, Inc. for the property located at 45-145 Oasis Street in the amount of $1,500,000; authorize the City Manager to finalize and execute the agreement in the form approved by the City Manager and City Attorney; find the sale of the property is in conformance with the General Plan; and authorize the City Manager to execute all documents necessary to complete the sale.
SUMMARY:
The subject property is comprised of four separate parcels APNs 611-164-006, 611-164-007, 611- 164-009, and 611-164-017 consisting of 33,000 square feet of building and is on the lot located to the west (across the alley) shown on Attachment A. The purchase price for all four parcels is $1,500,000 plus 50% of the escrow closing costs. The Downtown Specific Plan created the blueprint for the revitalization of Downtown. The proposed acquisition is consistent with this long-range planning document and will stimulate new investment while creating new jobs.
BACKGROUND INFORMATION:
The City has been making diligent efforts to manage, market and optimize development in a more comprehensive manner as part of the City's plan to revitalize Downtown Indio. Our Downtown is experiencing a renaissance period of growth and prosperity. A lot is happening behind the scenes to revitalize the Downtown including activating empty storefronts, cleaning up the public realm ( appearance and cleanliness), facade improvements and painting buildings on Miles Ave and Oasis Street. One of the goals of the City under this new plan is to relocate the existing McCandless Library to a new site.
Pursuant to the terms of the Purchase and Sale Agreement,there is a 90 day due diligence period allowing the City to perform an environmental assessment and asbestos survey of the Property, as well as make tests, surveys, or other studies of the Property, at the City's own cost. Closing shall occur 30 days from the end of the due diligence period.
The property is within the Downtown Specific Plan zoned Downtown-Core (DT-C) characterized by lively, pedestrian-oriented Downtown community anchors. Goal LU-1 of the General Plan states that an economic development goal is to have “A City with the destination of local and regional-serving AGENDA ITEM #9.2
$1.5 million Purchase and Sale Agreement with S.L.G.R Development, Inc. ... Page 476 of 1319 civic, arts, education, and entertainment uses to meet the needs of visitors and residents.” Accordingly, the proposed lease is consistent with the General Plan and staff recommends that the City Council find that the purchase of the property is in conformance with the General Plan.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$1,500,000 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective: Downtown & Hwy 111
Revitalization
Source of funds: ARPA Fund-Org-Object
Reference:
241-553005
Additional Financial Details:
Total cost will include $1,500,000 for the building plus 50% of escrow costs, estimated to total $2,700. The seller and buyer will split the escrow costs 50/50. The City's portion of the escrow costs is $1,350. Funding will be provided through the Coronavirus American Rescue Plan Act (ARPA) allocation awarded to the City this fiscal year.
ATTACHMENTS:
Attachment A
Attachment B
APPROVAL(S):
Carl S. Morgan, Dir. Of Economic Development Approved - 11 Apr 2022 Roxanne Diaz, City Attorney Approved - 14 Apr 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 14 Apr 2022 Bryan H. Montgomery, City Manager Approved - 14 Apr 2022
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12183-0039\2346783v3.doc -1-
PURCHASE AND SALE AGREEMENT
This PURCHASE AND SALE AGREEMENT (“Agreement”) is dated as of April 20, 2022 (“Effective Date”), and is entered into by and between the CITY OF INDIO, a municipal corporation (“Buyer”) and S. L. G. R. Development, Inc, a California Corporation (“Seller”).
Recitals
A. Seller owns the land at 45151 Oasis Street (APNs 611-164-006; 611-164-007; 611- 164-009; and, 611-164-017) in the City of Indio described on Exhibit “A”, and the improvements thereon (collectively, the “Property”).
B. Buyer has determined that the purchase of the Property for a future project is in the vital and best interests of the City of Indio and the health, safety and welfare of its residents and is in accord with the public purposes and provisions of applicable law.
C. Seller desires to sell the Property to Buyer, and Buyer desires to purchase the property from Seller on the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants herein, and other consideration, the sufficiency of which is hereby expressly acknowledged, the Buyer and Seller hereby agree as follows:
Agreement
ARTICLE 1. CONDITIONS PRECEDENT; PURCHASE AND SALE.
1.1 Purchase and Sale. Seller shall sell the Property to Buyer, and Buyer shall purchase the Property from Seller, on the terms and conditions hereinafter set forth.
1.2 Purchase Price. The purchase price for the sale of the Property shall be One Million Five Hundred Thousand and No /100 Dollars ($1,500,000) (the “Purchase Price”). Buyer shall pay the Purchase Price to Seller upon the Closing.
1.3 Seller Disclosure of Material Facts/Information. Within ten (10) business days after the Effective Date, Seller agrees to deliver to Buyer copies of all material non-privileged documents in Seller’s possession that relate to Property condition and shall also disclose in writing to Buyer all other material facts (if any) known to Seller about Property condition. Buyer shall pay for all inspections, reports or other disclosures relating to the Property, including those items in Article 3, paragraph 3.3A.
1.4 Due Diligence and Inspection Period. As stipulated in Article 3 and paragraph 3 of this Agreement, Buyer’s obligation to purchase is subject to a successful completion of a due diligence and inspection period of ninety (90) days.
1.5 Property Condition. The Property is being sold “AS IS” in its present condition without any repair, renovation, or improvement by the Seller.
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ARTICLE 2. ESCROW; COSTS; PRORATIONS.
2.1 Escrow. Upon the execution of the Agreement, the parties shall deliver a copy to the Title Company (defined in Section 2.2 below) and open an escrow with the Title Company.
The Title Company, as escrow holder, is sometimes referred to herein as “Escrow Holder”. Escrow Holder shall prepare, and deliver to Buyer and Seller for approval, preliminary Settlement Statements for the escrow.
2.2 Grant Deed. The purchase and sale of the Property shall be consummated by means of the recording of a Grant Deed (with Certificate of Acceptance) in the form attached hereto as Exhibit “B” by First American Title Insurance Company (“Title Company”) at 74770 Hwy 111, Suite 101, Indian Wells, CA 92210 (760 469-8893. As used in this Agreement, the term “Closing” shall mean the recording of the Grant Deed with Certificate of Acceptance. The Closing shall occur within 30 days from the expiration of the Due Diligence Period as set forth in Section 3.3.A (“Close of Escrow”). If escrow has not closed on or before the Close of Escrow date, the Buyer or Seller may either terminate this Agreement by written notice to the other or may extend the Close of Escrow date to a date mutually agreed to by the Parties in writing.
2.3 Further Instructions. Buyer and Seller may each submit additional escrow/recording instructions, but the instructions shall not modify or amend the provisions of this Agreement, unless agreed to in writing by both parties.
2.4 Costs. The Closing shall occur as soon as possible. Seller shall pay one-half of the escrow fees and the cost of the CLTA owner’s title insurance policy and the Buyer shall pay onehalf of the escrow fees.
2.5 Prorations. Assessments are to be prorated as of Closing on the basis of a thirty (30) day month. Buyer is exempt from property taxes, consequently, property taxes shall not be prorated (but Buyer will assist Seller, in good faith, in obtaining any applicable refund of property taxes paid by Seller which are allocable to the period after the Closing).
ARTICLE 3. CONDITIONS TO CLOSING.
3.1 Title. Seller shall cause title to the Property to be conveyed to Buyer free and clear of all liens, encumbrances, assessments (to the extent done prior to closing), taxes and leases (recorded and unrecorded) subject only to the exceptions approved by Buyer pursuant to Section
3.2 below (the “Permitted Exceptions”). Buyer shall execute, acknowledge and deliver to Escrow a Certificate of Acceptance for attachment to the grant deed. Seller shall also execute and deliver to escrow a Certificate of Acceptance for attachment to the grant deed.
3.2 Approval of Title Exceptions. Buyer shall, upon the execution of this Agreement, order a preliminary title report from Title Company for delivery to Buyer (by PDF to [email protected], with hyperlinks for title exception documents). Buyer shall have forty five (45) days following receipt of such report and documents within which to disapprove title exceptions by written notice to Seller. Failure to give written notice of disapproval to Seller of some or all of the exceptions shall be deemed to be approval of all exceptions, except for monetary liens, including, but not limited to, current taxes. If Buyer disapproves any exceptions, Seller shall have ten (10) days within which to agree in writing to remove the exception(s) by the Close of
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Escrow. Seller’s failure to give written agreement to Buyer shall be deemed to be refusal, except that Seller shall automatically be deemed to agree to remove monetary liens, including, but not limited to, current taxes. If Seller does not timely agree to remove any other exceptions properly and timely disapproved by Buyer, this Agreement shall terminate without further liability to either party unless Buyer waives its objections within a second ten (10) day period. The printed boilerplate exceptions of the Standard CLTA title policy (except for those eliminated based on a typical owner’s affidavit/certificate), liens for assessments not yet payable, and any title exceptions approved by Buyer hereunder are collectively referred to herein as the “Permitted Exceptions”.
3.3 Buyer’s Conditions Precedent. Buyer’s obligation to purchase is also subject to the satisfaction of the following conditions which are for Buyer’s benefit only:
A. Buyer’s approval, on or before ninety (90) days after the Effective Date (“Due Diligence Period”), of the condition of the Property, based on inspections, tests, surveys, structural analysis, and other studies, including, but not limited to, an environmental assessment and asbestos survey of the Property, to be conducted by or on behalf of Buyer in Buyer’s sole discretion, Buyer, Buyer’s representatives or authorized agents which may enter on the Property to make tests, surveys or other studies of the Property, provided that Buyer pays for all such tests and studies, keeps Seller’s property free and clear of any liens, repairs all damage to the Property (with the exception of material removed for testing purposes) and indemnities and holds Seller harmless from and against all liability, claims, demands, damages or costs of any kind whatsoever arising from or connected with such inspections, tests, surveys, structural analysis and any other studies/tests/inspections performed by Buyer. Buyer may terminate this Agreement within the Due Diligence Period by giving written notice to Seller.
B. Issuance (or commitment of the Title Company to issue) a CLTA owner’s policy of title insurance insuring title to the Property in Buyer with liability in the amount of the Purchase Price listing only the Permitted Exceptions.
3.4 Seller’s Conditions Precedent. Seller shall deliver to the Buyer two (2) air conditioning units (“AC Units”) for the Property on or before ninety (90) days after the Effective Date. Seller represents that one AC Unit has never been used or tested by Seller and Seller is informed and believes that the AC Unit is operational. Seller represents that the second AC Unit was previously in use and Seller is informed and believes that the second AC Unit is in working condition. If the AC Units are accepted by Buyer, the AC Units are provided in their “as is” condition. The Seller shall deliver the AC Units to the Property for Buyer’s inspection and Buyer may accept or reject the AC Units prior to the Close of Escrow. If the AC Units are rejected, Seller shall remove them from the Property at its sole cost.
3.5 Possession. Possession of the Property shall be given to Buyer upon the Close of Escrow, free and clear of any and all personal property located on, in or at the Property.
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3.6 Other Deliveries to Escrow. Seller shall deliver to Escrow Holder a grant deed, duly executed by Seller and notarized, and FIRPTA (federal) and California withholding certificates (so that Buyer and Escrow are not obligated to withhold any of the Purchase Price).
Buyer shall deliver to escrow a Certificate of Acceptance, duly executed and notarized (as required by law).
3.7 Closing. Upon satisfaction of all of the conditions set forth in this Article 3above, including the parties’ compliance with Section 3.6. Escrow Holder shall record the Grant Deed (with Certificate of Acceptance).
ARTICLE 4. MISCELLANEOUS.
4.1 Notices. Notices shall be personally delivered or sent first class mail, certified with return receipt requested, postage prepaid, addressed as follows:
Buyer: City of Indio
100 Civic Center Mall
Indio, California 92201
Attn: City Manager
Seller: S. L. G. R. Development, Inc, a California
Corporation
74333 Highway 111, Suite 103
Palm Desert, CA 92260
Attn: Scott W. Sklar, President
Notices shall be deemed delivered on the date of delivery or attempted delivery shown on the return receipt.
4.2 Brokers. Each party represents to the other that it is not represented by a broker in connection with this transaction. Each party shall defend, indemnify and hold the other party harmless from and against any and all claims, liabilities, losses, damages, costs and expense arising out of any communication or agreement that the first party (indemnifying party) may have or may have had with a broker, finder or salesperson.
4.3 Interpretation. This Agreement has been executed in Indio, California. The captions of paragraphs used in this Agreement are for convenience only. The provisions hereof shall be binding upon and inure to the benefit of the successors and assigns of Seller and Buyer.
4.4 Time of Essence. Time is of the essence of this Agreement and of the escrow provided for herein.
4.5 Attorneys’ Fees. In the event either Seller or Buyer shall commence legal proceedings for the purpose of enforcing any provision or condition hereof, or by reason of any breach arising under the provisions hereof, then the successful party in such proceeding shall be entitled to reasonable attorneys’ fees to be determined by the court.
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4.6 Integration. This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes any prior or contemporaneous written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements or understandings, oral or written, relating to the subject matter which are not fully expressed herein.
4.7 Further Assurances; Additional Documents. From time to time prior to and after the Close of Escrow, each party shall execute and deliver such instruments of transfer and other documents as may be reasonably requested by Escrow Holder or the other party to carry out the purpose and intent of this Agreement.
4.8 Dependency and Survival of Provisions. The respective warranties, representations, covenants, agreements, obligations and undertakings of each party hereunder shall be construed as dependent upon and given in consideration of those of the other party, and shall survive the Close of Escrow and delivery of the deed.
4.9 City Manager Authority. The City Manager of the Buyer shall have the authority to give all consents and approvals and notices hereunder on behalf of City, and may enter into nonsubstantial amendments of this Agreement, provided they are in writing.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first written above.
SELLER:
_____________________________________
S. L. G. R. Development Inc., a California
Corporation
By: Scott W. Sklar, President
_____________________________________
Name
By:
BUYER:
CITY OF INDIO
By:
Bryan H. Montgomery, City Manager
Attest:
$1.5 million Purchase and Sale Agreement with S.L.G.R Development, Inc. ... Page 483 of 1319 12183-0039\2346783v3.doc -6-
By:
Sabdi Sanchez, City Clerk Administrator
Approved as to Form:
By:
Roxanne Diaz, City Attorney
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EXHIBIT “A”
LEGAL DESCRIPTION
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LEGAL DESCRIPTION OF PROPERTY
Real property in the City of Indio, County of Riverside, State of California, described as follows:
PARCEL A:
LOT 6 IN BLOCK “O” KING AND NARRAMORE ADDITION TO CITY OF INDIO AS SHOWN BY MAP ON FILE IN BOOK 10 PAGE(S) 51 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL B:
LOT 16 OF BLOCK "O" OF KING AND NARRAMORE ADDITION TO INDIO NO. 1 AS SHOWN BY MAP ON FILE IN BOOK 10 PAGE(S) 51 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL C:
LOTS 17 AND 18 IN BLOCK "O" OF KING AND NARRAMORE ADDITION TO INDIO NO. 1 AS SHOWN BY MAP ON FILE IN BOOK 10 PAGE(S) 51 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL D:
LOT 19 OF BLOCK "O" IN KING AND NARRAMORE ADDITION TO INDIO NO. 1 IN
THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK, 10 PAGE(S) 51 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
EXCEPT THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
$1.5 million Purchase and Sale Agreement with S.L.G.R Development, Inc. ... Page 486 of 1319 BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 19; THENCE NORTH 89° 47' WEST, ON THE NORTH LINE OF SAID LOT, 150.00 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 30° 13' WEST, ON THE WEST LINE OF SAID LOT, 0.40 FEET; THENCE SOUTH 89° 52' 30" EAST, 150 FEET, MORE OR LESS, TO THE EAST LINE OF SAID LOT; THENCE NORTH 0° 13' EAST ON THE EAST LINE OF SAID LOT, 0.16 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL E:
A PORTION OF LOT 19 IN BLOCK "O" OF KING AND NARRAMORE ADDITION TO INDIO NO. 1 AS SHOWN BY MAP ON FILE IN BOOK 10 PAGE(S) 51, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 19, BLOCK "O" IN THE KING AND NARRAMORE ADDITION TO INDIO, AS SHOWN BY MAP ON FILE IN BOOK 10 PAGE(S) 51 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA AND SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE NORTH 89° 47' WEST, A DISTANCE OF 150.00 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 19; THENCE 30° 13' WEST, A DISTANCE OF 0.40 FEET; THENCE SOUTH 89° 52' 30" EAST, A DISTANCE OF 150.00 FEET; THENCE NORTH 0° 13' EAST, A DISTANCE OF 0.16 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL F:
LOTS 20 AND 21 IN BLOCK "O" OF KING AND NARRAMORE ADDITION TO INDIO NO. 1 AS SHOWN BY MAP ON FILE IN BOOK 10 PAGE(S) 51 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
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EXHIBIT “B”
FORM OF GRANT DEED (WITH FORM
OF CERTIFICATE OF ACCEPTANCE)
(Attached)
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RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO:
City of Indio
100 Civic Center Mall
Indio, CA 92201
Attention: City Clerk
APN: 611-164-006; 611-164-007; 611-164-009; 611-164-017 [SPACE ABOVE FOR RECORDER’S USE ONLY]
THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS:
This Grant Deed is exempt from Recording Fees pursuant to California Government Code Section 27383 and California Government Code Section 6103.
Documentary Transfer Tax is $0 (exempt; conveyance to a public entity).
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, S. L.
G. R. DEVELOPMENT INC., a California corporation hereby grants to the CITY OF INDIO, a California municipal corporation, the land located in the City of Indio, County of Riverside, State of California, more particularly described on Exhibit A attached hereto and all improvements and fixtures thereon and all rights appurtenant thereto.
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date set forth below.
Dated: , 2022
GRANTOR:
_____________________
__________________________
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document.
STATE OF CALIFORNIA
COUNTY OF ________________
On ________________ ____, 20____ before me,____________________________, Notary Public, personally appeared _________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ______________________
(affix seal in above space)
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document.
STATE OF CALIFORNIA
COUNTY OF ________________
On ________________ ____, 20____ before me,____________________________, Notary Public, personally appeared _________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ______________________
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Exhibit “A”
to Grant Deed
LEGAL DESCRIPTION
APNs 611-164-006; 611-164-007; 611-164-009; 611-164-017
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LEGAL DESCRIPTION OF PROPERTY
Real property in the City of Indio, County of Riverside, State of California, described as follows:
PARCEL A:
LOT 6 IN BLOCK “O” KING AND NARRAMORE ADDITION TO CITY OF INDIO AS SHOWN BY MAP ON FILE IN BOOK 10 PAGE(S) 51 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL B:
LOT 16 OF BLOCK "O" OF KING AND NARRAMORE ADDITION TO INDIO NO. 1 AS SHOWN BY MAP ON FILE IN BOOK 10 PAGE(S) 51 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL C:
LOTS 17 AND 18 IN BLOCK "O" OF KING AND NARRAMORE ADDITION TO INDIO NO. 1 AS SHOWN BY MAP ON FILE IN BOOK 10 PAGE(S) 51 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL D:
LOT 19 OF BLOCK "O" IN KING AND NARRAMORE ADDITION TO INDIO NO. 1 IN
THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK, 10 PAGE(S) 51 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
EXCEPT THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
$1.5 million Purchase and Sale Agreement with S.L.G.R Development, Inc. ... Page 493 of 1319 BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 19; THENCE NORTH 89° 47' WEST, ON THE NORTH LINE OF SAID LOT, 150.00 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 30° 13' WEST, ON THE WEST LINE OF SAID LOT, 0.40 FEET; THENCE SOUTH 89° 52' 30" EAST, 150 FEET, MORE OR LESS, TO THE EAST LINE OF SAID LOT; THENCE NORTH 0° 13' EAST ON THE EAST LINE OF SAID LOT, 0.16 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL E:
A PORTION OF LOT 19 IN BLOCK "O" OF KING AND NARRAMORE ADDITION TO INDIO NO. 1 AS SHOWN BY MAP ON FILE IN BOOK 10 PAGE(S) 51, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 19, BLOCK "O" IN THE KING AND NARRAMORE ADDITION TO INDIO, AS SHOWN BY MAP ON FILE IN BOOK 10 PAGE(S) 51 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA AND SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE NORTH 89° 47' WEST, A DISTANCE OF 150.00 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 19; THENCE 30° 13' WEST, A DISTANCE OF 0.40 FEET; THENCE SOUTH 89° 52' 30" EAST, A DISTANCE OF 150.00 FEET; THENCE NORTH 0° 13' EAST, A DISTANCE OF 0.16 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL F:
LOTS 20 AND 21 IN BLOCK "O" OF KING AND NARRAMORE ADDITION TO INDIO NO. 1 AS SHOWN BY MAP ON FILE IN BOOK 10 PAGE(S) 51 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
$1.5 million Purchase and Sale Agreement with S.L.G.R Development, Inc. ... Page 494 of 1319 12183-0001\2648045v1.doc
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by that certain Grant Deed dated ________ , 2022, from S.L.G.R. Development, Inc., a California corporation, to the City of Indio, which is a California municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of Indio pursuant to the authority conferred by Resolution No. 1028 of the City Council of the City of Indio on adopted August 6, 1958, and the grantee consents to recordation thereof by its duly authorized officer
Dated: ______________, 2022
_________________________________
Bryan H. Montgomery,
City Manager
State of California )
County of ________________ )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
$1.5 million Purchase and Sale Agreement with S.L.G.R Development, Inc. ... Page 495 of 1319 City of Indio
City Council
April 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Mike Washburn, Chief of Police
Subject: Acceptance of Fiscal Year 2021-2022 Supplemental Law Enforcement Services Account ("SLESA") funds in the amount of $140,360 and approval of the enclosed expenditure plan.
RECOMMENDATION:
Accept the Fiscal Year 2021-2022 Supplemental Law Enforcement Services Account ("SLESA") funds in the amount of $140,360 and approve the enclosed expenditure plan (Attachment A).
SUMMARY:
The Riverside County Sheriff's Department ("RSO") disburses SLESA funds to local cities in monthly installments to support frontline police services. The City proposes using SLESA funds to support the City's 800 MHz public safety radio system, purchase public safety equipment and supplies, offset police training costs, personnel costs, and pay for other law enforcement services. Fiscal Year 2021- 2022 SLESA funds will be incorporated into next fiscal year's budget.
BACKGROUND INFORMATION:
In 1996, the California State Legislature enacted Assembly Bill 3229, creating the Supplemental Law Enforcement Account (SLESA). These funds are distributed to cities and counties to support frontline police services. Each entity is guaranteed a minimum of $100,000 per fiscal year, and any additional eligible funding ("revenue growth") is distributed on a per capita basis. The City of Indio's Fiscal Year 2021-2022 allocation is $140,360 (Attachment A).
Senate Bill 823 requires that the chief of police of a participating city, or the chief administrator, submits a written request to the city council outlining the annual revenue appropriation and planned expenditures of SLESA funds. The City's proposed spending plan is reflected in Attachment A. The City Council is expected to act upon this recommendation at a public meeting.
The Riverside County Sheriff Department Specialized Accounting Unit no longer requires cities to submit the annual SLESA expenditure plan and year-end summary forms, which were previously submitted to the fiscal agent. Nevertheless, participating agencies must continue to spend these monies in accordance with the provisions established by the California State Legislature. County staff also recommends cities continue to use the expenditure plan form (Attachment A) as the mechanism by which a law enforcement agency submits their written request to their city council.
FINANCIAL SUMMARY:
AGENDA ITEM #10.1
Acceptance of Fiscal Year 2021-2022 Supplemental Law Enforcement Service... Page 496 of 1319 Current FY Financial
Impact:
0 In current year budget: N/A
Current FY General
Fund Impact:
0 Budget adjustment: N/A
Next FY Financial
Impact:
$140,360 Strategic Objective: Public Safety
Source of funds: Supplemental Law Enforcement
Services Account (SLESA)
Fund-Org-Object
Reference:
221-various
Additional Financial Details:
Participating agencies must spend the annual SLESA allocations within two years. Fiscal Year 2021-2022 SLESA funds will be incorporated into next fiscal year's budget.
ATTACHMENTS:
Copy of FY22 SLESA Expenditure Plan
APPROVAL(S):
Mike Washburn, Chief of Police Approved - 01 Apr 2022
Roxanne Diaz, City Attorney Approved - 05 Apr 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 14 Apr 2022 Bryan H. Montgomery, City Manager Approved - 14 Apr 2022
Acceptance of Fiscal Year 2021-2022 Supplemental Law Enforcement Service... Page 497 of 1319
ATTACHMENT A
City Name:
Beginning Fund Balance 463,390.00
Prior Year Allocation/Adjustment 84,485.96
Current Year Allocation 140,360.00
Total Allocation 688,235.96
Salaries and Benefits 15,000.00
Services and Supplies 125,000.00
250,000.00
Administrative Overhead
Total Expenditure Planned 390,000.00
Date approved by the City Council: 4/20/2022
The City Manager hereby certifies that the Supplemental Law Enforcement Services Plan was submitted to the City Council and approved as listed.
Bryan H. Montgomery
Date
Name Date
FY 2021-2022 City Expenditure Plan Form
The City of Indio
Please provide the name of a contact person if there are any questions:
Equipment
EXPENDITURE PLANNED
Rob Rockwell, Assist. City Manager/Finance Director
Supplemental Law Enforcement Standardized Forms
Expenditure Plan
FY 2021-2022
City Manager Signature
Acceptance of Fiscal Year 2021-2022 Supplemental Law Enforcement Service... Page 498 of 1319 City of Indio
City Council
April 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Ordinance No. 1777 Amending Chapter 159 (Zoning Regulations) and adopting a new section 159.419 pertaining to the development of unzoned properties within the former Pacific Indio Properties Development Agreement area.
RECOMMENDATION:
Waive full reading of Ordinance No. 1777, an Ordinance of the City amending Chapter 159 (Zoning Regulations) of the Municipal Code and adopting a new section 159.419 pertaining to the development of unzoned properties, introduce the ordinance by title only and request the City Clerk read the title.
SUMMARY:
The Indio City Council approved an urgency ordinance - Ordinance No. 1774 - adopting a new Section 158.419 pertaining to the development of unzoned properties within the former Pacific Indio Properties Development Agreement area. While that urgency ordinance is currently in effect, it is best practice that this zoning code amendment go through the regular state law process. Adoption of Ordinance No. 1777 will replace Ordinance No. 1774 and provide the same standards for development within the former Pacific Indio Properties Development Agreement Area otherwise not covered by particular zoning - that is such properties may be developed only with the approval of a development agreement by the City Council.
BACKGROUND INFORMATION:
The City of Indio ("City") and Pacific Indio Properties, Inc. entered into a Development Agreement in the early 1990’s, which was recorded in the office of the Riverside County Recorder as Instrument Number 047277 ("Original Development Agreement") and which was subsequently amended by the First Amendment executed by the Parties. The Original Development Agreement and the First Amendment (collectively referred to as the "Development Agreement") applied to approximately two hundred and forty-one (241) acres of land, generally described as extending north from Interstate 10 to Avenue 42, and east from a boundary between Clinton and Monroe Streets to near Jackson Street (“Site”), and approved by the City for phased development.
Subsequently, the City entered into the "Second Amendment to Development Agreement" dated November 20, 2010, which was recorded in the office of the Riverside County Recorder as Instrument Number 20011-050690 ("Second Amendment"). The Second Amendment did not encompass the entire Site and was entered into only by certain owners of real property within the Site as set forth in the Second Amendment. The Second Amendment extended the term of the Development Agreement until and through January 19, 2022 ("Term") and such Term applied only to the terms of the AGENDA ITEM #10.2
Ordinance No. 1777, amending Chapter 159 (Zoning Regulations) and adopti... Page 499 of 1319 Development Agreement that address land uses and density of the Site. The Development Agreement and the Second Amendment shall collectively be referred to herein as the "Amended Development Agreement.”
Subsequently, the City Council adopted Ordinance No. 1773 approving a Third Amendment to the Development Agreement following a request by the current owners of certain real properties located within the boundaries of the Pacific Indio Properties Development Agreement (I-Ten Monroe LLC, BH Indio Land LLC, Charlotte Southwest Corporation, and Urbanica, LLC; collectively “Owners”). The Owners requested an extension of the term of the Development Agreement for an additional 18 months subject to the same conditions set forth in the Second Amendment. The Third Amendment applies only to those properties controlled by the Owners.
Portions of the Site that comprises the boundaries of the former Pacific Indio Properties Development Agreement and not subject to the Third Amendment are unzoned. Upon the lapse of the Development Agreement as to those properties, and with no other appropriate land use measures in place, there is the potential of development of a large number of acres of property without any oversight. Zoning is a planning control tool used to regulate the physical development of land. Zoning promotes desirable development patterns and protects the public peace, health, safety and general welfare by preventing incompatible uses.
The City Council approved Ordinance No. 1774, an urgency ordinance amending Chapter 159 (Zoning Regulations) and adopting a new Section 159.419 pertaining to the development of unzoned properties within the former Pacific Indio Properties Development Agreement. While that urgency ordinance is currently in effect, it is best practice that this zoning code amendment go through the regular state law process. Accordingly, amendments to the City's zoning regulations are initially considered by the Planning Commission, which makes a recommendation to the City Council. The City Council, in turn, reviews the Commission's recommendation and makes a final decision on the formal adoption of the amendment.
On February 23, 2022, the Planning Commission held a duly noticed public hearing to consider the amendment to Chapter 159 of the Municipal Code adding new Section 159.419 and recommended that the City Council adopt said amendments to the Code.
Proposed Ordinance No. 1774 will replace the urgency ordinance and is substantially the same as the urgency ordinance and provides that any real property within the boundaries of the site subject to the Development Agreement between the City and Pacific Indio Properties, Inc. may be developed only with the approval of a development agreement by the City Council.
Pursuant to California Environmental Quality Act Guidelines 15061(b)(3), it can be seen with certainty that there is no possibility that amendment to the Indio Municipal Code will have a significant effect on the environment. The amendment will require property owners to bring their specific projects forward and comply with CEQA at that time. In addition, the amendment is also consistent with the City's General Plan as such development will comply with the underlying General Plan designation for the property.
In conclusion, Staff recommends that the City Council introduce the ordinance for first reading.
ATTACHMENTS:
Ordinance No. 1777
Ordinance No. 1777, amending Chapter 159 (Zoning Regulations) and adopti... Page 500 of 1319 APPROVAL(S):
Kevin H. Snyder, Dir. Of Community Development Approved - 07 Apr 2022 Roxanne Diaz, City Attorney Approved - 07 Apr 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 14 Apr 2022 Bryan H. Montgomery, City Manager Approved - 14 Apr 2022
Ordinance No. 1777, amending Chapter 159 (Zoning Regulations) and adopti... Page 501 of 1319 12183-0001\2643018v2.doc
ORDINANCE NO. 1777
AN ORDINANCE OF THE CITY OF INDIO, CALIFORNIA, AMENDING CHAPTER 159 (ZONING REGULATIONS) OF THE MUNICIPAL CODE AND ADOPTING A NEW SECTION 159.419 PERTAINING TO THE
DEVELOPMENT OF UNZONED PROPERTIES WITHIN THE FORMER
PACIFIC INDIO PROPERTIES DEVELOPMENT AGREEMENT AREA
THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. Pursuant to Indio Municipal Code Section 159.875, the City Council the City Council hereby determines and makes the following finding: the proposed change to the zoning code set forth in Section 2 is consistent with the objectives of Title XV (Land Usage) of the Indio Municipal Code. The proposed zoning code amendment will protect, promote and enhance the public health, safety and general welfare, ensuring that development within the city is related to the city's ability to provide essential urban services and is consistent with the City of Indio general plan.
Section 2. Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code is hereby amended by adding a new Subchapter entitled “Development of Unzoned Property” and adding thereunder a new Section 159.419 (Development of Unzoned Property) to read as follows:
“DEVELOPMENT OF UNZONED PROPERTY
§ 159.419. Development of Unzoned Property.
Any real property located within the boundaries of the site that was subject to the Development Agreement between the City of Indio and Pacific Indio Properties, Inc. (Riverside County Recorder Instrument Number 047277) as subsequently amended by the First Amendment, the Second Amendment to Development Agreement and the Third Amendment to the Development Agreement, all on file in the Department of Community Development, that is unzoned as of January 20, 2022, may be developed only with the approval of a development agreement by the City Council.” Section 3. Ordinance No. 1774 is hereby repealed.
Section 4. Adoption of this ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines 15061(b)(3) because it can be seen with certainty that there is no possibility that amendment to the Indio Municipal Code will have a significant effect on the environment. The amendment will require property owners to bring their specific projects forward and comply with CEQA at that time. In addition, the amendment is also consistent with the City's General Plan as such development will comply with the underlying General Plan designation for the property.
Ordinance No. 1777, amending Chapter 159 (Zoning Regulations) and adopti... Page 502 of 1319 -2-
12183-0001\2643018v2.doc
Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.
PASSED, APPROVED, and ADOPTED this 4th day of May 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
WAYMOND FERMON, MAYOR
ATTEST:
__________________________
CYNTHIA HERNANDEZ
CITY CLERK
APPROVED AS TO FORM:
__________________________
ROXANNE DIAZ
CITY ATTORNEY
Ordinance No. 1777, amending Chapter 159 (Zoning Regulations) and adopti... Page 503 of 1319 City of Indio
City Council
April 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Resolution No. 10276 adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program ( EA 21-04-556) and Resolution No. 10277 approving Tentative Tract Map 38072 ( TTM 21-08-048) to subdivide thirty-eight acres for the Coco Palms Single-Family Residential Project located northeast of the Avenue 50 and Jackson Street intersection RECOMMENDATION:
Adopt Resolution No. 10276 adopting a Mitigated Negative Declaration and Mitigationi Monitoring and Reporting Program (EA 21-04-556) for the Coco Palms Single-Family Residential Project located northeast of the Avenue 50 and Jackson Street intersection; and Adopt Resolution No. 10277 approving Tentative Tract Map 38072 (TTM 21-08-048) to subdivide thirty-eight (38) acres into onehundred and seventy-three (173) single-family residential parcels for the Coco Palms Single-Family Residential Project.
SUMMARY:
PROJECT DESCRIPTION: The project proposes 173 single-family residential parcels with access of Avenue 49 and Jackson Street. The site is currently designated “Suburban Neighborhood” in the City’s 2040 General Plan, which allows a mid-range residential density of up to 8 DU/AC. The City’s Zoning Map, which was last updated in 2009, currently designates the site as “Residential Medium” (RM) and also allows a density of up to 8 DU/AC. The applicant proposes a medium-density residential development consisting of 173 single family residential units (4.5 DU/AC), a park, and four retention basins. The project offers five floor plans in both single- and two-story layouts with an average lot size of 6,348 square feet. There are 3 single-story floor plans that range from 2,024 to 2,534 square feet, have a maximum height of 18 feet 2 inches, offer up to 4 bedrooms, a 2-bay garage, and an optional family suite or casita. There are 2 two-story floor plans that range from 2,827 to 3,212 square feet, have a maximum height of 26 feet, offer up to 6 bedrooms, a 2-bay garage (attached or detached), and options for an elevator and/or a 3-bay garage. The site was graded in 2015 as part of a previously approved project (Las Plumas/Tentative Tract Map 33875) and is currently vacant with sparse vegetative regrowth. The project site is irregular in shape, and is bordered by Avenue 49 to the north, a mix of single-family residences and agricultural lands (transitional zone) to the east, single family residences and vacant lands to the south, and Jackson Street, scattered single family homes and vacant lands to the west. The Project also includes private drive aisles with 3 entrances/exits accessible via Jackson Street and Avenue 49. One access point is located on Jackson Street at Plume Feather Drive, and two access points are located on Avenue 49 at Heron Place and Song Sparrow Place. Primary access will occur on Avenue 49 at Song Sparrow Place. The Project will construct Avenue 49 as a 2-lane local roadway (40 feet curb-to-curb width) from Jackson Street to the Project’s easterly site boundary. The Project applicant is also responsible for several transportation-related AGENDA ITEM #10.3
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 504 of 1319 improvements in the Project area, including the installation of a traffic signal at Jackson Street and Odlum Drive/Avenue 49. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA): Pursuant to the requirements of the California Environmental Quality Act (CEQA) the Project was reviewed and found to have significant environmental impacts that will be reduced to levels that are less than significant with the application of project specific mitigation measures that are specified in the project Initial Study and Mitigated Negative Declaration. Staff recommends that the City Council, based on its own independent judgement and review of the record in full, adopt for the Project a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program. On February 9, 2022, the City of Indio published and distributed a Notice of Intent to Adopt a Mitigated Negative Declaration for the Project providing for the receipt of public comments on said notice until March 1, 2022. PLANNING COMMISSION ACTION: The Planning Commission held a duly noticed public hearing for Environmental Assessment (EA 21-04-556) and Tentative Tract Map 38072 (TTM 21-08-048) for the Coco Palms Single-Family Residential Project on March 23, 2022. At the conclusion of the public hearing, the Planning Commission on separate motion actions voted 3-0 to approve resolutions recommending to the City Council the approval of Environmental Assessment (EA 21-04-556) and Tentative Tract Map 38072 (TTM 21-08-048) for the Coco Palms Single-Family Residential Project BACKGROUND INFORMATION:
TENTATIVE TRACT MAP 38072 (TTM 21-08-048):
Staff reviewed the proposed project for conformity to the adopted General Plan and the current zoning requirements applicable to the project and made the following findings pursuant to Government Code Section 66474:
The proposed map is consistent with Suburban Neighborhood (SN) land use designation of the adopted General. The SN land use designation is intended to provide low intensity neighborhood development that features a limited variety of housing choices. Uses are primarily single-family houses with small low intensity multi-family dwelling groupings organized along walkable streetscapes with commercial/retail activity nearby. Per the SN designation allowable primary uses are single-family residential, multi-family residential and parks and recreation with allowed development intensities of up to eight (8) dwelling units per acre (du/ac). The proposed Tentative Tract Map No. 38072 proposes the subdivision of certain real properties comprising 38-acres into 173 single-family residential lots with a density of 4.5 dwelling unit per acre.
The proposed subdivision is consistent with Policy LU-1.5 of the adopted General Plan that states:
"Implement the strategies identified for each distinct subarea in Indio in this General Plan." The proposed project is within the Southern Neighborhoods subarea, which lie between the Central Neighborhoods and the Festival District, presenting the opportunity for a rural/resort lifestyle with easy access to the commercial and civic amenities of Midtown and Downtown and the entertainment offerings of the Festival District. This quiet, secluded living environment close to lndio's arts and entertainment hubs (the Festival grounds) provides these neighborhoods with a unique value proposition and can help support this Plan's primary goals for supporting the success of those important centers of community life. The Project is a lower density single-family residential development that will have a density of slightly less than half – 4.5 dwelling units per acre of what the maximum density of the project – 8 dwelling units per acre, could be.
The proposed subdivision is consistent with Policy LU-2.1 Walkable neighborhoods of the adopted General Plan. This policy specifies that all new neighborhoods should be pedestrian friendly by including features, such as short blocks, wide sidewalks, shaded streets, buildings that define and are oriented to streets or public spaces, traffic-calming features, convenient pedestrian street crossings, and safe streets designed for pedestrians, cyclists, and vehicles. The proposed subdivision has
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 505 of 1319 walkable block sections and internal sidewalks. There will be a condition of approval requiring the provision of shaded streets for compliance to Policy LU 7.7 of the adopted General Plan.
The project is consistent with Policy LU-5.5 Connections between development projects. Require the continuation of the street network or pedestrian connections between adjacent development projects and discourage the use of cul-de-sacs except where necessary or due to existing development, topographic conditions or limited access to transportation systems. The proposed subdivision is surrounding by developed and undeveloped properties. The project will connect to existing neighborhoods to the west via current and to be constructed pedestrian infrastructure along the eastern portion of Jackson Street. There is an existing neighborhood to the east of the project site, however, the homes constructed prohibit a direct connection. The project will construct a half-street section of Avenue 49 to the north that will include pedestrian infrastructure to support connections to the immediate surrounding area. The project includes a limited number of cul-de-sacs developed in respond to existing development.
The project is consistent with Policy LU-7.1 Complete neighborhoods - Through the development entitlement process, ensure that all new Neighborhoods (areas with a “Neighborhood” General Plan Designation) are complete and well-structured such that the physical layout and land use mix promote walking to services, biking and transit use, are family friendly, and address the needs of multiple ages and physical abilities. New neighborhoods should have the following characteristics: • Contain short, walkable block lengths. • Contain a high level of connectivity for pedestrians, bicycles and vehicles where practicable. • Organize around a central focal point such as a park, school, civic building or neighborhood retail such that most homes are no more than one quarter-mile from this focal point. • Have goods and services within a short walking distance. • Contain a diversity of housing types, where possible. Have homes with entries and windows facing the street. • Have a grid or modified grid street network (except where topography necessitates another street network layout). • Provide a diversity of architectural styles. The project will develop adjacent and interior infrastructure to support pedestrian and bicycle circulations. The project contains short, walkable block lengths. The project will be conditioned to provide interior sidewalks on a minimum of one side of the interior street network.
The project proposes a 17,561 square foot neighborhood park. The project proposes one-story and two-story home product types. The project has an interior street grid network.
The project is consistent with Policy LU-7.2 Balanced neighborhoods. Within the allowed densities and housing types, promote and allow for a range of housing and price levels within each neighborhood in order to accommodate diverse ages and incomes. For development projects larger than five acres, require that a diversity of housing types be provided and that these housing types be mixed rather than segregated by unit type. The proposed project is comprised of 173 single-family residential homes located in the southeast portion of the City adjacent to the City of Coachella. The homes will be one-story and two-story homes representing a mix of single-family housing product types. While the prices of these homes is not indicated the submitted documents, a review of Watermarke Homes’ website indicates that their current communities have prices in the $300,000 and $400,000 ranges.
The project is consistent with Policy LU-7.3 Housing affordability - Ensure affordable housing is distributed throughout the City to avoid concentrations of poverty and to be accessible to jobs. The proposed project is comprised of 173 single-family residential homes located in the southeast portion of the City adjacent to the City of Coachella. While the prices of these homes is not indicated the submitted documents, a review of Watermarke Homes’ website indicates that their current communities have prices in the $300,000 and $400,000 ranges.
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 506 of 1319 The project is consistent with Policy LU-7.4 Block size - Require new neighborhoods to be designed with blocks length ranging from 400 or less to 800 feet consistent with the General Plan place type.
Exceptions can be made if mid-block pedestrian and bicycle connections are provided. Block lengths within the proposed subdivision range from 400 feet to 800 feet.
The project will be conditioned to be consistent with Policy LU-7.5 Provision of sidewalks - Except within designated Rural Estate areas, require sidewalks of at least five feet in width on at least one side of private and both sides of public streets in neighborhoods and prohibit obstructions, such as utility boxes, telephone poles, street signs, etc. that would impede sidewalk use.
The project will be conditioned to be consistent with Policy LU-7.6 Tree-lined streets - Require trees on both sides of at least 60 percent of new and existing streets within the project and on the project’s side of bordering streets, between the vehicle travel way and walkway at intervals averaging no more than 50-100 feet (excluding driveways and utility vaults). This standard shall apply whenever new streets are constructed or when existing streets and sidewalks are significantly rehabilitated with existing neighborhoods. Ensuring the appropriate revenue stream to provide long-term maintenance.
The project will be conditioned to be consistent with Policy LU-7.7 Shaded sidewalks. Require shade over at least 50 percent of the length of sidewalks on streets within a project. Trees must provide shade within five-years of landscape installation and should be as water efficient as possible.
The project will be conditioned to be consistent with Policy LU-7.8 - Gated communities. Discourage the construction of new gated communities. When gated communities are allowed, require frequent pedestrian and bicycle connections between the gated community and surrounding areas at distances no more than 600 feet apart.
The proposed project is consistent with the housing priorities of the City of Indio 2014- 2021 Housing Element. Goal 3 of the Housing Element states "to provide adequate, suitable sites for residential use, development and maintenance of a range of housing that varies sufficiently in terms of cost, design, site, location and tenure to meet the housing needs of all economic segments of the community at a level which can be supported by the infrastructure." The proposed subdivision will provide 173 single family residential dwellings on appropriately zoned land supported by the existing infrastructure or to be constructed public and private utilities. It should also be noted that the City Departments and public utility agencies have reviewed the site to confirm the proposed project is supported by the infrastructure.
The proposed project and its proposed design and improvements are required to conform to the land uses and development standards of the Residential Medium (RM) zoning designation. All lots and residential structures shall comply with the development standards of the RM zoning designation.
Accordingly, the proposed project, including the design and improvements, is consistent with the current zoning designation for the affected properties comprising the Project.
The site is physically suitable for the type of development of single-family residential lots. The proposed project site is 38 acres in size. Subsection of 159.141 of the Indio Municipal Code specifies minimum lot sizes of 4,500 square feet for single-family residential land uses. The submitted tentative tract map specifies lots sizes in excess of this minimum lot area requirement. In addition, Subsection of 159.141 of the Indio Municipal Code specifies development standards for RM zoned properties that must be complied with at time of development of lots and homes. The project and its proposed design provides for adequate roadways and infrastructure that allows for the site to be physically suitable for residential development. Furthermore, the site has a minimal slope, all public services are available
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 507 of 1319 and there are no physical constraints. Therefore, it can be found that the proposed subdivision is physically suitable for the site.
The site of the proposed subdivision contemplated under Tentative Tract Map No. 33072 is physically suitable for the proposed density of the development. The resulting 173 single-family residential lots comply with the applicable development standards of the Residential Medium (RM) zoning designation. The proposed Tentative Tract Map No. 38072 has a density of 4.5 dwelling units per acre, which is in conformance with the density provisions for the Suburban Neighborhood land use designation and the Residential Medium zoning designation. The site is adequate in shape and size to accommodate the proposed development.
Pursuant to the requirements of the California Environmental Quality Act (CEQA), the Project was reviewed and found to have significant environmental impacts that will be reduced to levels that are less than significant with the application of project specific mitigation measures that are specified in the project Initial Study and Mitigated Negative Declaration pursuant to the provisions of Title 14, Division 6, Chapter 3, Article 6, Section 15074 of the California Environmental Quality Act. The project site is surrounded by urban uses and there is no presence of fish or wildlife or their habitat on this property. The project is therefore not likely to cause substantial environmental damage and within the City and provides no fish or significant wildlife habitat.
The proposed design of the subdivision or type of improvements contemplated by the proposed project are not likely to cause serious public health problems. The proposed project will be conditioned to ensure all common area structures, landscaping, sidewalks, parking lot surfacing, and all other improvements within the proposed project must be continually maintained in good condition and repair, all dead or dying landscape material must be replaced with new landscape material, and a security construction plan must be submitted. Compliance with these conditions will prevent the subdivision and its improvements from causing any public health problems for those that enter the development. Storm drainage, sanitary sewer, water, streets and all utilities are available to the site and have capacity to accommodate the project. The subdivision has been designed so the parcels have the necessary infrastructure to adequately serve the development and all proposed uses as allowed by the zoning ordinances that regulate the project. Accordingly, compliance with the applicable standards for the existing structures and the conditions of approval will prevent the proposed project from being detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.
The design or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. Public utilities for electricity, water, sewer, telecommunications, and gas service have all been assessed for availability. The access points to the proposed project have been reviewed and approved by the Fire Department and Public Works Department as part of the overall approval of the proposed project. Tentative Tract Map No. 38072 includes easements for roadways, drainage facilities, and utilities that will be recorded in the final map. There are no known public easements traversing the subject site that would be adversely affected by the proposed project. Therefore, the design of the subdivision will not conflict with easements acquired or required by the public at large, for access through or use of the property.
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 508 of 1319 ATTACHMENTS:
AttachmentA_ResolutionNo10276_CocoPalmsEnvAssessment
AttachmentB_ResolutionNo1077_CocoPalmsTTM38072
AttachmentC_Map-Surrounding+area
AttachmentD_TTM38072
AttachmentE_PhasingPlan_TPM38072
AttachmentF_SITE-PLAN
AttachmentG_FinalInitialStudy
AttachmentJ_TrafficImpactAssessment_Phasing_Assessment
AttachmentH_TIA_Report
AttachmentI_TrafficImpactAssessment_Appendices
APPROVAL(S):
Kevin H. Snyder, Dir. Of Community Development Approved - 14 Apr 2022 Roxanne Diaz, City Attorney Approved - 14 Apr 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 14 Apr 2022 Bryan H. Montgomery, City Manager Approved - 14 Apr 2022
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 509 of 1319 1 RESOLUTION NO. 10276
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, ADOPTING ENVIRONMENTAL ASSESSMENT (EA 21-04-556) COMPRISING THE
MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM FOR THE COCO PALMS SINGLE-FAMILY RESIDENTIAL PROJECT COMPRISED OF ONE HUNDRED AND SEVENTY-THREE (173) SINGLEFAMILY RESIDENTIAL PARCELS ON THIRTY-EIGHT (38) ACES CONSISTIG OF ASSESSOR’S PARCEL NUMBERS 612-260-004, 612-060-006 AND 612-260-012, 612-280-002, 612-280-003 AND 612-280-004 AND LOCATED NORTHEAST OF THE AVENUE 50 AND JACKSON STREET INTERSECTION
WHEREAS, on November 12, 2021, Watermarke Homes, LLC submitted a tentative tract map application to subdivide 38-acres of land into 173 single-family residential lots and a design review application for model house plans and front yard typical landscaping associated with the subdivision of 38-acres of land into 173 single-family residential lots ("Project"); and,
WHEREAS, the Project site is comprised of Assessor’s Parcel Numbers 612-260- 004, 612-060-006 and 612-260-012, 612-280-002, 612-280-003 AND 612-280-004 and is located east of Jackson Street between the future extension of Avenue 49 and Avenue 50; and,
WHEREAS, the City, in its capacity as the Lead Agency for the Project, has caused the preparation of an Initial Study (EA 21-04-556) pursuant to the provisions contained in the California Environmental Quality Act (CEQA), the Guidelines for Implementation of CEQA (State CEQA Guidelines) and the City of Indio CEQA Implementation Requirements, all as amended; and
WHEREAS, the Initial Study concluded that although the Project could have a significant effect on the environment, the potentially significant effects are avoided because revisions in the project were made or agreed to by the Applicant; therefore, a mitigated negative declaration (MND) and mitigation monitoring and reporting program (MMRP) were prepared for the Project. The Initial Study (EA 21-04-55) inclusive of the MND is on file with the community development department, included as an attachment to the March 23, 2022 Planning Commission staff report, and herein incorporated by this reference and
WHEREAS, on February 9, 2022, the City of Indio published and distributed a Notice of Intent to Adopt a Mitigated Negative Declaration for the Project providing for the receipt of public comments on said notice until March 1, 2022; and, WHEREAS, a notice of a public hearing for the Project before the Planning Commission was conducted in accordance with Section 159.905 of the Indio Municipal Code, inclusive of publication o f a p u b l i c h e a r i n g n o t i c e i n t h e M a r c h 1 1 , 2 0 2 2 e d i t i o n o f t h e Desert Sun, the City's
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 510 of 1319 -2
newspaper of record and mailing of a public hearing notice to a certified list of property owners within 300 feet ofthe subject properties on March 11, 2022; and, WHEREAS, on March 23, 2022, the Planning Commission held a duly noticed public hearing to consider the application for the Project during which evidence, both written and oral, including the staff report and supporting documents, was presented at said hearing. At the conclusion of the hearing, the Planning Commission adopted Resolution No. 2020 to recommend that the City Council approve the Environmental Assessment for TTM 38072 inclusive of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and,
WHEREAS, a notice of a public hearing for the Project before the City Council was conducted in accordance with Section 159.905 of the Indio Municipal Code, inclusive of publication o f a p u b l i c h e a r i n g n o t i c e i n t h e A p r i l 6 , 2 0 2 2 e d i t i o n o f t h e Desert Sun, the City's newspaper of record and mailing of a public hearing notice to a certified list of property owners within 300 feet ofthe subject properties on April 6, 2022; and,
WHEREAS, on April 6, 2022, the City Council held a duly noticed public hearing to consider the application for the Project during which evidence, both written and oral, including the staff report and supporting documents, was presented at said hearing. At the conclusion of the hearing, the City Council adopted this Resolution approving the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the recitals of this Resolution are true and correct, are incorporated into this Resolution by this reference and constitute a material part of this Resolution.
SECTION 2. Pursuant to the State CEQA Guidelines and the City of Indio CEQA Implementation Requirements, the MND and MMRP are consistent with the California Government Code, the Indio Code of Ordinances, compatible with the present and future logical growth of the area, and generally protects and promotes the public health, safety and welfare.
SECTION 3. The City Council finds, in its independent judgment after considering all the evidence in the record of proceedings for the Project, including without limitation the MND and testimony presented at the hearing, that there is no substantial evidence supporting a fair argument that the Project may have a significant, adverse environmental impact with implementation of the mitigation measures identified in the MND and included in the MMRP. Therefore, the City Council finds that the Project will not have cause a significant, unmitigated environmental effect.
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 511 of 1319 -3
SECTION 4. The City Council finds that the MND reflects the Commission’s independent judgment and analysis. The City Council has reviewed and considered the findings made in this Resolution and finds in its own independent judgment that they are based upon substantial evidence presented to the City Council in the record of the proceedings.
SECTION 5. The City Council has also reviewed and considered the MMRP for the Project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that the Program is designed to ensure compliance with the mitigation measures during Project implementation.
SECTION 6. The custodian of the documents for the Initial Study, MND, MMRP and all other materials which constitute the record of proceedings upon which the City Council decision is based is the Community Development Department of the City of Indio. Those documents are available for public review in the Development Services Department of the City of Indio located at 100 Civic Center Mall, Indio, California 92201, telephone number: (760) 391-4000.
SECTION 7. Based on the foregoing findings and all the evidence in the record, the City Council adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for Environmental Assessment (EA 21-04-556).
SECTION 8. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED, and ADOPTED this 20th day of April 2022.
WAYMOND FERMON
MAYOR
ATTEST:
CYNTHIA HERNANDEZ, CMC
CITY CLERK
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 512 of 1319 1 RESOLUTION NO. 10277
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 38072 (TTM 21-08-048) TO SUBDIVIDE THIRTY-EIGHT (38) ACRES COMPRISED OF ASSESSOR’S PARCEL NUMBERS 612-260- 004, 612-060-006 and 612-260-12, 612-280-002, 612-280-003 AND 612-280-004 LOCATED NORTHEAST OF THE AVENUE 50 AND JACKSON STREET INTERSECTION INTO ONE HUNDRED AND SEVENTY-THREE (173) SINGLE FAMILY RESIDENTIAL PARCELS WHEREAS, on November 12, 2021, Watermarke Homes, LLC submitted a tentative tract map application to subdivide 38-acres of land into 173 single-family residential lots ("Project"); and,
WHEREAS, the Project site is comprised of Assessor’s Parcel Numbers 612-260-004, 612-060-006 and 612-260-12, 612-280-002, 612-280-003 AND 612-280-004 and is located east of Jackson Street between the future extension of Avenue 49 and Avenue 50; and, WHEREAS, the Project is currently designated “Suburban Neighborhood” in the City’s adopted General Plan, which allows a mid-range residential density of up to 8 dwelling units per acre and is currently zoned “Residential Medium” (RM) that allows a maximum density of 8 dwelling units per acre; and,
WHEREAS, the applicant proposes a medium-density residential development consisting of 173 single family residential units with a density of 4.5 dwellings per acre a park, and four retention basins. The project offers five floor plans in both single- and twostory layouts with an average lot size of 6,348 square feet; and, WHEREAS, on February 9, 2022, the City of Indio published and distributed a Notice of Intent to Adopt a Mitigated Negative Declaration for the Project providing for the receipt of public comments on said notice until March 1, 2022; and, WHEREAS, a notice of a public hearing was conducted in accordance with Section 159.905 of the Indio Municipal Code, inclusive of publication o f a p u b l i c h e a r i n g n o t i c e i n t h e M a r c h 1 1 , 2 0 2 2 e d i t i o n o f t h e Desert Sun, the City's newspaper of record and mailing of a public hearing notice to a certified list of property owners within 300 feet ofthe subject properties on March 11, 2022; and,
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 513 of 1319 2 WHEREAS, on March 23, 2022, the Planning Commission held a duly noticed public hearing to consider the application for the Project during which evidence, both written and oral, including the staff report and supporting documents, was presented at said hearing.
At the conclusion of the hearing, the Planning Commission adopted Resolution No. 2018 to recommend that the City Council approve TTM 38072, subject to conditions of approval.
WHEREAS, a notice of a public hearing for the Project before the City Council was conducted in accordance with Section 159.905 of the Indio Municipal Code, inclusive of publication o f a p u b l i c h e a r i n g n o t i c e i n t h e A p r i l 6 , 2 0 2 2 e d i t i o n o f t h e Desert Sun, the City's newspaper of record and mailing of a public hearing notice to a certified list of property owners within 300 feet of the subject properties on April 6, 2022; and,
WHEREAS, on April 6, 2022, the City Council held a duly noticed public hearing to consider the application for the Project during which evidence, both written and oral, including the staff report and supporting documents, was presented at said hearing. At the conclusion of the hearing, the City Council adopted this Resolution approving Tentative Tract Map 38072 (TTM 21-08-048).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the recitals of this Resolution are true and correct and are incorporated into this Resolution by reference and constitute a material part of this Resolution.
SECTION 2. The project is subject to the requirements of the California Environmental Quality Act (CEQA). Pursuant to the CEQA Guidelines, an Initial Study has been prepared for the Project to analyze the environmental impacts of the project. As a result, no substantial adverse impacts were found that could not be mitigated to a level of less than significant. Therefore, the City has prepared a Mitigated Negative Declaration (MND) containing an evaluation of potential environmental impacts associated with the project and appropriate mitigation measures for each potential impact. All mitigation measures identified in the Mitigated Negative Declaration are identified in a Mitigation Monitoring and Reporting Program (MMRP) to ensure that implementation occurs. In a separate Resolution numbered 2020 herein incorporated by this reference, the Planning Commission recommends that the City, based on its own independent judgement and review of the record in full, adopt for the Project the MND and MMRP. Therefore, the Planning Commission finds that the Project will not cause a significant, unmitigated environmental effect.
SECTION 3. Based upon the evidence presented at the hearing and record of proceedings, including the staff report, the City Council hereby finds:
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 514 of 1319 3 A. The proposed map is consistent with Suburban Neighborhood (SN) land use designation of the adopted General. The SN land use designation is intended to provide low intensity neighborhood development that features a limited variety of housing choices. Uses are primarily single-family houses with small low intensity multi-family dwelling groupings organized along walkable streetscapes with commercial/retail activity nearby. Per the SN designation allowable primary uses are single-family residential, multi-family residential and parks and recreation with allowed development intensities of up to eight (8) dwelling units per acre (du/ac). The proposed Tentative Tract Map No. 38072 proposes the subdivision of certain real properties comprising 38-acres into 173 single-family residential lots with a density of 4.5 dwelling unit per acre.
B. The proposed subdivision is consistent with Policy LU-1.5 of the adopted General Plan that states: "Implement the strategies identified for each distinct subarea in Indio in this General Plan." The proposed project is within the Southern Neighborhoods subarea, which lie between the Central Neighborhoods and the Festival District, presenting the opportunity for a rural/resort lifestyle with easy access to the commercial and civic amenities of Midtown and Downtown and the entertainment offerings of the Festival District. This quiet, secluded living environment close to lndio's arts and entertainment hubs (the Festival grounds) provides these neighborhoods with a unique value proposition and can help support this Plan's primary goals for supporting the success of those important centers of community life. The Project is a lower density single-family residential development that will have a density of slightly less than half – 4.5 dwelling units per acre of what the maximum density of the project – 8 dwelling units per acre, could be.
C. The proposed subdivision is consistent with Policy LU-2.1 Walkable neighborhoods of the adopted General Plan. This policy specifies that all new neighborhoods should be pedestrian friendly by including features, such as short blocks, wide sidewalks, shaded streets, buildings that define and are oriented to streets or public spaces, traffic-calming features, convenient pedestrian street crossings, and safe streets designed for pedestrians, cyclists, and vehicles. The proposed subdivision has walkable block sections and internal sidewalks. There will be a condition of approval requiring the provision of shaded streets for compliance to Policy LU 7.7 of the adopted General Plan.
D. The project is consistent with Policy LU-5.5 Connections between development projects.
Require the continuation of the street network or pedestrian connections between adjacent development projects and discourage the use of cul-de-sacs except where necessary or due to existing development, topographic conditions or limited access to transportation systems. The proposed subdivision is surrounding by developed and undeveloped properties. The project will connect to existing neighborhoods to the west via current and to be constructed pedestrian infrastructure along the eastern portion of Jackson Street. There is an existing neighborhood to the east of the project site, however, the homes constructed prohibit a direct connection. The project will construct a half-street section of Avenue 49 to the north that will include pedestrian infrastructure to
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 515 of 1319 4 support connections to the immediate surrounding area. The project includes a limited number of cul-de-sacs developed in respond to existing development.
E. The project is consistent with Policy LU-7.1 Complete neighborhoods - Through the development entitlement process, ensure that all new Neighborhoods (areas with a “Neighborhood” General Plan Designation) are complete and well-structured such that the physical layout and land use mix promote walking to services, biking and transit use, are family friendly, and address the needs of multiple ages and physical abilities. New neighborhoods should have the following characteristics: • Contain short, walkable block lengths. • Contain a high level of connectivity for pedestrians, bicycles and vehicles where practicable. • Organize around a central focal point such as a park, school, civic building or neighborhood retail such that most homes are no more than one quarter-mile from this focal point. • Have goods and services within a short walking distance. • Contain a diversity of housing types, where possible. • Have homes with entries and windows facing the street. • Have a grid or modified grid street network (except where topography necessitates another street network layout). • Provide a diversity of architectural styles. The project will develop adjacent and interior infrastructure to support pedestrian and bicycle circulations. The project contains short, walkable block lengths. The project will be conditioned to provide interior sidewalks on a minimum of one side of the interior street network. The project proposes a 17,561 square foot neighborhood park. The project proposes one-story and two-story home product types.
The project has an interior street grid network.
F. LU-7.2 Balanced neighborhoods. Within the allowed densities and housing types, promote and allow for a range of housing and price levels within each neighborhood in order to accommodate diverse ages and incomes. For development projects larger than five acres, require that a diversity of housing types be provided and that these housing types be mixed rather than segregated by unit type. The proposed project is comprised of 173 single-family residential homes located in the southeast portion of the City adjacent to the City of Coachella. The homes will be one-story and two-story homes representing a mix of single-family housing product types. While the prices of these homes is not indicated the submitted documents, a review of Watermarke Homes’ website indicates that their current communities have prices in the $300,000 and $400,000 ranges.
G. The project is consistent with Policy LU-7.3 Housing affordability - Ensure affordable housing is distributed throughout the City to avoid concentrations of poverty and to be accessible to jobs. The proposed project is comprised of 173 single-family residential homes located in the southeast portion of the City adjacent to the City of Coachella.
While the prices of these homes is not indicated the submitted documents, a review of Watermarke Homes’ website indicates that their current communities have prices in the $300,000 and $400,000 ranges.
H. The project is consistent with Policy LU-7.4 Block size - Require new neighborhoods to be designed with blocks length ranging from 400 or less to 800 feet consistent with the
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 516 of 1319 5 General Plan place type. Exceptions can be made if mid-block pedestrian and bicycle connections are provided. Block lengths within the proposed subdivision range from 400 feet to 800 feet.
I. The project will be conditioned to be consistent with Policy LU-7.5 Provision of sidewalks - Except within designated Rural Estate areas, require sidewalks of at least five feet in width on at least one side of private and both sides of public streets in neighborhoods and prohibit obstructions, such as utility boxes, telephone poles, street signs, etc. that would impede sidewalk use.
J. The project will be conditioned to be consistent with Policy LU-7.6 Tree-lined streets - Require trees on both sides of at least 60 percent of new and existing streets within the project and on the project’s side of bordering streets, between the vehicle travel way and walkway at intervals averaging no more than 50-100 feet (excluding driveways and utility vaults). This standard shall apply whenever new streets are constructed or when existing streets and sidewalks are significantly rehabilitated with existing neighborhoods.
Ensuring the appropriate revenue stream to provide long-term maintenance.
K. The project will be conditioned to be consistent with Policy LU-7.7 Shaded sidewalks.
Require shade over at least 50 percent of the length of sidewalks on streets within a project. Trees must provide shade within five-years of landscape installation and should be as water efficient as possible.
L. The project will be conditioned to be consistent with Policy LU-7.8 - Gated communities.
Discourage the construction of new gated communities. When gated communities are allowed, require frequent pedestrian and bicycle connections between the gated community and surrounding areas at distances no more than 600 feet apart.
M. The proposed project is consistent with the housing priorities of the City of Indio 2014- 2021 Housing Element. Goal 3 of the Housing Element states "to provide adequate, suitable sites for residential use, development and maintenance of a range of housing that varies sufficiently in terms of cost, design, site, location and tenure to meet the housing needs of all economic segments of the community at a level which can be supported by the infrastructure." The proposed subdivision will provide 173 single family residential dwellings on appropriately zoned land supported by the existing infrastructure or to be constructed public and private utilities. It should also be noted that the City Departments and public utility agencies have reviewed the site to confirm the proposed project is supported by the infrastructure.
N. The proposed project and its proposed design and improvements are required to conform to the land uses and development standards of the Residential Medium (RM) zoning designation. All lots and residential structures shall comply with the development standards of the RM zoning designation. Accordingly, the proposed project, including the design and improvements, is consistent with the current zoning designation for the affected properties comprising the Project.
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 517 of 1319 6 O. The site is physically suitable for the type of development of single-family residential lots. The proposed project site is 38 acres in size. Subsection of 159.141 of the Indio Municipal Code specifies minimum lot sizes of 4,500 square feet for single-family residential land uses. The submitted tentative tract map specifies lots sizes in excess of this minimum lot area requirement. In addition, Subsection of 159.141 of the Indio Municipal Code specifies development standards for RM zoned properties that must be complied with at time of development of lots and homes. The project and its proposed design provides for adequate roadways and infrastructure that allows for the site to be physically suitable for residential development. Furthermore, the site has a minimal slope, all public services are available and there are no physical constraints. Therefore, it can be found that the proposed subdivision is physically suitable for thesite.
P. The site of the proposed subdivision contemplated under Tentative Tract Map No. 33072 is physically suitable for the proposed density of the development. The resulting 173 single-family residential lots comply with the applicable development standards of the Residential Medium (RM) zoning designation. The proposed Tentative Tract Map No. 38072 has a density of 4.5 dwelling units per acre, which is in conformance with the density provisions for the Suburban Neighborhood land use designation and the Residential Medium zoning designation. The site is adequate in shape and size to accommodate the proposed development.
Q. Pursuant to the requirements of the California Environmental Quality Act (CEQA) the Project was reviewed and found to have significant environmental impacts that will be reduced to levels that are less than significant with the application of project specific mitigation measures that are specified in the project Initial Study and Mitigated Negative Declaration pursuant to the provisions of Title 14, Division 6, Chapter 3, Article 6, Section 15074 of the California Environmental Quality Act. The project site is surrounded by urban uses and there is no presence of fish or wildlife or their habitat on this property. The project is therefore not likely to cause substantial environmental damage and within the City and provides no fish or significant wildlife habitat.
R. The proposed design of the subdivision or type of improvements contemplated by the proposed project are not likely to cause serious public health problems. The proposed project will be conditioned to ensure all common area structures, landscaping, sidewalks, parking lot surfacing, and all other improvements within the proposed project must be continually maintained in good condition and repair, all dead or dying landscape material must be replaced with new landscape material, and a security construction plan must be submitted. Compliance with these conditions will prevent the subdivision and its improvements from causing any public health problems for those that enter the development. Storm drainage, sanitary sewer, water, streets and all utilities are available to the site and have capacity to accommodate the project. The subdivision has been designed so the parcels have the necessary infrastructure to adequately serve the
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 518 of 1319 7 development and all proposed uses as allowed by the zoning ordinances that regulate the project. Accordingly, compliance with the applicable standards for the existing structures and the conditions of approval will prevent the proposed project from being detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.
S. The design or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision.
Public utilities for electricity, water, sewer, telecommunications, and gas service have all been assessed for availability. The access points to the proposed project have been reviewed and approved by the Fire Department and Public Works Department as part of the overall approval of the proposed project. Tentative Tract Map No. 38072 includes easements for roadways, drainage facilities, and utilities that will be recorded in the final map. There are no known public easements traversing the subject site that would be adversely affected by the proposed project. Therefore, the design of the subdivision will not conflict with easements acquired or required by the public at large, for access through or use of the property.
SECTION 4. Based on the foregoing, the City Council hereby approves Tentative Tract Map No. 38072 (TTM 21-08-048) with the following conditions of approval:
A. General Conditions of Approval:
The Applicant shall demonstrate full compliance to the following conditions of approval:
1. The Tentative Tract Map No. 38072 (TTM 21-08-048) approval granted by City Council Resolution shall expire in two (2) years after its approval, or as otherwise prescribed by the Subdivision Map Act and City of Indio Municipal Code.
2. An application for time extension shall be filed at least 45 days before the tentative map is due to expire. The Director of Community Development may grant a oneyear administrative extension of time provided that the property is properly maintained and free of weeds and debris. The City Council may approve additional extensions provided that the total extensions do not exceed the maximum time frames prescribed by the Subdivision Map Act.
3. In the event of any court action or proceeding challenging the approval of this resolution or otherwise challenging the approval of Tentative Tract Map No. 38072 (TTM 21-08-048), or the environmental determination conducted in conjunction with this tentative map approval, the Applicant shall defend, at its own expense, the action or proceeding. In addition, the Applicant shall reimburse the City for the City's cost of defending any such court action or proceeding. The Applicant shall also pay any award of costs, expenses and fees that the court having jurisdiction over such challenge makes in favor of any challenger and against the City. The Applicant shall
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 519 of 1319 8 cooperate with the City in any such defense as the City may reasonably request and may not resolve such challenge without the agreement of the City. In the event the Applicant fails or refuses to reimburse the City for its cost to defend any challenge, the City shall have the right, among other remedies, to revoke this approval. In order to ensure compliance with this condition, within twenty (20) days after notification by the City of the filing of any claim, action or proceeding to attack, set aside, void or annul the approval of this design review, the Applicant shall deposit with the City cash or other security in the amount of ten thousand dollars ($10,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to the City of all costs related to any action triggering the obligations of this condition. If the City is required to draw on that cash or security to indemnify or reimburse itself for such costs, the Applicant shall restore the deposit to its original amount within thirty (30)days after notice from the City. Additionally, if at any time the City Attorney determines that an additional deposit is necessary to secure the obligations of this section, the Applicant shall provide such additional security within thirty (30) days of notice from the City Attorney. The City shall promptly notify the Applicant of any claim, action or proceeding within the scope of this condition.
4. The Applicant shall deliver to the Community Development Department a cashier's check, money order or other acceptable form of payment made payable to the City of Indio in the amount of $2,598.00 to cover required fees to enable the City of Indio to file the CEQA Notice of Determination pursuant to California Code of Regulations Section 15094. Payment shall be submitted within five (5) days after approval of Tentative Tract Map No. 38072 (TTM 21-08-048) by the City Council.
5. The Applicant shall ensure that development shall occur substantially as shown on the Tentative Tract Map No. 38072 (TTM 21-08-048).
6. The Applicant shall, within thirty (30) calendar days after the City Council adopts a Resolution approving Tentative Tract Map No. 38072 (TTM 21-08-048) cause to be recorded against the property these and all related conditions of approval with the Riverside County Recorder.
7. The Applicant shall, within thirty (30) calendar days after the City Council adopts a Resolution approving Tentative Tract Map No. 38072 (TTM 21-08-048) submit to the Community Development Director written consent to all of the conditions of approval contained in the Resolution. Tentative Tract Map No. 38072 (TTM 21-08- 048) shall be void and of no force or effect unless such written consent is submitted to the City within the 30 calendar day period.
8. The final map shall be prepared by a licensed land surveyor or registered civil engineer subject to all requirements of the State of California Subdivision Map Act and the Indio Municipal Code.
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 520 of 1319 9 9. Each dwelling will require its own domestic water meter.
10. IWA requires a separate water meter with back flow assembly for landscape irrigation in common areas.
11. All new meter boxes shall be polymer with a 2-inch radio read port per IWA standards.
IWA requires an Advanced Meter Infrastructure (AMI) pole for this development.
12. The applicant shall complete the Landscape Documentation Package in accordance with the Water Efficient Landscape Development Standards Ordinance No. 1684.
13. For gated communities, applicant shall grant IWA full access.
14. Developer shall pay all applicable fees; submit forms and agreements per IWA development procedural guidelines for final plan approval.
15. IID will not begin any studies, engineering or estimate costs to provide electrical service to project, until the applicant submits a customer project application (available for download at http://www.iid.com/home/showdocument?id=12923) and detailed loading information, panel sizes, project schedule and estimated in-service date. Applicant shall bear all costs associated with providing electrical service to the project, including but not limited to the construction of distribution backbone feeders, distribution overhead and/or underground line extensions and conduit systems and upgrades, as well as applicable permits, zoning changes, landscaping (if required by the City) and rights-of-way and easements.
16. However, based on the preliminary information provided to the IID, the district can accommodate the power requirements of the project by extending a distribution backbone feeder (conduit and cable) and reconfiguring neighboring circuits.
17. The district's ability to provide service is based on current conditions, which may be impacted by future development in the area. It is important to note that a detailed and final study will be developed once a customer project application and loading calculations are received. This detailed information will allow IID to perform an accurate assessment and provide a full report of any potential impacts and mitigation measures. The conditions of service could change as a result of the additional studies.
18. Underground infrastructure that includes trenching, conduits, pull boxes, switch boxes, transformers, commercial meter panels, and pads should be installed following IID approved plans and within the public utility easement or a dedicated easement if applicable. Physical field installation of underground infrastructures should be verified and approved by an IID inspector prior to cable installation as per IID Developer's Guide (available for download at the district website
https://www.iid.com/home/showdocument?id= 14229 ).
19. IID Regulations governing line extensions can be found at:
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 521 of 1319 10 No. 2: (http://www.iid.com/home/showdocument?id=2540) No. 13: (http://www.iid.com/home/showdocument?id=2553)
No. 15: (http://www.iid.com/home/showdocument?id=2555)
No. 20: (http://www.iid.com/home/showdocument?id=2560)
No. 23: (https://www.iid.com/home/showdocument?id=17897)
20. For additional information regarding electrical service for the project, the applicant should be advised to contact the IID Energy - La Quinta Division Customer Operations, 81-600 Avenue 58 La Quinta, CA 92253, at (760) 398-5841 and speak with the project development planner assigned to the area.
21. It is important to note that IID's policy is to extend its electrical facilities only to those projects that have obtained the approval of a city or county planning commission and such other governmental authority or decision-making body having jurisdiction over said developments.
22. The applicant will be required to provide rights-of-way and easements for any power line extensions and overhead or underground infrastructure needed to serve the project.
23. Any construction or operation on IID property or within its existing and proposed right of way or easements including but not limited to: surface improvements such as proposed new streets, driveways, parking lots, landscape; and all water, sewer, storm water, or any other above ground or underground utilities; will require an encroachment permit, or encroachment agreement (depending on the circumstances). A copy of the 1ID encroachment permit application and instructions for its completion are available at https://www.iid.com/about-iid/department-directory/real-estate. The 11D Real Estate Section should be contacted at (760) 339-9239 for additional information regarding encroachment permits or agreements.
24. Relocation of existing IID facilities to accommodate the project or to accommodate street widening improvements imposed by the City will be deemed customer-driven and all costs, as well as securing of rights of way and easements for relocated facilities, shall be borne by the applicant.
25. Public utility easements over all private public roads and additional ten (10) feet in width on both side of the private and public roads shall be dedicated to 11D for the construction, operation, and maintenance of its electrical infrastructure.
26. Any new, relocated, modified or reconstructed IID facilities required for and by the project (which can include but is not limited to electrical utility substations, electrical transmission and distribution lines, etc.) need to be included as part of the land use permitting action's CEQA and/or NEPA documentation, environmental impact analysis and mitigation.
Failure to do so will result in postponement of any construction and/or modification of IID facilities until such time as the environmental documentation is amended and environmental impacts are fully mitigated. Any mitigation necessary as a result of the construction, relocation and/or upgrade of 11D facilities is the responsibility of the
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 522 of 1319 11 applicant/developer.
27. Dividing a project into two or more pieces and evaluating each piece in a separate environmental document (Piecemealing or Segmenting), rather than evaluating the whole of the project in one environmental document, is explicitly forbidden by CEQA, because dividing a project into a number of pieces would allow a Lead Agency to minimize the apparent environmental impacts of a project by evaluating individual pieces separately, each of which may have a less-than-significant impact on the environment, but which together may result in a significant impact. Segmenting a project may also hinder developing comprehensive mitigation strategies. In general, if an activity or facility is necessary for the operation of a project, or necessary to achieve the project objectives, or a reasonably foreseeable consequence of approving the project, then it should be considered an integral project component that should be analyzed within the environmental analysis. The project description should include all project components, including those that will have to be approved by responsible agencies. The State CEQA Guidelines define a project under CEQA as "the whole of the action" that may result either directly or indirectly in physical changes to the environment. This broad definition is intended to provide the maximum protection of the environment. CEQA case law has established general principles on project segmentation for different project types. For a project requiring construction of offsite infrastructure, the offsite infrastructure must be included in the project description. San Joaquin Raptor/Wildlife Rescue Center v. County of Stanislaus (1994) 27 Cal.App. 4th 713.
28. Applicant should be advised that landscaping can be dangerous if items are planted too close to IID's electrical equipment. In the event of an outage, or equipment failure, it is vital that IID personnel have immediate and safe access to its equipment to make the needed repairs. For public safety, and that of the electrical workers, it is important to adhere to standards that limit landscaping around electrical facilities. IID landscaping guidelines are available at https ://www.iid.com/ energy/vegetation-management.
29. For compliance to Policy LU 7.5 of the adopted General Plan, sidewalks of at least five feet in width shall be required on at least one side of private and both sides of public streets in neighborhoods and prohibit obstructions, such as utility boxes, telephone poles, street signs, etc. that would impede sidewalk use.
30. For compliance to Policy LU 7.6 of the adopted General Plan, trees shall be required at least 60 percent of new and existing streets within the project and on the project’s side of bordering streets, between the vehicle travel way and walkway at intervals averaging no more than 50-100 feet (excluding driveways and utility vaults).
31. For compliance to Policy LU 7.7 of the adopted General Plan, at least 50 percent of the length of sidewalks on streets within a project shall be shaded with trees that provide shade within 5-years of landscape installation and that are as water efficient as possible.
32. For compliance to Policy LU-7.8 of the adopted General Plan, if the Project is to be a gated community, frequent pedestrian and bicycle connections between the gated
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 523 of 1319 12 community and surrounding areas shall be at distances no more than 600 feet apart.
33. All lots and structures within Tentative Map 38072 shall comply with Subsection 159.141 (General Development Standards) of the Indio Municipal Code.
B. Prior to Final Map Approval:
Prior to final map approval, the Applicant shall demonstrate full compliance with the following conditions of approval:
1. The Applicant shall submit a copy of the Final Map to Coachella Valley Water District (CVWD) for their review and shall obtain a clearance letter from CVWD prior to recordation of the Final Map.
2. The Applicant shall submit for City approval the following items:
a. Final Parcel Map
b. Title Report (updated within at least 60 days)
c. Final Map Closure Calculations
d. Auto CAD & GIS Shape File for Final Parcel Map
e. All back-up information for map references (easement documents, maps, etc.)
3. The Final Parcel Map shall include:
a. Street names
b. Subdivision Improvement Agreement
c. Improvement bonds
4. Applicant shall provide a 10-foot public utility easement along both sides of the proposed streets in addition to over the entire street width.
5. Applicant shall form a property owners association for the maintenance of:
a. All interior and exterior common areas including landscaping. b. Graffiti abatement for the interior and exterior or the preceding areas. c. Maintenance of all frontage landscaping along the south side of Avenue 49 and the landscaping along Jackson Street (approximately 100 feet)
6. A copy of the Covenant, Conditions, and Restrictions (CC&Rs) shall be submitted to the Public Works Engineering Division and Community Development Department for review and approval with maintenance provision flagged.
7. The Covenants, Conditions and Restrictions shall be recorded prior to recordation of the final map.
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 524 of 1319 13 8. Applicant shall submit Avenue 49 Street Improvements plans and Avenue 49 and Jackson Street Traffic Signal plans for review and approval to City of Indio and City of Coachella, prior to the recordation of a Final Map.
9. Prior to recordation of the final map, the Applicant shall pay the total Quimby Act fees applicable to the project as calculated by the City and in accordance with all applicable City policies and practices, including Indio Municipal Code Section 156.130 et seq.
10.The Applicant shall annex the subdivision into the existing Community Facilities District 2004-1 for public facilities and/or public services. The Applicant shall cause a covenant to be recoded on all residential lots with the Tentative Tract map 38072 advising of the owner's obligation to participate in the Community Facilities District for said public facilities and/or public services.
11.Fire Department Access: Provide a site plan for fire apparatus access roads and signage. Access roads shall be provided to within 150 feet to all portions of all buildings and shall have an unobstructed width of not less than 24 feet. The construction of the access roads shall be all weather and capable of sustaining 75,000 lbs. over two axels for residential tract developments (CFC 503.1.1. and 503.2.1 as amended by the City of Indio)
12.Traffic Calming Devices: Requests for installation of traffic calming designs/devices on fire apparatus access roads are prohibited unless submitted and approved by the Office of the Fire Marshal (CFC 503.4.1)
13.Phased Construction Access: If construction is phased, each phase shall provide approved access for fire protection prior to any construction. (CFC 503.1) C. Prior to Issuance of a Building Permit:
Prior to issuance of a building permit, the Applicant shall demonstrate full compliance with the following conditions of approval:
1. Applicant shall be responsible for installing the traffic signal at Avenue 49 and Jackson Street prior to the issuance of the 100th Building Permit or within three (3) years from date of the Subdivision Improvement Agreement, whichever comes first.
2. Tract Water Plans: Fire hydrants are required to be installed. Applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval prior to building permit issuance. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. (Ref CFC 2019 507.5.1,
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 525 of 1319 14 105.4.1).
3. Residential Fire Sprinklers: Residential fire sprinklers are required in all one and two family dwellings per the California Residential Code. Plans must be submitted to the Fire Department for review and approval prior to installation (CRC 313.2).
4. Construction Permits Fire Department Review: Submittal of construction plans to the Office of the Fire Marshal for development, construction, installation and operational use permitting will be required. Final fire and life safety conditions will be addressed when the Office of the Fire Marshal reviews these plans. These conditions will be based on occupancy, use, California Building Code, California Fire Code, and related codes, which are in effect at the time of building plan submittal.
D. Prior to Issuance of a Grading Permit:
Prior to issuance of a grading permit, the Applicant shall demonstrate full compliance with the following conditions of approval:
1. Applicant shall comply with National Pollution Discharge Elimination System (NPDES) requirements per state regulations, contact information is as follows:
California Regional Water Quality Control Board
(RWQCB), Colorado River Basin Region,
73-720 Fred Waring Drive
#100 Palm Desert, CA 92260
(760) 346-7491
www.waterboards.ca.gov/coloradoriver
*Please note: Prior to the issuance of any grading permit, a copy of the NOI (Notice of Intent) and the WDID# (Waste Discharge Identification No.), shall be filed with the City of Indio’s Engineering Division.
2. Applicant shall submit PM10 (Dust Control) implementation plans for City approval. Also to South Coast Air Quality Management District (SCAQMD) for grading plans greater than 10 acres in size. For further information contact the:
South Coast Air Quality Management District
(SCAQMD) 21865 Copley Drive
Diamond Bar, CA 91765
(800) CUT-SMOG (288-
7664)
3. Applicant shall submit a Water Quality Management Plan for City approval prior to the issuance of any grading permit.
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 526 of 1319 15 4. Applicant shall submit for City approval the following items:
a. Precise grading plans – shall include the street address for each lot and building foot print
b. Rough grading plans
c. Soils report
d. Hydrology Report
5. Retaining walls or stacking block shall be required at elevational differences greater than 12 inches between lots throughout the project and in relation to adjacent boundary properties (if applicable), as reviewed and approved by the Building and Safety Division.
6. Applicant shall use Riverside County Flood Control District standards and submit local onsite and regional hydrology, hydraulic storm calculations for City review and approval.
7. Applicant shall provide on-site storm water retention basin(s) or system(s) designed to the satisfaction of the City Engineer. Each retention basin shall include a sufficient number of underground vertical drywells, Maxwell Plus or equivalent, designed to eliminate standing water in the basin. The retention basin(s) or system(s) shall be sized to retain all post-development storm water runoff within the limits of the project based on a 100-year storm event of 24-hour duration and shall completely drain/percolate any storm event within 72 hours. All upstream runoff from adjacent properties that has historically been directed onto the proposed project may be considered to pass through the project with the exception of historical retention that occurred on-site. The retention basin shall be designed, per Standard Plan No. 130. with a maximum depth of 5 feet (with a one foot minimum freeboard) and maximum side slopes of 3:1 and shall not be used for purposes other than for the collection of storm water, nuisance water and well blow-off water.
8. The design of the project lot pads, street improvements and the storm drainage improvements shall be design coordinated with all adjacent projects or properties to the satisfaction of the City Engineer.
9. All grading and pad elevations will be subject to approval of the Community Development Director and the City Engineer based on grading plans and additional information to be submitted during plan check. Pad elevations shown on the Tentative Tract Map No. 38072 are for reference only and may be required to be changed.
10. Street addresses shall be shown on Precise Grading Plans.
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 527 of 1319 16 E. Prior to Issuance of a Certificate of Occupancy:
Prior to issuance of a Certificate of Occupancy, the Applicant shall demonstrate full compliance with the following conditions of approval.
1. Applicant shall:
a. Dispose of all concrete and asphalt removals from the proposed project to an approved recyclable site.
b. Applicant shall provide City of Indio Public Works Department with a copy of receipt showing tonnage for the disposal of recyclable concrete and asphalt. c. Dispose of all material removals from the proposed project to an approved disposal site.
2. Applicant shall submit landscape and irrigation plans for City approval.
3. Applicant shall submit for City approval the following items:
a. Street Improvement Plans
b. Streetlight plans
c. Signage and Striping plans
4. Applicant shall construct full off-site street improvements on the following streets:
a. Jackson Street, east half street improvements along the property frontage (approximately 100 feet) plus tapers in and out from the approximately 100 feet.
b. Avenue 49, full street improvements along the property frontage, and connecting to Jackson Street
5. The improvements shall include construction of asphalt concrete pavement, curb/gutter, sidewalk, streetlights, storm drain system (catch basins, storm drain pipe, etc.), traffic signal and fully landscaped and irrigated parkways along the property frontage.
A p p l i c a n t w i l l n o t b e r e s p o n s i b l e f o r i n s t a l l i n g a n y s t o r m d r a i n s a l o n g t h e J a c k s o n S t r e e t f r o n t a g e .
6. Jackson Street shall be constructed as a 4-Lane Boulevard with striped median, 44 feet from centerline to property line and 32 feet from centerline to curb.
7. Avenue 49 shall be constructed as a 2-lane collector with a striped median, 70 feet from property line to property line and 46 feet from curb to curb.
8. All off-site street improvements including energizing of street lights and installation of irrigation and landscaping along:
a. Jackson Street & Avenue 49 shall be constructed and accepted by the City prior to
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 528 of 1319 17 issuance of a temporary or permanent certificate of occupancy.
9. Dedicate the required right-of-way along: Jackson Street and Avenue 49 per City of Indio General Plan Mobility Element Requirements.
10. Applicant shall obtain an encroachment permit prior to starting any street improvements within public right-of-way.
11. All street knuckles shall be per City of Indio Standard Plan No. 142, and street cul-desacs per City of Indio Standard Plan No. 140.
12. Applicant shall install End of Roadway at the east end of Avenue 49 per City of Coachella’s standard. If the City of Coachella does not have a standard, then City of Indio Standard Plan No. 173 shall be used.
13. The proposed entrances located off of Avenue 49 and Jackson Street shall have a minimum stacking room for five vehicles with acceptable turn around.
14. The minimum grade on all proposed streets shall be 0.50%.
15. The corner cutback at the intersections shall comply to City standards and to the satisfaction of the City’s Traffic Engineer.
16. The minimum curb return radius for public streets shall be shall be:
R = 35 feet and for
Private streets R=20
17. The minimum street width for proposed Private Streets shall be 41 feet.
18. Provide sight distance at all street intersections acceptable to the City’s Traffic Engineer.
19. The proposed project shall comply with American with Disabilities Act (ADA) requirements.
20. All improvements shall comply with City standards, requirements and policies.
21. Applicant is required to construct all transition and missing links between existing and proposed improvements.
22. All overhead utilities less than 92kv, located within the project boundaries, bordering the project and/or fronting the project shall be undergrounded.
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 529 of 1319 18 23. Applicant shall provide financial guarantee for the installation of the traffic signal in the form of an improvement bond.
24. Applicant shall coordinate the proposed project access driveway on Jackson Street with the adjacent properties to address conflict with the existing driveways.
25. Prior to water service activation, all water infrastructure in the final approved plans must be constructed and must have a Council approved Water Agreement and Easement, if applicable.
26. Prior to the issuance of a landscape water meter, the applicant must have a complete set of landscape plans signed and approved by the IWA.
27. Knox Box and Gate Access: All electronically operated gates shall be provided with Knox key switches and automatic sensors for access. The minimum gate width is 14 feet (CFC 506.1).
28. Residential Addressing: All residential dwellings shall display street numbers, minimum six inch numerals, in a prominent location on the street side of the residence (CFC 505.1 and TP #07-01).
SECTION 5. Based on the foregoing findings and all the evidence in the record, the City Council adopts Resolution 10277 approving Tentative Tract Map 38072 (TTM 21-08-048).
SECTION 6. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED, and ADOPTED this 20th day of April 2022.
WAYMOND FERMON
MAYOR
ATTEST:
CYNTHIA HERNANDEZ, CMC
CITY CLERK
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Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 532 of 1319
MEADOWLARK PLACE MEADOWLARK PLACE HERON PLACE
AVENUE 49
RAVEN LANE
1 2
3 4
5 6
7 8
91011 32 33 34 35 36 37 38 39 40 41 42 4344 45 46 47 48 49 50 51 52 53 54 55 56575859606162 108 107 106 105 104 103 102 101 100 99 98 97 96 95 151 150 149 148 147 146 145 6867666564 63 7071727374 80 7978777675 818283848586 90898887 91929394 114 113 112 111 110 109 116 117 118 119 120 124 115 123 122 121 125 126 127 128 135 134 136 137 138139 140 141 142 143 144 129 130 131 132 133 156 155 154 153 158 159 160 161 152 157 27 28 29 30 31 25 24 23 22 17 18 19 20 26 21 15 14 13 12 16 164 165 166 167 168 169 170 171 173 69 172 JACKSON STREET ALULA WAY ORIOLE PLACE MOCKINGBIRD WAY
VERIO WAY
PLUME FEATHER DRIVE
FLAMENCO WAY KINGFISHER CT.
TATTLER LANE
PINTAIL LANE
THRUSH WAY SEAGULL PLACE
CUERVO WAY QUILL ROAD
VERDIN LANE SONG SPARROW PLACE 163 162 IN THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA VICINITY MAP HEI C O N S U L T I N G TEC w w w . h e i t e c i n c . c o m Suite 309 777 East Tahquitz Canyon Way Palm Springs, California 92262 Phone: 760.340.9060 SITE AVE 49 TTM 38072 APRIL 29, 2021 PHASING EXHIBIT PHASE 1: PHASE 2: PHASE 3: PHASE 4: PHASE 5: 31 LOTS - TRACT NO. 38072-1 36 LOTS - TRACT NO. 38072-2 32 LOTS - TRACT NO. 38072-3 37 LOTS - TRACT NO. 38072-4 37 LOTS - TRACT NO. 38072 - FINAL
Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 533 of 1319
50.00'
5.92' 56.51' 56.51'
50.00' 56.84' 0.33'
46.00' 45.65' 48.66'
1.94' 1.00' 54.50' 54.00'
46.00'
2.00' 0.50' 46.58' 47.58' 1.51'
38.04'
2.00' 46.58' 47.58' 46.91' 0.49'
45.04'
9.00'
36.04' 46.91' 75.50' 7.76' 20.83'
20.67' 20.00'
20.00'
HEI
C O N S U L T I N G
TEC w w w . h e i t e c i n c . c o m
Suite 309
777 East Tahquitz Canyon Way
Palm Springs, California 92262
Phone: 760.340.9060
OF SHEETS AVENUE 49
RETENTION
BASIN
JACKSON STREET
170
171
172
173
169
26 25 24 23 22
17 18 19 20 21
12 16 15 14 13
ALULA WAY
HERON PLACE 8 9
10 11 1 2 3 4 5 6 7 PLUME FEATHER DRIVE
RETENTION
BASIN
PHASE 2
SHEET 3
PHASE 1
SHEET 2 RAVEN LANE FLAMENCO WAY
MEADOWLARK PLACE
SONG SPARROW PLACE
141
144
147
155
146
143
142
140
139
138
137
149 148 151 150
154
153
152
156
161
160
159
158
157
164
165
166
167
168
27 28 29 30
31 163
162
MEADOWLARK PLACE TATTLER LANE
KINGFISHER
COURT
MOCKINGBIRD WAY VERIO WAY
145 RETENTION
BASIN
PARK
108 107 106
129
130
131
120 109
119 110
128 121 118 111
117 112
116 113
115 114
127 122
126 123
125 124
132
133
136
135 134
32 33 34 35 36 37 38 39 40 41
ORIOLE PLACE PINTAIL LANE THRUSH WAY VERDIN LANE
QUILL ROAD CUERVO WAY
SEAGULL PLACE
RETENTION
BASIN
105 104 103 102 101 100 99 98 97 96 95
94 87 86 75 74 63
93 88
92 89
91 90
62 85 76
84 77
83 78
82 79
81 80
73 64
72 65
71 66
70 67
69 68
42 47 4849 50 51 52 53 54
55 43 46
44 45
56 57
58 59
60 61
CITY OF COACHELLA
CITY OF INDIO CITY OF INDIO CITY OF COACHELLA 0.33'
PHASE 3
SHEET 4
PHASE 4
SHEET 5
PHASE 5
SHEET 6 ZONE RM RESIDENTIAL MEDIUM DISTRICT
ZONE A-T
AGRICULTURAL TRANSITION
ZONE R-S
RESIDENTIAL SINGLE FAMILY
ZONE RM
RESIDENTIAL MEDIUM DISTRICT
ZONE RM
RESIDENTIAL MEDIUM DISTRICT ZONE R-S RESIDENTIAL SINGLE FAMILY ZONE R-S RESIDENTIAL SINGLE FAMILY ZONE RM RESIDENTIAL MEDIUM DISTRICT Page 31 of 816 AGENDA ITEM #10.3 Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 534 of 1319 HEI
C O N S U L T I N G
TEC w w w . h e i t e c i n c . c o m
Suite 309
777 East Tahquitz Canyon Way
Palm Springs, California 92262
Phone: 760.340.9060
OF SHEETS
LOT 172
PLAN 2R
RAVEN LANE
PLUME FEATHER DRIVE ALULA WAY JACKSON STREET
LOT 17
PLAN 4R
LOT 18
PLAN 1R
LOT 19
PLAN 3 ALT-R
LOT 20
PLAN 2R
LOT 8
PLAN 2R
RETENTION
BASIN
LOT 9
PLAN 3
LOT 10
PLAN 4R
LOT 11
PLAN 3 ALT
LOT 173
PLAN 1
LOT 171
PLAN 2
LOT 170
PLAN 3
LOT 169
PLAN 4R
LOT 26
PLAN 2
LOT 25
PLAN 1R
LOT 24
PLAN 1
LOT 23
PLAN 3R
LOT 16
PLAN 1
LOT 15
PLAN 2R
LOT 14
PLAN 1R
LOT 13
PLAN 3
LOT 1
PLAN 3R
LOT 2
PLAN 2R
LOT 3
PLAN 5
LOT 4
PLAN 4R
LOT 5
PLAN 1
LOT 6
PLAN 2
LOT 22
PLAN 4R
LOT 21
PLAN 3
LOT 12
PLAN 4R
LOT 7
PLAN 3
MEADOWLARK PLACE
AVENUE 49 HERON PLACE
ZONE RM
RESIDENTIAL MEDIUM DISTRICT ZONE RM RESIDENTIAL MEDIUM DISTRICT Page 32 of 816 AGENDA ITEM #10.3 Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 535 of 1319
RAVEN LANE
FLAMENCO WAY MEADOWLARK PLACE SONG SPARROW PLACE
LOT 141
PLAN 2
LOT 144
PLAN 2
LOT 147
PLAN 2R
LOT 155
PLAN 4 CITY OF COACHELLA
LOT 146
PLAN 4
LOT 143
PLAN 1R
LOT 142
PLAN 3
LOT 140
PLAN 1R
LOT 139
PLAN 4
LOT 138
PLAN 5
LOT 137
PLAN 4R
LOT 148
PLAN 4
LOT 149
PLAN 1R
LOT 150
PLAN 2R
LOT 151
PLAN 3
LOT 154
PLAN 2R
LOT 153
PLAN 1
LOT 152
PLAN 4R
LOT 156
PLAN 3
LOT 161
LOT 160 PLAN 4
PLAN 2R
LOT 159
PLAN 2
LOT 158
PLAN 1R
LOT 157
PLAN 4R
LOT 164
PLAN 4
LOT 165
PLAN 2R LOT 166
PLAN 4
LOT 167
PLAN 2R
LOT 168
PLAN 3
LOT 29
PLAN 1R
LOT 28
PLAN 3
LOT 27
PLAN 4R
LOT 30
PLAN 2
LOT 31
PLAN 4
LOT 163
PLAN 2R
LOT 162
PLAN 1R
HEI
C O N S U L T I N G
TEC w w w . h e i t e c i n c . c o m
Suite 309
777 East Tahquitz Canyon Way
Palm Springs, California 92262
Phone: 760.340.9060
OF SHEETS
AVENUE 49
RETENTION
BASIN ZONE A-T AGRICULTURAL TRANSITION Page 33 of 816 AGENDA ITEM #10.3 Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 536 of 1319
CITY OF COACHELLA
HEI
C O N S U L T I N G
TEC w w w . h e i t e c i n c . c o m
Suite 309
777 East Tahquitz Canyon Way
Palm Springs, California 92262
Phone: 760.340.9060
OF SHEETS MEADOWLARK PLACE
TATTLER LANE
LOT 108
PLAN 4-3
LOT 115
PLAN 4R
LOT 128
PLAN 1
LOT 136
PLAN 3R
LOT 131
PLAN 3 ALT-R
LOT 145
PLAN 3R
RETENTION
BASIN KINGFISHER COURT
VERIO WAY MOCKINGBIRD WAY SONG SPARROW PLACE SEAGULL PLACE PARK
RETENTION
BASIN
LOT 135
PLAN 2
LOT 134
PLAN 4R
LOT 133
PLAN 4
LOT 132
PLAN 4
LOT 130
PLAN 4
LOT 129
PLAN 3R
LOT 121
PLAN 1R
LOT 127
PLAN 3
LOT 122
PLAN 3
LOT 126
PLAN 2R
LOT 123
PLAN 2R
LOT 125
PLAN 4R
LOT 124
PLAN 4
LOT 32
PLAN 3 ALT-R
LOT 33
PLAN 5
LOT 34
PLAN 2R
LOT 35
PLAN 1
LOT 36
PLAN 4-3R
LOT 37
PLAN 1
LOT 38
PLAN 4R
LOT 39
PLAN 2
LOT 116
PLAN 3 ALT-R
LOT 117
PLAN 4-3
LOT 118
PLAN 3 ALT-R
LOT 119
PLAN 2
LOT 120
PLAN 4 ZONE A-T AGRICULTURAL TRANSITION ZONE RM RESIDENTIAL MEDIUM DISTRICT Page 34 of 816 AGENDA ITEM #10.3 Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 537 of 1319 HEI
C O N S U L T I N G
TEC w w w . h e i t e c i n c . c o m
Suite 309
777 East Tahquitz Canyon Way
Palm Springs, California 92262
Phone: 760.340.9060
OF SHEETS MEADOWLARK PLACE
PINTAIL LANE
LOT 107
PLAN 1
THRUSH WAY SEAGULL PLACE
LOT 114
PLAN 4 LOT 40
PLAN 4R
LOT 47
PLAN 5 ORIOLE PLACE QUILL ROAD
LOT 113
PLAN 4-3R
LOT 112
PLAN 3 ALT
LOT 111
PLAN 2R
LOT 110
PLAN 1
LOT 109
PLAN 3R
LOT 106
PLAN 3R
LOT 105
PLAN 2
LOT 104
PLAN 1
LOT 41
PLAN 4
LOT 42
PLAN 5R LOT 43
PLAN 3R
LOT 44
PLAN 4
LOT 91
PLAN 2R
LOT 92
PLAN 3R
LOT 93
PLAN 4-3
LOT 94
PLAN 2
LOT 103
PLAN 5
LOT 102
PLAN 4R
LOT 101
PLAN 1
LOT 87
PLAN 4R
LOT 88
PLAN 4
LOT 89
PLAN 4-3
LOT 90
PLAN 4
LOT 45
PLAN 2R
LOT 46
PLAN 3
LOT 48
PLAN 4-3
LOT 49
PLAN 4R
LOT 81
PLAN 4R
LOT 82
PLAN 1R LOT 83
PLAN 3
LOT 84
PLAN 1R
LOT 85
PLAN 2
LOT 86
PLAN 3 CITY OF COACHELLA ZONE A-T AGRICULTURAL TRANSITION ZONE R-S RESIDENTIAL SINGLE FAMILY ZONE RM RESIDENTIAL MEDIUM DISTRICT Page 35 of 816 AGENDA ITEM #10.3 Resolution No. 10276, adopting a Mitigated Negative Declaration and Miti... Page 538 of 1319 HEI
C O N S U L T I N G
TEC w w w . h e i t e c i n c . c o m
Suite 309
777 East Tahquitz Canyon Way
Palm Springs, California 92262
Phone: 760.340.9060
OF SHEETS
PINTAIL LANE
LOT 100
PLAN 3 ALT-R
RETENTION
BASIN
THRUSH WAY SEAGULL PLACE QUILL ROAD
LOT 75
PLAN 3R
LOT 51
PLAN 2 CITY OF COACHELLA ZONE R-S RESIDENTIAL SINGLE FAMILY ZONE RM RESIDENTIAL MEDIUM DISTRICT
ZONE RM
RESIDENTIAL MEDIUM DISTRICT
LOT 99
PLAN 4-3
LOT 98
PLAN 4R
LOT 76
PLAN 4-3
LOT 97
PLAN 2
LOT 96
PLAN 3R
LOT 74
PLAN 4
LOT 73
PLAN 3
LOT 72
PLAN 2R
LOT 95
PLAN 1R
LOT 62
PLAN 4R
LOT 61
PLAN 1
LOT 63
LOT 64 PLAN 4R
LOT 65 PLAN 3
PLAN 1R
LOT 60
PLAN 2R
LOT 59
PLAN 4
LOT 58
LOT 57 PLAN 1R
PLAN 1
LOT 56
PLAN 5
LOT 55
PLAN 5R
LOT 54
PLAN 2
LOT 50
PLAN 3R
LOT 80
PLAN 2 LOT 79
PLAN 4R
LOT 78
PLAN 4-3
LOT 77
PLAN 3R
LOT 71
PLAN 1 LOT 7O
PLAN 3R
LOT 69
PLAN 4R
LOT 52
PLAN 4R
LOT 53
PLAN 3
LOT 68
PLAN 4
LOT 67
PLAN 4R
LOT 66
PLAN 4
Initial Study/Mitigated Negative Declaration
City of Indio Coco Palms/TTM 38072
August 2021 Initial Study/Mitigated Negative Declaration 1 INITIAL STUDY/MITIGATED NEGATIVE
DECLARATION
Project Title: Coco Palms/TTM 38072
Case No.
Environmental Assessment EA 21-04-556
Tentative Tract Map TTM 21-04-481
Design Review DR 21-04-487
Assessor’s Parcel No. 612-260-004, -006, -012; 612-280-003, -004 Lead Agency Name and
Address:
City of Indio
100 Civic Center Mall
Indio, CA 92201
Project Location: East side of Jackson Street between Avenue 49 and Avenue 50.
Project Sponsor’s Name and
Address:
David Cooper
Coco Palms 27 LLC
1505 S. D Street, Ste 200
San Bernardino, CA 92408
General Plan Designation(s): Suburban Neighborhood
Zoning: RM Residential Medium District
Contact Person:
Leila Namvar
City of Indio
100 Civic Center Mall
Indio, CA 92201
Phone Number: (760) 391-4064
Date Prepared August 2021
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City of Indio Coco Palms/TTM 38072
August 2021 Initial Study/Mitigated Negative Declaration 2 Table of Contents
CHAPTER 1: INTRODUCTION.....................................................................................................................4 CHAPTER 2: ENVIRONMENTAL ANALYSIS AND DETERMINATION ...........................................15 I. AESTHETICS ................................................................................................................................. 18 II. AGRICULTURAL AND FORESTRY RESOURCES................................................................... 22 III. AIR QUALITY................................................................................................................................ 24 IV. BIOLOGICAL RESOURCES......................................................................................................... 30 V. CULTURAL RESOURCES............................................................................................................ 33 VI. ENERGY ......................................................................................................................................... 35 VII. GEOLOGY AND SOILS ................................................................................................................ 37 VIII. GREENHOUSE GAS EMISSIONS................................................................................................ 41 IX. HAZARDS AND HAZARDOUS MATERIALS ........................................................................... 45 X. HYDROLOGY AND WATER QUALITY .................................................................................... 49 XI. LAND USE AND PLANNING....................................................................................................... 54 XII. MINERAL RESOURCES............................................................................................................... 55 XIII. NOISE.............................................................................................................................................. 56 XIV. POPULATION AND HOUSING.................................................................................................... 60 XV. PUBLIC SERVICES ....................................................................................................................... 61 XVI. RECREATION................................................................................................................................ 64 XVII. TRANSPORTATION...................................................................................................................... 65 XVIII. TRIBAL CULTURAL RESOURCES ............................................................................................ 72 XIX. UTILITIES AND SERVICE SYSTEMS ........................................................................................ 74 XX. WILDFIRE ...................................................................................................................................... 78 XXI. MANDATORY FINDINGS OF SIGNIFICANCE......................................................................... 80
LIST OF EXHIBITS
Exhibit 1 Regional Location Map......................................................................................................................6 Exhibit 2 Vicinity Map ......................................................................................................................................7 Exhibit 3 Project Location Map.........................................................................................................................8 Exhibit 4 Tentative Tract Map 38072................................................................................................................9 Exhibit 5 Typical Single-Story Floorplan........................................................................................................10 Exhibit 6 Typical Single-Story Elevation........................................................................................................11 Exhibit 7 Typical Two-Story Floor Plan .........................................................................................................12 Exhibit 8 Typical Two-Story Elevation...........................................................................................................13
LIST OF TABLES
Table 1 Maximum Daily Construction-Related Emissions Summary (pounds per day)..............................26 Table 2 Maximum Daily Operational-Related Emissions Summary (pounds per day)................................27 Table 3 Localized Significance Thresholds Emissions (pounds per day).....................................................28 Table 4 Projected GHG Emissions Summary...............................................................................................43 Table 5 Water Demand at the Project Buildout ............................................................................................51 Table 6 Construction Equipment Noise Levels ............................................................................................58
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City of Indio Coco Palms/TTM 38072
August 2021 Initial Study/Mitigated Negative Declaration 3 Table 7 Project Student Generation ..............................................................................................................63 Table 8 Intersection Analysis Locations.......................................................................................................66 Table 9 Project Trip Generation Summary ...................................................................................................66 Table 10 Intersection Analysis, EAPC (2023)................................................................................................68 Table 11 Estimated Solid Waste Disposal at the Project Buildout .................................................................78
APPENDICES
Appendix A Air Quality and GHG Modeling .................................................................................................83 Appendix B Traffic Impact Analysis...............................................................................................................84 Appendix C Cultural Resources Monitoring Report (2015) ...........................................................................85 Appendix D Paleontological Monitoring Report (2015).................................................................................86
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City of Indio Coco Palms/TTM 38072
August 2021 Initial Study/Mitigated Negative Declaration 4 CHAPTER 1: INTRODUCTION
Project Location
The proposed Coco Palms residential development project (referred to hereafter as the Project and/or Proposed Project) is located on the east side of Jackson Street between Avenue 49 and Avenue 50 in the City of Indio, Riverside County, California (Exhibits 1 and 2).
The site was graded in 2015 as part of a previously approved project (Las Plumas) and is currently vacant with sparse vegetative regrowth. The project site is irregular in shape, and is bordered by Avenue 49 to the north, a mix of single-family residences and agricultural lands (transitional zone) to the east, single family residences and vacant lands to the south, and Jackson Street, scattered single family homes and vacant lands to the west. (Exhibit 3). The site is located on Assessor’s Parcel Numbers (APN) 612-260-004, -006, -012, 612-280-003, -004 and is approximately 38 acres.
Project Description
The site is currently designated “Suburban Neighborhood” in the City’s 2040 General Plan, which allows a mid-range residential density of up to 8 DU/AC. The City’s Zoning Map, which was last updated in 2009, currently designates the site as “Residential Medium” (RM) and also allows a density of up to 8 DU/AC. The applicant proposes a medium-density residential development consisting of 173 single family residential units (4.5 DU/AC), a park, and four retention basins (Exhibit 4).
The project offers five floor plans in both single- and two-story layouts with an average lot size of 6,348 square feet. There are 3 single-story floor plans that range from 2,024 to 2,534 square feet, have a maximum height of 18 feet 2 inches, offer up to 4 bedrooms, a 2-bay garage, and an optional family suite or casita. There are 2 two-story floor plans that range from 2,827 to 3,212 square feet, have a maximum height of 26 feet, offer up to 6 bedrooms, a 2-bay garage (attached or detached), and options for an elevator and/or a 3-bay garage (Exhibits 5 and 8).
The Project also includes private drive aisles with 3 entrances/exits accessible via Jackson Street and Avenue 49. One access point is located on Jackson Street at Plume Feather Drive, and two access points are located on Avenue 49 at Heron Place and Song Sparrow Place. Primary access will occur on Avenue 49 at Song Sparrow Place. The Project will construct Avenue 49 as a 2‐lane local roadway (40 feet curb‐to‐curb width) from Jackson Street to the Project’s easterly site boundary. The Project applicant is also responsible for several transportation-related improvements in the Project area, including the installation of a traffic signal at Jackson Street and Odlum Drive/Avenue 49. A full list of improvements is discussed in Section XVII Transportation.
In addition to this Environmental Assessment (EA 21-04-556), a Tentative Tract Map (TTM 21-04- 481) and Design Review application (DR 21-04-487) have been submitted for this Project.
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City of Indio Coco Palms/TTM 38072
August 2021 Initial Study/Mitigated Negative Declaration 5 Utilities and Service Providers
The following agencies and companies will provide service to the project site:
1. Sanitary Sewer: Valley Sanitary District (VSD)
2. Water: Indio Water Authority (IWA)
3. Electricity: Imperial Irrigation District (IID)
4. Gas: Southern California Gas Company
5. Telephone: Frontier Communications, Spectrum
6. Trash disposal: Burrtec Waste and Recycling Services Existing facilities for these utilities occur adjacent to the Project site. All extensions to these facilities occur in existing disturbed right-of-way. Connections will therefore not impact the native environment.
Surrounding Land Uses:
North: Avenue 49, (City of Coachella) single family residences South: Single family residences, vacant lot, church parking lot East: (City of Coachella) Single family residences, transitional agricultural land (to non-agricultural) West: Jackson Street, single family residences, vacant land Other public agencies whose approval is required.
None.
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RegionalLocationMap
Indio,California
08.13.21 Exhibit
Coachella
CathedralCity
PalmSprings
DesertHotSprings
PalmDesert
RanchoMirage
LaQuinta
IndianWells
Indio
CALIFORNIA
RIVERSIDECOUNTY
PACIFIC
OCEAN
MEXICO
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ocoPalms
Exhibit
VicinityMap
Indio,California
2 Source:GoogleMaps,2019
WashingtonSt
WashingtonSt
JeffersonSt
MadisonSt
MonroeSt
HarrisonSt
MontereyAve
CookSt
FredWaringDr
Ave48
Ave50
Ave40
DillonRd
Ave52
IndioBlvd
AirportBlvd
CountryClubDr
GeraldFordDr
RANCHOMIRAGE
INDIANWELLS
PALMDESERT
LAQUINTA
INDIO
COACHELLA
PROJECT
SITE
08.13.21 Page 43 of 816 AGENDA ITEM #10.3
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ocoPalms
Exhibit
ProjectLocationMap
Indio,California
3 Source:GoogleEarth,2021
Avenue50
JacksonS.t
Project
Site
08.13.21
CocoPalms
TentativeTractMap(TTM38072)
Indio,California
Exhibit
4 Source:HEITECConsulting,2021 0
8.13.21
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ocoPalms
Exhibit
TypicalSingle-StoryFloorPlan
Indio,California
5 Source:AguilarDesignGroup,Inc.,2021
08.13.21
C
ocoPalms
Exhibit
TypicalSingle-StoryElevation
Indio,California
6 Source:AguilarDesignGroup,Inc.,2020
08.13.21
C
ocoPalms
Exhibit
TypicalTwo-StoryFloorPlan
Indio,California
7 Source:AguilarDesignGroup,Inc.,2021
08.13.21
C
ocoPalms
Exhibit
TypicalTwo-StoryElevation
Indio,California
8 Source:AguilarDesignGroup,Inc.,2021
08.13.21
Initial Study/Mitigated Negative Declaration
City of Indio Coco Palms/TTM 38072
August 2021 Initial Study/Mitigated Negative Declaration 14 Environmental Factors Potentially Affected:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages.
Aesthetics Agricultural and Forestry
Resources Air Quality
Biological Resources Cultural Resources Energy
Geology/ Soils Greenhouse Gas Emissions Hazards and
Hazardous Materials
Hydrology/ Water Quality Land Use/ Planning Mineral Resources Noise Population/ Housing Public Services
Recreation Transportation Tribal Cultural
Resources
Utilities/ Service Systems Wildfire Mandatory Findings
of Significance
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August 2021 Initial Study/Mitigated Negative Declaration 15 CHAPTER 2: ENVIRONMENTAL ANALYSIS AND DETERMINATION
DETERMINATION: The City of Indio Planning Department finds On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
Leila Namvar
Senior Planner
City of Indio Date
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August 2021 Initial Study/Mitigated Negative Declaration 16 PURPOSE OF THIS INITIAL STUDY
This Initial Study has been prepared consistent with CEQA Guidelines Section 15063, to determine if the project, as proposed, may have a significant effect upon the environment. Based upon the findings contained within this report, the Initial Study will be used in support of the preparation of a Mitigated Negative Declaration.
EVALUATION OF ENVIRONMENTAL IMPACTS
1) A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required. 4) “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from “Earlier Analyses,” as described in (5) below, may be cross referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.
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August 2021 Initial Study/Mitigated Negative Declaration 17 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected.
9) The explanation of each issue should identify:
a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impacts to less than significance.
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August 2021 Initial Study/Mitigated Negative Declaration 18 I. AESTHETICS
Except as provided in Public Resources
Code Section 21099, would the project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect on a
scenic vista? ✓
b) Substantially damage scenic resources,
including, but not limited to, trees,
rock outcroppings, and historic
buildings within a state scenic
highway?
✓
c) In non-urbanized areas, substantially
degrade the existing visual character or
quality of public views of the site and
its surroundings? (Public views are
those that are experienced from
publicly accessible vantage point). If
the project is in an urbanized area,
would the project conflict with
applicable zoning and other
regulations governing scenic quality?
✓
d) Create a new source of substantial light
or glare which would adversely affect
day or nighttime views in the area?
✓
Sources: City of Indio 2040 General Plan Update.
Environmental Setting
The City of Indio, including the project site, is located in Coachella Valley, which is a desert valley that extends approximately 45 miles in Riverside County, southeast from the San Bernardino Mountains to the northern shore of the Salton Sea. The Project site occurs in an urbanizing environment, on the City’s southeastern boundary with the City of Coachella. The current surrounding environment includes single family homes, vacant desert, agricultural lands, a neighborhood shopping center to the north, and major roadways.
The City of Indio has both natural and manmade scenic resources, including open space, areas of native vegetation, mature trees, rural lands, and historic landmarks. The San Bernardino, San Jacinto and Santa Rosa mountain ranges provide scenic views throughout the City. The San Bernardino range extends to the north of the City, and its foothills are within the City’s Sphere of Influence. The San Jacinto range is located to the northwest of the City, and the Santa Rosas occur to the south and southwest of the City.
There are no state-designated scenic highways in the City. However, Interstate-10 (I-10) and Dillon Road are identified by the Riverside County General Plan as County-eligible scenic highways.
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August 2021 Initial Study/Mitigated Negative Declaration 19 The project site is currently vacant, but entirely disturbed. The site was approved previously for a single family home development, and grading, pad elevations and street layouts were completed before the project was abandoned. Ultimate development of the project site will result in a single-family residential development. The Aesthetic impacts of the project are discussed below.
Discussion of Impacts
a) Less Than Significant Impact. The project site is located in an urbanizing area of Indio that supports a mix of development, including residential, neighborhood commercial, vacant and agricultural land uses. The Project site is currently vacant and bounded by Avenue 49 to the north, agricultural and residential lands to the east, a mix of vacant, residential and agricultural lands to the south, and Jackson Street, vacant land and scattered homes to the west. Structures on these properties are consistent with other urban development in the area in scale and height.
From the subject property, scenic views of the San Bernardino Mountains are to the north and east, and views of the Santa Rosa Mountains are to the south and west. The Project site is located approximately 4.1 miles east of the Santa Rosa Mountain foothills and approximately
4.3 miles southwest of the San Bernardino Mountain foothills. The site is located on the valley floor and views of the lower elevations of the mountains are blocked by intervening development in all directions. However, middle and upper elevations of the mountains are visible above.
The Project proposes to develop 173 single family residential units. The Project offers both single- and two-story floor plans with maximum building heights of 18 feet 2 inches and 26 feet, respectively (Exhibits 6 and 8). The proposed homes would be similar in height to structures in the Project vicinity and would partially block southern and western views of the Santa Rosa Mountains from viewers located north and east of the site, which are already blocked to some extent by existing structures.
Viewers to the east of the site enjoy views of the middle and upper elevations of the Santa Rosa Mountains at a distance to the west, with lower elevation views blocked by intervening residential development. The Proposed Project would obstruct these views to the west to some extent. Views of the mid-range and peaks of the Santa Rosa Mountains would remain, and views to the north, east, and south would be unaffected by the Project.
Viewers in the residential development to the north looking south would experience blocked views of the Santa Rosa Mountains that a comparable to current conditions due to existing developments and distance to the foothills, however views to the southwest and west would remain. Viewers from the south (residential) would not lose views of the foothills from the south or west. Distant views of the San Bernardino Mountains to the north would be partially obstructed, however due to their distance and current level of existing development obstruction, impacts are expected to be less than significant.
Lands to the west across Jackson Street are currently developed as single family residential homes within a master planned community, and views of the San Bernardino Mountains to the east are limited. Views to the northeast, north, west and south will not be impacted by the
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August 2021 Initial Study/Mitigated Negative Declaration 20 Proposed Project. Lands immediately west of the site on the east side of Jackson Street are partially developed, and their views to the north, west and southwest will be unaffected by the project. Views to the east may be impacted by the back yards and residential units within the project, but scenic vistas to the east are limited.
With the construction of the Proposed Project, views of the foothills will be reduced but not eliminated, views of the mid-range and tops of the surrounding mountains will remain, and impacts will be less than significant.
b) No Impact. The proposed site is not located along a state scenic highway and does not contain any scenic resources, including trees, rock outcroppings or historic buildings. No impact to these resources will occur.
c) Less Than Significant Impact. The proposed Project site is currently vacant. The ultimate development of the site will result in the construction of 173 single-family homes and includes landscaping and high-quality design features to minimize any visual degradation of the site.
The Project site is visible from Jackson Street; however, this view would be minimized by landscaping similar to that in the existing surrounding developments. To preserve the aesthetic quality from Jackson Street, buildings proposed for the site will be designed and constructed in accordance with City zoning standards, and in a style that is consistent with both City of Indio and City of Coachella standards and existing development. Therefore, the Project will not conflict with existing City standards and impacts associated with visual character are expected to be less than significant.
d) Less than Significant Impact. The site is located in an urban environment that includes existing sources of light and glare associated with nearby land uses. Nearby sources of light include exterior lighting on residential buildings, street lighting on the adjacent Jackson Street, passing vehicle headlights, and outdoor lighting on surface parking lots and buildings.
Currently, there are no existing sources of light on the project site.
Short-Term (Construction-Related) Impacts
During the construction phase, there would be no need to add security lighting for construction areas or construction staging areas, because nighttime construction is not anticipated.
Therefore, impacts related to new sources of light and glare during construction would be less than significant.
Long-Term (Operations-Related) Impacts
At Project buildout, the site can be expected to generate increased levels of light and glare from interior and exterior building lighting, safety and security lighting, landscape lighting, and vehicles accessing the site during the day and nighttime, however, it would not require use of high intensity lighting. Glare can also be expected from windows during the day and nighttime.
However, lighting and glare levels are not expected to exceed typical levels within the surrounding urban environment, with little or no light escaping upward from the site. The Proposed Project will be designed in accordance with the City’s Public Works Engineering
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August 2021 Initial Study/Mitigated Negative Declaration 21 Standards (Indio-200, Street Light Residential Area). 1 Home designs will be required to shield
light fixtures consistent with Zoning requirements to minimize spillage onto adjacent properties. The Zoning Ordinance design standards will be incorporated as conditions of approval to assure that the proposed project’s light and glare impacts will be less than significant.
Mitigation Measures: None required.
Monitoring: None required.
1 City’s Website - Public Works - Engineering Standards.
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August 2021 Initial Study/Mitigated Negative Declaration 22 II. AGRICULTURAL AND
FORESTRY RESOURCES
In determining whether impacts to agricultural
resources are significant environmental effects, lead
agencies may refer to the California Agricultural
Land Evaluation and Site Assessment Model (1997)
prepared by the California Dept. of Conservation as
an optional model to use in assessing impacts on
agriculture and farmland. In determining whether
impacts to forest resources, including timberland,
are significant environmental effects, lead agencies
may refer to information compiled by the California
Department of Forestry and Fire Protection
regarding the state’s inventory of forest land,
including the Forest and Range Assessment Project
and the Forest Legacy Assessment Project; and
forest carbon measurement methodology provided
in Forest Protocols adopted by the California Air
Resources Board.
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland
Mapping and Monitoring Program of
the California Resources Agency, to
non-agricultural use?
✓
b) Conflict with existing zoning for
agricultural use, or a Williamson Act
contract?
✓
c) Conflict with existing zoning for, or
cause rezoning of, forest land (as
defined in Public Resources Code
section 12220(g)), timberland (as
defined by Public Resources Code
section 4526), or timberland zoned
Timberland Production (as defined by
Government Code section 51104(g))?
✓
d) Result in the loss of forest land or
conversion of forest land to non-forest
use?
✓
e) Involve other changes in the existing
environment which, due to their location
or nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest
use?
✓
Sources: City of Indio General Plan (September 2019); Final EIR for the City of Indio 2040 General Plan Update; Zoning Map for City of Indio; “Riverside County Important Farmland 2018 Map,” sheet 2 of 3, California Department of Conservation; Las Plumas Project Environmental Initial Study, 2006.
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August 2021 Initial Study/Mitigated Negative Declaration 23 Environmental Setting
The Project site is in the City of Indio where agriculture has been an important factor in the City's history and local economy. There are 3,327 acres of State-designated Prime or Unique Farmland, or Farmland of Local Importance in the City.2 However, more than half of that land (1,729.7 acres) is not in agriculture use and has been disturbed or developed. Areas of limited agricultural activity still occur primarily in the southern and eastern parts of the City.
An environmental assessment was conducted on the site in 2006 as part of the Las Plumas residential project. At the time of the 2006 analysis, a portion of the site was designated as Prime Farmland and a conversion of land from Prime Farmland to non-agricultural land was required. However, the site and surrounding area were in transition from agricultural to residential uses and the site was considered a remnant agricultural parcel, resulting in a less than significant farmland conversion impact. Lands east of the project site are scattered with date palms and appear to be in cultivation, although the level of activity, and numbers of date palms has declined in recent years.
The City’s General Plan does not include Forestry or Forest Production designations, nor does the City have zones for these uses. The City occurs on the Coachella Valley floor, and no forestry or forest production lands occur in the desert climate.
The Project site is currently designated as medium density residential on both the zoning and General Plan land use maps.
Discussion of Impacts
a-c) No Impact.
Conversion of Farmland: According to the 2006 Las Plumas Initial Study, the subject site was used for agricultural activities in the past, but agricultural operations were abandoned, and the Prime Farmland designation was converted to non-agricultural uses. The subject site is not zoned or designated as Prime Farmland, Unique, or Farmland of Statewide Importance (Farmland). There will be no conversion of farmland to non-agricultural uses. The Proposed Project will not impact surrounding farmland since the Project site is independent and separate from these lands. There would be no impact to adjacent properties, or their ability to conduct agricultural activities.
Williamson Act: The Project site is not under Williamson Act contract. The Project site is zoned for mixed use development, and the Proposed Project will not conflict with zoning for agricultural uses or a Williamson Act contract. No impact is anticipated. d), e) No Impact. The City of Indio does not contain any forest land, timberland, or timberland zoned for Timberland production. Thus, the Proposed Project will not result in the loss or conversion of forestland to non-forest use.3 No impact is anticipated.
Mitigation Measures: None required. Monitoring: None required. 2 Final EIR for the City of Indio 2040 General Plan Update, Table 4.2-1 3 Final EIR for the City of Indio 2040 General Plan Update, – Page 7-1.
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August 2021 Initial Study/Mitigated Negative Declaration 24 III. AIR QUALITY
Where available, the significance criteria
established by the applicable air quality
management district or air pollution control
district may be relied upon to make the
following determinations. Would the Project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Conflict with or obstruct implementation
of the applicable air quality plan? ✓
b) Result in a cumulatively considerable net
increase of any criteria pollutant for
which the project region is nonattainment under an applicable federal or state ambient air quality standard?
✓
c) Expose sensitive receptors to substantial
pollutant concentrations? ✓
d) Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?
✓
Sources: City of Indio General Plan (September 2019); Final EIR for the City of Indio 2040 General Plan Update; “Final 2016 Air Quality Management Plan,” prepared by South Coast Air Quality Management District, March 2017; “Final Localized Significance Threshold Methodology,” prepared by the South Coast Air Quality Management District, Revised, July 2008; “2003 Coachella Valley PM10 State Implementation Plan,” August 1, 2003; CalEEMod Version 2020.4.0.
Environmental Setting
The City of Indio, including the Project site, is located within the Riverside County portion of the Salton Sea Air Basin (SSAB). SSAB is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD is one of the 35 air quality regulatory agencies in the State of California and all development within the SSAB is subject to SCAQMD’s 2016 Air Quality Management Plan (2016 AQMP) and the 2003 Coachella Valley PM10 State Implementation Plan (2003 CV PM10 SIP). The SCAQMD operates and maintains regional air quality monitoring stations at numerous locations throughout its jurisdiction. The project site is located within Source Receptor Area (SRA) 30, (Coachella Valley) which includes monitoring stations in Palm Springs, Indio and Mecca.
Criteria air pollutants are contaminants for which state and federal air quality standards (California Ambient Air Quality Standards (CAAQS) and National Ambient Air Quality Standards (NAAQS)) have been established. The SSAB exceeds state and federal standards for fugitive dust (PM10) and ozone (O3). Health risks associated with PM and ozone pollution include respiratory issues such as coughing, wheezing, asthma and even high blood pressure. Ambient air quality in the SSAB, including the Proposed Project site, does not exceed state or federal standards for carbon monoxide, nitrogen dioxides, sulfur dioxide, lead, sulfates, hydrogen sulfide, or Vinyl Chloride.
The SSAB continues to exceed federal and state standards for ozone and PM10. In order to achieve attainment in the region, the 2003 Coachella Valley PM10 Management Plan was adopted, which established strict standards for dust management for development proposals. The project will contribute to an incremental increase in regional ozone and PM10 emissions.
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August 2021 Initial Study/Mitigated Negative Declaration 25 The California Emissions Estimator Model (CalEEMod) Version 2020.4.0 was used to project air quality emissions that will be generated by the Proposed Project (Appendix A) and are discussed below.
Discussion of Impacts
a) No Impact. Under CEQA, a significant air quality impact could occur if the project is not consistent with the applicable Air Quality Management Plan (AQMP) or would obstruct the implementation of the policies or hinder reaching the goals of that plan. The Project site is located within the SSAB and will be subject to SCAQMD’s 2016 AQMP and the 2003 CV PM10 SIP. The 2016 AQMP is a comprehensive plan that establishes control strategies and guidance on regional emission reductions for air pollutants. The AQMP is based, in part, on the land use plans of the jurisdictions in the region. The project site is designated for medium density residential (Suburban Neighborhood) in the General Plan. The Proposed Project is consistent with the land use designation and will result in the development of a medium density residential project and is therefore compatible with the 2016 AQMP assumptions.
The SCAQMD works directly with the Southern California Association of Governments (SCAG), county transportation commissions, and local governments, and cooperates actively with all State and federal government agencies. SCAG adopted the 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (2020 RTP/SCS) to comply with the metropolitan planning organization (MPO) requirements under the Sustainable Communities and Climate Protection Act. The Growth Management chapter of the RTP/SCS forms the basis of land use and transportation controls of the AQMP. Projects that are consistent with the projections of population forecasts are considered consistent with the AQMP. The Proposed Project would be implemented in accordance with all applicable rules and regulations contained in those plans in an effort to meet the applicable air quality standards, because the medium density residential land use was included in the SCAG analysis, and the Project will not exceed population or housing unit growth forecasts.
In conclusion, although the Proposed Project would contribute to impacts to air quality, as discussed below, it would not conflict with or obstruct the implementation of an applicable air quality plan because its residential characteristics were included in the development of regional plans. No impact is anticipated.
b) Less Than Significant Impact. A project is considered to have significant impacts if there is a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard. As previously stated, the SSAB is currently a non-attainment area for PM10 and ozone. Therefore, if the project’s construction and/or operational emissions exceed SCAQMD thresholds for PM10 and ozone precursors, which include carbon monoxide (CO), nitrous oxides (NOx), and volatile/reactive organic compounds (VOC or ROG), then impacts would be cumulatively considerable and significant.
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August 2021 Initial Study/Mitigated Negative Declaration 26 The California Emissions Estimator Model (CalEEMod) Version 2020.4.0 was used to project air quality emissions that will be generated by the Proposed Project (Appendix A). Criteria air pollutants will be released during both the construction and operation phases of the Proposed Project, as shown in Tables 1 and 2. Table 1 summarizes short-term construction-related emissions, and Table 2 summarizes ongoing emissions generated during operation.
Construction Emissions:
For purposes of analysis, it is assumed that construction will occur over a 2-year period with buildout in 2023. The construction period includes all aspects of project development, including site preparation, grading, paving, building construction, and application of architectural coatings.
As shown in Table 1, emissions generated by construction activities will not exceed SCAQMD thresholds for any criteria pollutant during construction. The data reflect average daily unmitigated emissions over the 2-year construction period, including summer and winter weather conditions. Per preliminary earthwork calculations (TTM 38072), the analysis assumes a net material (dirt/soil) balance on site with no import of export of materials required.
Applicable standard requirements and best management practices include, but are not limited to, the implementation of a dust control and management plan in conformance with SCQAMD Rule 403.1, proper maintenance and limited idling of heavy equipment, phased application of architectural coatings and the use of low-polluting architectural paint and coatings per SCAQMD Rule 1113.
Given that criteria pollutant thresholds will not be exceeded, and standard best management practices will be applied during construction, impacts will be less than significant.
Table 1
Maximum Daily Construction-Related Emissions Summary (pounds per day) Construction Emissions1 CO NOx ROG SO2 PM10 PM2.5
Daily Maximum 41.69 46.45 28.30 0.08 10.17 5.89
SCAQMD Thresholds 550.0 100.0 75.0 150.0 150.0 55.0
Exceeds? No No No No No No
Source: CalEEMod model, version 2020.4.0. 1 Average of winter and summer emissions. Standard dust control measures have been applied to the PM emissions.
Operational Emissions:
Operational emissions are ongoing emissions that will occur over the life of the project. They include area source emissions, emissions from energy demand (electricity), and mobile source (vehicle) emissions.
According to the Traffic Report prepared for the Proposed Project (Appendix B), the Proposed Project will generate approximately 1,633 daily trips. Table 2 provides a summary of projected emissions during operation of the Proposed Project at build out. As shown below, operational emissions will not exceed SCAQMD thresholds of significance for any criteria pollutants for operations. Impacts related to operational emissions will be less than significant.
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August 2021 Initial Study/Mitigated Negative Declaration 27 Table 2
Maximum Daily Operational-Related Emissions Summary
(pounds per day)
CO NOx ROG SO2 PM10 PM2.5
Operational Emissions1 54.42 8.50 13.46 0.10 8.15 2.43
SCAQMD Thresholds 550.0 100.0 75.0 150.0 150.0 55.0
Exceeds? No No No No No No
Source: CalEEMod model, version 2020.4.0.
1 Average of winter and summer emissions. Standard dust control measures have been applied to the PM emissions.
Cumulative Contribution: Non-Attainment Criteria Pollutants A significant impact could occur if the Project would make a considerable cumulative contribution to federal or State non-attainment pollutants. The Coachella Valley portion of the SSAB is classified as a “non-attainment” area for PM10 and ozone. Cumulative air quality analysis is evaluated on a regional scale (rather than a neighborhood scale or city scale, for example) given the dispersing nature of pollutant emissions and aggregate impacts from surrounding jurisdictions and air management districts. Any development project or activity resulting in emissions of PM10, ozone, or ozone precursors will contribute, to some degree, to regional non-attainment designations of ozone and PM10.
The SCAQMD does not currently recommend quantified analyses of construction and/or operational emissions from multiple development projects, nor does it provide methodologies or thresholds of significance to be used to assess the significance of cumulative emissions generated by multiple cumulative projects. However, it is recommended that a project’s potential contribution to cumulative impacts should be assessed utilizing the same significance criteria as those for project-specific impacts. Furthermore, SCAQMD states that if an individual development project generates less than significant construction or operational emissions, then the development project would not generate a cumulatively considerable increase in emissions for those pollutants for which the Basin is in nonattainment.
As shown in the tables above, Project-related PM10, CO, NOx, and ROG emissions are projected to be below established SCAQMD thresholds. Emissions will be further reduced through required best management practices, which require implementation of a Dust Control Plan in accordance with SCAQMD Rule 403.1. Therefore, the Proposed Project will result in incremental, but not cumulatively considerable impacts on regional PM10 or ozone levels.
Summary:
As shown above, both construction and operation of the Proposed Project will result in criteria emissions that are below the SCAQMD significance thresholds, and neither would violate any air quality standard or contribute substantially to an existing or projected air quality violation.
Overall, impacts related to construction and operation will be less than significant and are not cumulatively considerable from a non-attainment standpoint.
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August 2021 Initial Study/Mitigated Negative Declaration 28 c) Less Than Significant Impact. The nearest sensitive receptors are residents in the residential development located immediately south of the Project site. To determine if the Proposed Project has the potential to generate significant adverse localized air quality impacts, the mass rate Localized Significance Threshold (LST) Look-Up Table was used.
Based on the Project’s size and proximity to existing housing, the 5-acre site tables at a distance of 25 meters (nearest measurement option in LST table) were used for air quality analysis.
Table 3 shows on-site emission concentrations for Project construction and operation will not exceed LST thresholds. Overall, the impacts will be less than significant.
Table 3
Localized Significance Thresholds Emissions
(pounds per day)
CO NOx PM10 PM2.5
Construction
Maximum Emissions 41.69 46.45 10.17 5.89
LST Threshold 2,292.00 304.00 14.00 8.00
Exceed? No No No No
Operation1
Area 14.90 1.63 0.19 0.19
SCAQMD Thresholds 2,292.00 304.00 4.00 2.00
Exceed? No No No No
Emission Source: CalEEMod model, version 2020.4.0.
LST Threshold Source: LST Mass Rate Look-up Table, SCAQMD.
1. Operational emissions that affect sensitive receptors are limited to on-site area emissions. Energy and mobile emissions occur off-site.
Health Impacts
As shown in Tables 1 and 2, construction and operation of the Proposed Project will result in criteria emissions that are below the SCAQMD significance thresholds, and neither would violate any air quality standard or contribute substantially to an existing or projected air quality violation.
With today’s technology, it is not scientifically possible to calculate the degree to which exposure to various levels of criteria pollutant emissions will impact an individual’s health.
There are several factors that make predicting a Project-specific numerical impact difficult:
• Not all individuals will be affected equally due to medical history. Some may have medical pre-dispositions and diet and exercise levels tend to vary across a population. • Due to the dispersing nature of pollutants, it is difficult to locate and identify which group of individuals will be impacted, either directly or indirectly. • There are currently no approved methodologies or studies to base assumptions on, such as baseline health levels or emission level-to-health risk ratios.
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August 2021 Initial Study/Mitigated Negative Declaration 29 Due to the limitations described above, the extent to which the Project poses a health risk is uncertain but unavoidable. It is anticipated that impacts associated with all criteria pollutants will be less than significant overall, and that health effects will also be less than significant. d) Less Than Significant Impact. The occurrence and severity of odor impacts depend on numerous factors, including the nature, frequency, and intensity of the source; wind speed and direction; and the sensitivity of the receptors. While offensive odors rarely cause any physical harm, they still can be very unpleasant, leading to distress among the public and often generating citizen complaints to local governments and regulatory agencies.
The SCAQMD identifies certain land uses as sources of odors. These land uses include agriculture (farming and livestock), wastewater treatment plants, food processing plants, chemical plants, composting facilities, refineries, landfills, transfer stations, and fiberglass molding. The Proposed Project will be developed with residential uses and is not expected to generate objectionable odors during any phase of construction or at Project buildout. Short term odors associated with paving and construction activities could be generated; however, any such odors would be quickly dispersed below detectable levels as distance from the construction site increases, and would occur for short time periods during construction only.
At buildout, residential units will generate typical odors, including cooking odor, but will not generate objectionable odors. The residences will occur near existing agricultural operations, which may generate temporary odors associated with the application of fertilizers and other similar materials. The Project, however, is located upwind of these agricultural lands, and the odors associated with agricultural activities would be periodic and temporary, and would be dispersed by prevailing winds. Therefore, impacts from objectionable odors are expected to be less than significant.
Mitigation Measures: None required.
Monitoring: None required.
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August 2021 Initial Study/Mitigated Negative Declaration 30 IV. BIOLOGICAL RESOURCES
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special status species in local or regional plans, policies, or
regulations, or by the California Department of
Fish and Game or U.S. Fish and Wildlife Service?
✓
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of Fish
and Game or US Fish and Wildlife Service?
✓
c) Have a substantial adverse effect on State or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?
✓
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native
wildlife nursery sites?
✓
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
✓
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
✓
Sources: City of Indio General Plan (September 2019); Final EIR for the City of Indio 2040 General Plan Update.
Environmental Setting
The Coachella Valley is located within the Sonoran Desert which is a subdivision of the Colorado Desert. The Sonoran Desert contains a wide range of biological resources that are highly specialized and endemic to the region. According to the Coachella Valley Association of Governments (CVAG), vegetation communities in the City range from active desert dunes to urban environments. 4 The Project site was graded in 2015 and is currently vacant with sparse vegetation. The Proposed Project is within the boundaries of and subject to the provisions of the Coachella Valley Multiple Species Conservation Plan (CVMSHCP).
5 The CVMSHCP is a comprehensive regional plan that
balances growth in the Coachella Valley with the requirements of federal and State endangered species laws. The project site is not located within or adjacent to a CVMSHCP Conservation Area. 4 Final EIR for the City of Indio 2040 General Plan Update. 5 Final Coachella Valley Multiple Species Habitat Conservation Plan; Figure 8-3.
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August 2021 Initial Study/Mitigated Negative Declaration 31 The City of Indio’s 2040 General Plan and CVMSHCP were referenced to analyze potential impacts to biological resources associated with the Proposed Project.
Discussion of Impacts
a) Less Than Significant Impact With Mitigation Incorporated. The site is currently vacant and is sparsely covered by native plant species. As previously discussed, an environmental assessment of the site was conducted in 2006 as part of the Las Plumas residential project and the site was subsequently graded in 2015. Due to the site’s poor habitat quality and isolated location and given the level of existing disturbance onsite from previous grading, there are no special status species expected to occur on the property.
Burrowing owl is a State species of special concern that resides in open dry grasslands and desert areas. Since the site is currently vacant and covered sparsely with vegetation, there is a very low potential for burrowing owl to occur onsite. The CVMSHCP and State law prohibit the take of burrowing owl. Should burrowing owl be found on the property prior to construction, a significant impact would occur. In order to assure that this impact is mitigated, Mitigation Measure BIO-1 is provided below, which requires pre-construction surveys to assure that the species is not present, or to protect the species should it be identified on-site.
With implementation of this mitigation measure, impacts to burrowing owls will be less than significant.
The existing shrubs on and adjacent to the property would have the potential to provide nesting opportunities for birds covered under the Migratory Bird Treaty Act (MBTA). As the subject site is vacant, these species would reside seasonally within the subject site. Nesting activities would occur between January and August of any year. Under the provisions of the MBTA, impacts to covered nesting birds would be considered a significant impact. In order to assure that impacts to bird nests covered under the MBTA are reduced to less than significant levels, a pre-construction survey is required if any activity to remove vegetation is proposed during the nesting season, as provided in Mitigation Measure BIO-2, below. With implementation of this mitigation measure, impacts to birds covered by the MBTA will be less than significant. b, c) No Impact. The site is fully disturbed and does not contain any streams, riparian habitat, marshes, protected wetlands, vernal pools or sensitive natural communities protected by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service. No projectrelated impacts will occur. d) No Impact. The Project site is located in an urban area and surrounded by roadways and residential development. Due to surrounding human activity for many decades and its physical isolation from native habitat, the site does not contain features that are suitable for a migratory wildlife corridor. No impact is anticipated.
e, f) Less Than Significant Impact. The proposed development will not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance, nor will it conflict with the provisions of the CVMSHCP, a Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.
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August 2021 Initial Study/Mitigated Negative Declaration 32 The Proposed Project is located in the City of Indio, which is within the boundaries of the CVMSHCP, and is therefore subject to payment of the Development Mitigation Fee, which will mitigate potential impacts to covered species. The site is not within or adjacent to a CVMSHCP-designated Conservation Area, so no additional mitigation measures or provisions are required. The Project will not conflict with any policies or ordinances that protect biological species, or any habitat conservation plans or natural community conservation plans. Impacts are expected to be less than significant.
Mitigation Measures:
BIO-1 A qualified biologist shall conduct two (2) take avoidance pre-construction burrowing owl surveys onsite. The first shall occur between 14 and 30 days prior to ground disturbance, and the second shall occur within 24 hours of ground disturbance. If burrowing owls are detected, the project proponent shall consult with CDFW to determine what course of action is needed, such as the use of exclusion devices (if applicable) to discourage owls from using burrows that are believed to be in jeopardy of being impacted by implementation of the project.
BIO-2 For any grubbing, grading or other site disturbance or tree or vegetation removal occurring during the nesting season between January 15th and August 31st, a qualified biologist shall conduct at least one nesting bird survey, and more if deemed necessary by the consulting biologist, immediately prior to initiation of project-related ground disturbing activities. If nesting birds are present, no work shall be permitted near the nest(s) until the young birds have fledged. While there is no established protocol for nest avoidance, when consulted, the CDFW generally recommends avoidance buffers of about 500 feet for birds-of-prey, and 100 – 300 feet for songbirds. If ground disturbance occurs outside the nesting season, this requirement shall be waived.
Mitigation Monitoring:
BIO-A Prior to the issuance of any permit to allow ground disturbance on the site, the Project Proponent shall furnish the City with pre-construction survey(s) reports for burrowing owl and MBTA covered birds.
Responsible Parties: Project applicant, project biologist, Planning Department, City Engineer.
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August 2021 Initial Study/Mitigated Negative Declaration 33 V. CULTURAL RESOURCES
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in the
significance of a historical resource
pursuant to § 15064.5?
✓
b) Cause a substantial adverse change in the
significance of an archaeological
resource pursuant to § 15064.5?
✓
c) Disturb any human remains, including
those interred outside of formal
cemeteries?
✓
Sources: City of Indio General Plan (September 2019); Final EIR for the City of Indio 2040 General Plan Update; “Cultural Resources Monitoring Report for the Las Plumas West Project,” prepared by Applied EarthWorks, Inc. March 2015. “Paleontological Monitoring Report for the Las Plumas West Project,” prepared by Applied EarthWorks, Inc. March 2015.
Environmental Setting
Section 15064.5 of the CEQA Guidelines generally defines a historic resource as a resource that is:
(1) Listed in, or determined to be eligible for listing in the California Register of Historical Resources (California Register);
(2) Included in a local register of historical resources (pursuant to Section 5020.1(k) of the Public Resources Code); or
(3) Identified as significant in an historical resources survey (meeting the criteria in Section 5024.1(g) of the Public Resources Code).
Generally, a resource shall be considered by the lead agency to be “historically significant” if the resource meets the criteria for listing on the California Register. The California Register automatically includes all properties listed in the National Register of Historic Places (National Register) and those formally determined to be eligible for listing in the National Register.
Section 15064.5(a)(3)(D) of the CEQA Guidelines generally defines archaeological resources as any resource that “has yielded, or may be likely to yield, information important in prehistory or history.” Archaeological resources are features, such as tools, utensils, carvings, fabric, building foundations, etc., that document evidence of past human endeavors and that may be historically or culturally important to a significant earlier community.
The City of Indio is located in the Coachella Valley, which is the traditional home of the Cahuilla Indians. The Cahuilla were a Takic-speaking people consisting of hunters and gatherers who are generally divided into three groups based on their geographic setting: the Pass Cahuilla of the Beaumont/Banning area; the Mountain Cahuilla of the San Jacinto and Santa Rosa Mountains; and the Desert Cahuilla from the Coachella Valley, as far south as the Salton Sea.
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August 2021 Initial Study/Mitigated Negative Declaration 34 The Cahuilla had many villages throughout the Coachella Valley. In the City of Indio, the areas of highest archaeological sensitivity are within the ancient Lake Cahuilla shoreline. However, there is the potential for archaeological resources to be encountered in any location in the City. Although archaeological resources are much more likely to be encountered in undeveloped parcels of land, subsurface archaeological resources may be encountered in areas that have been developed but have not been subject to extensive subsurface disturbance (excavation).
A number of potential historic and prehistoric sites and structures have been recorded in the City.
Established in 2008, the City of Indio Historic Resource List currently includes a total of 39 buildings that are eligible or potentially eligible as historic resources. An additional 19 properties are included on the City’s list as warranting evaluation. As described elsewhere in this document, the site is currently vacant, and does not include any structures.
Discussion of Impacts
a, b) Less Than Significant Impact. The project area lies just outside the former lakebed of Holocene Lake Cahuilla. No historical resources exist within or adjacent to the project site, and thus the Proposed Project will not cause a substantial adverse change to any known “historical resources.” Cultural resource and paleontological monitoring reports were prepared for the Las Plumas project in 2015. A cross-trained archaeological and paleontological monitor conducted a pedestrian survey of the property prior to the start of grading activities and was present during all Project-related ground disturbing activities. No historical or prehistoric archaeological remains were observed on site and additional cultural monitoring activities were not recommended at that time. Due to the extensive site disturbance and confirmation that no archaeological resources are present on site, further monitoring is not required. The site has been fully disturbed, and previous monitoring identified no resources. Therefore, impacts associated with both historic and archaeological resources will be less than significant. Please also see Tribal Cultural Resources discussion, below.
c) No Impact. No cemeteries or human remains are known to occur on-site. Given the previous grading and utility installation which occurred in 2015, it is unlikely that human remains will be uncovered during project development. Should human remains be uncovered during grading of the site, California law requires that all activity stop, that the coroner be notified, and that he or she determine the nature of the remains, and whether Native American consultation will be required. This requirement of law assures that there will be no impact to cemeteries or human remains.
Mitigation Measures: None required.
Monitoring: None required.
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August 2021 Initial Study/Mitigated Negative Declaration 35 VI. ENERGY
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption
of energy resources, during project
construction or operation?
✓
b) Conflict with or obstruct a state or local
plan for renewable energy or energy
efficiency?
✓
Sources: City of Indio General Plan (September 2019); Final EIR for the City of Indio 2040 General Plan Update.
Environmental Setting
Nuclear energy, fossil fuels (oil, coal and natural gas) and renewable sources like wind, solar, geothermal and hydropower are various sources of energy. The electrical energy to the City is provided by Imperial Irrigation District (IID). Natural gas to the City is provided by the Southern California Gas Company (SoCalGas). Both IID and SoCalGas have existing underground pipelines in Jackson Street adjacent to the Proposed Project.
Discussion of Impacts
a, b) Less Than Significant Impact. The Proposed Project will utilize energy resources during both construction and operational activities. Construction related energy demand comes from the operation of construction equipment and the manufacturing of construction materials. Fuel consumed by construction equipment, such as petroleum and diesel, would be the primary energy resource expended over the course of construction. However, petroleum and diesel use during construction would be temporary and minimal and would not be wasteful or inefficient.
Operational energy demand primarily comes from building/site lighting and HVAC systems.
All residential units will be constructed in accordance with the Building Code, California Green Building Code, and Energy Code in effect at the time that development occurs, to ensure the most efficient construction/building technologies are used, which will benefit overall building operations, ensure energy efficiency and reduce wasteful and unnecessary consumption of energy resources. These requirements of law assure that future buildings on the site will not waste energy.
Operation would also result in the consumption of petroleum-based fuels related to vehicular travel to and from the Project site. Although the Project will result in a direct increase in VMTs, the Project will not interfere with increased fuel efficiency standards and will not result in wasteful, inefficient, or unnecessary consumption of transportation energy resources during operation. The Project site is located within one-half mile of major shopping centers, transit, and employment opportunities, which reduces vehicle trips, trip length and the consumption of fuel. Impacts were determined to be less than significant.
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August 2021 Initial Study/Mitigated Negative Declaration 36 IID is committed to promoting renewable energy generation for its own operations and throughout the community. To date (2021), IID has met or exceeded all Renewable Portfolio Standard (RPS) requirements, procuring renewable energy from diverse sources, including biomass, biowaste, geothermal, hydroelectric, solar and wind. By 2030, IID aims to source 50 percent of its retail electricity from renewable sources. SoCalGas is also committed to energy and climate sustainability and is investing in a diverse portfolio of technologies and applications to decarbonize, including the use of cleaner fuels like renewable natural gas.
SoCalGas aspires to achieve net zero GHG emissions in both operations and delivery of energy by 2045.
The City’s Climate Action Plan also promotes local generation of renewable energy. The Project will comply with the solar and zero net energy requirements in the adopted 2019 California Building Code and will not interfere with any state or local plan that promotes renewable energy or energy efficiency. Adherence to the applicable state standards enforced by IID and SoCalGas will ensure the development is consistent with current energy standards and conservation goals laid out in the City’s Climate Action Plan. Therefore, impacts related to energy will be less than significant.
Mitigation Measures: None required.
Monitoring: None required.
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August 2021 Initial Study/Mitigated Negative Declaration 37 VII. GEOLOGY AND SOILS
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Directly or indirectly cause potential
substantial adverse effects, including
the risk of loss, injury, or death
involving:
i) Rupture of a known earthquake
fault, as delineated on the most
recent Alquist-Priolo Earthquake
Fault Zoning Map issued by the
State Geologist for the area or based
on other substantial evidence of a
known fault? Refer to Division of
Mines and Geology Special
Publication 42.
✓
ii) Strong seismic ground shaking? ✓
iii) Seismic related ground failure,
including liquefaction? ✓
iv) Landslides? ✓
b) Result in substantial soil erosion or the
loss of topsoil? ✓
c) Be located on a geologic unit or soil that
is unstable, or that would become
unstable as a result of the Project, and
potentially result in on-or off-site
landslide, lateral spreading, subsidence,
liquefaction or collapse?
✓
d) Be located on expansive soil, as defined
in Table 18-1-B of the Uniform
Building Code (1994), creating
substantial direct or indirect risks to life
or property?
✓
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal
systems where sewers are not available
for the disposal of waste water?
✓
f) Directly or indirectly destroy a unique
paleontological resource or site or
unique geologic feature?
✓
Sources: City of Indio General Plan; Final EIR for the City of Indio 2040 General Plan Update. “Paleontological Monitoring Report for the Las Plumas West Project,” prepared by Applied EarthWorks, Inc. March 2015.