Agenda — Indio City Council, August 17, 2022 (part 4 of 8)

AGENDA ITEM #10.2
Resolution No. 10315 establishing and adopting a fee schedule for the ad... Page 415 of 970 The adoption of fees for the administration of the City of Indio Cannabis Business Permit Program is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. The City Council previously adopted Ord inance No. 1779 governing the locations of storefront cannabis retail, non -storefront cannabis retail and cannabis delivery. The City Council also approved Ordinance No. 1780 that regulates the operation of storefront cannabis retail, non - storefront cannabis retail and cannabis delivery in the City. The adoption of the aforementioned fees will allow the City to obtain reasonable and appropriate fees based on fee studies for the permitting and administration of the Cannabis Business Permit Program. Therefore, the adoption of said fees is covered by the common sense exemption in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that t he activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Accordingly, the City Council finds the adoption of said fees exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.

ATTACHMENTS:

Attachment 1: Resolution No. 10315_CannabisFees

APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 09 Aug 2022 Roxanne Diaz, City Attorney Approved - 10 Aug 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 10 Aug 2022 Bryan H. Montgomery, City Manager Approved - 10 Aug 2022

Page 3 of 7 ends

AGENDA ITEM #10.2
Resolution No. 10315 establishing and adopting a fee schedule for the ad... Page 416 of 970 -1-
RESOLUTION NO. 10315

A RESOLUTION OF THE CITY COUNCIL THE CITY OF INDIO, CALIFORNIA

ESTABLISHING AND ADOPTING A FEE SCHEDULE FOR THE ADMINISTRATION

OF THE CITY OF INDIO CANNABIS STOREFRONT RETAIL BUSINESS PERMIT

PROGRAM AND DETERMINING THAT THE ADOPTION OF THE FEE SCHEDULE IS

EXEMPT FROM REVIEW UNDER CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)
WHEREAS, on June 27, 2017, the Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA) was signed into law, which provides a comprehensive regulatory framework for licensing, control, and taxation of medical and adult-use cannabis-related businesses in California; and,
WHEREAS, on December 6, 2017, the City Council adopted Ordinance No. 1726 establishing Sections 159.565 through 159.568 of the Indio Municipal Code prohibiting commercial cannabis activity in the City; and, WHEREAS, on May 18, 2022, the City Council adopted Ordinance No. 1779 amending Chapter 159 (zoning regulations) of the Indio Municipal Code to allow Cannabis Storefront Retailer and Cannabis Non-Storefront Retailer Businesses in commercial land use districts except for the neighborhood commercial zone, mixed use land use districts and on properties regulated by a specific plan or project master plan that permit commercial land uses excluding any properties designated as neighborhood commercial; amending the subchapter entitled Cannabis Activity (159.565 et. seq.); and making a determination that the ordinance was exempt from review under CEQA pursuant to CEQA guidelines section 15061(b)(3); and,
WHEREAS, on May 18, 2022, the City Council adopted Ordinance No. 1780 adding a new Chapter 123 entitled cannabis business activities to Title XI, Business Regulations, of the Indio Municipal Code to regulate commercial cannabis uses in the city; and,
WHEREAS, pursuant to the provisions of the California Constitution and the laws of the State of California, the City of Indio is authorized to adopt and implement rates, fees, and charges for municipal services; provided, however, that such rates, fees, and/or charges do not exceed the estimated reasonable cost of providing such services; and,
WHEREAS, the City Council of the City of Indio has heretofore established various schedules of rates, fees, and charges for services provided by the City; and, WHEREAS, California Government Code Section 66016 requires notice to be given and data made available at specified times prior to the adoption of increases in existing rates, fees, and charges, or the adoption of new rates, fees, and charges for use permits and building inspections sometime hereinafter at a public meeting of the City Council; and,

Page 4 of 7 ends

AGENDA ITEM #10.2
Resolution No. 10315 establishing and adopting a fee schedule for the ad... Page 417 of 970 -2-
WHEREAS, California Government Code Section 66018 requires notice to be published in accordance with California Government Code Section 6062a and data made available concerning rates, fees, and charges prior to conducting a public hearing with respect to the adoption of increases in rates, fees, and charges, or the adoption of new rates, fees, and charges for which no other procedure is provided by law; and, WHEREAS, on August 3, 2022, the City of Indio published a public hearing notice in the Desert Sun, a newspaper of record with respect to the adoption of new cannabis related rates, fees and charges; and,
WHEREAS, pursuant to California Government Code Section 66016, the City Council has held at least one public hearing on August 17, 2022 and received oral and written presentations there at with respect to the rates, fees and charges described herein prior to the adoption of this Resolution; and,
WHEREAS, pursuant to California Government Code Section 66018, the City Council has conducted and concluded a duly noticed public hearing on August 17, 2022 with respect to the rates, fees, and charges prior to the adoption of this Resolution; and WHEREAS, City staff supported by a qualified consultant have analyzed the cost of providing permitting and other services related to the administration of the City’s Cannabis Storefront Retail Business Permit Program; and, WHEREAS, the City Council desires to establish fees associated with the review of applications for all cannabis businesses authorized by the City of Indio as set forth herein; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and,
WHEREAS, the City Council has determined that the fee schedule for the administration of the City’s Cannabis Business Permit Program is reasonable in that the fees seek to recover the costs incurred by the City related to the permitting and other services for the administration of this 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 and are incorporated herein.

SECTION 2. The City Council hereby finds and determines that based upon the data, information, analysis, oral and written documentation presented to the City Council concerning the rates, fees, and charges described hereto do not exceed the established reasonable cost of providing the service for which the rates, fees, or charges are levied.

Page 5 of 7 ends

AGENDA ITEM #10.2
Resolution No. 10315 establishing and adopting a fee schedule for the ad... Page 418 of 970 -3-
SECTION 3. The rates, fees, and charges set forth below, are hereby adopted and approved as the rates, fees, and charges for the services identified for each such rate, fee, and/or charge inclusive of the City’s 3.64 percent technology fee:

Fee Description Fee Amount
Annual Regulatory Fee for Cannabis Retail Storefront Business Permit Recipients $23,082.70
Application Fee for Cannabis Retail Storefront Retail Businesses $10,856.00 Appeal Fee $3,632.58
Application Renewal Fee $260.40
Background Investigation (Owner/Manager) $310.92
Background Investigation Renewal (Owner/Manager) $103.64 SECTION 4.The City Council finds that the adoption of fees for the administration of the City of Indio Cannabis Business Permit Program is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. The City Council previously adopted Ordinance No. 1779 governing the locations of storefront cannabis retail, non-storefront cannabis retail and cannabis delivery. The City Council also approved Ordinance No. 1780 that regulates the operation of storefront cannabis retail, non-storefront cannabis retail and cannabis delivery in the City. The adoption of the aforementioned fees will allow the City to recover reasonable and appropriate fees based on fee studies for the permitting and administration of the Cannabis Business Permit Program. Therefore, the adoption of said fees is covered by the common sense exemption in that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Accordingly, the City Council finds the adoption of said fees exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.

SECTION 5. This Resolution shall take effect upon its adoption.

SECTION 6. The City Clerk shall certify to the passage, approval, and adoption of this Resolution.

Page 6 of 7 ends

AGENDA ITEM #10.2
Resolution No. 10315 establishing and adopting a fee schedule for the ad... Page 419 of 970 -4-
PASSED, APPROVED AND ADOPTED this 17th day of August, 2022.

WAYMOND FERMON, MAYOR

ATTEST:
________________________________

CYNTHIA HERNANDEZ, CMC

CITY CLERK

Page 7 of 7 ends

AGENDA ITEM #10.2
Resolution No. 10315 establishing and adopting a fee schedule for the ad... Page 420 of 970 City of Indio
City Council
August 17, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22 -03- 415) to subdivide a 8.48 acre parcel of land into four new commercial parcels and one remainder parcel located at 49 -730 Jefferson Street (Assessor's Parcel Number 602-090-006)

RECOMMENDATION:

Adopt Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-415) to subdivide a 8.48 acre parcel of land into four new commercial parcels and one remainder parcel located at 49 - 730 Jefferson Street (Assessor's Parcel Number 602 -090-006), and determine the project is exempt from en vironmental review pursuant to Section 15315 (Minor Land Divisions) of the California Environmental Quality Act (CEQA) Guidelines.

SUMMARY:

The Applicant is proposing to subdivide an approximately 8.48 acre parcel into four (4) commercial parcels, and one (1) remainder parcel for future residential and/or commercial development in accordance with the approved Citrus Plaza II Specific Plan (SP 19-08-063) and Environmental Assessment (EA 19-08-544). The parcels will be subdivided as follows: Parcel 1 (0.76 acres), Parcel 2 (0.38 acres), Parcel 3 (0.52 acres), Parcel 4 (3.47 acres) and the Remainder Lot (3.35 acres).

BACKGROUND INFORMATION:

On M arch 17, 2022, Canopy L.P. (California Limited Partnership) (“The Applicant”) submitted a Tentative Parcel Map application to subdivide an 8.48 acre parcel area into four (4) individual commercial parcels and one (1) remainder parcel.

Public Hearing Notice:

The Applicant submitted a certified list of property owners within 300 feet of the subject property on all sides. The Community Development Department mailed the public hearing notice for this public hearing to the certified list of property owners o n July 29, 2022. The Community Development Department published a public hearing notice in the Desert Sun newspaper on August 3, 2022. At the time of publication of this staff report, staff has received no public comments for this application.

Surrounding Land Uses:

The General Plan Land Use designations, zoning designations and surrounding existing uses are identified in the Table 1 below:

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 421 of 970

Table 1
General Plan, Zoning, and Surrounding Existing Uses:

General Plan Zoning Existing Use
Site: Neighborhood
Center (NC)
Citrus Plaza II Specific
Plan Under Construction
North:

Connected
Neighborhood
(CN)
Equestrian Estates (EE) Residential, Vacant Land
South: Neighborhood
Center (NC)
Neighborhood
Commercial (NC) Commercial
East:

Suburban
Neighborhood
(SN)
Country Estates Indio
Rancho (CEIR-2) Vacant Land
West: City of La
Quinta City of La Quinta
Street, Residential, Vacant
Commercial land (City of La
Quinta)

Tentative Parcel Map No. 38262:

Tentative Parcel Map No. 38262 (TPM 22-03-415) includes four (4) individual commercial parcels and one (1) residual parcel for future residential and or commercial use.

Table 2
Proposed Parcel Number, Uses, Parcel Size, and Existing Improvements Lot No. Proposed Use New Parcel Size Existing Improvements Parcel 1 Commercial 0.76 acre Vacant
Parcel 2 Commercial 0.38 acres Under Const.

Parcel 3 Commercial 0.52 acres Under Const.

Parcel 4 Commercial 3.47 acres Under Const.

Residual Residential and/or
Commercial 3.35 acres Vacant land

The Subdivision Map Act requires that, prior to any map approval, the City find that the proposed subdivision, together with the provisions for its design and improvement of any tentative map or a parcel map is consistent with the general plan. (Government Code Sections 66473.5). Pursuant to the General Plan 2040 approved by City Council on September 18, 2019, the land use designation for the proposed site is Neighborhood Center (NC), which allows a density up to 10 -20 dwelling units per acre (du/ac). The density of the proposed project is under the maximum density as allowed by the Neighborhood Center (NC) land use designation. Therefore, the applicant is able to establish that the proposed project is in conformity with the City’s General Plan density designation. The Citrus Plaza II Specific Plan was approved and found in compliance with the General Plan. The Citrus Plaza II Specific Plan, adopted by the City Council on July 15, 2020, is the de facto zoning for the property and supersedes the current Neighborhood Commercial zoning. The proposed density of the proposed Tentative Parcel Map No. 38262 in comparison to the density as allotted by the requirements of the General Plan demonstrates compliance with the applicable density for the site.

ENVIRONMENTAL ASSESSMENT:

Page 2 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 422 of 970 Pursuant to CEQA Guidelines Section 15315, the Class 15 categorical exemption applies to the division of property in urbanized areas zoned for residential, commercial, or industrial use into four (4) or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, access to services up to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent.

Staff has determined that the proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resource Code 21000 et seq) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) pursuant to CEQA Guidelines Sections 15315 (Minor Land Division) for the following reasons:

A. The proposed division is within the City of Indio, and the City of Indio is an urbanized area, and the subdivision would result in four (4) lots with one (1) remainder parcel.

B.The project has a commercial zoning designation of Neighborhood Commercial (NC), and a General Plan designation of Neighborhood Center (NC), and is consistent with both the land use and zoning policies in the General Plan 2040 and Citrus Plaza II Specific Plan.

C. There are no variances or exceptions required to process the subdivision; nor are there any requests from the applicant.

D. The parcel was not involved in a division of property in the past two (2) years.

E. The parcel does not have an average slope greater than 20 percent. The site is relatively flat and is currently undergoing commercial development construction.

Conclusion

The proposed project has been revi ewed for consistency pursuant to the requirements of the State CEQA Guidelines. Staff has determined that the proposed project is categorically exempt from CEQA pursuant to Section 15315 (Minor Land Divisions). None of the exceptions to the exemptions pursuant to Section 15300.2 of the CEQA Guidelines apply.

As a result, staff recommends the City Council review staff’s determination of exemption, and based on its own independent judgement, concur with staff’s determination of exemption under CEQA, and find that the proposed project is exempt under CEQA Guidelines Section 15315 and that no further environmental review is required for the purpose of the formation of Tentative Parcel Map 38262.

FINDINGS AND CONCLUSIONS:

The Indio Municipal Code provid es that the City Council shall, upon recommending approval unequivocally or with requirements and conditions upon a tentative map to the City Council, make the necessary findings as required the Subdivision Map Act. The Subdivision Map Act, in Government Code Section 66474, sets forth the findings required for tentative maps and are summarized as follows:

1. The proposed map is consistent with applicable general and specific plans as specified in Section 65451;

Page 3 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 423 of 970

The property has a land use designation of Neighborhood Center (NC) under the General Plan 2040.

The NC land use provides for areas with a variety of neighborhood -serving retail and commercial uses, housing of various types, other neighborhood serving amen ities and community gathering spaces for residents. Pursuant to the Chapter 3 (Land Use and Urban Design) of the Indio General Plan 2040, the NC zone supports the allowance for the development intensities of 10-20 dwelling units per acre. The proposed Tentative Parcel Map No. 38262 provides for the subdivision of the 8.48 acre parcel site into four (4) individual commercial parcels with one (1) residual lot for proposed future residential and or commercial use and is below the maximum density. The project w ill support retail and commercial development, and potential residential development in the future. The project is consistent with the General Plan and Citrus Plaza II Specific Plan.

2. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans;

The proposed project and its proposed design and improvements are consistent with the General Plan land use designation of Neighborhood Center (NC). The proposed project is required to conform to the land uses and development standards of the Neighborhood Commercial (NC) Zoning District under the Citrus Plaza Specific Plan II. The SP establishes development standards, including setbacks, landscape requirements as well as maximum building heights, and architectu ral features.

In accordance with the Specific (SP 19 -08-063) existing and any proposed future construction albeit commercial and or residential shall comply with the development standards of the applicable zoning district. Accordingly, the proposed project, including the design and improvements, are consistent with the applicable general plan.

3. The site is physically suitable for the type of development;

The site is physically suitable for the type of development in keeping with the requirements of t he general development standards of the SP and General Plan 2040. The proposed project site is 8.48 acre site and the parcel is adequate to accommodate the proposed four (4) individual commercial parcels, required accesses, utilities, and drainage facilities. The varying parcel sizes of the proposed subdivision design make available 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 the site.

4. The site is physically suitable for the proposed density of development;

The site of the proposed subdivision contemplated under Tentative Parcel Map No. 38262 is physically suitable for the proposed density of the development. The resulting four (4) commercial parcels and one (1) remainder residential and or commercial parcel, comply with the app licable development standards of the SP.

The proposed Tentative Parcel Map No. 38262 has a density that is below the requirement of density allowed per units per acre by the General Plan – Neighborhood Center (NC) land use designation.

The density of the proposed project is physically suitable for the configuration of proposed lots. The site is adequate in shape and size to accommodate the proposed development. Since the proposed project is within the allowed density of the Neighborhood Center (NC) land use designation, it can be found that the proposed subdivision is physically suitable for the proposed density of the development.

Page 4 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 424 of 970

5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

Pursuant to the CEQA Guidelines, the proposed project qualifies for a categorical exemption from the requirements of the California Environmental Quality Act (CEQA) (Public Resource Code 21000 et seq) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) pursuant to CEQA Guidelines Sections 15315 (Minor Land Division). The site is served by streets adequate in width and pavement type to carry the quantity and type of traffic expected to be generated by the proposed development. 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 currently undergoing commercial development construction, which was authorized under the Specific Plan. Environmental analysis was conducted for the allowed uses in the SP. There is no wildlife habitat, nor fish habitat on site. The project site is urban and does not contain any watercourses or other natural features that would create impacts to fish and wi ldlife habitat. The project is therefore not likely to cause substantial environmental damage and within the City and provides no fish or significant wildlife habitat.

6. The design of the subdivision or type of improvements are not likely to cause serio us public health problems;

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 stru ctures, 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, an d a security construction plan must be submitted.

The development is required to remain in compliance with these conditions so as to prevent or cause the subdivision and its improvements from bringing about or purposely creating any public health problems for those that enter the development. There have been proper planning and implementation of onsite improvements such as: storm drainage, sanitary sewer, water, streets and all utilities are available to the site and have capacity to accommodate the project.

The specific 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.

7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

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 Parcel Map No. 38262 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

Page 5 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 425 of 970 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.

Conclusion:

Based on the preceding information provide herein this report, staff concludes that the findings set forth in Government Code Section 66474 can affirmativ ely be made for proposed Tentative Parcel Map No. 38262 (TPM 22 -03-415). The proposed project is consistent with the General Plan as it meets the Neighborhood Center (NC) land use designation 10-20 dwelling units per acre.

The proposed subdivision is c onsistent with General Plan Land Use Policy LU -9. Neighborhood Center Design subarea (LU -9.2) which allows for the design of new neighborhood centers to be walkable and pedestrian friendly with building that face street and public sidewalks specifically wi th primary building entrances that face the street.

The proposed subdivision consists of (4) four commercial parcels and (1) one residual parcel for proposed future residential and commercial development within 3.35 acres, and, upon analysis, it meets the density and development standards. The design of the subdivision will not conflict with easements acquired by the public at large, for access through or use of property within the proposed subdivision because all such improvements will be constructed to be adequate for the proposed project, and it will not cause substantial environmental damage or substantially avoidably injure fish or wildlife or their habitat. The required conditions of approval ensure the proposed project from being detrimental to the public health, safety or welfare and actually protect and promote the public health, safety and welfare, and the conditions prevent material injury to properties or improvements in the vicinity.

PLANNING COMMISSION ACTION:

The Planning Commission conducted a public hearing for the proposed Tentative Parcel Map No. 38262 (TPM 22-02-415) on July 27, 2022. The Planning Commission voted 3 -0 to adopt Resolution No. 2031 recommending that City Council approve Tentative Parcel Map No. 38262 and find that the project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15315 (Minor Land Divisions) of the CEQA Guidelines.

RECOMMENDATION:

Adopt Resolution No. 10318 approving Tentative Parcel Map N o. 38262 (TPM 22 -02-415) to subdivide a 8.48 acre parcel of land into four single commercial parcels and one remainder parcel located at 49 -730 Jefferson Street (Assessor's Parcel Number 602 -090-006), and determine the project is exempt from environmental review pursuant to Section 15315 (Minor Land Divisions) of the California Environmental Quality Act (CEQA) Guidelines.

ATTACHMENTS:

Attachment 1 - Resolution No. 10318
Attachment 2- Resolution No. 2031
Attachment 3 - Vicinity Map
Attachment 4 - Tentative Parcel Map No. 38262

Page 6 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 426 of 970

APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 29 Jul 2022 Roxanne Diaz, City Attorney Approved - 03 Aug 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 05 Aug 2022 Bryan H. Montgomery, City Manager Approved - 08 Aug 2022

Page 7 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 427 of 970 RESOLUTION NO. 10318

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, TO APPROVE TENTATIVE PARCEL MAP NO. 38262 (TPM 22-03-415) TO SUBDIVIDE A 8.48 ACRE PARCEL OF LAND INTO FOUR SINGLE COMMERCIAL PARCELS AND ONE REMAINDER PARCEL LOCATED AT 49-730 JEFFERSON STREET (ASSESSOR'S PARCEL NUMBER 602-090-006), AND DETERMINE THE

PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15315 (MINOR LAND DIVISIONS) OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT GUIDELINES.

WHEREAS, on March 17, 2022, Canopy L.P., a California Limited Partnership (the “Applicant”) submitted a Tentative Parcel Map application and associated documentation for a Tentative Parcel Map No. 38262 (TPM 22-03-415) to subdivide a

8.48 acre parcel into four (4) parcels and a remainder parcel (“Project”); and WHEREAS, the Project site is located on the east side of Jefferson Street, north of Avenue 50 at the property identified as 49-730 Jefferson Street (Assessor's Parcel Number 602-090-006); and
WHEREAS, the Project has a current General Plan designation of Neighborhood Center (NC) per the General Plan 2040, adopted on September 18, 2018; and WHEREAS, on July 15, 2020, the City Council adopted the Citrus Plaza, the Specific Plan that regulates land uses and development standards for the subject property; and
WHEREAS, on July 27, 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. 2031 to recommend that the City Council approve the Project, subject to the conditions listed therein; and
WHEREAS, notice of a public hearing was conducted in accordance with Section 159.905 of the Indio Municipal Code, inclusive of the publication on August 3, 2022, of a legal public hearing notice in the 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 July 29, 2022; and

WHEREAS, on August 17, 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.

Page 8 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 428 of 970

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 was reviewed and found exempt under CEQA Guidelines Sections 15315 (Minor Land Division) for the following reasons: The Tentative Parcel Map is within the City of Indio, and the City of Indio is an urbanized area, and the subdivision would result in four (4) lots with one (1) remainder parcel. The project has a commercial zoning designation of Neighborhood Commercial (NC), and a General Plan designation of Neighborhood Center (NC), and is consistent with both the land use and zoning policies in the General Plan 2040 and Citrus Plaza II Specific Plan.

The division is in accordance with the General Plan and zoning, no variances or exceptions are required, and all services and access to the proposed parcels are available. Furthermore, the parcel was not involved in a division of a larger parcel within the previous two years, nor does the parcel have an average slope greater than 20 percent. Therefore, the City Council, based on its own independent judgment and review of the record in full, finds the Project is exempt from further review pursuant to Section 15315 of the CEQA Guidelines. Additionally, none of the exceptions to the exemptions pursuant to Section 15300.2 of the CEQA Guidelines apply.

SECTION 3. Based upon the evidence presented at the hearing, including the staff report, the City Council hereby finds and determines the Project complies with the necessary findings as required by the Subdivision Map Act. The Subdivision Map Act, in Government Code Section 66474, sets forth the findings required for tentative maps and are summarized as follows:

1. The proposed map is consistent with applicable general and specific plans as specified in Section 65451;
The property has a land use designation of Neighborhood Center (NC) under the General Plan 2040. The NC land use provides for areas with a variety of neighborhood- serving retail and commercial uses, housing of various types, other neighborhood serving amenities and community gathering spaces for residents. Pursuant to the Chapter 3 (Land Use and Urban Design) of the Indio General Plan 2040, the NC zone supports the allowance for the development intensities of 10-20 dwelling units per acre.

The proposed Tentative Parcel Map No. 38262 provides for the subdivision of the 8.48 acre parcel site into four (4) individual commercial parcels with one (1) residual lot for proposed future residential and or commercial use and is below the maximum density.

The project will support retail and commercial development, and potential residential development in the future. The project is consistent with the General Plan and Citrus Plaza II Specific Plan.

Page 9 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 429 of 970

2. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans;
The proposed project and its proposed design and improvements are consistent with the General Plan land use designation of Neighborhood Center (NC). The proposed project is required to conform to the land uses and development standards of the Neighborhood Commercial (NC) Zoning District under the Citrus Plaza Specific Plan II.

The SP establishes development standards, including setbacks, landscape requirements as well as maximum building heights, and architectural features. In accordance with the Specific (SP 19-08-063) the existing and any proposed future construction albeit commercial and or residential shall comply with the development standards of the applicable zoning district. Accordingly, the proposed project, including the design and improvements, are consistent with the applicable general plan.

3. The site is physically suitable for the type of development; The site is physically suitable for the type of development in keeping with the requirements of the general development standards of the SP and General Plan 2040.

The proposed project site is 8.48 acre site and the parcel is adequate to accommodate the proposed four (4) individual commercial parcels, required accesses, utilities, and drainage facilities. The varying parcel sizes of the proposed subdivision design make available 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 the site.

4. The site is physically suitable for the proposed density of development; The site of the proposed subdivision contemplated under Tentative Parcel Map No. 38262 is physically suitable for the proposed density of the development. The resulting four (4) commercial parcels and one (1) remainder residential and or commercial parcel, comply with the applicable development standards of the SP.

The proposed Tentative Parcel Map No. 38262 has a density that is below the requirement of density allowed per units per acre by the General Plan – Neighborhood Center (NC) land use designation. The density of the proposed project is physically suitable for the configuration of proposed lots. The site is adequate in shape and size to accommodate the proposed development. Since the proposed project is within the allowed density of the Neighborhood Center (NC) land use designation, it can be found that the proposed subdivision is physically suitable for the proposed density of the development.

5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

Page 10 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 430 of 970 Pursuant to the CEQA Guidelines, the proposed project qualifies for a categorical exemption from the requirements of the California Environmental Quality Act (CEQA) (Public Resource Code 21000 et seq) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) pursuant to CEQA Guidelines Sections 15315 (Minor Land Division). The site is served by streets adequate in width and pavement type to carry the quantity and type of traffic expected to be generated by the proposed development. 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 currently undergoing commercial development construction, which was authorized under the Specific Plan. Environmental analysis was conducted for the allowed uses in the SP.

There is no wildlife habitat, nor fish habitat on site. The project site is urban and does not contain any watercourses or other natural features that would create impacts to fish and wildlife habitat. The project is therefore not likely to cause substantial environmental damage and within the City and provides no fish or significant wildlife habitat.

6. The design of the subdivision or type of improvements are not likely to cause serious public health problems;
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.

7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

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

Page 11 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 431 of 970 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 as part of the overall approval of the proposed project. Tentative Parcel Map No. 38262 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 of the City of Indio approves Tentative Parcel Map No. 38262 (TPM 22-03-415) with the following conditions of approval:

A. General Conditions of Approval:

The Applicant shall demonstrate full compliance with the following conditions of approval at all times of the valid tentative parcel map approval:

1. Tentative Parcel Map No. 38262 (TPM 22-03-415) approval granted by this Resolution shall expire two years after its approval, or as otherwise prescribed by the Subdivision Map Act and City of Indio Municipal Code.

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 one-year 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.

2. In the event of any court action or proceeding challenging the approval of this resolution or otherwise challenging the approval of Tentative Parcel Map No. 38262 (TPM 22-03-415) 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 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

Page 12 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 432 of 970 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.

3. The Applicant shall ensure that development shall occur substantially as shown on the Tentative Parcel Map No. 38262 (TPM 22-03-415).

4. The Applicant shall cause to be recorded against the property these and all related conditions of approval with the Riverside County Recorder, within thirty (30) calendar days of this approval.

5. The Applicant shall, within thirty (30) calendar days after the City Council adopts the Resolution approving Tentative Parcel Map No. 38262 (TPM 22-03-415), submit to the Community Development Director written consent to all of the conditions of approval contained in the Resolution.

Tentative Parcel Map No. 38262 (TPM 22-03-415) shall be void and of no force or effect unless such written consent is submitted to the City within the 30 calendar day period.

6. 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.

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. 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

Page 13 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 433 of 970 e. All back-up information for map references (easement documents, maps, etc.)

3. Final Parcel map shall include:
a. Subdivision Improvement Agreement
b. Improvement Bonds

4. The Applicant shall form a property owners association for the maintenance of all frontage landscaping along Jefferson Street.

5. 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.

6. The Covenants, Conditions and Restrictions shall be recorded prior to recordation of final map.

C. Prior to the issuance of a Grading Permit
Prior to issuance of a grading or similar permit, the Applicant shall demonstrate full compliance with the following conditions of approval:

1. The 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. The Applicant shall submit PM10 (Dust Control) implementation plans for City approval.

3. The Applicant shall submit a Water Quality Management Plan for City approval prior to the issuance of any grading permit.

4. The Applicant shall submit for City approval the following items:

Page 14 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 434 of 970 a. Precise Grading Plans – shall include the street address for each lot and building footprint
b. Soils Report
c. Hydrology Report

5. Retaining walls shall be required at elevational differences greater than 12 inches between lots throughout the project and in relation to adjacent boundary properties (if applicable) unless otherwise approved by the City Engineer.

6. The Applicant shall use Riverside County Flood Control District standards and submit local on-site and regional hydrology, hydraulic storm calculations for City review and approval.

7. The 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(s). 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(s) 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 by the Director of Community Development Services and the City Engineer based on grading plans and additional information to be submitted during plan check.

D. Prior to the issuance of a Building Permit
Prior to issuance of a building permit for any building or structure governed by Tentative Parcel Map No. 38262 (TPM 22-03-415), the Applicant shall demonstrate full compliance with the following conditions of approval:

1. Fire Department Access: Dead end fire access roads more than 150 feet in length shall be provided with approved provisions for turnaround

Page 15 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 435 of 970 capabilities of fire apparatus. Access roads 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 60,000 lbs over two axles.

2. Flag Lots: Flag lot development is not allowed due to complications with emergency access.

3. Gate Access: Gates across fire access roads shall be provided with a Knox padlock (manual gates) or a Knox switch and automatic sensors (electronic gates).

4. Traffic Calming Devices: Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal.

5. These conditions are preliminary and additional requirements may be required based upon the adopted codes at the time of submittal. For questions or comments related to this project or these conditions please contact Assistant Fire Marshal at (951) 623-3844 or
[email protected].

E. Prior to the 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. The Applicant shall:
a. Dispose of all concrete and asphalt removals from the proposed project to an approved recyclable site.
b. The 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. The proposed project shall comply with American with Disabilities Act (ADA).

3. The Applicant shall submit for City approval the following items:
a. Street improvement plans
b. Streetlight plans
c. Landscape and Irrigation plans

4. The Applicant shall construct full off-site street improvements on the following street:

Page 16 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 436 of 970 a. Jefferson Street one-half street improvements (East Side)

5. The improvements shall include construction of sidewalk, street lights, irrigation and landscaping, catch basins and storm drains along the property frontage.

6. All off-site street improvements including energizing of street lights and installation of irrigation and landscaping along Jefferson Street shall be constructed and accepted by the City prior to issuance of a temporary or permanent certificate of occupancy.

7. The Applicant shall obtain an encroachment permit prior to starting any street improvements within the public streets.

8. Applicant shall remove existing driveways.

9. The proposed driveways shall be a radius driveway per City of Indio Standard Plan No. 130, R = 20’ min.

10. Applicant shall remove and replace any damaged or broken asphalt concrete pavements, curb/gutter on Jefferson Street along the project’s property frontage.

11. All improvements shall comply with City standards, requirements and policies. The Applicant is required to construct all transition and missing links between existing and proposed improvements, per the satisfaction of the City Engineer.

12. All overhead utilities less than 92kv, located within the project boundaries, bordering the project and/or fronting the project shall be undergrounded.

SECTION 6.This resolution shall take effect immediately upon its adoption. The City Clerk shall certify the adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 17th day of August 2022. _________________________

WAYMOND FERMON
MAYOR

Page 17 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 437 of 970 ATTEST:
________________________________

CYNTHIA HERNANDEZ, CMC

CITY CLERK
APPROVED AS TO FORM:
________________________________

ROXANNE DIAZ

CITY ATTORNEY

Page 18 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 438 of 970

Page 19 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 439 of 970

Page 20 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 440 of 970 RESOLUTIONNO.2031ARESOLUTIONOFTHEPLANNINGCOMMISSIONOFTHECITYOFINDIO,CALIFORNIA,TORECOMMENDAPPROV ALTOTHECITYCOUNCILFORTENTATIVEPARCELMAPNO.38262(TPM22-03-415)TOSUBDIVIDEA8.48ACREPARCELOFLANDINTOFOURSINGLECOMMERCIALPARCELSANDONEREMAINDERPARCELLOCATEDAT49-730JEFFERSONSTREET(ASSESSOR'SPARCELNUMBER602-090-006),ANDDETERMINETHEPROJECTISEXEMPTFROMENVIRONMENTALREVIEWPURSUANTTOSECTION15315(MINORLANDDIVISIONS)OFTHECALIFORNIAENVIRONMENTALQUALITYACTGUIDELINES.WHEREAS,onMarch17,2022,CanopyL.P.,aCaliforniaLimitedPartnership(the“Applicant”)submittedaTentativeParcelMapapplicationandassociateddocumentationforaTentativeParcelMapNo.38262(TPM22-03-415)tosubdividea8.48acreparcelintofour(4)parcelsandaremainderparcel(“Project”);andWHEREAS,theProjectsiteislocatedontheeastsideofJeffersonStreet,northofAvenue50atthepropertyidentifiedas49-730JeffersonStreet(Assessor'sParcelNumber602-090-006);andWHEREAS,theProjectiswithintheNeighborhoodCenterlandusedesignationpertheGeneralPlan2040andtheNeighborhoodCommercialzoneundertheCitrusPlazallSpecificPlan;andWHEREAS,noticeofapublichearingwasconductedinaccordancewithSection159.905ofthelndioMunicipalCode,inclusiveofthepublicationonJuly15,2022,ofalegalpublichearingnoticeintheDesertSun,theCity'snewspaperofrecordandmailingofapublichearingnoticetoacertifiedlistofpropertyownerswithin300feetofthesubjectpropertiesonJuly12,2022;andWHEREAS,onJuly27,2022,thePlanningCommissionheldadulynoticedpublichearingtoconsidertheapplicationfortheProjectduringwhichevidence,bothwrittenandoral,includingthestaffreportandsupportingdocuments,waspresentedatsaidhearing.Attheconclusionofthehearing,thePlanningCommissionadoptedResolutionNo.2031torecommendthattheCityCouncilapprovetheProject,subjecttotheconditionslistedtherein.NOW,THEREFORE,THEPLANNINGCOMMISSIONOFTHECITYOFINDIO,CALIFORNIA,HEREBYFINDS,DETERMINESANDRESOLVESASFOLLOWS:Section1.ThePlanningCommissionherebyspecifically?ndsthatallofthefactssetforthintherecitalsofthisResolutionaretrueandcorrectandareincorporatedintothisResolutionbyreferenceandconstituteamaterialpartofthisResolution.

Page 21 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 441 of 970 Section2.TheProjectwasreviewedandfoundexemptunderCEQAGuidelinesSections15315(MinorLandDivision)forthefollowingreasons:TheTentativeParcelMapiswithintheCityoflndio,andtheCityoflndioisanurbanizedarea,andthesubdivisionwouldresultinfour(4)lotswithone(1)remainderparcel.TheprojecthasacommercialzoningdesignationofNeighborhoodCommercial(NC),andaGeneralPlandesignationofNeighborhoodCenter(NC),andisconsistentwithboththelanduseandzoningpoliciesintheGeneralPlan2040andCitrusPlazallSpeci?cPlan.ThedivisionisinaccordancewiththeGeneralPlanandzoning,novariancesorexceptionsarerequired,andallservicesandaccesstotheproposedparcelsareavailable.Furthermore,theparcelwasnotinvolvedinadivisionofalargerparcelwithintheprevioustwoyears,nordoestheparcelhaveanaverageslopegreaterthan20percent.Therefore,thePlanningCommission,basedonitsownindependentjudgmentandreviewoftherecordinfull,findstheProjectisexemptfromfurtherreviewpursuanttoSection15315oftheCEQAGuidelines.Additionally,noneoftheexceptionstotheexemptionspursuanttoSection15300.2oftheCEQAGuidelinesapply.Section3.Basedupontheevidencepresentedatthehearing,includingthestaffreport,thePlanningCommissionhereby?ndsanddeterminestheProjectcomplieswiththenecessary?ndingsasrequiredbytheSubdivisionMapAct.TheSubdivisionMapAct,inGovernmentCodeSection66474,setsforththe?ndingsrequiredfortentativemapsandaresummarizedasfollows:1.TheproposedmapisconsistentwithapplicablegeneralandspecificplansasspecifiedinSection65451;ThepropertyhasalandusedesignationofNeighborhoodCenter(NC)undertheGeneralPlan2040.TheNClanduseprovidesforareaswithavarietyofneighborhood-servingretailandcommercialuses,housingofvarioustypes,otherneighborhoodservingamenitiesandcommunitygatheringspacesforresidents.PursuanttotheChapter3(LandUseandUrbanDesign)ofthelndioGeneralPlan2040,theNCzonesupportstheallowanceforthedevelopmentintensitiesof10-20dwellingunitsperacre.TheproposedTentativeParcelMapNo.38262providesforthesubdivisionofthe8.48acreparcelsiteintofour(4)individualcommercialparcelswithone(1)residuallotforproposedfutureresidentialandorcommercialuseandisbelowthemaximumdensity.Theprojectwillsupportretailandcommercialdevelopment,andpotentialresidentialdevelopmentinthefuture.TheprojectisconsistentwiththeGeneralPlanandCitrusPlazallSpecificPlan.2.Thedesignorimprovementoftheproposedsubdivisionisconsistentwithapplicablegeneralandspeci?cplans;TheproposedprojectanditsproposeddesignandimprovementsareconsistentwiththeGeneralPlanlandusedesignationofNeighborhoodCenter(NC).TheproposedprojectisrequiredtoconformtothelandusesanddevelopmentstandardsoftheNeighborhoodCommercial(NC)ZoningDistrictundertheCitrusPlazaSpeci?cPlanII.TheSPestablishesdevelopmentstandards,includingsetbacks,landscaperequirementsaswellasmaximumbuildingheights,andarchitecturalfeatures.InaccordancewiththeSpecific

Page 22 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 442 of 970 (SP19-08-063)theexistingandanyproposedfutureconstructionalbeitcommercialandorresidentialshallcomplywiththedevelopmentstandardsoftheapplicablezoningdistrict.Accordingly,theproposedproject,includingthedesignandimprovements,areconsistentwiththeapplicablegeneralplan.3.Thesiteisphysicallysuitableforthetypeofdevelopment;ThesiteisphysicallysuitableforthetypeofdevelopmentinkeepingwiththerequirementsofthegeneraldevelopmentstandardsoftheSPandGeneralPlan2040.Theproposedprojectsiteis8.48acresiteandtheparcelisadequatetoaccommodatetheproposedfour(4)individualcommercialparcels,requiredaccesses,utilities,anddrainagefacilities.Thevaryingparcelsizesoftheproposedsubdivisiondesignmakeavailableforadequateroadwaysandinfrastructurethatallowsforthesitetobephysicallysuitableforresidentialdevelopment.Furthermore,thesitehasaminimalslope,allpublicservicesareavailableandtherearenophysicalconstraints.Therefore,itcanbefoundthattheproposedsubdivisionisphysicallysuitableforthesite.4.Thesiteisphysicallysuitablefortheproposeddensityofdevelopment;ThesiteoftheproposedsubdivisioncontemplatedunderTentativeParcelMapNo.38262isphysicallysuitablefortheproposeddensityofthedevelopment.Theresultingfour(4)commercialparcelsandone(1)remainderresidentialandorcommercialparcel,complywiththeapplicabledevelopmentstandardsoftheSP.TheproposedTentativeParcelMapNo.38262hasadensitythatisbelowtherequirementofdensityallowedperunitsperacrebytheGeneralPlan—NeighborhoodCenter(NC)landusedesignation.Thedensityoftheproposedprojectisphysicallysuitableforthecon?gurationofproposedlots.Thesiteisadequateinshapeandsizetoaccommodatetheproposeddevelopment.SincetheproposedprojectiswithinthealloweddensityoftheNeighborhoodCenter(NC)landusedesignation,itcanbefoundthattheproposedsubdivisionisphysicallysuitablefortheproposeddensityofthedevelopment.5.Thedesignofthesubdivisionortheproposedimprovementsarenotlikelytocausesubstantialenvironmentaldamageorsubstantiallyandavoidablyinjure?shorwildlifeortheirhabitat;PursuanttotheCEQAGuidelines,theproposedprojectquali?esforacategoricalexemptionfromtherequirementsoftheCaliforniaEnvironmentalQualityAct(CEQA)(PublicResourceCode21000etseq)andtheStateCEQAGuidelines(CaliforniaCodeofRegulations,Title14,Section15000etseq.)pursuanttoCEQAGuidelinesSections15315(MinorLandDivision).Thesiteisservedbystreetsadequateinwidthandpavementtypetocarrythequantityandtypeoftraf?cexpectedtobegeneratedbytheproposeddevelopment.Theprojectsiteissurroundedbyurbanusesandthereisnopresenceof?shorwildlifeortheirhabitatonthisproperty.Theprojectiscurrentlyundergoingcommercialdevelopmentconstruction,whichwasauthorizedunderthe

Page 23 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 443 of 970 SpecificPlan.EnvironmentalanalysiswasconductedfortheallowedusesintheSP.Thereisnowildlifehabitat,nor?shhabitatonsite.Theprojectsiteisurbananddoesnotcontainanywatercoursesorothernaturalfeaturesthatwouldcreateimpactstofishandwildlifehabitat.TheprojectisthereforenotlikelytocausesubstantialenvironmentaldamageandwithintheCityandprovidesnofishorsignificantwildlifehabitat.6.Thedesignofthesubdivisionortypeofimprovementsarenotlikelytocauseseriouspublichealthproblems;Theproposeddesignofthesubdivisionortypeofimprovementscontemplatedbytheproposedprojectarenotlikelytocauseseriouspublichealthproblems.Theproposedprojectwillbeconditionedtoensureallcommonareastructures,landscaping,sidewalks,parkinglotsurfacing,andallotherimprovementswithintheproposedprojectmustbecontinuallymaintainedingoodconditionandrepair,alldeadordyinglandscapematerialmustbereplacedwithnewlandscapematerial,andasecurityconstructionplanmustbesubmitted.Thedevelopmentisrequiredtoremainincompliancewiththeseconditionssoastopreventorcausethesubdivisionanditsimprovementsfrombringingaboutorpurposelycreatinganypublichealthproblemsforthosethatenterthedevelopment.Therehavebeenproperplanningandimplementationofonsiteimprovementssuchas:stormdrainage,sanitarysewer,water,streetsandallutilitiesareavailabletothesiteandhavecapacitytoaccommodatetheproject.Thespeci?csubdivisionhasbeendesignedsotheparcelshavethenecessaryinfrastructuretoadequatelyservethedevelopmentandallproposedusesasallowedbythezoningordinancesthatregulatetheproject.Accordingly,compliancewiththeapplicablestandardsfortheexistingstructuresandtheconditionsofapprovalwillpreventtheproposedprojectfrombeingdetrimentaltothepublichealth,safetyorwelfareormateriallyinjurioustopropertiesorimprovementsinthevicinity.7.Thedesignofthesubdivisionorthetypeofimprovementswillnotcon?ictwitheasements,acquiredbythepublicatlarge,foraccessthroughoruseof,propertywithintheproposedsubdivision.Thedesignortypeofimprovementswillnotconflictwitheasements,acquiredbythepublicatlarge,foraccessthroughoruseofthepropertywithintheproposedsubdivision.Publicutilitiesforelectricity,water,sewer,telecommunications,andgasservicehaveallbeenassessedforavailability.TheaccesspointstotheproposedprojecthavebeenreviewedandapprovedbytheFireDepartmentandPublicWorksaspartoftheoverallapprovaloftheproposedproject.TentativeParcelMapNo.38262includeseasementsforroadways,drainagefacilities,andutilitiesthatwillberecordedinthefinalmap.Therearenoknownpubliceasementstraversingthesubjectsitethatwouldbeadverselyaffectedbytheproposedproject.Therefore,thedesignofthesubdivisionwillnotconflictwitheasementsacquiredorrequiredbythepublicatlarge,foraccessthroughoruseoftheproperty.

Page 24 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 444 of 970 Section4.Basedontheforegoing,thePlanningCommissionoftheCityoflndioapprovesTentativeParcelMapNo.38262(TPM22-03-415)withthefollowingconditionsofapproval:A.GeneralConditionsofApproval:TheApplicantshalldemonstratefullcompliancewiththefollowingconditionsofapprovalatalltimesofthevalidtentativeparcelmapapproval:1.TentativeParcelMapNo.38262(TPM22-03-415)approvalgrantedbythisResolutionshallexpiretwoyearsafteritsapproval,orasotherwiseprescribedbytheSubdivisionMapActandCityoflndioMunicipalCode.Anapplicationfortimeextensionshallbefiledatleast45daysbeforethetentativemapisduetoexpire.TheDirectorofCommunityDevelopmentmaygrantaone-yearadministrativeextensionoftimeprovidedthatthepropertyisproperlymaintainedandfreeofweedsanddebris.TheCityCouncilmayapproveadditionalextensionsprovidedthatthetotalextensionsdonotexceedthemaximumtimeframesprescribedbytheSubdivisionMapAct.2.IntheeventofanycourtactionorproceedingchallengingtheapprovalofthisresolutionorotherwisechallengingtheapprovalofTentativeParcelMapNo.38262(TPM22-03-415)ortheenvironmentaldeterminationconductedinconjunctionwiththistentativemapapproval,theApplicantshalldefend,atitsownexpense,theactionorproceeding.Inaddition,theApplicantshallreimbursetheCityfortheCity'scostofdefendinganysuchcourtactionorproceeding.TheApplicantshallalsopayanyawardofcosts,expensesandfeesthatthecourthavingjurisdictionoversuchchallengemakesinfavorofanychallengerandagainsttheCity.TheApplicantshallcooperatewiththeCityinanysuchdefenseastheCitymayreasonablyrequestandmaynotresolvesuchchallengewithouttheagreementoftheCity.IntheeventtheApplicantfailsorrefusestoreimbursetheCityforitscosttodefendanychallenge,theCityshallhavetheright,amongotherremedies,torevokethisapproval.Inordertoensurecompliancewiththiscondition,withintwenty(20)daysafternotificationbytheCityofthefilingofanyclaim,actionorproceedingtoattack,setaside,voidorannultheapprovalofthisdesignreview,theApplicantshalldepositwiththeCitycashorothersecurityintheamountoftenthousanddollars($10,000),satisfactoryinformtotheCityAttorney,guaranteeingindemnificationorreimbursementtotheCityofallcostsrelatedtoanyactiontriggeringtheobligationsofthiscondition.IftheCityisrequiredtodrawonthatcashorsecuritytoindemnifyorreimburseitselfforsuchcosts,theApplicantshallrestorethedeposittoitsoriginalamountwithinthirty(30)daysafternoticefromtheCity.Additionally,ifatanytimetheCityAttorneydeterminesthatanadditionaldepositisnecessarytosecuretheobligationsofthissection,theApplicantshallprovidesuchadditionalsecuritywithinthirty(30)daysof

Page 25 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 445 of 970 noticefromtheCityAttorney.TheCityshallpromptlynotifytheApplicantofanyclaim,actionorproceedingwithinthescopeofthiscondition.3.TheApplicantshallensurethatdevelopmentshalloccursubstantiallyasshownontheTentativeParcelMapNo.38262(TPM22-03-415).4.TheApplicantshallcausetoberecordedagainstthepropertytheseandallrelatedconditionsofapprovalwiththeRiversideCountyRecorder,withinthirty(30)calendardaysofthisapproval.5.TheApplicantshall,withinthirty(30)calendardaysaftertheCityCounciladoptstheResolutionapprovingTentativeParcelMapNo.38262(TPM22-03-415),submittotheCommunityDevelopmentDirectorwrittenconsenttoalloftheconditionsofapprovalcontainedintheResolution.TentativeParcelMapNo.38262(TPM22-03-415)shallbevoidandofnoforceoreffectunlesssuchwrittenconsentissubmittedtotheCitywithinthe30calendardayperiod.6.The?nalmapshallbepreparedbyalicensedlandsurveyororregisteredcivilengineersubjecttoallrequirementsoftheStateofCaliforniaSubdivisionMapActandthelndioMunicipalCode.B.PriortoFinalMapApprovalPriorto?nalmapapproval,theApplicantshalldemonstratefullcompliancewiththefollowingconditionsofapproval:1.TheApplicantshallsubmitacopyoftheFinalMaptoCoachellaValleyWaterDistrict(CVWD)fortheirreviewandshallobtainaclearanceletterfromCVWDpriortorecordationoftheFinalMap.2.ApplicantshallsubmitforCityapprovalthefollowingitems:.FinalParcelMap.TitleReport(updatedwithinatleast60days)FinalMapClosureCalculations.AutoCAD&GISShapeFileforFinalParcelMap.Allback-upinformationformapreferences(easementdocuments,maps,etc.) coo._oo'm

3.FinalParcelmapshallinclude:a.SubdivisionImprovementAgreementb.ImprovementBonds4.TheApplicantshallformapropertyownersassociationforthemaintenanceofallfrontagelandscapingalongJeffersonStreet.

Page 26 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 446 of 970

5.AcopyoftheCovenant,Conditions,andRestrictions(CC&Rs)shallbesubmittedtothePublicWorksEngineeringDivisionandCommunityDevelopmentDepartmentforreviewandapprovalwithmaintenanceprovisionflagged.

6.TheCovenants,ConditionsandRestrictionsshallberecordedpriortorecordationof?nalmap.

C.PriortotheissuanceofaGradingPermitPriortoissuanceofagradingorsimilarpermit,theApplicantshalldemonstratefullcompliancewiththefollowingconditionsofapproval:

1.TheApplicantshallcomplywithNationalPollutionDischargeEliminationSystem(NPDES)requirementsperstateregulations,contactinformationisasfollows:CaliforniaRegionalWaterQualityControlBoard(RWQCB),ColoradoRiverBasinRegion73-720FredWaringDrive#100PalmDesert,CA92260(760)346-7491wvvvv.waterboards.ca.c|ov/coloradoriver *Pleasenote:Priortotheissuanceofanygradingpermit,acopyoftheNOI(Noticeoflntent)andtheWD|D#(WasteDischargeIdentificationNo.),shallbefiledwiththeCityoflndio’sEngineeringDivision.

2.TheApplicantshallsubmitPM1O(DustControl)implementationplansforCityapproval.

3.TheApplicantshallsubmitaWaterQualityManagementPlanforCityapprovalpriortotheissuanceofanygradingpermit.

4.TheApplicantshallsubmitforCityapprovalthefollowingitems:
a.PreciseGradingPlans— shallincludethestreetaddressforeachlotandbuildingfootprintb.SoilsReportc.HydrologyReport

5.Retainingwallsshallberequiredatelevationaldifferencesgreaterthan12inchesbetweenlotsthroughouttheprojectandinrelationtoadjacentboundaryproperties(ifapplicable)unlessotherwiseapprovedbytheCityEngineer.

Page 27 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 447 of 970

6. 7.

8. 9.

TheApplicantshalluseRiversideCountyFloodControlDistrictstandardsandsubmitlocalon-siteandregionalhydrology.hydraulicstormcalculationsforCityreviewandapproval.TheApplicantshallprovideon-sitestormwaterretentionbasin(s)orsystem(s)designedtothesatisfactionoftheCityEngineer.Eachretentionbasinshallincludeasufficientnumberofundergroundverticaldrywells,MaxwellPlusorequivalent,designedtoeliminatestandingwaterinthebasin(s).Theretentionbasin(s)orsystem(s)shallbesizedtoretainallpost-developmentstormwaterrunoffwithinthelimitsoftheprojectbasedona100-yearstormeventof24-hourdurationandshallcompletelydrain/percolateanystormeventwithin72hours.Allupstreamrunofffromadjacentpropertiesthathashistoricallybeendirectedontotheproposedprojectmaybeconsideredtopassthroughtheprojectwiththeexceptionofhistoricalretentionthatoccurredon-site.Theretentionbasin(s)shallbedesigned,perStandardPlanNo.130,withamaximumdepthof5feet(withaonefootminimumfreeboard)andmaximumsideslopesof3:1andshallnotbeusedforpurposesotherthanforthecollectionofstormwater,nuisancewaterandwellblow-offwater.Thedesignoftheprojectlotpads,streetimprovementsandthestormdrainageimprovementsshallbedesigncoordinatedwithalladjacentprojectsorpropertiestothesatisfactionoftheCityEngineer.AllgradingandpadelevationswillbesubjecttoapprovalbytheDirectorofCommunityDevelopmentServicesandtheCityEngineerbasedongradingplansandadditionalinformationtobesubmittedduringplancheck.D.PriortotheissuanceofaBuildingPermitPriortoissuanceofabuildingpermitforanybuildingorstructuregovernedbyTentativeParcelMapNo.38262(TPM22-03-415),theApplicantshalldemonstratefullcompliancewiththefollowingconditionsofapproval:1.FireDepartmentAccess:Deadendfireaccessroadsmorethan150feetinlengthshallbeprovidedwithapprovedprovisionsforturnaroundcapabilitiesof?reapparatus.Accessroadsshallhaveanunobstructedwidthofnotlessthan24feet.Theconstructionoftheaccessroadsshallbeallweatherandcapableofsustaining60,000lbsovertwoaxles..FlagLots:Flaglotdevelopmentisnotallowedduetocomplicationswithemergencyaccess.GateAccess:GatesacrossfireaccessroadsshallbeprovidedwithaKnoxpadlock(manualgates)oraKnoxswitchandautomaticsensors(electronicgates).

Page 28 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 448 of 970

4.TrafficCalmingDevices:Requestsforinstallationoftrafficcalmingdesigns/devicesonfireapparatusaccessroadsshallbesubmittedandapprovedbytheOfficeoftheFireMarshal.

5.Theseconditionsarepreliminaryandadditionalrequirementsmayberequiredbasedupontheadoptedcodesatthetimeofsubmittal.ForquestionsorcommentsrelatedtothisprojectortheseconditionspleasecontactAssistantFireMarshalat (951)[email protected].

E.PriortotheIssuanceofaCertificateofOccupancyPriortoissuanceofaCertificateofOccupancy,theApplicantshalldemonstratefullcompliancewiththefollowingconditionsofapproval.

1.TheApplicantshall:
a.Disposeofallconcreteandasphaltremovalsfromtheproposedprojecttoanapprovedrecyclablesite.b.TheApplicantshallprovideCityoflndioPublicWorksDepartmentwithacopyofreceiptshowingtonnageforthedisposalofrecyclableconcreteandasphalt.c.Disposeofallmaterialremovalsfromtheproposedprojecttoanapproveddisposalsite.

2.TheproposedprojectshallcomplywithAmericanwithDisabilitiesAct(ADA).

3.TheApplicantshallsubmitforCityapprovalthefollowingitems:
a.Streetimprovementplansb.Streetlightplansc.LandscapeandIrrigationplans

4.TheApplicantshallconstructfulloff-sitestreetimprovementsonthefollowingstreet:
a.JeffersonStreetone-halfstreetimprovements(EastSide)

5.Theimprovementsshallincludeconstructionofsidewalk,streetlights,irrigationandlandscaping,catchbasinsandstormdrainsalongthepropertyfrontage.

6.Alloff-sitestreetimprovementsincludingenergizingofstreetlightsandinstallationofirrigationandlandscapingalongJeffersonStreetshallbeconstructedandacceptedbytheCitypriortoissuanceofatemporaryorpermanentcertificateofoccupancy.

Page 29 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 449 of 970

7.TheApplicantshallobtainanencroachmentpermitpriortostartinganystreetimprovementswithinthepublicstreets.

8.Applicantshallremoveexistingdriveways.

9.TheproposeddrivewaysshallbearadiusdrivewayperCityoflndioStandardPlanNo.130,R=20’min.

10.Applicantshallremoveandreplaceanydamagedorbrokenasphaltconcretepavements,curb/gutteronJeffersonStreetalongtheprojectspropertyfrontage.

11.AllimprovementsshallcomplywithCitystandards,requirementsandpolicies.TheApplicantisrequiredtoconstructalltransitionandmissinglinksbetweenexistingandproposedimprovements,perthesatisfactionoftheCityEngineer.

12.Alloverheadutilitieslessthan92kv,locatedwithintheprojectboundaries,borderingtheprojectand/orfrontingtheprojectshallbeundergrounded.

Section5.ThePlanningCommissionSecretaryshallcertifytheadoptionofthisResolution.

PASSED,APPROVED,andADOPTEDthis27”‘dayofJuly2022.

COMMISSIONCHAIRPERSON
ATTEST:

BELMANNNINGCOMMISSIONSECRETARY

Page 30 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 450 of 970 Attachment 2
Vicinity Map
AVENUE 50
JEFF
ERSO
N
STRE
ET
N

Page 31 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-... Page 451 of 970 Δ
Tentative Parcel Map1
PROFESSIONAL LAND SURVEYORSTATE OF CALIFORNIANo. 7627HERALD STEVEN LANTIS R:\AutoCAD\Projects\160L-002 Canopy Parcel Map\dwg\160L2tpm01.dwg, TPM, 3/17/2022 9:43:47 AM

Page 32 of 32 ends

AGENDA ITEM #10.3
Resolution No.10318 approving Tentative Parcel Map No. 38262 (TPM 22-03-...Page 452 of 970 City of Indio
City Council
August 17, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Resolution No. 10321 making a Finding of Consistency with the Program Environmental Impact Report (FEIR) for the General Plan 2040 certified by the City Council on September 18, 2019 for the amendments to Chapter 3 (Land Use and Urban Design) of the General Plan 2040, for the amendments to the General Plan Land Use D esignation Map, for the repeal of Chapters 150 and 159 of Title XV of the Indio Municipal Code, for the adoption of the Indio Unified Development Code and the repeal of the current citywide zoning map and adoption of the new citywide zoning map

RECOMMENDATION:

Resolution No. 10321 making a Finding of Consistency with the Program Environmental Impact Report (FEIR) for the General Plan 2040 certified by the City Council on September 18, 2019 for the amendments to Chapter 3 (Land Use and Urban Design) of th e General Plan 2040, for the amendments to the General Plan Land Use Designation Map, for the repeal of Chapters 150 and 159 of Title XV of the Indio Municipal Code, for the adoption of the Indio Unified Development Code and the repeal of the current citywide zoning map and adoption of the new citywide zoning map

SUMMARY:

Finding of Consistency for General Plan text and map amendments and signage and zoning text amendments and zoning map amendment

BACKGROUND INFORMATION:

California State law requires that each city adopt a general plan to describe its long -term goals and its policies and programs to achieve those goals. Accordingly, the general plan is a long -range, comprehensive document that serves as a guide for the orderly development of the City of Indio.

Pursuant to the requirements of the State of California Government Code Section 65300 et. seq., the City of Indio previously prepared a comprehensive update of its General Plan that contains certain elements, describes its long-term goals. Pursuant to the California Environmental Quality Act (Public Resources Code § 2 1000 et seq.), the City as the lead agency determined that an environmental impact report should be prepared to analyze all potential adverse environmental impacts of the Indio 2040 General Plan and the City of Indio Climate Action Plan and further determi ned that a program environmental impact report was appropriate for the Project; and,

On August 12, 2015, a Notice of Preparation ("NOP") was distributed to the State Office of Planning and Research and responsible agencies for review. In addition, a public scoping meeting was held on August 20, 2015 to provide information on the Project and to receive comments on issues to be AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 453 of 970 addressed in the Environmental Impact Report. The City received written comments in response to the NOP, which assisted the City i n the scope and analysis for the environmental impact report.

Pursuant to California Environmental Quality Act Guidelines Section 15168, a Draft Program Environmental Impact Report (the "Draft EIR") was prepared for the Project. In accordance with the California Environmental Quality Act ("CEQA") (Cal. Pub. Res. Code §21000 et seq.) and the State Guidelines (the "Guidelines") (14 Cal. Code Regs. §15000 et seq.) promulgated with respect thereto, the City analyzed the Project's potential impacts on the enviro nment. Consistent with Guidelines Section 15105 the City circulated the Draft EIR (including appendices) for the Project to the public and other interested parties for a 45 day public comment period, from March 15, 2019 to April 29, 2019 by filing a Notice of Availability with the State Office of Planning and Research, publishing a notice in the Desert Sun, a newspaper of general circulation, and releasing the Draft EIR (SCH #2015081021) for public review and comment online at www.indio2040.org. Following the close of the public comment period and after review of the comments received on the Draft EIR, the City prepared written responses to all comments received on the Draft EIR and those responses to comments are incorporated into the Final Environmental Impact Report ("Final EIR"). The responses to public agency comments were delivered to each public agency commenter on or before July 3, 2019, which is more than 10 days prior to any certification of the Final EIR.

TheFinal EIR was comprised of the Draft EIR dated March 2019, and all appendices thereto; the Comments and Responses to Comments on the DEIR, addenda and errata to the DEIR which are contained in a separate volume, and the Mitigation Monitoring and Reporting Program for the Project, all of which are on file with the City Clerk. On June 26, 2019, the Planning Commission conducted a duly noticed public hearing to consider the Project and the Final EIR, reviewed the staff report, accepted and considered public testimony. After due consideration, the Planning Commission found that agencies and interested members of the public were afforded ample notice and opportunity to comment on the FIER and approved Resolution No. 1901 recommending that the City Council certify the Final EIR, adopt findings of fact pursuant to the California Environmental Quality Act, adopt a mitigation monitoring and reporting program, and adopt a statement of overriding considerations for the Project.

On July 17, 2019, the City Council conducted a duly noticed public hearing to consider the Project an\d the Final EIR, reviewed the staff report, accepted and considered public testimony and continued the public hearing to a date certain date of August 21, 2019 and subsequently continued t he public hearing to a date certain of September 18, 2019. On September 18, 2019, based upon the evidence presented at the hearing, including the staff report and oral testimony, the City Council certified the Final Environmental Impact Report via Resoluti on Action. The City Council also adopted the current General Plan 2040 on September 18, 2019; and,

Following the adoption of the General Plan, the update of the current zoning regulations was initiated to ensure consistency between the adopted General Plan and said regulations. During the update of the zoning regulations, the need for amendments to the General Plan map and text was identified by City staff.

The aforementioned amendments will address required consistency with the proposed zoning code amendments and to address recent changes in State housing laws and are comprised of the modification of the current Suburban Neighborhood land use designation into two (2) new land use designations known as Suburban Neighborhood Low and Suburban Neighborhoo d High to respond to recent changes in State housing laws; modification of the current Connected Neighborhood land use designation into two (2) new land use designations to respond to recent changes in State housing laws; incorporation of the Desert Estate s Transition land use designation previously established by the City Council fully into the General Plan; re-designation of certain parcels on the General Plan Land

Page 2 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 454 of 970 Use Designations Map to the aforementioned new land use designations; and modification of t he current land use designations on the General Plan Land Use Designations Map for certain properties to address zoning consistency, property ownership and existing land uses.

Section §15183 (Projects Consistent with a Community Plan or Zoning) of the C alifornia Environmental Quality Act (CEQA) Guidelines, subsection (a) states that additional environmental review is not required for projects “which are consistent with the development density established by existing zoning, community plan, or general pla n policies for which an EIR was certified”, except as might be necessary to determine whether there are project -specific significant effects. CEQA Guidelines Section 15168 (c)(2) specifies that if the agency finds that pursuant to Section 15162, no subsequent EIR would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental documentation would be required.

Whether a later activity is within the scope of a program EIR is a factual question that the lead agency determines based on substantial evidence in the record. Factors that an agency may consider in making the determination include, but are not limited to, consistency of the later activity with the type of allowable lan d use, planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure as described in the program EIR; and,

CEQA Guidelines Section 15162 specify the following: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyz ed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. CEQA Guidelines Section 15162 (b) specifies that if changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation; and,

On September 18, 2019, the Indio City Council certified the Final Environmental Impact Report (FEIR) through the adoption of Resolution No. 10106. This FEIR was prepared as a p rogram EIR. Rincon Consultants, Inc., in business since 1994 and the environmental subconsultant for the General Plan and Signage and Zoning Code Amendments Project has analyzed the proposed amendments and has found them to be consistent with the previously certified program EIR. Based on this analysis and authorities granted to the City pursuant to CEQA Guidelines Sections 15162 and 15168, the Community Development Director, acting as the lead agency representative, determined that these amendments are within the scope of the project covered by the program EIR as the amendments to

Page 3 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 455 of 970 the General Plan do not substantively change the General Plan's vision, intent, policies and goals and the signage and zoning amendments are intended to make these regulations con sistent with the General Plan. Therefore, the Community Development Director has determined that no new environmental documentation is required; and,

The General Plan text and map amendments are applicable to certain real properties in the City and the signage amendments and zoning text and map amendments are applicable citywide, and pursuant to the provisions of California Government Code Section 65091(4), if the number of owners to whom notice would be mailed or delivered pursuant to this paragraph or paragraph (1) is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least 10 days prior to the hearing; and,

On July 3, 2022, a 1/8 of a page display ad was published in the Desert Sun, a newspaper of general circulation, which is ten (10) days before the scheduled Planning Commission publ ic hearing on July 13, 2022. In addition, an informational postcard regarding the amendments was mailed to all properties of record within the City on July 1, 2022. Further, a total of five (5) study sessions were held to review the proposed General Plan text and map amendments, the signage amendments and the zoning text and map amendments. These study sessions were held on February 23, 2022, March 9, 2022, April 13, 2022, April 27, 2022 and May 25, 2022. On July 13, 2022, the Planning Commission held a duly noticed public hearing to consider the General Plan text and map amendments and zoning text and map amendments and the facts surrounding the finding of consistency during which evidence, both written and oral, including the staff report and supporting do cuments was presented atsaid hearing. At the conclusion of the public hearing, the Planning Commission adopted a resolution recommending to the City Council that it make a Finding of Consistency consistent with the provisions of CEQA Guidelines Section 15162 and 15168.

ATTACHMENTS:

ResolutionNo10321_CEQAFOC_Exhibits

APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 11 Aug 2022 Bryan H. Montgomery, City Manager Approved - 11 Aug 2022

Page 4 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 456 of 970

1 RESOLUTION NO. 10321

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA,

MAKING OF A FINDING OF CONSISTENCY WITH THE PROGRAM FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) FOR THE GENERAL PLAN 2040 CERTIFIED BY THE CITY COUNCIL ON SEPTEMBER 18, 2019 FOR THE AMENDMENTS TO CHAPTER 3 (LAND USE AND URBAN DESIGN) OF THE GENERAL PLAN 2040, FOR THE AMENDMENTS TO THE GENERAL PLAN LAND USE DESIGNATION MAP, FOR THE REPEAL OF CHAPTERS 150 AND 159 OF TITLE XV OF

THE INDIO MUNICIPAL CODE AND ADOPTION OF THE INDIO UNIFIED

DEVELOPMENT CODE AND THE REPEAL OF THE CURRENT CITYWIDE ZONING

MAP AND ADOPTION OF THE NEW CITYWIDE ZONING MAP

WHEREAS, California State law requires that each city adopt a general plan to describe its long-term goals and its policies and programs to achieve those goals. Accordingly, the general plan is a long -range, comprehensive document that serves as a guide for the or derly development of the City of Indio and,

WHEREAS, pursuant to the requirements of the State of California Government Code Section 65300 et. seq., the City of Indio previously prepared a comprehensive update of its General Plan that contains certain elements, describes its long-term goals, and,

WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code § 21000 et seq.), the City as the lead agency determined that an environmental impact report should be prepared to analyze all potential adverse environmental impacts of the Indio 2040 General Plan and the City of Indio Climate Action Plan and further determined that a program environmental impact report was appropriate for the Project; and,

WHEREAS, On August 12, 2015, a Notice of Preparation ("NOP") was distributed to the State Office of Planning and Research and responsible agencies for review. In addition, a public scoping meeting was held on August 20, 2015 to provide information on the Project and to receive comments on is sues to be addressed in the Environmental Impact Report. The City received written comments in response to the NOP, which assisted the City in the scope and analysis for the environmental impact report; and,

WHEREAS, pursuant to California Environmental Quality Act Guidelines Section 15168, a Draft Program Environmental Impact Report (the "Draft EIR") was prepared for the Project. In accordance with the California Environmental Quality Act ("CEQA") (Cal.

Pub. Res. Code §21000 et seq.) and the State Guidel ines (the "Guidelines") (14 Cal.

Code Regs. §15000 et seq.) promulgated with respect thereto, the City analyzed the Project's potential impacts on the environment; and,

Page 5 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 457 of 970

2 WHEREAS, consistent with Guidelines Section 15105 the City circulated the Draft EIR (including appendices) for the Project to the public and other interested parties for a 45 day public comment period, from March 15, 2019 to April 29, 2019 by filing a Notice of Availability with the State Office of Planning and Research, publishing a not ice in the Desert Sun, a newspaper of general circulation, and releasing the Draft EIR (SCH #2015081021) for public review and comment online at www.indio2040.org; and,

WHEREAS, following the close of the public c omment period and after review of the comments received on the Draft EIR, the City prepared written responses to all comments received on the Draft EIR and those responses to comments are incorporated into the Final Environmental Impact Report ("Final EIR"). The responses to public agency comments were delivered to each public agency commenter on or before July 3, 2019, which is more than 10 days prior to any certification of the Final EIR; and,

WHEREAS, the Final EIR was comprised of the Draft EIR dated March 2019, and all appendices thereto; the Comments and Responses to Comments on the DEIR, addenda and errata to the DEIR which are contained in a separate volume, and the Mitigation Monitoring and Reporting Program for t he Project, all of which are on file wit h the City Clerk; and,

WHEREAS, on June 26, 2019, the Planning Commission conducted a duly noticed public hearing to consider the Project and the Final EIR, reviewed the staff report, accepted and considered public testimony; and,

WHEREAS, after due consideration, the Planning Commission found that agencies and interested members of the public were afforded ample notice and opportunity to comment on the FIER and approved Resolution No. 1901 recommending that the C ity Council certify the Final EIR, adopt findings of fact pursuant to the California Environmental Quality Act, adopt a mitigation monitoring and reporting program, and adopt a statement of overriding considerations for the Project; and,

WHEREAS, on July 17, 2019, the City Council conducted a duly noticed public hearing to consider the Project an \d the Final EIR, reviewed the staff report, accepted and considered public testimony and continued the public hearing to a date certain date of August 21, 2019 a nd subsequently continued the public hearing to a date certain of September 18, 2019; and,

WHEREAS, on September 18, 2019, based upon the evidence presented at the hearing, including the staff report and oral testimony, the City Council certified the Final Environmental Impact Report via Resolution Action; and,

WHEREAS, the City Council also adopted the current General Plan 2040 on September 18, 2019; and,

Page 6 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 458 of 970

3 WHEREAS, following the adoption of the General Plan, the update of the current zoning regulations was initiated to ensure consistency between the adopted General Plan and said regulations; and,

WHEREAS, during the update of the zoning regulations, the need for amendments to the General Plan map and text was identified by City staff; and,

WHEREAS, these amendments will address required consistency with the proposed zoning code amendments and to address recent changes in State housing laws and are comprised of the modification of the current Suburban Neighborhood land use designation into two (2) new land use designations known as Suburban Neighborhood Low and Suburban Neighborhood High to respond to recent changes in State housing laws; modification of the current Connected Neighborhood land use designation into two (2) new land use designations to r espond to recent changes in State housing laws; incorporation of the Desert Estates Transition land use designation previously established by the City Council fully into the General Plan; re-designation of certain parcels on the General Plan Land Use Designations Map to the aforementioned new land use designations; and modification of the current land use designations on the General Plan Land Use Designations Map for certain properties to address zoning consistency, property ownership and existing land uses; and,

WHEREAS, Section §15183(Projects Consistent with a Community Plan or Zoning) of the California Environmental Quality Act (CEQA) Guidelines, subsection (a) states that additional environmental review is not required for projects “which are con sistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified”, except as might be necessary to determine whether there are project-specific significant effects; and,

WHEREAS, CEQA Guidelines Section 15168 (c)(2) specifies that if the agency finds that pursuant to Section 15162, no subsequent EIR would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental documentation would be required. Whether a later activity is within the scope of a program EIR is a factual question that the lead agency determines based on substantial evidence in the record. Factors that an agency may consider in making the determination include, but are not limited to, con sistency of the later activity with the type of allowable land use, planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure as described in the program EIR; and,

Page 7 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 459 of 970

4 require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known w ith the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative; and,

WHEREAS, CEQA Guidelines Section 15162 (b) specifies that if changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a).

Otherwise the lead agency shall determine whether to prepare a subsequ ent negative declaration, an addendum, or no further documentation; and,

WHEREAS, on September 18, 2019, the Indio City Council certified the Final Environmental Impact Report (FEIR) through the adoption of Resolution No. 10106. This FEIR was prepared as a program EIR. Rincon Consultants, Inc., in business since 1994 and the environmental subconsultant for the General Plan and Signage and Zoning Code Amendments Project has analyzed the proposed amendments and has found them to be consistent with the previously certified program EIR. Based on this analysis and authorities granted to the City pursuant to CEQA Guidelines Sections 15162 and 15168, the Community Development Director, acting as the lead agency representative, determined that these amendments are within the scope of the project covered by the program EIR as the amendments to the General Plan do not substantively change the General Plan's vision, intent, policies and goals and the signage and zoning amendments are intended to make these regulations consistent with the General Plan. Therefore, the Community Development Director has determined that no new environmental documentation is required; and,

Page 8 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 460 of 970

5 WHEREAS, on July 3, 2022, a 1/8 of a page display ad was published in the Desert Sun, a newspaper of general circulation, which is ten (10) days before the scheduled Planning Commission public hearing on July 13, 2022. In addition, an informational postcard regarding the amendments was mailed to all properties of record within the City on July 1, 2022. Further, a total of five (5) study sessions were held to review the proposed General Plan text and map amendments, the signage amendments and the zoni ng text and map amendments. These study sessions were held on February 23, 2022, March 9, 2022, April 13, 2022, April 27, 2022 and May 25, 2022; and,

WHEREAS, on July 13, 2022 , the Planning Commission held a duly noticed public hearing to consider the General Plan text and map amendments and zoning text and map amendments and the facts surrounding the finding of consistency during which evidence, both written and oral, including the staff report and supporting documents was presented at said hearing. At the conclusion of the public hearing, the Planning Commission adopted a resolution recommending to the City Council that it make a Finding of Consistency consistent with the provisions of CEQA Guidelines Section 15162 and 15168; and,

WHEREAS, on August 17, 2022, the City Council held a duly noticed public hearing to consider the General Plan text and map amendments and zoning text and map amendments and the facts surrounding the finding of consistency during which evidence, both written and oral, including the staff report and supporting documents was presented at said hearing.

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 reference and constitute a material part of this Resolution.

Section 2. Based upon the evidence pr esented at the hearing, including the staff report, the City Council hereby finds that the General Plan text and map amendments and zoning text and map amendments are consistent with the program Final Environmental Impact Report (FEIR) for the General Plan 2040 certified by the City Council on September 18 2019 based on the following:

1. The City’s project is in accordance with Section §15183 (Projects Consistent with a Community Plan or Zoning) of the California Environmental Quality Act (CEQA) Guidelines, subsection (a) which states that additional environmental review is not required for projects “which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified”, except as might be necessary to determine whether there are project-specific significant effects. In this case, the proposed project is consistent with the City's General Plan 2040 and Final Environmental Impact Report (FEIR) that was adopted and certified by th e City Council on September 18,

Page 9 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 461 of 970

6 2019. Therefore the proposed project is consistent with State CEQA Guidelines Section §15168(c)(2) since it is within the programmatic scope covered by the Final EIR and there is no substantial evidence that the proposed Zon ing Code Update would require add itional environmental analysis. Similarly, the proposed project is consistent with CEQA Guidelines Section §15183 (d)(1)(C) since it meets the consistency with “a general plan of a local agency”, and with Section §15183 (d) (2) which states that “an EIR was certified by the lead agency for the general plan.

2. In addition, the project is consistent with CEQA Guidelines Section §15162(a) in that no subsequent environmental documentation will be required for the proposed project .

Specifically, the proposed project is not proposing any substantial changes to the City’s GP 2040 [§15162(a)(1)], would not result in substantial changes due to the General Plan Amendments and Zoning Code Update [§15162(a)(2)], nor would it present new information of substantial evidence [§15162(a)(3)].

3. The project is in accordance with Section §15168 of the California Environmental Quality Act (CEQA) Guidelines, subsection (c)(2) which states that if the agency finds that pursuant to Section 15162, no s ubsequent EIR would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental documentation would be required. Whether a later activity is within the scope of a program EIR is a factual question that the lead agency determines based on substantial evidence in the record. Factors that an agency may consider in making the determination include, but are not limited to, consistency of the later activity with the type of allowable land use, planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure as described in the program EIR.

4. On September 18, 2019, the Indio City Council certified the Final Environmental Impact Report (FEIR) through the adoption of Resolution No. 10106. This FEIR was prepared as a program EIR. Rincon Consultants, Inc., in business since 1994 and the environmental subconsultant for the General Plan and Signage and Zoning Code Amendments Project has analyzed the proposed amendments and has found them to be consistent with the previously certified program EIR. Based on this analysis and authorities granted to the City pursuant to CEQA Guidelines Sections 15162 and 15168, the Community Development Director, acting as the lead agency representative, determined that these amendments are within the scope of the project covered by the program EIR as the amendments to the General Plan do not substantively change the General Plan's vision, intent, policies and goals and the signage and zoning amendments are intended to make these regulations consistent with the General Plan.

Section 3.The City Council adopts the findings stated herein and supported by the Finding of Consistency analysis memorandum prepared by Rincon Consultants, Inc. attached hereto as Exhibit “A” and determine s that no additional subsequent environmental review is required.

Page 10 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 462 of 970

7 Section 3. This Resolution shall become effective immediately upon its adoption.

Section 4. The City Clerk shall certify to the passage, approval, and adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 17th day of August 2022.

WAYMOND FERMON, MAYOR

ATTEST:

________________________________

CYNTHIA HERNANDEZ, CMC

CITY CLERK

Page 11 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 463 of 970 EXHIBIT “A”

Page 12 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 464 of 970

Rincon Consultants, Inc.

Environmental Scientists Planners Engineers

MEMORANDUM
■ Ventura
180 North Ashwood Avenue
Ventura, California 93003
(805) 644 4455
Carlsbad: (760) 918 9444
Fresno: (559) 228 9925
Los Angeles: (213) 788 4842
Monterey: (831) 333 0310
Oakland: (510) 834 4455
Redlands: (909) 253 0705
Riverside: (951) 782-0061
Sacramento: (916) 706 1374
San Diego: (760) 918 9444
San Luis Obispo: (805) 547 0900
Santa Barbara: (805) 319 4092
Santa Cruz: (831) 440 3899
Ventura: (805) 644 4455

[email protected] www.rinconconsultants.com
Date: June 29, 2022
To: Alessandra Lundin; Simran Malhotra – Raimi and Associates Project: City of Indio Zoning Code update
From: Anna Choudhuri
Re: Finding of Consistency – Indio Zoning Code Update and Minor Amendments to GP 2040
This memorandum provides a summary of Rincon Consultants, Inc.’s (Rincon) Finding of Consistency (FOC) that evaluates consistency between the City of Indio’s (City) proposed Zoning Code Update and minor updates to the General Plan 2040 (hereafter referred to as ‘proposed project’) and the findings of the City ’s Final Environmental Impact Report (hereafter referred to as the 2019 Final EIR) for the City of Indio’s General Plan 2040 (hereafter referred to as GP 2040). The 2019 Final EIR, which was adopted by the Indio City Council on September 18, 2019, establishes the City ’s vision and capacity for development of the City through the year 2040. Since adoption of the GP 2040 and associated EIR, the City has initiated an update to its Zoning Code and minor revisions and modifications to the Land Use and Urban Design Element and to the General Plan Land Use 2040 Map in order to implement the land use patterns and development framework established by the City’s GP 2040.

The City’s proposed Zoning Code Update would amend the City ’s existing Zoning Code in order to implement the City’s GP 2040 and to promote and enhance the public health, safety and welfare of the residents of the city . Since a Zoning Code reg ulates a jurisdiction’s land use, density, lot coverages, lot sizes and setbacks, building sizes, landscaping and parking, among others, it is the means to implement a jurisdiction’s

Page 13 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 465 of 970

Page 2 ends

General Plan which is the policy document for its future growth. A jurisdiction’s General Plan, in this case, the City of Indio’s General Plan 2040 (GP 2040), is the official guide for the future physical development of the City and its land use planning and zoning changes. As required by State law, a City ’s Zoning Code needs to be consistent with its updated General Plan goals and policies.

The City’s GP 2040 , specifically the Land Use and Urban Design Element and the General Plan Place Types Map (Figure 1) classifies and represents the different land use types and locations where growth and development under the updated General Plan is expected (or desired) to occur or where locations should be protected from future development. In addition to the Zoning Code Update, the proposed project would result in minor revisions to the General Plan Place Types Map and the Land Use and Urban Design Element in the GP 2040. These updates are for minor land use changes in terms of land use categories, density and design but would not result in a net change in the overall growth of GP 2040 or used as the basis for impact analysis in the Final EIR. These minor updates in GP 2040 should provide decision-makers and the public an overview of the area of change, an understanding of where change will occur, the vision for change in each area, the overall level of intensity and the priority level of change in each area.

With the minor edits noted above, there would be no net loss in the City’s future development capacity under GP 2040 compared to what was previously analyzed. In order to be consistent with the City’s place-making goals, each of the General Plan Land Use place types identifies the type of use, character and form, as well as intensity/density of use under the categories of Neighborhoods, Centers, and Districts. These proposed land use designations under the General Plan amendment would allow for future development/redevelopment to conform to a consistent development form and character in building placement, design and density, parking lot locations and streetscape designs as was previously envisioned when GP 2040 was adopted.

With the minor edits to the GP 2040, the Zoning Code Update would then follow and allow the City to designate zoning designations (Figure 2) that would better articulate the City’s growth, uses and character as envisioned by GP 2040.

Page 14 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 466 of 970

Page 3 ends

Figure 1 Updated GP Places Types Map

Page 15 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 467 of 970

Page 4 ends

Figure 2 Zoning Map

Page 16 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 468 of 970

Page 5 ends

Project Background
Project Location
The City of Indio is located in central Riverside County (county), in the Coachella Valley.

The Coachella Valley is surrounded by the Santa Rosa Mountains approximately seven miles to the southwest of the city , the San Bernardino Mountains and the San Gorgonio pass to the n orthwest, the San Jacinto Mountains to the west. The northern and northeastern parts of the valley are defined by the Little San Bernardino Mountains located immediately north and northeast of the city.

The Coachella Valley has an arid climate, with hot, dry summers and moderately cold winters. Typical summertime highs exceed 110 degrees Fahrenheit, with wintertime temperatures generally in the low 50s. The geomorphology and climate of the Coachella Valley has created diverse habitats that support a wide array of plant and animal species.

The General Plan 2040 planning area includes the City and its Sphere of Influence (SOI) that encompass a total of approximately 39,074 acres in central Riverside County in the Coachella Valley, between the Santa Rosa and San Jacinto Mountains National Monument to the southwest and Joshua Tree National Park to the northeast. It lies approximately 14 miles northwest of the Salton Sea, 23 miles southeast of Palm Springs, and 77 miles east of Riverside. The City is bounded by unincorporated Riverside County lands to the north; the City of La Quinta to the southwest; the unincorporated community of Bermuda Dunes to the west; and the City of Coachella to the south and east. The City’s Zoning Code update applies to all areas where the City has jurisdictional authority.

Proposed Project
California Government Code Section §65860(a) requires that a jurisdiction’s zoning ordinance be consistent with its General Plan or any updates to its General Plan.

Therefore, the City is proposing to amend its existing Zoning Ordinance to ensure compatibility with its adopted General Plan 2040 and to allow for development intensities and uses that are consistent with its adopted General Plan. The City ’s updated Zoning Code would therefore implement the goals and policies of the Indio General Plan by regulating the use of land and structures within the City . Most of the changes in the proposed Zoning Code update are intended to:
 Achieve the arrangement of land uses depicted in the City of Indio General Plan, consistent with the goals and policies of the General Plan.  Provide standards for the orderly growth and development of the City, and guide and control the use of land to foster a safe, harmonious, c onvenient, attractive, and workable relationship among land uses;
 Ensure that public and private lands ultimately are used for the purposes, which are most appropriate and most beneficial to the City as a whole;  Ensure consideration of natural environmental features in the development and use of land within the City;
 Revitalize and connect neighborhoods to preserve and enhance quality of life in the City;

Page 17 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 469 of 970

Page 6 ends

 Facilitate the appropriate location of community facilities, institutions, transportation, and parks and recreational areas;
 Promote economic growth and the creation of jobs;
 Promote high-quality design in the development process so that new development enhances the appearance of the City as it matures;
 Encourage infill development in existing sections of the City and provide for innovative and sustainable development in undeveloped areas; and,
 Define duties and powers of administrative bodies and officers responsible for implementation of the Code.

The proposed Zoning Code Update would reclassify, among others, the City’s existing 35 zoning classifications into 16 new zoning classifications by combining the existing 13 residential classifications into six, the existing three mixed- use districts into one, combining the existing industrial and manufacturing districts into light and heavy industrial districts, and creating areas zoned for specific plans, and for recreational uses. Existing land uses in the City are predominantly residential, followed by transportation, communication and utility related uses. Agricultural and open space and recreational uses are the next main land use types in the City , with commercial, office, public facility and industrial uses accounting for less than five percent of land use types in the City.

As part of the City’s Zoning Code Update, the City is a lso implementing minor amendments to its GP 2040, specifically to the Land Use and Urban Design Element and to the General Plan Land Use 2040 Map. These include changes to the General Plan Land Use Types, specifically the addition of Desert Estates Transition and the splitting of the Suburban Neighborhoods and Connected Neighborhoods designations into two designations each: Suburban Neighborhoods Low and High , and Connected Neighborhoods Low and High. However, these changes would result in no net loss in the City’s future development capacity under GP 2040 compared to what was previously analyzed. In order to be consistent with the City’s place-making goals, each of the General Plan Land Use place types identifies the type of use, character and form, as well as intensity/density of use under the categories of Neighborhoods, Centers, and Districts.

These minor changes noted above to proposed land use designations under the General Plan Amendment would al low for future development/redevelopment to conform to a consistent development form and character in building placement, design and density, parking lot locations and streetscape designs as was previously envisioned when GP 2040 was adopted.

The proposed Zoning Code also provides for 14 subareas with visions, strategies, goals and policies specific to each subarea. The City’s G P 2040 and related Zoning Code update, and minor amendments would ensure that future development is guided to areas where the comm unity desires change while protecting the existing development and character in other areas such as the majority of the residential and some of the commercial areas. The City’s Zoning Code Update would therefore help guide the future growth and character of the City while allowing for development changes such as, but not limited to, increased building heights, maximum Floor Area Ratios (FARs), and design guidelines.

Page 18 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 470 of 970

Page 7 ends

CEQA Guidelines Applicability
The City’s proposed Zoning Code and General Plan Amendment (proposed project) is in accordance with Section §15183(Projects Consistent with a Community Plan or Zoning) of the California Environmental Quality Act ( CEQA) Guidelines, subsection (a) which states that additional environmental review is not required for pr ojects “which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified”, except as might be necessary to determine whether there are project-specific significant effects. In this case, the proposed project is consistent with the City’s GP 2040 and Final Environmental Impact Report (EIR) which were adopted and certified by the City Council on September 19, 2019. Therefore the proposed project is consistent with State C EQA Guidelines Section § 15168(c)(2) since it is within the programmatic scope covered by the Final EIR and there is no substantial evidence that the proposed Zoning Code Update would require additional environmental analysis.

Similarly, the proposed project is consistent with CEQA Guidelines Section § 15183 (d)(1)(C) since it meets the consistency with “a general plan of a local agency”, and with Section §15183 (d) (2) which states that “an EIR was certified by the lead agency f or the…. general plan”.

Additionally, the proposed project is consistent with CEQA Guidelines Section §15162(a) in that no subsequent environmental documentation will be required for the proposed project. Specifically, the proposed project is not proposing any substantial changes to the City’s GP 2040 [§15162(a)(1)], would not result in substantial changes due to the General Plan Amendments and Zoning Code Update [§15162(a)(2)], nor would it present new information of substantial evidence [§15162(a)(3)].

Therefore, the following discussion evaluates the proposed project’s consistency with the certified 2019 EIR prepared for the City ’s GP 2040 to determine whether the proposed project would have new or an increase in severity of significant environmental e ffects beyond those identified in the 2019 EIR. Since the Zoning Code Update is a policy document that affects the entire City, any future development and redevelopment project in the City would have to be analyzed at a project level for all CEQA related impacts.

This F OC has been prepared pursuant to the applicable provisions of §15183 of the California Environmental Quality Act (CEQA) Guidelines.

Finding of Consistency
The following discussion addresses each of the environmental issues studied in the 2019 EIR for the City’s GP 2040, comparing the effects of the proposed project to the effects of the adopted GP 2040. These environmental issues include aesthetics, agriculture and forestry resources, air quality, biological resources, cultural resources and t ribal cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services and recreation, transportation and traffic, and utilities and public service systems. However, in 2019, Appendix G of the CEQA

Page 19 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 471 of 970

Page 8 ends

Guidelines was amended and two new environmental issue areas were added: energy and wildfire. These topics are incorporated into the discussions below.

Aesthetics
There are no scenic vistas within the GP 2040 Planning Area, but certain scenic views, such as those of nearby mountains, are present. Although future development consistent with the GP 2040 would allow for development on currently undeveloped parcels and intensify urban development on previously developed parcels, the 2019 EIR determined that conformance to goals and policies of the Land Use and Urban Design, Infrastructure and Public Facilities, and Conservation Elements of the GP 2040 would ensure development would be designed and sited to minimize obstruction of views . The 2019 EIR therefore determined less than significant impacts on scenic vistas.

There are no state-designated scenic highways within the GPU Planning Area. However, two highways within the City’s SOI, Interstate 10 (I-10) and Dillion Road, are identified as County-eligible scenic highways and views of the desert and mountains occur along these roads. GP 2040 designates land use within the SOI as Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) Conservation and does not propose any development in the SOI. All future development in the City and its SOI would be required to comply with GP 2040 policies that protect scenic resources, visual character, heritage trees, and historic resources . Therefore, the 2019 EIR determined less than significant impacts to scenic resources along a state-designated scenic highway.

GP 2040 would facilitate development that would alter the visual character of the City , specifically along the I-10 corridor. However, land use designations included in GP 2040 provide guidance for allowable uses, building density, parking location, streetscape design, and other elements which drive future development within specific land use designations. Urban form would be retained by adherence to the GP 2040 policies that preserve the visual characteristics of the City . Policies within the Land Use and Urban Design Element would ensure compatibility with the existing visual character of the C ity.

The 2019 EIR determined a less -than-significant impact to community character as a result of GP 2040.

GP 2040 would facilitate development that would introduce new source of light and glare within the planning area. However, within City limits, the GP 2040 would have minimal impact to light and glare as most lands are already developed. Development within the City would comply with applicable zoning standards that limit light and glare, such as Municipal Code 159.107 which regulate exterior lamination devices and requires shielding or partial shielding of all exterior lighting to minimize undesirable light into the night sky.

In addition, the western portion of the City is located within the Mount Palomar Nighttime Lighting Policy Area, and development within the area would be required to adhere to existing regulations pertaining to shielding and direction of light. Furthermore, the GP 2040 includes policies within the Conservation Element and Land Use Element to minimize light and glare from new development. Therefore, the 2019 EIR found less than significant impacts to aesthetics associated with light and glare.

The proposed project is a change to the City’s Zoning Code and a General Plan Amendment that would provide minor modifications to the Land Use and Urban Design

Page 20 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 472 of 970

Page 9 ends

Element and to the General Plan Land Use 2040 Map, all of which implements the City’s updated General Plan goals and policies. The proposed project in and of itself would not directly result in development, but rather is meant to designate zoning to conform with land use patterns identified in the GPU. The Zoning Code U pdate is a regulatory document that would supervise land development by enforcing the GPU’s goals and policies and making it easier for future development and redevelopment projects to conform to the land use patterns and development framework established by GP 2040.

The Zoning Code Update would also provide for standards that promote orderly growth and development in the City, while considering its natural environmental features and existing land uses. The proposed project would therefore involve updated regulations relative to the use and development of land uses in the City, and would not in itself affect scenic views, scenic vistas and community resources beyond what was analyzed under the 2019 EIR for the GP 2040. Therefore, the proposed project would not create any new significant impacts, nor would it increase the severity of impacts that were identified in the 2019 EIR. Impacts would remain less than significant.

Agriculture and Forestry Resources
The 2019 EIR determined significant and unavoidable impacts to the direct conversion of agricultural resources and Williamson Act contracts. The 2040 GPU did not designate any lands for exclusive agricultural use and development facilitated by the 2040 GPU could ultimately end commercial agricultural activity and preclude fallow agricultural land from future production. There are 1,962.5 acres of farmland in the City rated as Prime or Unique Farmland, or Farmland of Local Importance within the City . There are also 30 acres of designated lands under Williamson Act contracts for which the 2040 GPU did not identify land use types to support agricultural production. There are no viable agricultural lands near the periphery of the City that would be available to provide agricultural conservation easements. Furthermore, the 2019 EIR did not identify any mitigation measures available to reduce potential impacts.

The 2019 EIR determined less than significant impacts related to the indirect conversion of agricultural resources as a result of the 2040 GPU. Although implementation of the 2040 GPU could place incompatible land uses next to agriculture, policies within the Parks and Recreation Element and Equity Element address urban-agricultural interfaces.

Policies would be implemented on a project-by-project basis in order to address specific project-level impacts.

The 2019 EIR determined no impacts related to the direct and indir ect conversion of forestry resources as a result of the 2040 GPU. The Planning Area does not contain forest land or timberland and no areas are zoned for such uses . As a result, the 2040 GPU would not result in a loss or conversion of forest land or timberland.

Page 21 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 473 of 970

Page 10 ends

would provide for standards that promote orderly growth and development i n the City, while considering its existing land uses. The proposed project would therefore involve updated regulations relative to the use and development of land uses in the City and would not in itself affect agricultural or forestry resources or result in the loss or conversion of land or Williamson Act Contracts, beyond what was analyzed under the 2019 EIR for the GP 2040. Since all subsequent development would be required to adhere to GP 2040 policies if located on or adjacent to agricultural lands, and specific requirements would be determined by the City at a project-level, the proposed project would not create any new significant impacts beyond those identified in the 2019 EIR.

Air Quality
The 2019 EIR determined that housing, population, and employment growth generated by implementation of the 2040 GPU would not exceed the growth projections utili zed in the Air Quality Management Plan. Therefore, the 2040 GPU would not conflict with the applicable air quality plan for the region and impacts would be less than significant.

The 2040 GPU would result in new development that would generate temporary construction and long -term operational air pollutant emissions , including toxic air contaminants (TACs) that could exceed the applicable thresholds and expose sensitive receptors to substantial pollutant concentrations. The 2040 GPU includes policies in the Land Use and Urban Design, Mobility, Health and Equity, and Conservation Element s, such as Policy LU -10.4, Non- polluting Industries, which would reduce emissions associated with future population growth and development and limit the exposure of sensitive receptors to air pollutants . In addition, the 2019 EIR includes Mitigation Measures MM-AQ-1, MM-AQ-2(a), MM-AQ-2(b), and MM- AQ-2(c) to reduce air quality impacts to the extent feasible. Nonetheless, construction and operation of future development associated with the 2040 GPU would result in air pollutant emissions that exceed the significance thresholds . In addition, future development accommodated by the 2040 GPU would result in the exposure of some sensitive receptors to substantial TAC emissions. Therefore, 2019 EIR identified a significant and unavoidable impact related to criteria air pollutant emissions and the exposure of sensitive receptors to pollutant concentrations.

The 2019 EIR determined that implementation of the 2040 GPU would not result in significant odor impacts. Policies within the Land Use and Urban Design Element and Health and Equity Element would ensure that future development within the City would be compatible with existing uses and would not expose sensitive receptors to significant new sources of objectionable odors.

Page 22 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 474 of 970

Page 11 ends

analyzed in the 2019 EIR. Implementation of the proposed project would not result in air pollutant emissions or CO concentrations beyond those associated with the growth forecast under GP 2040. There would be no construction or operation impacts of the proposed project. The proposed Zoning Code Update would not therefore create any new significant impacts related to air quality, nor would it increase the severity of impacts identified in the 2019 EIR. Additionally, the proposed project would be required to comply with mitigation measures MM-AQ-1, MM-AQ-2(a), MM-AQ-2(b), and MM-AQ-2(c) which would address issues related to the exceedance of SCAQMD thresholds, stationary source pollutants, and impacts to sensitive receptors. The proposed project would therefore not result in air quality impacts beyond those identified in the 2019 EIR.

Biological Resources
As discussed in the 2019 EIR, new or intensified development in the City and its SOI could lead to direct or indirect impacts to special-status species from construction and operation. Compliance with existing policies and regulations such as the Migratory Bird Treaty Act, National Pollutant Discharge Elimination System (NPDES) , and Coachella Valley Multiple Species Habitat Conservation Plan ( CVMSHCP) Land Use Agency Guidelines would limit potential construction impacts. In addition, policies contained in the Parks, Recreation and Open Space, Health and Equity, and Conservation Elements would reduce the potential for future impacts to sensitive species. Therefore, the 2019 EIR determined that the 2040 GPU would not result in significant impacts to special-status species.

The Planning Area contains 12 sensitive natural communities that could be affected by future development associated with implantation of the 2040 GPU. Compliance with existing policies and regulations such as NPDES and the CVMSHCP would limit potential construction impacts to riparian and sensitive habitats. In addition, policies contained in the Parks, Recreation and Open Space, Health and Equity, and Conservation Elements would reduce the potential for future impacts to sensitive natural communities. Therefore, the 2019 EIR determined that the 2040 GPU would not result in significant impacts to riparian habitat or sensitive natural communities.

As discussed in the 2019 EIR, the Planning Area contains portions of the Whitewater River, Coachella Canal, and blue line streams associated with Berdoo Canyon, Little Fargo Cany on, and Fargo Canyon that are likely jurisdictional. Future development associated with the 2040 GPU could result in direct impacts to jurisdictional resources should it encroach into jurisdictional waters and wetlands through grading or vegetation removal. Indirect impacts to jurisdictional resources may occur during and after construction or operations if these activities introduce runoff, toxics, or invasive species into these systems. However, future development would be required to comply with policies and regulations including the Clean Water Act, NPDES, California Fish and Game Code, and CVMSHCP. In addition, the 2040 GPU includes policies in the Conservation and Health and Equity Elements to protect wetlands. Therefore, the 2019 EIR determined that the 2040 GPU would have less than significant impacts to wetlands.

Future development consistent with the 2040 GPU could result in impacts to the movement of resident and migratory wildlife species should existing wildlife movement corridors be constrained or replaced by future development. Two Conservation Areas

Page 23 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 475 of 970

Page 12 ends

within the City contain regionally significant corridors and linkages, the Thousand Palms Conservation Area and the East Indio Hills Conservation Area. The 2040 GPU designates these areas as CVMSHCP Conservation Land and the 2040 GPU contains policies within the Conservation Element to protect important wildlife corridors within the Planning Area.

Therefore, the 2019 EIR determined that the 2040 GPU would not result in significant impacts to wildlife movement.

The City Municipal Code (CMC) Chapter 98.09 includes provisions for the protection of heritage trees. As discussed in the 2019 EIR, development facilitated by the 2040 GPU would be required to comply with CMC Chapter 98.09. In addition, the 2040 GPU includes Policy CE-4.2, Heritage Trees, which aligns with the CMC Chapter 98.09. Therefore, the 2019 EIR determined that the 2040 GPU would not conflict with local policies protecting biological resources.

The Planning Area contains Conservation Areas identified in the CVMSHCP, primarily within the SOI. The 2040 GPU does not propose development within the SOI and any development within Conservation Areas located within the City limits would be required to comply with the provisions of the CVMSHCP. Addi tionally, the 2040 GPU Parks, Recreation, and Open Space and Conservation Elements contain policies to minimize the potential for conflicts with the CVMSHCP, such as Policy CE -7.1, CVMSHCP and Other Regulations. Therefore, the 2019 EIR determined that the 2040 GPU would not conflict with the CVMSHCP and impacts would be less than significant.

Cultural Resources and Tribal Cultural Resources
Historical and Archeological Resources
Historic resources are clustered in the center of the City in areas identified in the 2040 GPU as locations where moderate to major changes are proposed. In addition, the City’s Climate Action Plan includes implementation that could result in installation of solar panels or other modifications to historic properties. Despite compliance with the National Historic Preservation Act, California Public Resources Code Section 5097.5, 2040 GPU Conservation Element policies , and mitigation measures MM -CR-1 and MM -CR-2,

Page 24 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 476 of 970

Page 13 ends

growth accommodated by the 2040 GPU could still resul t in potential removal or disturbance of historic resources. Therefore, the 2019 EIR determined significant and unavoidable impacts to historic resources.

The 2040 GPU has High, Moderate- High, and Moderate archaeological sensitivity throughout its P lanning Area which could be impacted by future ground disturbance associated with buildout of the 2040 General Plan. However, the 2040 GPU Conservation Element contains policies which require site plan review and monitoring of development activities in order to m inimize the potential for impacts to archaeological resources .

Additionally, the 2019 EIR includes mitigation measure MM -CR-3 which requires archaeological field surveys or construction monitoring for development in areas of moderate, moderate-high, and hi gh sensitivity for archaeological resources . Therefore, the 2019 EIR determined a less than significant impact to archaeological resources.

There are no known areas of human remains in the Planning Area. Although soil - disturbing activities associated with future development consistent with the 2040 GPU could result in the discovery of human remains, compliance with existing laws and regulations, including the California Health and Safety Code, would ensure that significant impacts to human remains would not occur. Therefore, the 2019 EIR determined that the 2040 GPU would result in less than significant impacts related to disturbance of human remains.

The proposed project would therefore involve updated regulations relative to the use and development of land uses in the City and would not directly affect historical or archaeological resources beyond what was analyzed under the 2019 EIR. Therefore, the proposed project would not create any new significant impacts, nor would it increase the severity of impacts identified in the 2019 EIR.

Tribal Cultural Resources
Land disturbance assoc iated with implementation of the 2040 GPU could result in the accidental destruction or disturbance of known or previous undiscovered tribal cultural resources. Pursuant to Senate Bill 18 and Assembly Bill 52, Native American tribes were contacted when creating the 2040 GPU to ensure tribal resources were adequately considered. No sacred uses or tribal cultural resources were identified in communications with tribes. In addition, the Conservation Element of the 2040 GPU implements policies requiring site monitoring and coordination with local tribes in order to minimize the

Page 25 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 477 of 970

Page 14 ends

potential for impacts. Therefore, the 2019 EIR determined a less than significant impact to tribal cultural resources.

Energy
The 2019 EIR did not discuss energy impacts as the inclusion of this issue was not a standalone environmental CEQA Guidelines Appendix G checklist question at the time the 2019 EIR document was prepared. Therefore, a discussion of energy impacts is provided to supplement the 2019 EIR.

Pursuant to Section 15126.2 and Appendix G of the CEQA Guidelines, analysis of a project’s energy use should consider whether the project may result in significant environmental effects due to wasteful, inefficient, or unnecessary use of energy resources or conflict with or obstruct a State or local plan for renewable energy or energy efficiency.

The analysis should include the project’s energy use for all phases and components, including construction and operation.

However, the proposed project is a change to the City’s Zoning Code and a General Plan Amendment that would provide minor modifications to the Land Use and Urban Design Element and to the General Plan Land Use 2040 Map, all of which implements the City’s updated General Plan goals and policies. The Zoning Code U pdate is a regulatory document that would supervise land development by enforcing the 2040 GPU’s goals and policies and making it easier for future development and redevelopment projects to conform to the land use patterns and development framework established under the 2040 GPU. The Zoning Code Update would provide for standards that promote orderly growth and development i n the City, while considering its natural environmental features and existing land uses. The proposed project would therefore involve updated regulations relative to the use and development of land uses in the City and would not in itself affect energy use or resources. Therefore, the proposed project would not result in any significant impacts relative to energy.

Geology and Soils
The City contains areas subject t o fault rupture, seismic ground shaking , liquefaction, landslides, and soil expansion. In addition, future development associated with the 2040 GPU could result in erosion from construction activities. Although implementation of the 2040 GPU would result i n subsequent development that could be exposed to geologic

Page 26 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 478 of 970

Page 15 ends

hazards including seismic hazards and unstable soils and may result in erosion, future development would adhere to applicable state laws, local regulations, and 2040 GPU policies which would minimi ze these effects. Therefore, the 2019 EIR determined all impacts related to geology and soils to be less than significant. Additionally, impacts to paleontological resources, discussed in Section 4.5, Cultural Resources, of the 2019 EIR were determined to be less than significant with incorporation of applicable 2040 GPU policies and Mitigation Measure MM -CR-4 which sets procedures for development in areas of high paleontological sensitivity or where no sensitivity mapping has occurred.

The proposed project is a change to the City’s Zoning Code and a General Plan Amendment that would provide minor modifications to the Land Use and Urban Design Element and to the General Plan Land Use 2040 Map, all of which implements the City’s updated General Plan goals and policies. As a regulatory document, the proposed project in itself would not directly result in development, but rather is meant to designate zoning to conform to land use patterns identified in the 2040 GPU. Future permitted uses under the propos ed project would be required to comply with the California Building Code (CBC), which provides standards for excavation, grading, and earthwork construction; fills and embankments; expansive soils; foundation investigations; and liquefaction potential and soils strength loss. Furthermore, all development on sites of between one and five acres would be required to comply with the provisions of the NPDES Phase II regulations concerning the discharge of eroded materials and pollutants from construction sites. Any future development or redevelopment would also have to comply with the GP 2040 goals and policies contained in the Land Use and Urban Design Element, Conservation Element, and Safety Element related to geologic hazards and the minimization of erosion impacts. The proposed project would not expose individuals to the effects of strong seismic ground shaking, seismic-related ground failure, liquefaction or landslides, erosion or loss of topsoil, expansive soils, subsidence, or collapse beyond what could occur under the 2040 GPU and impacts would be less than significant. Likewise, with adherence to the 2040 General Plan Conservation Element policies and Mitigation Measure MM -CR- 4, the proposed project would have less than significant impacts to paleontologi cal resources.

Greenhouse Gas Emissions
The 2019 EIR determined that future development consistent with the 2040 GPU would not result in greenhouse gas (GHG) emissions that would exceed the applicable per service population thresholds consistent with SB 32 and the 2017 Scoping Plan.

Therefore, the 2019 EIR determined that the 2040 GPU would have a less than significant impact related to GHG emissions. In addition, the 2019 EIR determined that the sustainability policies contained in the Land Use, Conservati on, and Mobility Elements align with the 2017 Scoping Plan and 2016 RTP/SCS and the 2040 GPU would not result in a significant impact due a conflict with plans, policies, and regulations adopted for the purpose of reducing GHG emissions.

Page 27 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 479 of 970

Page 16 ends

result in development, but rather is meant to designate zoning to conform to land use patterns identified in the GPU. The Zoning Code U pdate is a regulatory document that would supervise land development by enforcing the GPU’s goals and policies and making it easier for future development and redevelopment projects to conform to the land use patterns and development framework established by 2040 GPU. While implementation of the proposed projec t itself would not result in direct or indirect operational and construction GHG emissions, the Zoning Code Update would have the potential to assist in the development of future uses which would generate GHG emissions . Construction GHG emissions would res ult from the combustion of fossil fuels from heavy -duty construction equipment and from construction worker vehicles and would be temporary in nature. In addition, future development would generate operational emissions associated with vehicle, energy, and water use, as well as solid waste and wastewater generation. Future development in the City would be subject to regulations in place at the time the development is proposed that are aimed at achieving statewide GHG reduction targets, including Title 24 and the California Green Building Code. Therefore, the proposed project would not create any new significant impacts, nor would it increase the severity of impacts that were identified in the 2019 EIR as less than significant impacts.

Hazards and Hazardous Materials
The 2040 GPU facilitates the development of commercial and industrial uses which may handle hazardous materials. However, the use, transport, and disposal of hazardous materials and waste is highly regulated, and the 2040 GPU contains policies in the Health and Equity, Infrastructure and Public Utilities, and Safety Element to further limit the potential for impacts due to the transport, use, disposal, and accidental release of hazardous materials. All future and existing development that involves hazardous materials use, transport, and disposal would be required to comply with the California Health and Safety Code, the Comprehensive Environment al Response, Compensation, and Liability Act, the Resource Conservation and Recovery Act, CMC Section 70.120 (which regulates transportation routes for hazardous materials within City limits), and the applicable 2040 GPU policies. Therefore, the 2019 EIR determined that the 2040 GPU would not result in a significant impact due to the routine transport, use, or disposal of hazardous materials or accidental release of hazardous materials.

At the time of certification, the 2019 EIR identified nine open/active hazardous materials sites listed on a hazardous material site list compiled pursuant to Government Code §65962.5. The 2019 EIR determined listed sites are required to be remediated for anticipated future land use in accordance with existing state and feder al regulatory requirements. Additionally, the 2019 EIR notes that policies within the 2040 GPU and applicable federal and state laws that would ensure impacts related to future development on listed hazardous materials sites are taken into consideration and avoided, minimized, or mitigated. Therefore, the 2019 EIR determined that buildout of the 2040 GPU would result in less than significant impacts related to listed hazardous materials sites.

The 2040 GPU would involve the alteration, intensification, and redistribution of land uses within the City. However, a ll future development would be subject to policies within the Safety Element and would also be reviewed by the City ’s Fire Department prior to any issuance of permits to ensure that projects would not interfere with emergency access

Page 28 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 480 of 970

Page 17 ends

and response. 2040 GPU Policies SE -2.2 and SE -2.3 would ensure that the City ’s emergency response plan and City Ordinances are updated regularly to reflect current evacuation and emergency procedures. In addition, Policy SE-2.1 would ensure that the Local Hazard Mitigation Plan is maintained and updated to reflect up to date emergency response and disaster preparedness information, and applicable evacuation procedures.

Therefore, the 2019 Final EIR determined a less than significant impact to potential impairment of implementation or physical interference with an adopted emergency response plan or emergency evacuation plan as a result of the 2040 GPU.

Although the 2019 EIR identifies the Bermuda Dunes Airport as an airport whi ch could result in potential hazards, all future development would be required to comply with federal and state law concerning airport hazards. Additionally, 2040 GPU policies would ensure specific development projects are consistent with the Bermuda Dunes Airport’s Airport Land Use Compatibility Plan hazard zones. Therefore, the 2019 EIR determined a less than significant impacts associated with airport hazards.

The City is not subject to wildland fire risk due to its desert environment, which lacks trees and brush. Therefore, the 2019 EIR determined that the 2040 GPU would have less than significant impacts related to wildland fire risk.

The proposed project is a change to the City’s Zoning Code and a General Plan Amendment that would provide minor modific ations to the Land Use and Urban Design Element and to the General Plan Land Use 2040 Map, all of which implements the City’s updated General Plan goals and policies. As a regulatory document, the proposed project in itself would not directly result in development that would introduce new hazards or hazardous materials in the City , but rather is meant to designate zoning to conform to land use patterns identified in the 2040 GPU. Likewise, the project would not directly result in new development on pro perties identified on a hazardous material site list compiled pursuant to Government Code §65962.5. As described in the 2019 EIR, f uture development in the City would remain subject to federal, state, and local laws and regulations pertaining to the transport, use, disposal, handling, and storage of hazardous waste, as well as laws pertaining to the use and cleanup of contaminated sites. Therefore, the proposed project would not create any new significant impacts related to the routine use, transport, or disposal of hazardous materials, risk of accidental release of hazardous materials, or risks related to development on contaminated sites. Impacts would remain less than significant, as identified in the 2019 EIR.

Although the proposed project would facilitate changes to the intensity and distribution of land uses within the City , including potential changes to land uses in areas nearby the Bermuda Dunes Airport, all subsequent development would be required to adhere to federal and state law concerning airport hazards. Likewise, future development would be required to comply with City policies concerning emergency access, response, and evacuation procedures. Therefore, similar to the 2040 GPU, the Zoning Code Update would not result in a significant impact due to airport hazards or impairment of implementation or physical interference with an adopted emergency response plan or emergency evacuation plan. Impacts would remain less than significant, as identified in the 2019 EIR.

Page 29 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 481 of 970

Page 18 ends

As described in the 2019 EIR, the City is at low risk of wildland fires, and implementation of the Zoning Code Update would not increase wildland fire risk or expose people or structures to significant risk of wildland fires. Therefore, the proposed project would not create any new signifi cant impacts related to wildland fires , nor would it increase the severity of impacts that were identified in the 2019 EIR.

Hydrology and Water Quality
Future development facilitated by the 2040 GPU could result in impacts to water quality during construction due to erosion and chemical and fuel spills. In addition, operation of new development could result in altered drainage patterns and runoff and generate common pollutants such as sediment, oil and grease, pesticides, and trash that could create polluted runoff. However, as concluded in the 2019 EIR, compliance with the NPDES permit requirements, the CMC, and 2040 GPU Conservation Element, Safety Element, and Infrastructure and Public Facilities Element policies would ensure reduce water pollutants from construction and operation of new development to the maximum extent practicable. Likewise, compliance with these policies and regulations would ensure that new development would not alter site drainage patterns such that there would be increased runoff or flooding. Therefore, the 2019 EIR determined that the 2040 GPU would result in less than significant impacts to water quality and waste discharge requirements, site drainage patterns, erosion and siltation, and runoff.

Future development facilitated by the 2040 GPU could result in increased impervious surfaces and reduced groundwater infiltration and recharge. However, the 2040 GPU contains policies in the Conservation Element and Infrastructure and Public Services Element, such as Policy CE -7.11, Aquifer R echarge Areas, which would promote groundwater recharge and reduce such impacts. In addition, future development would be required to comply with local and state regulations, such as CMC Chapter 55, that require the inclusion of permeable surfaces to ensure stormwater retention and infiltration.

Therefore, the 2019 EIR determined that the 2040 GPU would result in less than significant impacts to groundwater.

The City is not risk of flooding from tsunamis or seiches, but portions of the City are within the 100- and 500-year flood zone. The 2040 GPU Land Use Element permits a variety of uses in these areas, including but not limited to residential, mixed- use, open space, and commercial uses. Therefore, future development with these flood hazar d areas has the potential to expose people or structures to a flooding or impede/redirect flood flows.

However, the 2040 GPU includes a range of policies in the Conservation, Infrastructure and Public Facilities, and Safety Elements intended to reduce risk s from flooding, including design review of storm drain and flood control facilities, restricted development within floodplains, and regularly updated hazards mapping. In addition, a number of flood protection projects are underway to improve flooding safety and reduce hazards.

Therefore, the 2019 EIR determined that with compliance with the CMC and other local, state, and federal regulations related to flooding, the 2040 GPU would not result in significant flooding-related risks.

Page 30 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 482 of 970

Page 19 ends

updated General Plan goals and policies. The proposed project in itself would not directly result in development, but rather is meant to designate zoning to conform to land use patterns identified in the 2040 GPU. The Zoning Code Update is a regulatory document that would supervise land development by enforcing the GPU’s goals and policies and making it easier for future development and redevelopment projects to conform to the land use patterns and development framework established by 2040 GPU. The Zoning Code Update would provide for standards that promote orderly growth and development in the City, while considering its natural environmental features and existing land uses.

Any future development and redevelopment projects in the City would be subject to applicable water quality standards and waste discharge requirements. Furthermore, in compliance with federal, state, regional and local requirements, contractors constructing new development or redevelopment projects would be required to implement Best Management Practices, which aim to control flooding, reduce erosion, and improve overall water quality. A ll future development projects would be required to comply with applicable federal, state, and local laws and regulations concerning the protection of water quality , runoff and stormwater c ontrol, flood risks, and groundwater infiltration, including the federal Clean Water Act and the CMC, as discussed in the 2019 EIR.

Therefore, the proposed project would not create any new significant impacts, nor would it increase the severity of impacts relative to stormwater an d pollutants, reduction in groundwater supplies and quality , drainage patterns, downstream flooding and urban runoff, dam inundations, tsunamis and seiches, beyond what was identified in the 2019 EIR. Impacts would remain less than significant.

Land Use and Planning
Implementation of the 2040 GPU would involve development within the existing City boundaries/limits. New development or redevelopment would not physically divide any established communities in the Planning Area, rather, the GPU seeks to maintain and preserve the quality of Indio’s existing neighborhoods. Thus, the 2019 EIR determined that the 2040 GPU would have no impact associated with physically dividing established communities. Likewise, the 2040 GPU policies would al ign with the goals of the 2016 RTP/SCS, Senate Bill 743, and Assembly Bill 1358 adopted for the purpose of avoiding or mitigating environmental impacts. Therefore, the 2019 EIR determined that the 2040 EIR would not conflict with applicable land use plans, policies, and regulations and impacts would be less than significant.

The proposed project is a change to the City’s Zoning Code and a General Plan Amendment that would provide minor modifications to the Land Use and Urban Design Element and to the General Plan Land Use 2040 Map, all of which implements the 2040 GPU’s goals and policies. The proposed project in itself would not directly result in development, but rather is meant to designate zoning to conform to land use patterns identified in the GPU. The Zoning Code U pdate is a regulatory document that would supervise land development by enforcing the GPU’s goals and policies and making it easier for future development and redevelopment projects to conform to the land use patterns and development framework established by the 2040 GPU. The Zoning Code Update would provide for standards that promote orderly growth and development in the City, while considering its natural environmental features and existing land uses. As the

Page 31 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 483 of 970

Page 20 ends

Zoning Code Update would align with the 2040 GPU, the proposed project would not conflict with existing land use plan, policy or regulation, nor would it physically divide an established community beyond what was analyzed under the 2019 EIR for the 2040 GPU.

Therefore, the proposed project would not create any new significant impacts, nor would it increase the severity of impacts that were identified in the 2019 EIR. Impacts would remain less than significant.

Mineral Resources
The state Mining and Geology Board has defined Mineral Resource Zones (MRZs) based on the presence or absence of significant sand, gravel, and crushed rock resources. The majority of the City is identified as MRZ -1, which are areas with little likelihood for significant mineral deposits. However, there are some areas near the northern City limits that are classified as MRZ-2, which are areas with significant mineral deposits. The MRZ- 2 areas within the City are designated as Suburban Neighborhood and Desert Estate within the 2040 GPU, which would facilitate development of residential land uses.

Conversion of an MRZ -2 zone to urb an development constitutes a permanent land use change that is incompatible with mineral extraction. Therefore, the 2019 EIR determined that the 2040 GPU would result in a significant and unavoidable impact to known mineral resources.

Noise
The 2040 GPU would result in new development that would generate construction noise and vibration, along with increased traffic and stational noise sources. Additionally, new development in accordance with the 2040 GPU could result in new noise sensitive receptors in areas with existing and future noise levels that would exceed the applicable thresholds. As concluded in the 2019 EIR, impleme ntation of the City ’s existing noise regulations and standards, as well as goals and policies of the 2040 GPU, would reduce potential temporary noise and vibration impacts related to the construction of future land uses to less than significant levels. The 2019 EIR also determined that implementation of the 2040 GPU would not result in the siting of new sensitive land uses and receptors that would be exposed to significant traffic, railroad, or stationary sources of noise. Likewise,

Page 32 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 484 of 970

Page 21 ends

the 2019 EIR determined that development of new land uses in accordance with the 2040 GPU would not result in exposure of future residents and workers to airport noise levels in excess of the standards. However, the 2019 EIR determined that increased development facilitated by the 2040 GPU would result in a significant and unavoidable increase in ambient noise levels due to increased traffic on area roadways.

The proposed project is a change to the City’s Zoning Code and a General Plan Amendment that would provide minor modifications to the Land Use and Urban Design Element and to the General Plan Land Use 2040 Map, all of which implements the 2040 GPU goals and policies. The proposed project in itself would not direc tly result in development, but rather is meant to designate zoning to conform to land use patterns identified in the 2040 GPU. As a regulatory document, the proposed project would not generate population growth or accommodate growth beyond what was envisioned under the 2040 GPU. Additionally, future development in accordance with the proposed project would be required to comply with mitigation measure MM -NOS-1 which would address issues related to potential increases in ambient noise to the extent feasibl e. Therefore, the Zoning Code Update would not result in any new noise impacts beyond that was identified and analyzed in the 2019 EIR, nor would it increase the severity of impacts identified in the 2019 EIR.

Population and Housing
The 2040 GPU is intended to accommodate an increased projected population of 119,951 people by 2040, equating to an annual growth rate of 1.6 percent. This projection is within the population projection developed by the Southern California Association of Governments, which envisions population increase at an annual average growth rate of approximately two percent. Additionally, the City is already served by essential public services, and future roadway system improvements identified in the 2040 GPU are intended accommodate future population growth. Thus, infrastructure and roadway system improvements would not induce additional development that would increase population. Therefore, the 2019 Final EIR determined the 2040 GPU would not induce growth, directly or indirectly, beyond what was projected for the City.

The 2040 GPU would accommodate new housing opportunities in the City to accommodate future growth. The 2019 EIR does not identify any loss of housing opportunities because the 2040 GPU accommodates forecasted growth in the C ity through 2040. Since new housing would more than offset any temporar ily displa ced housing due to future land use development , the 2019 EIR determined no additional replacement housing would be necessary.

The proposed project is a change to the City’s Zoning Code and a General Plan Amendment that would provide minor modifications to the Land Use and Urban Design Element and to the General Plan Land Use 2040 Map, all of which implements the 2040 GPU’s goals and policies. The proposed project in itself woul d not directly result in development or population growth, but rather is meant to designate zoning to conform to land use patterns identified in the 2040 GPU. Therefore, implementation of the p roject would not generate housing or population growth beyond what was anticipated in the 2040 GPU and the 2019 EIR. Likewise, the proposed project would provide for appropriate zoning designations throughout the City and would ensure the City is able

Page 33 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 485 of 970

Page 22 ends

meet the housing needs identified in the 2040 GPU to accommodate the anticipated population growth. Therefore, the project would not result in substantial displacement of housing or people beyond what was identified in the 2019 Final EIR. Impacts would remain less than significant.

Public Services
Fire and Police Protection
The 2040 GPU would facilitate growth which would increase the demand for fire and police protection services. However, the future development in accordance with the 2040 GPU would be required to pay development impact fees to offset increased demands for fire and police services. In addition, the 2040 GPU Safety Element and Land Use Element contain policies to ensure adequate firefighting and police staff, infrastructure, and the provision of environmentally sustainable infrastructure and facilit ies. The 2040 GPU did not propose new fire or police facilities, and thus the 2019 EIR determined that impacts would be less than significant.

The proposed project is a change to the City’s Zoning Code and a General Plan Amendment that would provide minor modifications to the Land Use and Urban Design Element and to the General Plan Land Use 2040 Map, all of which implements the 2040 GPU’s goals and policies. The proposed project in itself would not directly result in development or population growth, but rather is meant to designate zoning to conform to land use patterns identified in the 2040 GPU. Although the 2040 GPU anticipates growth, as discussed in Section 1.13, Population and Housing, growth would be within forecasted projections, and thus applying zoning to align with land use patterns identified in the 2040 GPU would not cause growth beyond what was expected, and therefore not result in the need for new or physically altered fire or police facilities beyond what was already anticipated. Therefore , the project would not result in an exceedance of impacts concerning the need for new or physically altered emergency service facilities than what was identified in the 2019 EIR.

Schools
Based on forecasted growth, the 2019 EIR assumed a maximum of 22,886 new students would be added to the City’s school districts by 2040. In order to accommodate a future influx of students, local school districts have anticipated construction of new schools would be required. However, the future development in accordance w ith the 2040 GPU would be required to pay development impact fees to offset increased demands for schools. In addition, the 2040 GPU Infrastructure and Public Facilities Element and Land Use Element contain policies to ensure schools and facilities can accommodate the City’s existing and future population, and the provisioning of environmentally sustainable school facilities. Although future expansion of existing schools or development of new schools may be required, no specific school facilities were proposed within the 2040 GPU, and thus project-specific impacts would be addressed when future facilities are proposed. The 2019 Final EIR determined 2040 GPU impacts to schools would be less than significant.

The proposed project is a change to the City’s Zoning Code and a General Plan Amendment that would provide minor modifications to the Land Use and Urban Design

Page 34 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 486 of 970

Page 23 ends

Element and to the General Plan Land Use 2040 Map, all of which implements the 2040 GPU’s goals and policies. The proposed project in itself would not directly result in development or population growth, but rather is meant to designate zoning to conform to land use patterns identified in the 2040 GPU. Although the 2019 EIR anticipates adding approximately 23,000 students through 2040, which may exceed the current capacity of school systems serving the City , the proposed project would not contribute to any additional influx of students beyond what was previously predicted. Therefore, the project would not result in an exceedance of impacts concerning the need for new or physically altered school facilities beyond what was anticipated within the 2019 EIR.

Libraries
The 2040 GPU anticipates growth, and subsequently an increased demand for library services. However, growth accommodated by the 2040 GPU would generate revenue for the library pursuant to the City’s Development Impact Fee ordinance which would collect ‘public building fees’ to be used for public buildings. Future development would be required to pay development impact fees that would be used to offset additional demand on libraries serving the City. In addition, the 2040 GPU Infrastructure and Public Facilities and Land Use and Urban Design Elements provide policies intended to ensure the development of necessary public facilities and services for the City , which can aid the County in the planning of future local libraries. Therefore, the 2019 EIR determined that impacts to libraries would be less than significant.

The proposed project is a change to the City’s Zoning Code and a Gener al Plan Amendment that would provide minor modifications to the Land Use and Urban Design Element and to the General Plan Land Use 2040 Map, all of which implements the 2040 GPU’s goals and policies. The proposed project in itself would not directly result in development or population growth, but rather is meant to designate zoning to conform to land use patterns identified in the 2040 GPU. Although the 2040 GPU would result in increased population and resulting demand for libraries, the proposed project would not contribute to any additional influx of residents beyond what was previously predicted in the 2019 EIR. Therefore, the p roject would not result in an exceedance of impacts concerning the need for new or physically altered libraries beyond what was determined in the 2019 EIR. Impacts would remain less than significant.

Recreation
Growth accommodated by the 2040 GPU would result in increased demand for parks and recreational facilities. T he 2040 GPU identifies a goal to expand parkland to cover 3.0 acres per 1,000 persons from the existing 0.71 acres per 1,000 persons. The 2040 GPU Parks, Recreation and Open Space Element has identified several future park and trail projects and includes implementation action PR -1 that requires preparation of a Parks Master Plan to guide future development of park and recreational facilities within the City.

The 2040 GPU policies would seek to increase parks and recreational amenities for residents to meet the demands associated with future population growth. Individual recreational and park projects identified in the 2040 GPU and future Parks Master Plan would be required to undergo project-level environmental review once project details are

Page 35 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 487 of 970

Page 24 ends

determined. Therefore, the 2019 EIR determined that growth accommodated by the 2040 GPU would not result in significant impacts to parks and recreational facilities.

The proposed project is a change to the City’s Zoning Code and a General Plan Amendment that would provide minor modifications to the Land Use and Urban Design Element and to the General Plan Land Use 2040 Map, all of which implements the 2040 GPU’s goals and policies. The proposed project in itself would not directly result in development or population growth, but rather is meant to designate zoning to conform to land use patterns identified in the 2040 GPU. Although the 2040 GPU would result in increased population and resulting demand for parks and recreational amenities, the proposed project would not contribute to any additional influx of residents beyond what was previously predicted in the 2019 EIR. Additionally, the 2040 GPU designates specific areas as Parks and Open Space, and by applying the corresponding zoning through the Zoning Code Update, the City would be furthering their goal of expanding parkland.

Therefore, the project would not result in an exceedance of impacts related to parks and recreational facilities beyond what was determined in the 2019 EIR. Impacts would remain less than significant.

The potential for the 2040 GPU to result in the substantial physical deterioration of existing parks and recreational facilities or the need for the construction of new facilities is addressed in Section 4.14, Public Services and Recreation, of the 2019 EIR. However, the 2019 EIR does not include a standalone section on recreation, as the inclusion of this issue area was not yet required under CEQA at the time the document was prepared.

Therefore, a discussion of the additional CEQA Guidelines Ap pendix G checklist items related to recreation impacts is provided herein to supplement the 2019 EIR.

Pursuant to Section 15126.2 and Appendix G of the CEQA Guidelines, a project should consider potential impacts related to the increased use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. The CEQA analysis should also consider whether the project would include recreational facilities or r equire the construction or expansion of recreational facilities which might have an adverse physical effect on the environment.

The proposed project is a change to the City’s Zoning Code and a General Plan Amendment that would provide minor modifications t o the Land Use and Urban Design Element and to the General Plan Land Use 2040 Map, all of which implements the 2040 GPU’s goals and policies. The proposed project in itself would not directly result in development of new parks or other uses or population g rowth, but rather is meant to designate zoning to conform to land use patterns identified in the 2040 GPU. Although the 2040 GPU would result in increased population and resulting demand for parks and recreational amenities, the proposed project would not contribute to any additional influx of residents beyond what was previously predicted in the 2019 EIR. Additionally, the 2040 GPU designates specific areas as Parks and Open Space, and by applying the corresponding zoning through the Zoning Code Update, the City would be furthering their goal of expanding parkland. Therefore, the project would not result in an exceedance of impacts related to parks and recreational facilities beyond what was determined in the 2019 EIR. Impacts would remain less than significant.

Page 36 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 488 of 970

Page 25 ends

Transportation/Traffic
The 2019 EIR determined that future traffic generated by the 2040 GPU would result in potentially significant impacts to roadway congestion on several street and freeway segments. Impacts to local roadway segments which would be mitigated to a less than significant level through implementation of mitigation measures MM-TRF-1 and MM-TRF-

2. The 2019 EIR also includes MM-TRF-3 through MM-TRF-13 to address potential impacts to roadway and freeway segments outside of the City ’s jur isdiction; however, level of service ( LOS) impacts to these segments would remain significant and unavoidable.

The 2019 EIR determined that policies contained in the 2040 GPU Mobility Element to promote alternate modes of transportation including active tr ansportation and public transit would align with the Complete Streets Act, 2016 RTP/SCCS, Coachella Valley Link Conceptual Master Plan, SunLine Transit Agency Agency’s Short Range Transit Plan.

Therefore, the 2019 EIR determined that the 2040 GPU would result in a significant impact due to conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities.

Public transportation improvements pro posed by the 2040 GPU and future private development could potentially result in hazardous roadway conditions due to design features or incompatible uses or inefficient or inadequate emergency access . However, all proposed development would be subject to t he City’s roadway engineering and Fire Code standards, which are meant to ensure adequately designed roads for safety and emergency access. Future development would also be required to comply with the land uses proposed in the 2040 GPU and the zoning code, which minimize incompatible uses within the City. The 2040 GPU Mobility Element includes policies that encourage traffic safety, which would further preclude traffic hazards and inadequate emergency access from growth facilitated by the 2040 GPU. Therefor e, the 2019 EIR determined that the 2040 GPU would have less than significant impacts related to roadway hazards and emergency access.

The proposed project is a change to the City’s Zoning Code and a General Plan Amendment that would provide minor modifications to the Land Use and Urban Design Element and to the General Plan Land Use 2040 Map, all of which implement the 2040 GPU goals and policies. The proposed project in itself would not directly result in development, but rather is meant to designate zoni ng to conform to land use patterns identified in the 2040 GPU. As a regulatory document, the proposed project would not generate population growth or modify the existing transportation system beyond what was envisioned under the 2040 GPU. The 2019 EIR de termined that since all future development in the City would have to comply with plans, policies and programs related to alternate modes of transportation, traffic hazards, traffic safety, and emergency access, traffic impacts for these issues areas would be less than significant. Similarly, the proposed project would have less than significant impacts related to these issues.

However, the 2019 EIR also determined that future development under the 2040 GPU has the potential to degrade traffic flow along roadway segments, freeway segments and intersections. Of these, only one intersection was located with the City’s jurisdiction, and

Page 37 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 489 of 970

Page 26 ends

impacts to roadway segments outside of the City ’s jurisdiction could not be mitigated .

Therefore, the 2019 EIR identified these impacts to traffic as significant and unavoidable even with mitigation measures MM -TRF-1 through MM -TRF-13. As a policy document that is consistent with the 2040 GPU, the proposed Zoning Code Update would not increase traffic impacts beyond those identified in the 2019 EIR and impacts to LOS would remain significant and unavoidable.

Utilities and Service Systems
Wastewater
The population of the City under the 2040 GPU is anticipated to result in a total demand of 8,756,423 gallons of wastewater treatment services per day in the year 2040. The water reclamation facility serving the City is anticipated to have adequate capacity to treat wastewater flows generated by buildout of the 2040 GPU. In addition, the 2040 GPU Land Use and Urban Design Element and Infrastructure and Public Facilities Element include overarching goals and policies supporting effective wastewater treatment facilities .

Therefore, the 2019 EIR concluded that the 2040 GPU would have less than significant impacts related to wastewater.

The proposed project is a change to the City’s Zoning Code and a General Plan Amendment that would provide minor modifications to the Land Use and Urban Design Element and to the General Plan Land Use 2040 Map, all of which implements the 2040 GPU goals and policies. The proposed project in itself would not directly result in development, but rather is meant to designate zoning to conform to land use pat terns identified in the 2040 GPU. The Zoning Code update is a regulatory document that would supervise land development by enforcing the 2040 GPU’s goals and policies and making it easier for future development and redevelopment projects to conform to the land use patterns and development framework established by the 2040 GPU. Although the 2040 GPU anticipates growth, as discussed in Section 1.13, Population and Housing, growth would be within forecasted projections, and thus applying zoning to align with l and use patterns identified in the 2040 GPU would not cause growth and associated wastewater generation beyond what was expected. Therefore, the proposed project would not result in impacts related to wastewater generation and treatment beyond what was alr eady anticipated in the 2040 GPU and 2019 EIR. Impacts would remain less than significant.

Water System and Water Supply
The 2040 GPU would result in increased development and population growth within the City, which would create additional demand for pota ble water. However, the 2040 GPU contains a number of goals and policies in the Land Use and Urban Design, Conservation, and Infrastructure and Public Facilities Elements to ensure a sustainable water supply and promote water conservation. In addition, the 2015 Urban Water Management Plan for the City’s water supplier indicates that adequate water supplies would be available to serve the City through the year 2040. Therefore, the 2019 EIR determined that the 2040 GPU would result in less than significant im pacts related to the water system and water supply.

Page 38 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 490 of 970

Page 27 ends

The proposed project is a change to the City’s Zoning Code and a General Plan Amendment that would provide minor modifications to the Land Use and Urban Design Element and to the General Plan Land Use 2040 Map, all of which implements the 2040 GPU goals and policies. The proposed project in itself would not direc tly result in development, but rather is meant to designate zoning to conform to land use patterns identified in the 2040 GPU. The Zoning Code update is a regulatory document that would supervise land development by enforcing the 2040 GPU’s goals and policies and making it easier for future development and redevelopment projects to conform to the land use patterns and development framework established by the 2040 GPU. Although the 2040 GPU anticipates growth, as discussed in Section 1.13, Population and H ousing, growth would be within forecasted projections, and thus applying zoning to align with land use patterns identified in the 2040 GPU would not cause population growth and associated water use beyond what was already anticipated in the 2040 GPU and 2019 EIR.

Therefore, the proposed project would not create any new significant impacts, nor would it increase the severity of impacts that were identified in the 2019 EIR and impacts would remain less than significant.

Stormwater Drainage System
Future development consistent with the 2040 GPU would involve grading or alteration of existing site conditions that would affect site runoff. However, future development projects would be required to prepare grading and site drainage plans consistent with the RWQCB requirements and would be required to comply with CMC Section 55.26, which requires new development and redevelopment to control the rate and volume of storm water runoff through installation of storm water infrastructure such as retention structures, subsurface areas, and cisterns. Furthermore, the 2040 GPU includes goals and policies in the Land Use and Urban Design and Infrastructure and Public Facilities Elements that support provisioning of adequate storm water facilities in the City . Theref ore, the 2019 EIR determined that implementation of the 2040 GPU would result in less than significant impacts to the stormwater drainage system.

The proposed project is a change to the City’s Zoning Code and a General Plan Amendment that would provide minor modifications to the Land Use and Urban Design Element and to the General Plan Land Use 2040 Map, all of which implements the 2040 GPU goals and policies. The proposed project in itself would not directly result in development, but rather is meant to designate zoning to conform to land use patterns identified in the 2040 GPU. The Zoning Code update is a regulatory document that would supervise land development by enforcing the 2040 GPU’s goals and policies and making it easier for future development and redevelopment projects to conform to the land use patterns and development framework established by the 2040 GPU. Although the 2040 GPU anticipates changes to land use that could alter site drainage and increase flows to the stormwater drainage system, applying zoning to align with land use patterns identified in the 2040 GPU would not cause increased development and associated stormwater generation beyond what was already anticipated in the 2040 GPU and 2019 EIR.

Page 39 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 491 of 970

Page 28 ends

Solid Waste
The 2040 GPU would result in increased development and population within the City, which would generate increased solid waste that could affect the capacity of landfills serving the City . However, the CMC includes policies to reduce solid waste generation that would apply to all development within the City , including a ban on single-use plastic bags and construction and demolition debris recycling requirements. In addition, the 2040 GPU Land Use and Urban Design and Infrastructure and Public Facilities Elements include goals and policies that would support solid waste diversion from landfills and would promote recycling and reuse, aligning with statewide policies addressing solid waste such as AB 341. Future development would be required to comply with the provisions of the CMC and 2040 GPU to reduce solid waste generation. Furtherm ore, Riverside County area landfills serving the City are anticipated to have sufficient capacity to continue serving the City under 2040 GPU population and development conditions.

Therefore, the 2019 EIR determined that the 2040 GPU would have a less than significant impact related to solid waste.

The proposed project is a change to the City’s Zoning Code and a General Plan Amendment that would provide minor modifications to the Land Use and Urban Design Element and to the General Plan Land Use 2040 Map, all of which implements the 2040 GPU goals and policies. The proposed project in itself would not directly result in development, but rather is meant to designate zoning to conform to land use patterns identified in the 2040 GPU. The Zoning Code update is a regulatory document that would supervise land development by enforcing the 2040 GPU’s goals and policies and making it easier for future development and redevelopment projects to conform to the land use patterns and development framework established by the 2040 GPU. Although the 2040 GPU anticipates growth, as discussed in Section 1.13, Population and Housing, growth would be within forecasted projections, and thus applying zoning to align with land use patterns identified in the 2040 GPU would not cause population growth and associated waste generation beyond what was already anticipated in the 2040 GPU and 2019 EIR.

Therefore, the proposed project would not create any new significant impacts related to solid waste, nor would it increase the severity of impacts that were identified in the 2019 EIR and impacts would remain less than significant.

Wildfire
The 2019 Final EIR does not discuss wildfires as the inclusion of this issue area was not yet required under CEQA at the time the document was prepared. Therefore, a discussion of wildfire impacts is provided herein to supplement the 2019 Final EIR.

According to the California Department of Forestry and Fire Protection (Cal Fire), the City is located within a Local Responsibility Area (LRA) and surrounded primarily by Federal Responsibility Areas (FRAs) (Cal Fire 2022). The City and its immediate surroundings are not within a Very High Fire Hazard Severity (VHFHS) zone. A VHFHS zone primarily lies southeast of the City within Anza-Borrego Desert State Park. The City is located within the eastern end of Riverside County which is primarily desert, with far less population and vegetation compared to the western end of the county. The City is not prone to any major wildland fires due to the desert environment which does not support large amounts of vegetation (County of Riverside Emergency Management Department 2018).

Page 40 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 492 of 970

Page 29 ends

Conclusion
As discussed in Section 2, Environmental Impacts, the proposed project is consistent with the City’s General Plan 2040 and its development is within the parameters considered in the 2019 EIR. In addition, as concluded under each analyzed environmental issue area, the proposed project would have no new significant environmental effects beyond those identified in the 2019 EIR. As such, additional environmental documentation is not required under CEQA.

Page 41 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 493 of 970

Page 30 ends

References
California Department of Forestry and Fire Protection [Cal Fire]. 2022. Fire Hazard Severity Zone Viewer. https://egis.fire.ca.gov/FHSZ/ (accessed February 2022).

County of Riverside Emergency Management Department. 2018. Multi -Jurisdictional Local Hazard Mitigation Plan. https://www.rivcoemd.org/divisions -and- programs/mitigation/local-hazard-mitigation-plan (accessed February 2022).

Indio, City of. 2019. General Plan 2040.
https://www.indio.org/civicax/filebank/blobdload.aspx?t=47082.25&BlobID=29234 (accessed June 2022).
______. 2019. General Plan 2040 Final Environmental Impact Report. https://www.indio.org/your_government/development_services/gp2040/environm ental_impact_report.htm (accessed June 2022).

Page 42 of 42 ends

AGENDA ITEM #10.4
Resolution No. 10321 making a Finding of Consistency with the Program En... Page 494 of 970 City of Indio
City Council
August 17, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: amending amendment Plan General a approving 10322 No. Resolution Chapter 3 (Land Use and Urban Design) of the General Plan 2040 and amending the General Plan Land Use Designation Map

RECOMMENDATION:

Adopt Resolution No. 10322 approving a General Plan a mendment amending Chapter 3 (Land Use and Urban Design) of the General Plan 2040 and amending the General Plan Land Use Designation Map

SUMMARY:

Text amendment to Chapter 3 (Land Use and Urban Design) and map amendment to the General Plan 2040 Land Use Designation Map

BACKGROUND INFORMATION:

The General Plan is proposed to be amended to update certain portions of Chapter 3 (Land Use and Urban Design) and to update the associated General Plan Land Use Designation (s) Map. State law requires that each city adopt a General Plan to guide land use and development. A General Plan amendment is considered to be any change to the General Plan text or map (s). State law specifies that each mandatory General Plan element may be amended no more than four times per year.

Government Code Sections 65353 through 65355 require:

• The Planning Commission to hold at least one (1) public hearing before approving a recommendation on the amendment to the General Plan.
• The Planning Commission to make a written recommendation on the amendment to the General Plan. A recommendation for approval shall be made by affirmative vote of not less than a majority of the total me mbership of the Commission. The Planning Commission shall send its recommendation to the legislative body (the City Council). • The City Council to hold at least one (1) public hearing prior to amending a General Plan.

The following recently adopted housing laws have established new housing element requirements related to affordability, no net loss, facilitation of ADU's and affirmatively furthering the Fair Housing component and addressing special -needs populations. The passage of these laws requires that th e General Plan be amended and also requires that the City's zoning regulations be consistent with these laws. The following is a summary of these laws:

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 495 of 970 • By-Right Approval of Projects with 20 Percent Affordable to Lower Income Households (AB 1397) required for reusing vacant sites used in the 4th and 5th cycle Housing Elements and non-vacant sites used in the 5th cycle Housing Element. • Rezoning of sites to accommodate the RHNA.
• Monitoring of No Net Loss (SB 166) - Develop a procedure to monitor for No Net Loss. When the sites in the inventory are developed, the City must monitor the number and income level of the units built, compared to the Housing Element assumptions for the sites. If a shortfall in sites is identified due to developments at market yielding fewer or no affordable units, the City must make findings that the City's sites inventory continues to have adequate capacity for the remaining RHNA, identify replacement sites, or rezone/up-zone within six months to replenish the sites inventory.
• Replacement Housing (AB 1397) - As a condition of project approval, development on a residential site that currently has existing units must replace the units that are deed restricted for or occupied by lower income households. The replacement requirement s under AB 1397 are the same with Density Bonus law.
• Facilitation of ADUs - As of January 1, 2020, AB 68, AB 587, AB 670, AB 671, AB 881, and SB 13 each changed requirements on how local governments can and cannot regulate ADUs, with the goal of increasin g statewide availability of smaller, more affordable housing units. The Housing Element must ensure consistency with state requirements and must include incentives to facilitate the development of affordable ADUs and a monitoring of ADU trends to ensure consistency with assumptions in the Housing Element.
• Affirmatively Furthering Fair Housing (AB 686) - The Housing Element must include an AFFH analysis that looks at existing conditions regarding segregation and concentration of poverty, and the dis tribution of the sites inventory. The Housing Element needs to identify actions that the City will undertake to foster housing mobility, facilitate neighborhood improvements, mitigate displacement, and provide housing choices in areas with access to opportunity.

Zoning Revisions for Special Needs Populations:

• AB 139 (Emergency Shelters) - Revise parking standards for the emergency shelter overlay to be based on staffing level instead of shelter capacity. • AB 101 (Low Barrier Navigation Centers) - Revise zoning code to permit low barrier navigation centers (temporary housing for those at risk of homelessness) by right in mixed use/non - residential zones that allow housing.
• AB 2162 (Supportive Housing) - Revise zoning code to permit supportive housing me eting specific criteria in multi -family and mixed -use zones. If the specific supportive housing is located within a half mile from transit, no minimum parking can be required.

The Indio City Council initially adopted the updated Housing Element on January 5, 2022 addressing the Sixth Cycle Regional Housing Needs Assessment (RHNA) planning period that spans the 2021 - 2029 period (October 15, 2021 - October 15, 2029). The City Council re-adopted the Housing Element on April 6, 2022 in response to direction from the California Department of Housing and Community Development. Following, this re-adoption, the Department of Housing and Community Development certified the City's Housing Element on April 21, 2022. The newly adopted Housing Element identifies the need to update the City's zoning regulations to support the implementation of this Element.

City staff have identified the need to amend the currently adopted Indio General Plan 2040 text and land code zoning the with consistency proposed address to map designation use required amendments and to address the aforementioned recent changes in State housing laws. These proposed amendments will: a) modify the current Suburban Neighbor hood land use designation into two Low Neighborhood Suburban as known land use new (2) and designations Suburban

Page 2 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 496 of 970 Neighborhood High to respond to recent changes in State housing laws; modify the current Connected Neighborhood land use designation into two ( 2) new land use designations to respond to recent changes in State housing laws: b) incorporate the Desert Estates Transition land use designation previously established by the City Council fully into the General Plan; c) re -designate certain parcels on the General Plan Land Use Map to the aforementioned new land use designations; and d) modify current land use designations on the General Plan Land Use Designations Map for certain properties to address zoning consistency, property ownership and existing land uses.

Chapter 150 (Billboards and Signs) and Chapter 159 (Zoning Regulations) of Title XV of the Indio Municipal Code comprise the City's current signage and zoning regulations. These Chapters were adopted in the mid -1990's and have largely stayed int act with limited substantive amendments.

Government Code Section 65860 requires that county or city zoning ordinances shall be consistent with the general plan of the county or city by January 1, 1974 and that a zoning ordinance shall be consistent with a city or county general plan only if the city or county has officially adopted such a plan and the various land uses authorized by the ordinance are compatible with the objectives, policies, general land uses, and programs specified in the plan. B ecause Chapters 50 and 159 were substantively misaligned with the City's adopted Genera Plan, a significant update to both Chapters was required. Beginning in early 2020 and continuing to present, City staff and a consultant team have been developing new signage a nd zoning regulations that will be consistent with the adopted General Plan. These regulations are proposed to be incorporated into a Unified Development Code. This Code is intended to bring together various zoning regulations in a handbook format that will be clear, understandable, descriptive and will utilize visual graphics to more accurately display and guide the application of signage and zoning in the City.

FINDINGS AND CONCLUSIONS:

The following addresses required findings and conclusions for the G eneral Plan and signage and zoning amendments:

A. GENERAL PLAN TEXT AND MAP AMENDMENTS:

State Law Consistency for Proposed General Plan Amendments:

Chapter 12 (Implementation) of the adopted General Plan 2040 specifies that the Plan will be implemented over an extended period of time (estimated to be 20 years with a time horizon of 2040).

During this time, long-range planning efforts will continue using the goals and policies in the General Plan as a guide. This Chapter further notes that although, the General Plan is a living document, State law allows it to be updated and refined over the coming decades. The General Plan may be amended up to four tim es per year to accommodate changing conditions. Property owners, the Planning Commission, City Council, or City staff may propose amendments. Proposed changes must be reviewed by the Planning Commission and the City Council at public hearings and the poten tial of environmental impacts must be evaluated in accordance with the California Environmental Quality Act.

Finding (s):

The City Council's adoption and re-adoption of the Housing Element in January and April of 2022 are considered one (1) amendment act ion for calendar year 2022. The proposed amendments to the General Plan are considered one amendment action and will be the second allowed amendment in the 2022 calendar year.

Conclusion (s):

Page 3 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 497 of 970 The proposed amendments to the General Plan are consistent with State law pertaining to the allowed number of General Plan amendments in a calendar year.

General Plan Text and Map Amendments:

Amendment A:

Finding (s):

The adopted General Plan 2040 established density per acre (DU/Acre) and/or Floor Area Ra tio provisions for certain residential land use designations. These provisions utilized the term "up to" in describing the policy allowances for density and floor area ratio. At the time of the General Plan 2040 adoption, this term was intended to provide flexibility in land use intensities for development or redevelopment of properties. Subsequent to this adoption, changes in state housing laws specified that local governments must specify minimum and/or maximum densities rather than allow a broad range of densities as is currently specified through the utilization of the "up to" terminology. In order to respond to these changes in state housing laws, the adopted General Plan should be amended to remove the "up to" term and to specify the allowable density and/or floor area ratio for each relevant land use designation.

Conclusion (s):

The removal of the "up to" term from relevant portions of the General Plan will facilitate the Plan's continued consistency with prior legislative direction by the State and is in the public interest, safety and welfare. The removal of this term is necessitated by changes in state law and will not substantively change the overall vision and intent of the General Plan nor applicable policies or goals.

Amendment B:

Finding (s):

The adopted General Plan 2040 established the Suburban Neighborhood (SN) land use designation in Chapter 3 (Land Use and Urban Design). At the time of the adoption of the General Plan, this land use designation specified an allowable density of up to eight (8) dwelling units per acre. Through the development of the new implementing zoning regulations, city staff identified the need to have two implementing zoning districts for the Suburban Neighborhood land use designation to support different land use intensities for this designation in recognition that a single zoning designation would not facilitate development of properties consistent with the land use intensities of the surrounding area (s). Concurrently, there is a need to modify this land use designation to align with the two proposed implementing zoning designations. The amended land use designations are comprised of: a) Suburban Neighborhood Low (SNL) that provides low-intensity suburban neighborhood development for single -family detached hom es on relatively large lots - Maximum: 4 DU/AC; and b) Suburban Neighborhood High (SNH) that provides low - to moderate -intensity suburban neighborhood development for single-family detached and attached homes on moderately sized lots - Minimum: >4 DU/AC and Maximum: 8 DU/AC.

Conclusion (s):

Page 4 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 498 of 970 consistency of the two proposed Suburban Neighborhood zoning designations. This amendment is consistent with the overall vision, intent, policies and goals of the adopted General Plan and is in the public interest, safety and welfare.

Amendment C:

Finding (s):

The adopted General Plan 2040 established the Connected Neighborhood (CN) land use designations in Chapter 3 (Land Use and Urban Design). At the time of the adoption of the General Plan, this land use designation specified an allowable density of up to twenty (20) dwelling units per acre. Through the development of the new implementing zoning regulations, city staff identified the need to have two implementing zoning districts for the Suburban Neighborhood land use designation to support different land use intensities for this designation in recognition that a single zoning designation would not facilitate development of properties consistent with the land use intensities of the surrounding area (s). Th e amended land use designations are comprised of: a) Connected Neighborhood Low (CNL) that provides a range of low - to moderate-intensity housing choices within a walkable neighborhood setting within a short distance of goods and services with housing type s inclusive of single -family detached and attached dwellings of various sizes - Minimum: >8 DU/AC, Maximum: 14 DU/AC and Maximum FAR: 0.25; b) Connected Neighborhood High (CNH) that provides a broad range of moderate-intensity housing choices within a walkable neighborhood setting within a short distance of goods and services with housing types inclusive of small -lot single-family detached and attached dwellings of various sizes, courtyard apartments and condos, and medium -sized multifamily buildings designed for neighborhood compatibility - Minimum: >14 DU/AC, Maximum: 20 DU/AC and Maximum FAR: 0.25.

Conclusion (s):

The establishment of the two Connected Neighborhood land use designations does not modify the overall intent of this land use designation nor does it result in increased density and intensity through the application of these designations. Rather, these designations are intended to support the overall consistency of the two proposed Connected Neighborhood zoning designations. This amendment is consistent with the overall vision, intent, policies and goals of the adopted General Plan and is in the public interest, safety and welfare.

Amendment D:

Finding (s):

The City Council approved Resolution No. 10227 approving a General Plan Amendment to establish a new land use designation to be known as Desert Estates Transition with a maximum density of three (3) dwelling units per acre. This land use designation established a transition between the Desert Estates Neighborhood (DEN) and Suburban Neighborhood (SN) land use designations. This new land use designation allowed for greater density in portions of the City while still maintaining a lower intensity rural land use pattern appropriate for certain areas of the City previously identified by the General Plan for this pattern. This new land use designation was initially applied to one project development site, but through this General Plan amendment process, additional properties have been identified as appropriate for the receipt of this designation and it will be applied with the adoption of the amended General Plan Land Use Designations Map.

Conclusion (s):

Page 5 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 499 of 970

The City Council has previously established the Desert Estates Transition land use designation in recognition of a technical gap in land u se intensities between the Desert Estates Neighborhood and Suburban Neighborhood land use designations. The application of the Desert Estates Transition land use designation to certain properties on the General Plan Land Use Designations Map will address this technical gap and will not substantively impact the vision, intent, policies and goals of the General Plan 2040, will facilitate the future development of properties with a slight increase in land use intensity that will be consistent with and appropri ate for the land use designations of surrounding properties.

This amendment is in the public interest, safety and welfare.

Amendment E:

Finding (s):

City staff has identified a limited number labeling assignment errors on the prior adopted General Plan Land Use Designation Map. These labeling issues likely resulted from human error in the preparation of the final Land Use Designation Maps. As an example, a commercially used piece of land that was previously identified for the Neighborhood Commercial land use designation was inadvertently with a Suburban Neighborhood land use designation.

Conclusion (s):

The labeling assignment errors are not substantive and do not change the overall vision and intent of the adopted General Plan. The correction of these errors will reduce or eliminate future confusion or land use application issues, will improve the overall usability of the General Plan and are in the public safety, interest and welfare.

The Planning Commission conducted a duly noticed public hearing on July 13, 2022 regarding the General Plan text and map amendments. Following the close of the public he aring and deliberation, the Planning Commission voted unanimously to recommend approval to the City Council of the General Plan text and map amendments.

ATTACHMENTS:

ResolutionNO10322GPATextMapAmendments_Exhibits

APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 11 Aug 2022 Bryan H. Montgomery, City Manager Approved - 11 Aug 2022

Page 6 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 500 of 970

1 RESOLUTION NO. 10322

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT AMENDING CHAPTER 3 (LAND USE AND URBAN DESIGN) OF THE GENERAL PLAN 2040 AND AMENDING THE

GENERAL PLAN LAND USE DESIGNATION MAP

WHEREAS, the General Plan is a policy document required by California state law (Government Code Section 6 5300- 65303.4) that provides a long term, comprehensive, integrated, internally consistent and compatible statement” of goals and policies that reflect local conditions and the community vision; and,

WHEREAS, the City Council adopted the current General Plan 2040 on September 18, 2019 and also certified the Final Environmental Impact Report (FEIR) prepared for the Plan ; and,

WHEREAS, following the adoption of the General Plan, the update of the current zoning regulations was initiated to ensure consiste ncy between the adopted General Plan and said regulations; and,

WHEREAS, during the update of the zoning regulations, the need for amendments to the General Plan map and text was identified by City staff; and,

WHEREAS, these amendments will address required consistency with the proposed zoning code amendments and to address recent changes in State housing laws and are comprised of the modification of the current Suburban Neighborhood land use designation into two (2) new land use designations known as Suburban Neighborhood Low and Suburban Neighborhood High to respond to recent changes in State housing laws; modification of the current Connected Neighborhood land use designation into two (2) new land use designations to respond to recent chang es in State housing laws; incorporation of the Desert Estates Transition land use designation previously established by the City Council fully into the General Plan; re-designation of certain parcels on the General Plan Land Use Designations Map to the aforementioned new land use designations; and modification of the current land use designations on the General Plan Land Use Designations Map for certain properties to address zoning consistency, property ownership and existing land uses; and,

WHEREAS, Section §15183(Projects Consistent with a Community Plan or Zoning) of the California Environmental Quality Act (CEQA) Guidelines, subsection (a) states that additional environmental review is not required for projects “which are consistent with the developm ent density established by existing zoning, community plan, or general plan policies for which an EIR was certified”, except as might be necessary to determine whether there are project-specific significant effects; and,

WHEREAS, CEQA Guidelines Section 15168 (c)(2) specifies that if the agency finds

Page 7 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 501 of 970

2 that pursuant to Section 15162, no subsequent EIR would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental documentation would be required. Whether a later activity is within the scope of a program EIR is a factual question that the lead agency determines based on substantial evidence in the record. Factors that an agency may consider in making the determination include, but are not limited to, consistency of the later activity with the type of allowable land use, planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure as described in the program EIR; and,

WHEREAS, CEQA Guidelines Section 15162 specify the following: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of subst antial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant env ironmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact b e feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from th ose analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative; and,

Otherwise the lead agenc y shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation; and,

Page 8 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 502 of 970

3 Development Director, acting as the lead agency repres entative, determined that these amendments are within the scope of the project covered by the program EIR as the amendments to the General Plan do not substantively change the General Plan's vision, intent, policies and goals and the signage and zoning ame ndments are intended to make these regulations consistent with the General Plan. Therefore, the Community Development Director has determined that no new environmental documentation is required; and,

WHEREAS, the General Plan text and map amendments are applicable to certain real properties in the City and the signage amendments and zoning text and map amendments are applicable citywide, and p ursuant to the provisions of California Government Code Section 65091(4), if the number of owners to whom notice would be mailed or delivered pursuant to this paragraph or paragraph (1) is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one -eighth page in at least one newspape r of general circulation within the local agency in which the proceeding is conducted at least 10 days prior to the hearing. On July 3, 2022, a 1/8 of a page display ad was published in the Desert Sun, a newspaper of general circulation, which is ten (10) days before the scheduled Planning Commission public hearing on July 13, 2022. In addition, an informational postcard regarding the amendments was mailed to all properties of record within the City on July 1, 202 2. Further, a total of five (5) study sessions were held to review the proposed General Plan text and map amendments, the signage amendments and the zoning text and map amendments. These study sessions were held on February 23, 2022, March 9, 2022, April 13, 2022, April 27, 2022 and May 25, 2022; and,

WHEREAS, the Riverside County Airport Land Use Commission conducted a consistency public hearing for the proposed General Plan text and map amendments on June 9, 2022 and found said amendments to be consistent with the Bermuda Dunes Airport Land Use Compatibility Plan; and,

WHEREAS, on July 13, 2022 , the Planning Commission held a duly noticed public hearing to consider the General Plan text and map amendments during which evidence, both written and oral, including the staff report and supporting documents was presented at said hearing. At the conclusion of the public hearing, the Planning Commission adopted a resolution recommending to the City Council the adoption of these amendments; and,

WHEREAS, on August 17, 2022, the City Council held a duly noticed public hearing to consider the General Plan text and map amendments during which evidence, both written and oral, including the staff report and supporting documents was presented at said hearing.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF INDIO, CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES AS FOLLOWS:

Page 9 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 503 of 970

4 Section 2. Based upon the evidence pr esented at the hearing, including the staff report, the City Council hereby finds that the proposed amendments to Chapter 3 (Land Use and Urban Design) of the General Plan 2040 and to the General Plan Land Use Designation Map are consistent with the General Plan as follows:

1. The elements that comprise the City’s General Plan are required by State law to be internally consistent. Together these elements provide the framework for the development of facilities, services, and land uses necessary to address the long-term needs of the City’s current and future residents, property owners, and businesses. To ensure that these needs are clearly addressed throughout the General Plan, the elements must be interrelated and interdependent.

2. The City’s current General Plan was adopted on September 18, 2019, and establishes the community’s vision for Indio through 2040. The 2040 General Plan was developed in response to changing trends and to align goals and policies with the aspirations and values of residents, property owners, businesses, and organizations within the community.

3. Chapter 12 (Implementation) of the adopted General Plan 2040 specifies that the Plan will be implemented over an extended period of time (estimated to be 20 years with a time horizon of 2040). During this time, long-range planning efforts will continue using the goals and policies in the General Plan as a guide. This Chapter further notes that although, the General Plan is a living document, State law allows it to be updated and refined over the coming decades. The General Plan may be amended up to four times per year to accommodate changing conditions. Property owners, the Planning Commission, City Council, or City staff may propose amendments. Proposed changes must be reviewed by the Planning C ommission and the City Council at public hearings and the potential of environmental impacts must be evaluated in accordance with the California Environmental Quality Act.

4. The City Council's adoption and re -adoption of the Housing Element in January 2022 and April 2022 are considered one (1) amendment action for calendar year 2022. The proposed amendments to the General Plan are considered one amendment action and will be the second allowed amendment in the 2022 calendar year. The proposed amendments to th e General Plan are consistent with State law pertaining to the allowed number of General Plan amendments in a calendar year.

5. The adopted General Plan 2040 established density per acre (DU/Acre) and/or Floor Area Ratio provisions for certain residential la nd use designations. These provisions utilized the term "up to" in describing the policy allowances for density and floor area ratio. At the time of the General Plan 2040 adoption, this term was intended to provide flexibility in land use intensities for d evelopment or redevelopment of properties. Subsequent to this adoption, changes in state housing laws specified that local governments must specify minimum and/or maximum densities rather than allow a broad range of densities as is currently specified through the utilization of the "up to" terminology. In order to respond to these changes in state

Page 10 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 504 of 970

5 housing laws, the adopted General Plan should be amended to remove the "up to" term and to specify the allowable density and/or floor area ratio for each relevant land use designation.

6. The adopted General Plan 2040 established the Suburban Neighborhood (SN) land use designation in Chapter 3 (Land Use and Urban Design). At the time of the adoption of the General Plan, this land use designation specified an allowable density of up to eight (8) dwelling units per acre. Through the development of the new implementing zonin g regulations, city staff identified the need to have two implementing zoning districts for the Suburban Neighborhood land use designation to support different land use intensities for this designation in recognition that a single zoning designation would not facilitate development of properties consistent with the land use intensities of the surrounding are a (s).

Concurrently, there is a need to modify this land use designation to align with the two proposed implementing zoning designations. The amended la nd use de signations are comprised of: a ) Suburban Neighborhood Low (SNL ) that provides low-intensity suburban neighborhood development for single -family detached homes on relatively large lots - Maximum: 4 DU/AC; and b) Suburban Neighborhood High (SNH) tha t provides low - to moderate-intensity suburban neighborhood development for single -family detached and attached homes on moderately sized lots - Minimum: >4 DU/AC and Maximum: 8 DU/AC.

The establishment of the two Suburban Neighborhood land use designations does not modify the overall intent of this land use designation nor does it result in increased density and intensity through the application of these designations. Rather, these designations are intended to support the overall consistency of the two pro posed Suburban Neighborhood zoning designations. This amendment is consistent with the overall vision, intent, policies and goals of the adopted General Plan and is in the public interest, safety and welfare.

7. The adopted General Plan 2040 established the Connected Neighborhood (CN) land use designations in Chapter 3 (Land Use and Urban Design). At the time of the adoption of the General Plan, this land use designation specified an allowable density of up to twenty (20) dwelling units per acre. Through the development of the new implementing zoning regulations, city staff identified the need to have two implementing zoning districts for the Suburban Neighborhood land use designation to support different land use intensities for this designation in recognition that a single zoning designation would not facilitate development of properties consistent with the land use intensities of the surrounding area (s).The amended land use designations are comprised of: a) Connected Neighborhood Low (CNL) that provides a range of low - to moderate -intensity housing choices within a walkable neighborhood setting within a short distance of goods and services with housing types inclusive of single -family detached and attached dwellings of various sizes - Minimum: >8 DU/AC, Maximum: 14 DU/AC and Maximum FAR: 0.25; b) Connected Neighborhood High (CNH) that provides a broad range of moderate -intensity housing choices within a walkable neighborhood setting within a short distance of goods and services with housing types

Page 11 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 505 of 970

6 inclusive o f small -lot single -family detached and attached dwellings of various sizes, courtyard apartments and condos, and medium -sized multifamily buildings designed for neighborhood comp atibility - Minimum: >14 DU/AC, Maximum: 20 DU/AC and Maximum FAR: 0.25. The establishment of the two Connected Neighborhood land use designations does not modify the overall intent of this land use designation nor does it result in increased density and intensity through the application of these designations. Rather, these designations are intended to support the overall consistency of the two proposed Connected Neighborhood zoning designations. This amendment is consistent with the overall vision, intent, policies and goals of the adopted General Plan and is in the public interest, safety and welfare.

8. The City Council approved Resolution No. 10227 approving a General Plan Amendment to establish a new land use designation to be known as Desert Estates Transition with a maximum density of three (3) dwelling units per acre. This land use designation established a transition between the Desert Estates Neighborhood (DEN) and Suburban Neighborhood (SN) land use designations. This new land use designation allowed for greater density in portions of the City while still maintaining a lower intensity rural land use pattern appropriate for certain areas of the City previously identified by the General Plan for this pattern. This new land use designation was initially applied to one project development site, but through this General Plan amendment process, additional properties have been identified as appropriate for the receipt of this designation and it will be applied with the adoption of the amended General Plan Land Use Designations Map. The City Council has previously established the Desert Estates Transition land use designation in recognition of a technical gap in land use intensities between the Desert Estates Neighborhood and Suburban Neighborhood land use designations. The application of the Desert Estates Transition land use designation to certain properties on the General Plan Land Use Designations Map will address this technical gap and will not substantively impact the vision, intent, policies and goals of the General Plan 2040, will facilitate the future development of prope rties with a slight increase in land use intensity that will be consistent with and appropriate for the land use designations of surrounding properties. This amendment is in the publi c interest, safety and welfare.

9. City staff has identified a limited num ber of labeling assignment errors on the prior adopted General Plan Land Use Designation Map. These labeling issues likely resulted from human error in the preparation of the final Land Use Designation Maps. As an example, a commercially used piece of land that was previously identified for the Neighborhood Commercial land use designation was inadvertently with a Suburban Neighborhood land use designation. The labeling assignment errors are not substantive and do not change the overall vision and intent of the adopted General Plan. The correction of these errors will reduce or eliminate future confusion or land use application issues, will improve the overall usability of the General Plan and are in the public safety, interest and welfare.

10. The Riverside County Airport Land Use Commission conducted a consistency public hearing for the proposed text and map amendments on June 9, 2022 and at the conclusion of said

Page 12 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 506 of 970

7 hearing voted in favor of finding the proposed amendments to the General Plan 20 40 text and map consistent with the Bermuda Dunes Airport Land Use Compatibility Plan.

Section 3. Based on the foregoing, the City Council approves the amendments to Chapter 3 (Land Use and Urban Design) of the General Plan 2040 specified hereto in Exhibit “A” of this Resolution and the amendments to the General Plan Land Use Designation Map specified hereto in Exhibit “B” of this Resolution.

Section 4. This Resolution shall become effective immediately upon its adoption.

Section 5. The City Clerk shall certify to the passage, approval, and adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 17th day of August 2022.

WAYMOND FERMON, MAYOR

ATTEST:

________________________________

CYNTHIA HERNANDEZ, CMC

CITY CLERK

Page 13 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 507 of 970 EXHIBIT “A”

Page 14 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 508 of 970

Page 15 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 509 of 970

chapter three

LAND USE AND
URBAN DESIGN
This Element provides the long‐term vision, goals,
and policies for land use, development, and urban
design in Indio over the next 20 to 25 years. Land
use is a required element, and topics covered
include land use designations, enhancement of
the Downtown and Midtown areas, preservation
of existing neighborhood character, development
of new growth areas, and mixed‐use corridor
revitalization.

This Element also includes an extensive treatment
of community urban design. While not required by
statute, it is one of the central components of this
General Plan since understanding characteristics
of the built environment – the location and design
of our homes, stores, parks, offices and the way
that we interact with these various places in the
public realm – is vital to strengthening quality of
life. Setting the appropriate design parameters for
future change and redevelopment is critical to
realizing the community’s vision.

Building on citywide goals and policies, the
Element also provides goals and policies for each
of the City’s unique neighborhoods, districts, and
commercial corridors, delineating strategies for
the desired uses, character, and form for each
area.

The land use element shall include a statement of
the standards of population density and building
intensity recommended for the various districts
and other territory covered by the plan.”
The required land use element has the broadest
scope of the required elements of a general plan,
regulating how all land in a city is to be used in the
future. To fully reflect the range of physical
attributes that are important for Indio’s success,
this chapter also contains goals and policies to guide urban form and design.

Page 16 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 510 of 970 INDIO GENERAL PLAN | CHAPTER 3. LAND USE AND URBAN DESIGN 3‐2

Key Considerations and Strategies
While a clear vision of Indio’s future is the starting point and the target for the General Plan, the City’s vision for the future will only be realized by ensuring that each new private development and each new public improvement builds towards that future. The following strategies shall guide public and private actions and investments to achieve the vision, and are reflected in the General Plan Place Types, neighborhood subarea descriptions, and policy framework.

Infill First
+ Make it Happen: Focus on target subareas, such as Downtown and Midtown, reinvesting in and connecting existing neighborhoods, while limiting the expansion of the City’s development footprint. + Let it Happen: Allow the 42nd Street corridor to happen, ensuring the result is a connected, complete place with housing and commercial uses organized into a walkable, transit‐supportive pattern of neighborhoods and centers.
+ Let it Wait: Delay annexation and development in the Northern and Eastern Sphere of Influence subareas at least until existing large neighborhood infill areas are substantially built. Allowing development in these subareas will reduce market support for infill neighborhoods, result in adverse environmental and public impacts, and strain limited financial resources for construction and maintenance of infrastructure and provision of municipal services to a disconnected patchwork development pattern.

Plan and Build Places
+ Active: Integrate a range of housing types, amenities, and uses within compact, walkable neighborhoods. New uses and activities will be co‐located in centers to encourage social gathering and interaction and to reduce vehicle miles traveled.
+ Comfortable: Reinforce human comfort in new and existing neighborhoods by making and sustaining safe, clean, and accessible places for all of Indio’s residents. + Accessible: Ensure convenient transportation connections, including roadways, sidewalks, trails, and efficient transit that provide safe and comfortable access by all travel modes. + Building Facades: Improve building facades and frontages with uniform elements of building design to create visual appeal and attractive business corridors and neighborhoods.

Connect at All Scales
+ Buildings to the Street: Orient housing, retail shops, offices, and civic buildings to their adjacent streets so that streets are safe, pleasant, and provide useful linkages and spaces for daily trips by all modes.
+ Neighborhoods to the Amenities: Connect new and existing neighborhoods to adjoining neighborhoods, parks, schools, and retail shops through high‐quality streets and pathways designed to facilitate walking and biking.
+ Neighborhoods to Centers and the Rest of the City: Provide route choices for pedestrians, bicyclists, and motorists to Downtown, Midtown, and other key centers, avoiding overloading major streets with traffic and providing mobility choice to all residents. Mobility choice is particularly critical for the very old, very young, and very poor who have reduced access to automobiles.

Page 17 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 511 of 970 INDIO GENERAL PLAN | CHAPTER 3. LAND USE AND URBAN DESIGN 3‐3

Generate Habitable, Human‐Scaled Public Realm
+ Front Yards: Focus on front yards, which along with the streets they face form the “outdoor rooms” of the City in which residents live, shop, and play.
+ Parks and Open Spaces: Form an integrated open space network that unifies the City, weaving together neighborhoods, centers and employment districts. Design neighborhood parks and other special public spaces to enhance the value and pride of the neighborhoods around them. + Safe: Orient buildings towards public spaces to provide “eyes on the street” to create welcoming and safe places for Indio residents.

Focus on Specific Areas
+ Focus as Strategy: From the original small town around the Downtown, Indio has grown rapidly in patchwork pattern over the past 50 years. Realizing the new General Plan’s vision for better connecting those pieces and infilling the gaps will require many decades of work. Only through focusing finite resources of staff time and resources and City and developer capital on high‐priority areas will residents enjoy the benefits of significant, tangible improvement within the next 10 to 20 years.
+ Downtown and Midtown: Focus on Indio’s historic Downtown and surrounding neighborhoods, major opportunity sites along Highway 111, and the County Fairgrounds. Collectively, these areas represent an enormous opportunity to realize many of the goals of this Plan, and to anchor civic and economic activity for the benefit of all residents.
+ Entertainment District: Build on the success of Indio’s festivals and special events, which draw the world’s attention and investment, to support collateral development and improvements in Indio is a top priority.
+ 42nd Street corridor: Establish a pattern of connected neighborhoods, centers, and employment districts along both sides of Avenue 42 to leverage the economic and fiscal value of that area for future generations.

Miles Avenue, Coachella Valley History Museum Downtown Indio

Page 18 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 512 of 970 INDIO GENERAL PLAN | CHAPTER 3. LAND USE AND URBAN DESIGN 3‐4

Context
Land Use
Table 3‐1 describes the amount and current distribution of land uses in the City of Indio. Approximately one‐quarter of the total City developed land area is occupied by residential uses, the majority of which is single‐family housing. The next largest land use category is transportation, communication, and utility at one‐quarter of the total developed land area of the City. This is followed by agricultural uses, which equates to 17 percent of the land area.

Public lands account for approximately 20 percent of the total developed land area of the City. This includes institutional and public facilities, and parks, open spaces, and recreation. Retail, office, industrial and lodging uses account for 12 percent of the total developed land area of the City.

The planning area does not contain any land suitable for timber production and does not contain any parcels of real property zoned for timberland production pursuant to the California Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Government Code Section 51100) of Part 1 of Division 1 of Title 5).

Table 3‐1: Existing Land Uses

Land Use Acreage Percent of
Planning Area
Percent of
Developed Area
Rural Residential 472 1% 2%
Single‐Family Residential 3,913 10% 21%
Multi‐Family Residential 220 < 1% 1%
Mobile Home Parks 450 1% 2%
Commercial 1,029 3% 5%
Office 204 < 1% 1%
Industrial 958 3% 5%
Public Facilities 615 2% 3%
Transportation/Communication/Utilities 4,954 13% 26% Open Space/Recreation/Horse Facilities 1,926 5% 10%
Agriculture 3,203 8% 17%
Water 98 < 1% 1%
Vacant 20,145 52% N/A
Under Construction 887 2% 5%
Total 39,074 100% 100%
Typical residential neighborhood in
Indio

Page 19 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 513 of 970 INDIO GENERAL PLAN | CHAPTER 3. LAND USE AND URBAN DESIGN 3‐5

Urban Form and Pattern
Indio has an urban pattern that includes established residential areas and commercial corridors in the historic part of the City and suburban housing and commercial uses along the edge of the City.

The City’s core residential neighborhoods are built at moderate densities with consistent setbacks in small blocks with a well‐connected street network. New subdivisions have a more suburban building layout, with larger yards and less regular building placement within large blocks with more fragmented street network. Most of the City’s commercial districts, such as Highway 111, Monroe and Jackson Street, are developed in a strip commercial development style; however, Miles Avenue has a more traditional main street commercial‐style. There are large building footprints in the City scattered throughout, and the hotels/big box retail around the intersection of Jackson Street and I‐10, among others.

Different patterns also emerge at the block level. Small, walkable blocks less than 2 acres in size dominate the older, central areas of the historic City. Moderate blocks of 5 to 25 acres are most common in the suburban expansions along the edge of the city core. Superblocks larger than 50 acres are found in the northern part of the City. There are numerous, very large, undeveloped areas scattered throughout the City. These large undeveloped areas can be a potential asset, as it allows coordinated development adjacent to existing development with a unified vision.

Gateways
Gateways are identified entrance points into the City that are (or could be) enhanced with unique design features, such as monuments, gateway markers, art, or signage. Currently there are nine primary gateways into the City and eight secondary gateways. The majority of gateways, whether primary or secondary, do not include gateway elements. These gateways are mapped on Figure 3.1.

Primary Gateways
• Jackson Street, north of I‐10: This primary gateway is largely undeveloped. Currently there is no signage at this intersection.
• Jefferson Street, south of I‐10: This primary gateway is largely undeveloped. Currently there is no signage at this intersection.
• Jefferson Street at Fred Warring Drive: This western gateway is a mixed commercial, residential, and undeveloped intersection. There are no gateway elements provided at the intersection. • Jefferson Street at Highway 111: This western gateway is under construction. It is largely a commercial intersection.
• Avenue 48 at Indio Boulevard: This eastern gateway is largely a commercial and undeveloped intersection. There are no gateway elements provided at the intersection. • Avenue 44 and Golf Center Parkway: This northeast gateway is mostly undeveloped. There are no gateway elements provided at the intersection.
• Avenue 42 and Jackson Street: This is largely a commercial intersection with no gateway elements.

There are no gateway elements provided at the intersection. • Avenue 42 and Monroe Street: This northeast gateway is mostly undeveloped. There are no gateway elements provided at the intersection.

Page 20 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 514 of 970 INDIO GENERAL PLAN | CHAPTER 3. LAND USE AND URBAN DESIGN 3‐6

Figure 3‐1: Gateways

Source: Riverside County/LAFCO (City Boundary,2012; SOI,2012) Riverside County/TLMA (Roads;Railroads;Highways) Riverside County (River) The information on this map was derived from various digital databases, sourced above. Care was taken in the creation of this map but it is provided “as is” PDC cannot accept any responsibility for any errors, omissions, or positional accuracy, and therefore, there are no warranties which accom‐ pany this product. Users are cautioned to field verify their information on this product before making any decisions.

Page 21 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 515 of 970 INDIO GENERAL PLAN | CHAPTER 3. LAND USE AND URBAN DESIGN 3‐7

Secondary Gateways
• Oasis Street and Highway 111. This central gateway is a commercial intersection. This is a key entrance to Downtown Indio. There are no gateway elements provided at the intersection. • Arabia Street and Indio Boulevard. This is an entrance into Downtown Indio. The gateway has a mix of commercial and park uses. There are no gateway elements provided at the intersection. • Dune Palms Drive at Miles Avenue: This secondary, western gateway is largely a residential intersection. There are no gateway elements provided at the intersection. • Jefferson Street at Avenue 48: This western gateway is largely a residential intersection. There are no gateway elements provided at the intersection.
• Jefferson Street at Avenue 50: This western gateway is a mixed commercial, residential, and undeveloped intersection. There are no gateway elements provided at the intersection. • Madison Street at Avenue 52. This gateway is a mixed residential and undeveloped intersection.

There are no gateway elements provided at the intersection. • Monroe Street at Avenue 52. This gateway is largely undeveloped. Currently there is no signage at this intersection.
• Jackson Street at Avenue 52. This gateway is largely a commercial and undeveloped intersection.

There are no gateway elements provided at the intersection.

Sample Gateway elements

Page 22 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 516 of 970 INDIO GENERAL PLAN | CHAPTER 3. LAND USE AND URBAN DESIGN 3‐8

Bermuda Dunes Airport
The Bermuda Dunes Airport is a privately‐owned, public‐use general aviation airport located along the central, western edge of Indio. It is an operational facility currently used by businesses, charters, medical, and other private and recreational entities. The airport services approximately 11,500 flights each year, with seasonal peak periods. As a consequence of the airport, certain restrictions apply to new projects within its Airport Influence Area as identified in the adopted Riverside County Airport Land Use Compatibility Plan (ALUCP) for Bermuda Dunes Airport. Specifically, there are limits on the maximum structure height, use restrictions, and mitigation and other treatments for new development built within the compatibility zones identified in the ALUCP. Figure 3‐2 illustrates the compatibility zones and Figure 11‐2 shows the noise contours.

Bermuda Dunes Airport

Page 23 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 517 of 970 INDIO GENERAL PLAN | CHAPTER 3. LAND USE AND URBAN DESIGN 3‐9

Figure 3‐2: Bermuda Dunes Airport Compatibility Map

Page 24 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 518 of 970 INDIO GENERAL PLAN | CHAPTER 3. LAND USE AND URBAN DESIGN 3‐10

Areas of Change
The General Plan Place Types Map (Figure 3‐4) identifies the future intended use of land on every parcel in the City. Equally important is to identify the locations where growth and development is expected (or desired) to occur and locations that should be protected from future development. These characterizations allow the public and decision‐makers to have a common understanding of where change will occur, the vision for change in each area, and the overall level of intensity. Equally important, this map signals to the community that certain areas are to be protected from new development and land use changes.

Figure 3‐3 indicates the location and degree of change for key areas within the City. These change areas were defined by consolidating existing plans for each neighborhood, analyzing existing conditions, opportunities, and trends, and facilitating discussions with stakeholders and the community. These also indicate the priority level for each area of change. Definitions of the three categories are as follows:
+ Preserve, Minor Change: Areas of the City where the general character of the area will remain the same but improvement is desired in limited ways. This includes but is not limited to improvements to the public realm, the addition of a second story to a single‐story home or the addition of community facilities or neighborhood‐serving retail uses that are desired but currently absent. The majority of the residential areas and some of the commercial areas are classified as preserve and enhance. + Enhance, Moderate Change: Areas of the City where change is desired over the time horizon of the General Plan and where change will happen gradually over the entire horizon of the General Plan and beyond. These areas are expected to see moderate development over time and the area may, after 15 to 20 years, look very different than it does today. + Transformation, Major Change: Areas where the community wants to actively facilitate significant change in the short to middle term. These areas may look very different in a short period of time and these are areas where the City of Indio may want to prioritize staff and financial resources or actively encourage new private development.

Area of transformation; Indio Fashion Mall in the Midtown Area

Page 25 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 519 of 970 INDIO GENERAL PLAN | CHAPTER 3. LAND USE AND URBAN DESIGN 3‐11

Figure 3‐3 Degree of Change

Page 26 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 520 of 970 INDIO GENERAL PLAN | CHAPTER 3. LAND USE AND URBAN DESIGN 3‐12

General Plan Designations
The General Plan sets forth land use designations called place types that indicate the purpose and intended use for each parcel within the City. These place types are developed to provide clear, yet flexible, structure that adapts to changing economic conditions and community vision.

The land use place types are organized into three broad categories: neighborhoods, centers, and district.

Each place type may contain a mix of uses, including residential, commercial, industrial, and public uses, at a variety of scales and intensities. Given Indio’s place‐making goals and the community’s interest in shaping the form and character of their City, each place type provides direction on use, intensity/density, form, and character. Citywide goals and policies are organized by broad categories of place types (neighborhoods, centers, and districts).
+ Neighborhoods are the basic building block of all great cities and this General Plan identifies a range of neighborhood types for Indio. Neighborhoods include a balanced mix of activity that includes a variety of dwellings, small shops and workplaces, civic buildings, and parks. The vision of the Plan is to create complete, compact, and connected neighborhoods that provide a high quality of life for residents. Future Indio neighborhoods should mix a variety of residential types, parks, schools, and neighborhood centers within a walkable network of streets. The public spaces should be safe, attractive, accessible, and comfortable places to live and play. The General Plan includes several types of residential neighborhoods including Desert Estates, Desert Estates Transition, Suburban Neighborhood Low and High, Connected Neighborhood Low and High, and Mixed Use Neighborhood, and Connected Neighborhood. Resorts may be incorporated into any neighborhood type.
+ Centers are concentrations of neighborhood‐serving commercial uses, medium‐ and higher‐density housing, and employment uses in a walkable urban environment. Centers bring goods, services, amenities, arts and culture, and civic activities within a short distance of residents. Centers are scaled for compatibility with nearby neighborhoods. They can be larger or smaller, more or less intense depending on the location in the City and the adjacent neighborhoods. Several types of centers are defined, including Downtown, Midtown, and Neighborhood Centers. + Districts are areas with larger concentrations of non‐residential uses, typically dominated by a single activity. They include regional shopping centers, auto dealership centers and other auto service uses, larger manufacturing uses (excluding small office and maker / Research & Development uses).

Districts play an important role in Indio since they provide jobs and economic development opportunities. By their intensity and single‐use focus, districts are more automobile‐oriented than neighborhoods and centers. Districts can abut neighborhoods but great care must be taken in designing the connections and transitions between them. Several types of districts are defined, including the Workp Place and Employment, Festival, and Regional Commercial.

The proposed Indio place types differ from traditional land use designations in that each specifies additional guidance related to development form and character. These designations include allowable uses and building density but also address building placement on a lot, parking location and access, building frontage, and streetscape design. This refinement is consistent with the community’s desire to provide more specific guidance on the intended future character of the City, and allows the City to establish zoning designations that similarly communicate form and character.

Page 27 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 521 of 970 INDIO GENERAL PLAN | CHAPTER 3. LAND USE AND URBAN DESIGN 3‐13

Figure 3‐4: General Plan Place Types

Avenue 38
Avenue 40
10 Avenue 42
Avenue 42
10 Fred Waring Dr.

Avenue 44
Avenue 44
10 Miles Ave.

Avenue 45
Requa Ave.

Avenue 46
111
111
Dr. Carreon Blvd.

Avenue 48
Avenue 49
Avenue 50
Avenue 52

Page 28 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 522 of 970 INDIO GENERAL PLAN | CHAPTER 3. LAND USE AND URBAN DESIGN 3‐14

Page 29 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 523 of 970 INDIO GENERAL PLAN | CHAPTER 3. LAND USE AND URBAN DESIGN 3‐15

Understanding Density
State law requires that General Plan land use designations provide a measurement of the maximum development intensity allowed within each designation. The three generally accepted metrics are dwelling units per acre, floor area ratio, and persons per square mile. It is important to note that density is only loosely related to urban form and character.

DU/AC – Dwelling Units per Acre
The term density is used for residential uses and refers to the population and development capacity of residential land. Density within the General Plan is described in terms of dwelling units per gross acre of land (du/ac), including existing and proposed streets and rights‐of‐way.

It should be noted that du/ac is not always
a useful predictor of neighborhood design
character or population density. While in areas
of single‐family detached homes, du/ac does
establish how many homes ‐ and presumably
how many families – will be present in each
acre, in areas of mixed‐use or multi‐family
development it is much less helpful. For
FAR – Floor Area Ratio
Development intensity, which applies to
nonresidential and mixed uses, refers to the
extent of development on a parcel of land or
lot. Floor area ratio is used in the General Plan
as a measure of non‐residential or mixed‐use
development intensity.

Floor area ratio (FAR) expresses the intensity of
use on the lot (see Figure to the right). The FAR
represents the ratio between the total gross
floor area of all buildings on a lot and the total
land area of that lot. For example, a 20,000
square foot building on a 40,000 square foot lot
yields a FAR of 0.5. A 0.5 FAR describes a single‐story building that covers half of the lot, a two‐ story building covering approximately one‐quarter of the lot, or a four‐story building covering one‐eighth of the lot. This makes FAR a useful tool for measuring environmental impacts but not a useful tool for regulating urban form or neighborhood design character.

Persons/sq. mi – Inhabitants per Square Mile
A simplistic estimate of the number of total inhabitants in a square mile of a given land use designation, derived from known averages of building type occupancies.

Page 30 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 524 of 970 INDIO GENERAL PLAN | CHAPTER 3. LAND USE AND URBAN DESIGN 3‐16

Table 3‐2: General Plan Place Types
Major
Classes

Place Type and Intent Max. Gross
Density/FAR*
Zoning
Correlatio
n

NEIGHBORHOODS
Desert Estates (DE). Conserves natural features while providing the lowest intensity residential neighborhood development.

DU/ACMaximum: Up to
1 DU/AC
EE, CEIR,
CET, CE
Desert Estates Transitional Neighborhood (DETTN). Provides a transition bridge between the lowest intensity rural densities of Desert residential areas of the cityEstates and the more formal urban Suburban Neighborhoods for single family detached.

Maximum: 3 DU/AC EE, CEIR
Suburban Neighborhood Low (SNL). Provides low‐intensity suburban neighborhood development for single‐family detached homes on relatively large lots.

Maximum: 4 DU/AC EE, CEIR,
CET, CE, RL,
RLCI
Suburban Neighborhoods High (SNH). Provides low‐ to moderate‐intensity suburban neighborhood development for single‐family, detached and attached homes on moderately‐ sized lots..

Minimum: Up >4 DU/AC
Maximum:to 8 DU/AC
EE, CEIR,
CET, CE, RL,
RM
Connected Neighborhood Low (CNL). Provides a broad range of low‐ to moderate‐intensity housing choices within a walkable neighborhood setting within a short distance of goods and services.

Housing types include single‐family detached and attached dwellings of various sizes., courtyard apartments and condos, and medium‐sized multifamily buildings designed for neighborhood compatibility.

DU/ACMinimum: Up
to>8 DU/AC 20
Maximum: 14 DU/AC
FAR: up toMaximum
FAR: 0.25
RLCI, RM,
CE, RM, RH,
P
Connected Neighborhood High (CNH). Provides a broad range of moderate‐intensity housing choices within a walkable neighborhood setting within a short distance of goods and services. Housing types include small‐lot single‐family detached and attached dwellings of various sizes, courtyard apartments and condos, and medium‐sized multifamily buildings designed for neighborhood compatibility.

Minimum: >14 DU/AC
Maximum: 20 DU/AC
Maximum FAR: 0.25
RM, CE, RM,
RH, P
Mixed Use Neighborhood (MUN). Provides moderate‐ to higher‐ intensity neighborhood development that features a variety of multifamily housing choices and commercial uses along major streets.

Maximum: DU/AC: Up
to 40 DU/AC
Maximum FAR: up to

0.5 RH, NC, CC, P

CENTERS
Downtown (DT). Supports lively, thriving Downtown area by accommodating multi‐story, mixed‐use buildings at higher intensities. Provides for vertical and horizontal mixed‐use development.

DU/AC: Up
toMaximum: 60 DU/AC
Maximum FAR: Up to

2.0 DC, P, RH
Midtown (MT). Provides for an active, mixed‐use center in Midtown by allowing multi‐story, mixed‐use buildings at higher intensities, community gathering spaces, and land uses to support residents and visitors. Provides for vertical and horizontal mixed‐use development.

DU/ACMaximum: Up
to 40 DU/AC
Maximum FAR: Up to

1.0 NC, CC, RH, P
Neighborhood Center (NC). Provides for areas with a variety of neighborhood‐serving retail and commercial uses, housing of various types, other neighborhood‐serving amenities, and community‐gathering spaces for residents.

DU/AC: 10
toMaximum: 20
DU/AC
NC, CC, RH, P

Page 31 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 525 of 970 INDIO GENERAL PLAN | CHAPTER 3. LAND USE AND URBAN DESIGN 3‐17

Major
Classes

Place Type and Intent Max. Gross
Density/FAR*
Zoning
Correlatio
n
Maximum FAR: Up to

0.5 DISTRICTS
Workplace and Employment District (WEP). Provides an area for a wide variety of employment‐generating activity, including office, industrial and light manufacturing, research and development, and supportive commercial.

Maximum FAR: Up 1.0
FAR
CO, BP, IP, M,
NC
Festival District (FD). Reserves areas for outdoor festivals, events, sporting activities and related activities.

Maximum FAR: Up to 0.5
FAR
NC, MMFOZ
Regional Commercial (RC). Provides large‐format retail
development along with associated restaurant and commercial service activity.

Minimum FAR: 0.35 to
Maximum FAR: 1.0
RC, CC
Resource Recovery (RR). Applies to land where recovery and/or reclamation activities are primary land uses. Future uses in the area designation will require the approval of a Conditional Use Permit (CUP) and mining and reclamation plan.

Determined on a case‐
by‐case basis
RR

PUBLIC AND

INSTITUTIONAL
Public and Institutional (PI). Reserves areas for public, educational, and institutional uses.

Maximum FAR: Up to 0.5
FAR
P
Parks and Open Space (OS). Provides public and private space for recreational uses, including open space, and golf course greens.

DU/AC: Up toMaximum:

0.05 DU/AC
Maximum FAR: Up to

0.01 FAR
P, OS
Resource Management and Open Space Overlay (R‐OS).

Provides an overlay for areas consistent with the Coachella Valley Multi‐Species Habitat Management Plan, passive recreation, trails/paths, restoration, eco‐ tourism, and environmental educational activities.

Consistent
with CVMSHMP
P, OS, RR
*Densities, intensities, and prohibited uses shall be consistent with criteria of the Bermuda Dunes Airport Compatibility Plan, including applicable Countywide criteria as may exist at the time of project review. If the project is located in the Bermuda Dunes Airport Influence Areas, compatibility zones apply. Please see Riverside County Airport Land Use Commission Staff (www.rcaluc.org) and Indio Planning Staff for the most up‐to‐date regulations.

Page 32 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 526 of 970 INDIO GENERAL PLAN | CHAPTER 3. LAND USE AND URBAN DESIGN

NEIGHBORHOOD
3‐18

Desert Estates
Conserves natural features while providing the lowest intensity and amount of residential neighborhood development.

Allowed Land Uses
+ Primary: Single‐family residential, agriculture, parks and recreation
+ Secondary: Hospitality, recreational

Allowed Development Intensities
+ DU/AC: Up to 1.0 (maximum)
+ Commercial FAR: N/A
Streetscape
Streetscapes are natural, with primarily curbless and gutterless shoulders defined by informal tree arrangements, natural street edges, and drainage swales or ditches. Street alignments are relatively informal, typically following the natural topography to minimize grading disturbance of the natural environment. The typical vehicular design speed is 25 mph.

Connectivity
Block sizes are typically large, up to 2,000 feet in perimeter. Some block edges may be defined by trails or multi‐use paths. Some dead dead‐end roads may be warranted to preserve existing topography and/or natural environment.

Open Space
Open space is provided primarily through the preservation and integration of natural features and open space into the neighborhood design. Primary General Plan park types may include nature / open space, greenways, and trails.

Building Form and Character
In general, limited portions of sites are developed with groupings of single‐family houses organized around natural areas. Buildings are set back significantly from the natural street edge to provide very‐large front yards with porches or terraces. Structures are clustered together to leave most of the natural area undisturbed. Buildings are generally limited to one‐ and two‐stories in height.

Page 33 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 527 of 970 INDIO GENERAL PLAN | CHAPTER 3. LAND USE AND URBAN DESIGN

NEIGHBORHOOD
3‐19

Transitional Neighborhood Desert Estates Transition
Provides a transition bridge and buffer between the lowest intensity rural atmosphere of the Desert Estates, and the more formal Suburban Neighborhoods.

Allowed Land Uses
+ Primary: Single‐family residential, agriculture, parks and recreation
+ Secondary: Hospitality, recreational

Allowed Development Intensities
+ DU/AC: Up to 3.0 (maximum)
+ Commercial FAR: N/A
Streetscape
Streetscapes are may be rural in nature (curbless and gutterless shoulders) or simple, with rolled curbs and sidewalks and trails that facilitate internal connectivity. Street alignments may follow a grid or modified grid street network, or the layout may be relatively informal orare curvilinear, with adjacent open spaces. The vehicular design speed is 25 mph.

Connectivity
Streets are internally oriented are interconnected to create a comfortable neighborhood feel. Block sizes are typically large, up to 2,000 feet in perimeter. Some block edges may be defined by trails or multi‐use paths. Blocks are pedestrian‐ oriented andmay include sidewalks and pathways to connect residents to parks, open space, and community amenities. Streets are interconnected to create a comfortable neighborhood feel.

Open Space
Open space is provided through the preservation and integration of natural features and open space into the neighborhood design, and/or internally oriented and provided nNeighborhood parks., community swimming pools, passive parks and dog parks are provided within the neighborhood, without having to access collector or larger roadways. Parks are integral to the community.

Building Form and Character
Structures may be clustered together to leave natural areas undisturbed. Variety in lot size and product type is encouraged, as is density averaging. Buildings are set back significantly from the natural street edge to provide large front yards with porches or terraces. Back yards are large enough for private pools and other private open space for each household. Buildings are generally limited to one and two stories in height.

Homes should be primarily one‐story, with second story pop ups over no more than 50% of the ground

Page 34 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 528 of 970 INDIO GENERAL PLAN | CHAPTER 3. LAND USE AND URBAN DESIGN

NEIGHBORHOOD
3‐20

floor area.

Page 35 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 529 of 970 INDIO GENERAL PLAN | CHAPTER 3. LAND USE AND URBAN DESIGN

NEIGHBORHOOD
3‐21

Suburban Neighborhood Low
Provides low‐intensity suburban neighborhood development that features a limited variety of housing choices. Uses are primarily single‐family detached houses organized on relatively large lots along walkable streetscapes with commercial/retail activity nearby.

Allowed Land Uses
+ Primary: Single‐family detached residential, parks and recreation
+ Secondary: Public facilities, resort

Allowed Development Intensities
+ DU/AC: Up to 4 (maximum)
+ Commercial FAR: N/A
Streetscape
Streets are landscaped with formal or informal street tree patterns and sidewalks on at least one side. The typical vehicular design speed is 25 mph.

Connectivity
Blocks may be large, up to ½ mile in perimeter. They are defined by streets, but blocks should provide pedestrian paseos or paths reducing the effective pedestrian perimeter to no more than 2,000 feet. Street intersection density should be at least 140 intersections per square mile.

Open Space
Much of the neighborhood open space is provided by the generous streetscapes and landscaped front yards. Suburban neighborhoods also have neighborhood parks, linear parks, greenways, trails, and other park types. Landscape patterns may be naturalistic or formal.

Building Form and Character
Buildings are set back from the street to provide moderate to large front yards. Buildings are primarily one‐ and two‐story single‐family detached houses.

Page 36 of 86 ends

AGENDA ITEM #10.5
Resolution No. 10322 approving a General Plan amendment amending Chapter... Page 530 of 970 INDIO GENERAL PLAN | CHAPTER 3. LAND USE AND URBAN DESIGN

NEIGHBORHOOD
3‐22

Suburban Neighborhood High
Provides low intensity neighborhood development that features a limited variety of housing choices. Uses are primarily single‐family detached and attached houses on smaller lots with small low intensity multi‐ family dwelling groupings organized along walkable streetscapes with commercial/retail activity nearby.

Allowed Land Uses
+ Primary: Single‐family detached and attached
residential, multi‐family residential,
parks and recreation
+ Secondary: Public facilities, resort

Allowed Development Intensities
+ DU/AC: >4Up to 8
+ Commercial FAR: N/A
Streetscape
Streets are landscaped with formal or informal street tree patterns and sidewalks on at least one side. The typical vehicular design speed is 25 mph.

Building Form and Character
Buildings are set back from the street to provide moderate to large front yards. Buildings are primarily one‐ and two‐story single‐family houses. Single‐family attached and small multifamily housing – with a scale and character compatible with nearby single‐family homes – may be integrated with single‐family detached housing.

Page 37 of 86 ends

Indio City CouncilAugust 17, 2022

Indio City Council
August 17, 2022