Agenda — Indio City Council, July 19, 2023 (part 8 of 8)

AGENDA ITEM #11.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 855 of 968 1 RESOLUTION NO. 10377

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

ESTABLISHING STANDARDIZED QUIMBY ACT PARKLAND ACQUISITION IN-LIEU

FEES AND DETERMINING THIS ACTION IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061(B)(3) OF TITLE 14 OF THE CALIFORNIA

CODE OF REGULATIONS

WHEREAS, California Government Code Section 66477 also known as the Quimby Act authorizes municipalities to impose a requirement on residential subdivisions including parcel maps the dedication of land for parks the payment of fees in lieu of parkland dedication; and,
WHEREAS, Ordinance No. 1325 passed on November 6, 2002 by the City Council established Sections 156.130 through 140 of the Indio Municipal Code entitled “Park and Recreation Land Dedication and Fees”
; and,

WHEREAS, Section 156.130- 140 of the Indio Municipal Code require that the calculation of Quimby Act parkland acquisition in lieu of fees be based on the fair market value of land within a subdivision and as a result o f said requirement, these fees are calculated on a case-by-case basis depending on the fair market value of the land being subdivided at the time a project is approved; and,

WHEREAS, pursuant to applicable provisions of Section 156.130-140 of the Indio Municipal Code, the formula to determine the Quimby Act parkland acquisition in lieu of fees is the number of dwelling units x population per dwelling unit by development type (occupancy factor) x .003 acres per capita x market value of land per acre x 75 percent cost recovery level; and,

WHEREAS, based on the provisions of Section 156.130-140 of the Indio Municipal Code, applicants that pay the Quimby Act parkland acquisition in lieu of fees must submit to the City a fair market value appraisal report prepared by a qualified individual or firm to be utilized in the calculation of the fees; and,
WHEREAS, other municipalities in the State of California have adopted a schedule of standardized Quimby Act parkland acquisiti on in lieu of fees based on an estimated average cost per acre for parkland in the City; and,

WHEREAS, on November 17, 2021, the City Council approved Resolution No. 10242 adopting the Development Impact Fee Study dated October 15, 2021 and adopting amended development impact fees; and,

WHEREAS, Chapter 3 (Park Land and Improvements) of the October 15, 2021 Development Impact Fee Study and more specifically Table 3.4 establishes standardized Quimby Act parkland acquisition in lieu fees per dwelling unit for residential subdivisions based on the cost per capita specified in Table 3.3 of the Study and the population per dwelling unit from Table 2.1 of the Study; and,

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AGENDA ITEM #11.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 856 of 968 2 WHEREAS, California Government Code Section 66017 (a) specifies that any action adopting a fee or charge, or increasing a fee or charge adopted, upon a development project, as defined in Section 66000 , which applies to the filing, accepting, reviewing, approving, or issuing of an application, permit, or enti tlement to use shall be enacted in accordance with the notice and public hearing procedures specified in Section 54986 or 66016 and shall be effective no sooner than 60 days following the final action on the adoption of the fee or charge or increase in the fee or charge; and, WHEREAS, California Government Code Section 66018 (a) specifies that prior to adopting an ordinance, resolution, or other legislative enactment adopting a new fee or approving an increase in an existing fee to which this section applies, a local agency shall hold a public hearing, at which oral or written presentations can be made, as part of a regularly scheduled meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, shall be published in accordance with Section 6062a; and,

WHEREAS, California Government Code Section 6062 (a) specifies that publication of notice pursuant to this section shall be for 10 days in a newspaper regularly published once a week or oftener and also notes two publications, with at least five days intervening between the dates of first and last publication not counting such publication dates, are sufficient. The period of notice commences upon the first day of publication and terminates at the end of the tenth day, including therein the first day; and,

WHEREAS, Section 15061(b)(3) of Title 14 of the California Code of Regulations specifies that an activity can be exempt from the California Environmental Quality Act (CEQA) 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; and,

WHEREAS, the City Council will be considering the approval of an ordinance amending Section 156.134 (Fees In Lieu of Dedication) of the Indio Municipal Code concurrently with adoption of this Resolution establishing standardized Quimby Act parkland acquisition in lieu of fees; and,

WHEREAS, on June 30, 2023 and July 7, 2023, the City Clerk Administrator published a notice of public hearing in the Desert Sun, the newspaper of record, pertaining to the proposed adoption of standardized Quimby Act parkland acquisition in lieu of fees and the amendment to Section 156.134 (Fees In Lieu of Dedication) of the Indio Municipal Code; and,

WHEREAS, the adoption of standardized Quimby Act parkland acquisition in lieu of fees is in the public safety, health and welfare in so far as said adoption will reduce current inconsistent and uncertain procedural applications in the calculati on of said fees and will provide a more efficient and reliable method of calculation; and,

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AGENDA ITEM #11.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 857 of 968 3 WHEREAS, on July 19, 2023, the City Council held a duly noticed public hearing to consider the adoption of standardized Quimby Act parkland acquisition in lieu of fees.

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. The City Council hereby adopts the following Standardized Quimby Act parkland acquisition in lieu of fees as specified in Table 3.4 of the October 15, 2021 Development Impact Fee Study previously adopted by the City Council on November 17, 2021:

Section 3. Severability. If any provision, or any portion thereof, contained in this resolution is held unconstitutional, invalid or unenforceable, the remainder of this resolution, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.

Section 4. Effective Date. The fees imposed by this Resolution shall be applicable to all subdivisions where the tentative map or tentative parcel map is filed on or after sixty (60) calendar days following the effective date of this Resolution.

Section 5. Certification. The City Clerk Administrator shall certify to the adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 19th day of July 2023.

OSCAR ORTIZ
MAYOR

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AGENDA ITEM #11.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 858 of 968 4

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AGENDA ITEM #11.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 859 of 968 5 ATTEST:

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

APPROVED AS TO FORM:

STEVEN P. GRAHAM

CITY ATTORNEY

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AGENDA ITEM #11.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 860 of 968 Final Report
Development Impact Fee Study
October 15, 2021
nbsgov.com
Prepared by:

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Temecula, CA 92592
Toll free: 800.676.7516

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AGENDA ITEM #11.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 861 of 968 Table of Contents
Executive Summary................................ ................................ ................................ ......................... S-1 Organization of the Report ....................................................................................................................S-1 Development Projections ......................................................................................................................S-1 Impact Fee Analysis................................................................................................................................S-2 Recovery of Administrative Costs..........................................................................................................S-5 Impact Fee Summary .............................................................................................................................S-5 Chapter 1. Introduction................................ ................................ ................................ ................... 1-1 Purpose ..................................................................................................................................................1-1 Legal Framework for Developer Fees ....................................................................................................1-1 Recent Legislation..................................................................................................................................1-6 Impact Fee Calculation Methodology....................................................................................................1-6 Facilities Addressed in this Study...........................................................................................................1-8 Chapter 2. Development Data ................................ ................................ ................................ .........2-1 Setting ....................................................................................................................................................2-1 Study Area..............................................................................................................................................2-1 Time Frame ............................................................................................................................................2-1 Development Types ...............................................................................................................................2-1 Residential Development and Population .............................................................................................2-2 Non-Residential Development...............................................................................................................2-3 Demand Variables..................................................................................................................................2-3 Demand Factors.....................................................................................................................................2-5 Existing and Forecasted Development ..................................................................................................2-5 Chapter 3. Park Land and Improvements ................................ ................................ ......................... 3-1 Demand Variable ...................................................................................................................................3-1 Service Area ...........................................................................................................................................3-1 Existing Facilities ....................................................................................................................................3-1 Quimby Act Fees in Lieu of Park Land Dedication .................................................................................3-2 Indio’s Existing Quimby Act Ordinance..................................................................................................3-3 Standardardized Quimby Act In-Lieu Fees.............................................................................................3-3 Existing Level of Service .........................................................................................................................3-4 Cost per Capita.......................................................................................................................................3-4

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AGENDA ITEM #11.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 862 of 968 In-Lieu Fees and Impact Fees per Unit...................................................................................................3-5 Projected Revenue.................................................................................................................................3-6 Updating the Fees..................................................................................................................................3-8 Nexus Summary .....................................................................................................................................3-8 Chapter 4. Fire Protection Facilities ................................ ................................ ................................ .4-1 Methodology..........................................................................................................................................4-1 Demand Variable ...................................................................................................................................4-1 Level of Service ......................................................................................................................................4-2 Service Area ...........................................................................................................................................4-2 Facility Needs .........................................................................................................................................4-2 Cost per Capita of Service Population....................................................................................................4-5 Impact Fee per Unit of Development ....................................................................................................4-5 Projected Revenue.................................................................................................................................4-6 Use of the Impact Fees ..........................................................................................................................4-7 Updating the Fees..................................................................................................................................4-7 Nexus Summary .....................................................................................................................................4-7 Chapter 5. Police Facilities................................ ................................ ................................ ............... 5-1 Methodology..........................................................................................................................................5-1 Demand Variable ...................................................................................................................................5-1 Level of Service ......................................................................................................................................5-1 Service Area ...........................................................................................................................................5-1 Facility Needs .........................................................................................................................................5-2 Cost per Capita of Service Population....................................................................................................5-2 Impact Fees per Unit of Development...................................................................................................5-3 Projected Revenue.................................................................................................................................5-3 Use of the Impact Fees ..........................................................................................................................5-4 Updating the Fees..................................................................................................................................5-4 Nexus Summary .....................................................................................................................................5-4 Chapter 6. Public Buildings................................ ................................ ................................ ..............6-1 Methodology..........................................................................................................................................6-1 Demand Variable ...................................................................................................................................6-1 Level of Service ......................................................................................................................................6-1 Service Area ...........................................................................................................................................6-1

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AGENDA ITEM #11.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 863 of 968 Existing Facilities ....................................................................................................................................6-1 Cost per Capita of Service Population....................................................................................................6-3 Impact Fees per Unit of Development...................................................................................................6-3 Projected Revenue.................................................................................................................................6-4 Use of the Impact Fees ..........................................................................................................................6-5 Updating the Fees..................................................................................................................................6-5 Nexus Summary .....................................................................................................................................6-5 Chapter 7. Roads and Bridges................................ ................................ ................................ ..........7-1 Methodology..........................................................................................................................................7-1 Service Area ...........................................................................................................................................7-1 Level of Service ......................................................................................................................................7-1 Demand Variable ...................................................................................................................................7-1 Facility Needs .........................................................................................................................................7-1 Cost per Peak Hour Trip.........................................................................................................................7-2 Impact Fee per Unit of Development ....................................................................................................7-2 Projected Revenue.................................................................................................................................7-3 Updating the Fees..................................................................................................................................7-3 Nexus Summary .....................................................................................................................................7-4 Chapter 8. Traffic Signals................................ ................................ ................................ ................. 8-1 Methodology..........................................................................................................................................8-1 Service Area ...........................................................................................................................................8-1 Level of Service ......................................................................................................................................8-1 Demand Variable ...................................................................................................................................8-1 Facility Needs .........................................................................................................................................8-1 Cost per Peak Hour Trip.........................................................................................................................8-2 Impact Fee per Unit of Development ....................................................................................................8-2 Projected Revenue.................................................................................................................................8-3 Updating the Fees..................................................................................................................................8-3 Nexus Summary .....................................................................................................................................8-4 Chapter 9. Storm Drainage Improvements................................ ................................ ....................... 9-1 Methodology..........................................................................................................................................9-1 Service Area ...........................................................................................................................................9-1 Level of Service ......................................................................................................................................9-1

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AGENDA ITEM #11.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 864 of 968 Demand Variable ...................................................................................................................................9-1 Existing and Future Development..........................................................................................................9-1 Cost per Acre of Impervious Cover ........................................................................................................9-3 Impact Fees per Net Acre of Development ...........................................................................................9-4 Projected Revenue.................................................................................................................................9-5 Updating the Fees..................................................................................................................................9-5 Nexus Summary .....................................................................................................................................9-5 Chapter 10. Water System Improvements ................................ ................................ ..................... 10-1 Service Area .........................................................................................................................................10-1 Methodology........................................................................................................................................10-1 Level of Service ....................................................................................................................................10-1 Demand Variable .................................................................................................................................10-1 Water System Improvements..............................................................................................................10-1 Cost per Single-Family Dwelling Unit...................................................................................................10-2 Impact Fees by Meter Size...................................................................................................................10-3 Projected Revenue...............................................................................................................................10-3 Updating the Fees................................................................................................................................10-4 Nexus Summary ...................................................................................................................................10-4 Chapter 11. Administrative Fee ................................ ................................ ................................ .....11-1 Chapter 12. Implementation ................................ ................................ ................................ ......... 12-1 Adoption ..............................................................................................................................................12-1 Administration .....................................................................................................................................12-2 Training and Public Information ..........................................................................................................12-7 Recovery of Study Costs and Administrative Costs .............................................................................12-7 Appendices
Comparative Fee Survey – Development Impact Fees Appendix A Comparative Fee Survey – Water Development Appendix B
City of Indio CIP Costs Appendix C
City of Indio Vehicle and Equipment Inventory Appendix D

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AGENDA ITEM #11.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 865 of 968 City of Indio Page S-1
Development Impact Fee Study
October 15, 2021
Executive Summary
The City of Indio has retained NBS Government Finance Group to prepare this study to analyze the impacts of new development on the City’s capital facilities and infrastructure and to calculate impact fees based on that analysis. The methods used in this study are intended to satisfy all legal requirements of the U. S. Constitution, the California Constitution and the California Mitigation Fee Act (Government Code Sections 66000 et seq.) and The Quimby Act (Government Code Section 66477) where it applies.

Organization of the Report
Chapter 1 of this report provides an overview of the legal requirements for establishing and imposing such fees, and methods that can be used to calculate impact fees.

Chapter 2 contains data on existing and future development that is used in this report.

Chapters 3 through 1 1 analyze the impacts of development on specific types of facilities and calculate impact fees for those facilities. The facilities addressed in this report are listed by chapter below:

Chapter 3. Park Land and Improvements
Chapter 4. Fire Protection Facilities
Chapter 5. Police Facilities
Chapter 6. Public Buildings
Chapter 7. Roads and Bridges
Chapter 8. Traffic Signals
Chapter 9. Storm Drainage Improvements
Chapter 10. Water System Improvements
Chapter 11. Administrative Fee
Chapter 12 contains recommendations for adopting and implementing impact fees, including suggested findings to satisfy the requirements of the Mitigation Fee Act.

Development Projections
Chapter 2 of this report presents estimates of existing development in Indio and projections of future development out to 2040. Because the City’s population fluctuates seasonally, this study uses “full occupancy population” in the impact fee analysis. Full occupancy population assumes that all dwelling units in the City are occupied at any given time.

Future development projected in Chapter 2 indicates that the City’s full occupancy population could increase by about 29% to ju st over 121,000, as undeveloped residential land in the City’s planning area is built out. Although the planning horizon for this study is 2040, the method used to calculate impact fees in this report does not require assumptions about the rate or timing o f future development.

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AGENDA ITEM #11.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 866 of 968 City of Indio Page S-2
Development Impact Fee Study
October 15, 2021
Impact Fee Analysis
The impact fee analysis for each type of facility addressed in this report is presented in a separate chapter. In each case, the relationship between development and the need for a particular type of facility is defined in a way that allows the impact of a dditional development on facility needs to be quantified.

The impact fees are based on capital costs for facilities and other capital assets needed to mitigate the impacts of additional development. Tables summarizing the impact fees calculated in this report and comparing them with the City’s existing impact fees are presented later in this chapter.

The following paragraphs briefly discuss the approach used to calculate impact fees for each type of facility addressed in this study.

Park Land and Improve ments. Chapter 3 of this report calculates three types of fees for park land acquisition and park improvements:
 Quimby Act fees in lieu of park land dedication for residential subdivisions  Park land acquisition impact fees for residential development not involving a subdivision
 Park improvement impact fees for all residential development The City’s existing Quimby Act ordinance (Ordinance 1325, Indio Municipal Code Sections 156 - 130 to 156-140) requires that residential subdivisions dedicate land for parks or pay fees in lieu of dedication. That ordinance, which was adopted in 2002 , contains a formula for determining the amount of land to be dedicated and stipulates that fees in lieu of land dedication are to be based on the fair market value of the land being subdivided.

An alternative method employed by many cities is to base in -lieu fees on the estimated average cost-per-acre for park land purchased on the open market. That would allow the City to adopt a standardized schedule of in-lieu fees for all residential subdivisions. Chapter 3 shows a schedule of in-lieu fees calculated in that manner. The tables in this Executive Summary show only impact fees for park improvements, not the fees in lieu of park land dedication.

The City may continue calculating project-specific fees based on fair market value or may choose to adopt the standardized in lieu fees calculated in this report. If the City chooses to continue calculating project -specific fees based on fair market value of the land being subdivided, we recommend that the existing ordinance be reviewed and updated.

Chapter 3 also calculates park land impact fees for residential development that does not involve a subdivision. Those fees are base d on the City’s existing ratio of park acres to population and the estimated cost per acre for park land.

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Development Impact Fee Study
October 15, 2021
Finally, Chapter 3 calculates impact fees for park improvements. Those fees are based on Indio’s existing ratio of improved park acreage to population and the estimated cost per acre for park improvements.

All of the in -lieu and impact fees in Chapter 3 are calculated as a cost per capita and then converted into fees per unit of residential development based on the estimated average population per unit for one of the four types of residential development defined in this report.

Because parks and recreation facilities are intended to serve residents of the City, the park and recreation in-lieu and impact fees apply only to residential development.

Fire Protection Facilities. Chapter 4 calculates impact fees for fire protection facilities, apparatus and vehicles by allocating costs for both existing and future Fire Department facilities to both existing and future development, so that the impact fees refl ect new development’s proportionate share of the total capital costs.

Costs are allocated based on service population, which is a weighted composite of residents and employees. (See Chapter 2 for an explanation of service population. ) The impact fees are calculated as a cost per capita of service population and then converted into fees per unit of development based on the estimated average service population per unit for each type of development defined in this report.

Fire protection impact fees are intended to apply to all new development in the City.

Police Facilities. Chapter 5 calculates impact fees for police facilities, vehicles and equipment by allocating costs for both existing and future Police Department facilities to both existing and future development, so that the impact fees reflect new development’s proportionate share of the total capital costs.

Costs are allocated based on service population, which is a weighted composite of residents and employees. (See Chapter 2 for an explanation of ser vice population. ) The impact fees are calculated as a cost per capita of service population and then converted into fees per unit of development based on the estimated average service population per unit for each type of development defined in this report.

Police impact fees are intended to apply to all new development in the City.

Public Buildings. Chapter 6 calculates impact fees for Indio’s public buildings including City Hall, the corporate yard, the library and several community centers and cultural facilities, as well as general government vehicles.

This fee is based on the existing level of service for these facilities, defined as the City’s current per-capita investment in public buildings and general government vehicles serving the existing City. The replacement cost of existing public buildings and general government vehicles is divided by the existing service population of the City to arrive at a cost per capita of service population which represents the amount needed from each added unit of service population to maintain the existing level of service as the City grows.

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AGENDA ITEM #11.4
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Development Impact Fee Study
October 15, 2021
The cost per capita is converted into fees per unit of development based on the estimated average service population per unit for each type of development defined in this report.

Public building impact fees are intended to apply all new development in the City.

Roads and Bridges. Chapter 7 calculates impact fees for roads and bridges using new development’s share of the estimated Capital Improvement Plan (CIP) cost for future road and bridge projects in the City out to 2040. The cost of those improvements is divided by the projected increase in peak hour trips generated by new development to get a cost per peak hour trip.

The cost per peak hour trip is converted into fees per unit of development using the number of peak hour trips per unit generated by each type of development defined in this report.

Roads and bridges impact fees are intended to apply to all new development in the City.

Traffic Signals. Chapter 8 calculates impact fees for traffic signals based on a set of traffic signal improvements required to serve future development in the City out to 2040. The cost of those improvements is divided by the projected increase in peak hour trips generated by new development to get a cost per peak hour trip.

The cost per peak hour trip converted into fees per unit of development using the number of peak hour trips per unit generated by each type of development defined in this report.

Traffic signals impact fees are intended to apply to all new development in the City.

Storm Drainage Improvements. Chapter 9 calculates impact fees for storm drainage improvements identified in the City’s 2019 Master Drainage Plan Update (MDPU). The cost of those improvements was allocated to both existing and future development based on the acres of impervious cover associated with various types of development.

The total cost of storm drainage system impr ovements identified in the MDPU was divided by the estimated total acres of impervious cover associated with all existing and future development in the City. The result was a cost per acre of impervious cover. That cost per acre and the estimated percentag e of impervious coverage for each type of development was used to calculate drainage impact fees per acre for each type of development defined in the MDPU. Like the City’s existing drainage impact fees, the drainage impact fees calculated in this study areper- acre fees. Those fees will recover only the share of improvement costs attributed to future development in Chapter 9.

Storm drainage impact fees are intended to apply to all new development in the City.

Water System Improvements.Chapter 10 calculates impact fees for water system improvements identified in the Indio Water Authority (IWA) 2019 Master Plan Update (MDPU). The impact fee calculations are based on the cost of improvements needed to serve future development. Those costs are divided by the added gallons per day of water demand created by future development to arrive at a cost per gallon per day.

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AGENDA ITEM #11.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 869 of 968 City of Indio Page S-5
Development Impact Fee Study
October 15, 2021
That cost per gallon per day is multiplied by the estimated average day water demand for a single- family dwelling unit (SFDU) to get the cost per uni t for that type of development. Water impact fees in this report are based on water meter size. Since the standard water meter size for a single- family unit is a ¾” meter, the impact fee for a ¾” meter is equated to the cost per SFDU. Impact fees for large r meter sizes are scaled up relative to the ¾” meter using flow factors based on meter capacity for the larger meters.

Water impact fees are intended to apply to all new development in the parts of the City served by the Indio Water Authority.

Recovery of Administrative Costs
The City incurs costs to comply with the accounting and reporting requirements of the Mitigation Fee Act, including capital budgeting, fee adjustments, mandated annual reports and periodic impact fee study updates. This study proposes that the City add a 1% administrative charge to all of the impact fees calculated in this report. Table S.2, below, shows the impact fees with that 1% charge added.

Impact Fee Summary
Table S.1 shows the impact fees calculated in this report, except for water impact fees which are shown in Table S.5. Note that drainage impact fees are not included in the Total column in the following tables because they are per-acre fees, while the other impact fees in this table are per- unit fees. Also, the development types used for drainage fees are from the Master Drainage Plan Update and are not identical to the development types used for other impact fees in this table.

The drainage impact fees shown in these tables are for the closest development type match.

Table S.2 shows the proposed impact fees from Table S.1 with a 1% administrative charge added as discussed in the previous section.

Table S.1 Summary of Impact Fees Calculated in This Study Development Parks Public Roads & Traffic Drainage
Type Units 1
Imprvmts Fire Police Buildings Bridges Signals Total (per ac) 2 Residential - Single Family DU 2,942$ 500$ 1,276$ 1,949$ 2,427$ 299$ 9,393$ 2,737$ Residential - Condo/Townhouse DU 2,599$ 442$ 1,127$ 1,722$ 1,373$ 169$ 7,432$ 4,105$ Residential - Apartment DU 2,599$ 442$ 1,127$ 1,722$ 1,373$ 169$ 7,432$ 4,105$ Residential - Mobile Home DU 2,746$ 467$ 1,191$ 1,819$ 1,128$ 139$ 7,490$ 2,737$ Commercial Retail KSF 734$ 1,871$ 2,858$ 9,339$ 1,152$ 15,954$ 4,926$ Commercial - Office KSF 536$ 1,367$ 2,088$ 2,819$ 348$ 7,158$ 4,926$ Industrial KSF 197$ 501$ 766$ 1,544$ 190$ 3,198$ 4,926$ 1 DU = dwelling unit; KSF = 1,000 gross sq ft of building area 2 Development types for drainage impact fees are not identical to the development types used for other impact fees

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AGENDA ITEM #11.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 870 of 968 City of Indio Page S-6
Development Impact Fee Study
October 15, 2021
Table S.3 shows the City’s existing impact fees. Note that the existing non-residential fees for fire, police and public buildi ngs (shaded) have been converted from fees per acre to fees per 1,000 square feet (KSF) of building area for comparability with the proposed fees. A comparison of the impact fees shown in the table below to the cities of La Quinta, Rancho Mirage, Coachella, Desert Hot Springs and Palm Desert is included as Appendix A to this study.

Table S.4 shows the difference between the existing fees in Table S.3 and the proposed fees with the administrative charge in Table S.2. Numbers in parentheses indicate that the proposed fees are lower than the existing fees.

Table S.2 Summary of Impact Fees with 1% Administrative Charge Added Development Parks Public Roads & Traffic Drainage
Type Units 1 Imprvmts Fire Police Buildings Bridges Signals Total (per ac) 1 Residential - Single Family DU 2,972$ 505$ 1,289$ 1,968$ 2,451$ 302$ 9,487$ 2,764$ Residential - Condo/Townhouse DU 2,625$ 446$ 1,138$ 1,739$ 1,386$ 171$ 7,506$ 4,146$ Residential - Apartment DU 2,625$ 446$ 1,138$ 1,739$ 1,386$ 171$ 7,506$ 4,146$ Residential - Mobile Home DU 2,774$ 472$ 1,203$ 1,837$ 1,139$ 140$ 7,564$ 2,764$ Commercial Retail KSF 741$ 1,890$ 2,887$ 9,432$ 1,163$ 16,114$ 4,976$ Commercial - Office KSF 541$ 1,381$ 2,109$ 2,847$ 351$ 7,229$ 4,976$ Industrial KSF 198$ 506$ 773$ 1,560$ 192$ 3,230$ 4,976$ 1 DU = dwelling unit; KSF = 1,000 gross sq ft of building area 2 Development types for drainage impact fees are not identical to the development types used for other impact fees Table S.3 Summary of Existing Impact Fees
Development Parks Public Drainage
Type Units 1 Imprvmts Fire 2 Police 2 Bldgs 2 Streets Signals Total (per acre) Residential - Single Family DU 4,227$ 205$ 930$ 1,979$ 1,374$ 262$ 8,977$ 8,961$ Residential - Condo/Townhouse DU 3,303$ 148$ 672$ 1,546$ 816$ 155$ 6,640$ 11,201$ Residential - Apartment DU 2,774$ 125$ 565$ 1,299$ 844$ 161$ 5,768$ 15,682$ Residential - Mobile Home DU 3,303$ 148$ 672$ 1,546$ 816$ 155$ 6,640$ 11,201$ Commercial Retail KSF -$ 60$ 272$ 625$ 3,827$ 971$ 5,755$ 20,162$ Commercial - Office KSF -$ 14$ 62$ 142$ 1,520$ 386$ 2,124$ 20,162$ Industrial KSF -$ 62$ 282$ 649$ 1,000$ 254$ 2,247$ 20,162$ 1 DU = dwelling unit; KSF = 1,000 gross sq ft of building area 2 Existing fees per acre (in shaded cells) are converted to fees per KSF for this comparison using the following floor area ratios: commercial retail - 0.25, commercial office - 0.30, industrial - 0.35 Table S.4 Difference Between Existing Fees and Proposed Impact Fees with Administrative Charge Development Parks Public Roads & Traffic Drainage
Type Units 1
Imprvmts Fire Police Buildings Bridges Signals Total (per acre) Residential - Single Family DU (1,255)$ 300$ 359$ (11)$ 1,077$ 40$ 510$ (6,197)$ Residential - Condo/Townhouse DU (678)$ 298$ 466$ 193$ 570$ 16$ 866$ (7,055)$ Residential - Apartment DU (149)$ 321$ 573$ 440$ 542$ 10$ 1,738$ (11,536)$ Residential - Mobile Home DU (529)$ 324$ 531$ 291$ 323$ (15)$ 924$ (8,437)$ Commercial Retail KSF -$ 681$ 1,618$ 2,262$ 5,605$ 192$ 10,359$ (15,186)$ Commercial - Office KSF -$ 528$ 1,319$ 1,967$ 1,327$ (35)$ 5,106$ (15,186)$ Industrial KSF -$ 136$ 224$ 124$ 560$ (62)$ 983$ (15,186)$ 1 DU = dwelling unit; KSF = 1,000 gross sq ft of building area

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Table S.5 shows existing and proposed water impact fees, which are based on water meter size. comparison of the impact fees shown in the table below to the Coachella Valley Water District, Mission Springs Water District and Desert Water Agency is included as Appendix B to this study.

Table S.5. Existing and Proposed Water Impact Fees
Meter Proposed Proposed Existing
Size Impact Fees Fees + 1% Impact Fee Difference
3/4" 3,990$ 4,030$ 4,355$ (325)$
1" 6,651$ 6,717$ 7,403$ (686)$
1-1/2" 13,301$ 13,434$ 13,064$ 370$
2" 21,282$ 21,495$ 23,080$ (1,585)$
3" 46,555$ 47,020$ 46,596$ 424$
4" 79,808$ 80,606$ 72,724$ 7,882$
6" 179,568$ 181,364$ 74,683$ 106,681$
8" 212,821$ 214,950$ 75,642$ 139,308$

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Chapter 1. Introduction
Purpose
The purpose of this study is to analyze the impacts of development on the need for several types of public facilities provided by the City of Indio and to calculate impact fees based on that analysis. This report documents the approach, data and methodolog y used in this study to calculate impact fees as well as Quimby Act park land dedication requirements and in lieu fees.

The methods used to calculate impact fees and in -lieu fees in this report are intended to satisfy all legal requirements governing s uch fees, including provisions of the U. S. Constitution, the California Constitution, the California Mitigation Fee Act (Government Code Sections 66000 - 66025), and, where applicable, the Quimby Act (Government Code Section 66477).

Legal Framework for Developer Fees
This brief summary of the legal framework for development fees is intended as a general overview. It was not prepared by an attorney and should not be treated as legal advice.

U. S. Constitution. Like all land use regulations, development exact ions, including impact fees, are subject to the 5th Amendment prohibition on taking of private property for public use without just compensation. Both state and federal courts have recognized the imposition of impact fees on development as a legitimate form of land use regulation, provided the fees meet standards intended to protect against “regulatory takings.” A regulatory taking occurs when regulations unreasonably deprive landowners of property rights protected by the Constitution.

In two landmark cases dealing with exactions, the U. S. Supreme Court has held that when a government agency requires the dedication of land or an interest in land as a condition of development approval, or imposes ad hoc exactions as a condition of approv al on a single development project that do not apply to development generally, a higher standard of judicial scrutiny applies. To meet that standard, the agency must demonstrate an "essential nexus" between such exactions and the interest being protected ( See Nollan v. California Coastal Commission, 1987) and make an” individualized determination” that the exaction imposed is "roughly proportional" to the burden created by development (SeeDolan v. City of Tigard,1994).

Until recently, it was widely accep ted that legislatively -enacted impact fees that apply to all development in a jurisdiction are not subject to the higher standard of judicial scrutiny flowing from the Nollan and Dolan decisions. But after the U. S. Supreme Court decision in Koontz v. St.

Johns Water Management District (2013), state courts have reached conflicting conclusions on that issue.

In light of that uncertainty, any agency enacting or imposing impact fees would be wise to demonstrate a nexus and ensure proportionality in the calculation of those fees.

Defining the “Nexus.” While courts have not been entirely consistent in defining the nexus required to justify exactions and impact fees, that term can be thought of as having the three

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elements discussed below. We think proportion ality is logically included as one element of that nexus, even though it was discussed separately in Dolan v. Tigard. The elements of the nexus discussed below mirror the three “reasonable relationship” findings required by the Mitigation Fee Act for establishment and imposition of impact fees.

Need or Impact. Development must create a need for the facilities to be funded by impact fees.

All new development in a community creates additional demands on some or all public facilities provided by local government. If the capacity of facilities is not increased to satisfy the additional demand, the quality or availability of public services for the entire community will deteriorate.

Impact fees may be used to recover the cost of development -related facilities, but only to the extent that the need for facilities is related to the development project subject to the fees.

The Nollan decision reinforced the principle that development exactions may be used only to mitigate impacts created by the development project s upon which they are imposed. In this study, the impact of development on facility needs is analyzed in terms of quantifiable relationships between various types of development and the demand for public facilities based on applicable level -of-service standards. This report contains all of the information needed to demonstrate compliance with this element of the nexus.

Benefit. Development must benefit from facilities funded by impact fees. With respect to the benefit relationship, the most basic requirem ent is that facilities funded by impact fees be available to serve the development paying the fees. A sufficient benefit relationship also requires that impact fee revenues be segregated from other funds and expended in a timely manner on the facilities for which the fees were charged. Nothing in the U.S. Constitution or California law requires that facilities paid for with impact fee revenues be available exclusively to development projects paying the fees.

Procedures for earmarking and expenditure of fee revenues are mandated by the Mitigation Fee Act, as are procedures to ensure that the fees are either expended expeditiously or refunded.

Those requirements are intended to ensure that developments benefit from the impact fees they are required to pay. Thus, over time, procedural issues as well as substantive issues can come into play with respect to the benefit element of the nexus.

Proportionality. Impact fees must be proportional to the impact created by a particular development project. Proportion ality in impact fees depends on properly identifying development-related facility costs and calculating the fees in such a way that those costs are allocated in proportion to the facility needs created by different types and amounts of development. The se ction on impact fee methodology, below, describes methods used to allocate facility costs and calculate impact fees that meet the proportionality standard.

California Constitution. The California Constitution grants broad police power to local governments, including the authority to regulate land use and development. That police power is the source of authority for local governments in California to impose impact fees on development. Some impact fees have been challenged on grounds that they are special taxes imposed without voter approval in violation of Article XIIIA. However, that objection is valid only

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if the fees charged to a project exceed the cost of providing facilities needed to serve the project.

In that case, the fees would also run afoul of the U. S. Constitution and the Mitigation Fee Act.

Articles XIIIC and XIIID, added to the California Constitution by Proposition 218 in 1996, require voter approval for some “property-related fees,” but exempt “the imposition of fees or charges as a condition of property development.”
The Mitigation Fee Act. California’s impact fee statute originated in Assembly Bill 1600 during the 1987 session of the Legislature, and took effect in January, 1989. AB 1600 added several sections to the Government Code, beginning with Section 66000. Since that time, the impact fee statute has been amended from time to time, and in 1997 was officially titled the “Mitigation Fee Act.” Unless otherwise noted, code sections referenced in this report are from the Government Code.

The Mitigation Fee Act does not limit the types of capital improvements for which impact fees may be charged. It defines public facilities very broadly to include "public improvements, public services and community amenities." Although the issue is not specifically addressed in the Mitigation Fee Act, it is clear both in case law and statute (see Government Code Section 65913.8) that impact fees may not be used to pay for maintenance or operating costs. Consequently, the fees calculated in this report are based on the cost of capital assets only.

The Mitigation Fee Act does not use the term “mitigation fee” except in its official title. Nor does it use the more common term “impact fee.” The Act simply uses the word “fee,” which is defined as “a monetary exaction, other than a tax or special assessment…that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project ….” To avoid confusion with other types of fees, this report uses the widely -accepted terms “impact fee” and “development impact fee” which both should be understood to mean “fee” as defined in the Mitigation Fee Act.

The Mitigation Fee Act contains requirements for establishing, increasing and imposing impact fees. They are summarized below. It also contains provisions that govern the collection and expenditure of fees and requires annual reports and periodic re -evaluation of imp act fee programs. Those administrative requirements are discussed in the implementation chapter of this report.

Required Findings. Section 66001 requires that an agency establishing, increasing or imposing impact fees, must make findings to:

1. Identify the purpose of the fee;

2. Identify the use of the fee; and,

3. Determine that there is a reasonable relationship between:
a. The use of the fee and the development type on which it is imposed;

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b. The need for the facility and the type of development on which the fee is imposed; and
c. The amount of the fee and the facility cost attributable to the development project. (Applies when fees are imposed on a specific project.)
Each of those requirements is discussed in more detail below.

Identifying the Purpose of the Fees. The broad purpose of impact fees is to protect public health, safety and general welfare by providing for adequate public facilities. The specific purpose of the fees calculated in this study is to fund construction of certain capital im provements that will be needed to mitigate the impacts of planned new development on City facilities, and to maintain an acceptable level of public services as the City grows.

This report recommends that findings regarding the purpose of an impact fee sh ould define the purpose broadly, as providing for the funding of adequate public facilities to serve additional development.

Identifying the Use of the Fees. According to Section 66001, if a fee is used to finance public facilities, those facilities must be identified. A capital improvement plan may be used for that purpose but is not mandatory if the facilities are identified in a General Plan, a Specific Plan, or in other public documents. In this case, we recommend that the City Council adopt this re port as the public document that identifies the facilities to be funded by the fees.

Reasonable Relationship Requirement. As discussed above, Section 66001 requires that, for fees subject to its provisions, a "reasonable relationship" must be demonstrated between:

1. the use of the fee and the type of development on which it is imposed;

2. the need for a public facility and the type of development on which a fee is imposed; and,

3. the amount of the fee and the facility cost attributable to the development on which the fee is imposed.

These three reasonable relationship requirements, as defined in the statute, mirror the nexus and proportionality requirements often cited in court decisions as the standard for defensible impact fees. The term “dual rational nexu s” is often used to characterize the standard used by courts in evaluating the legitimacy of impact fees. The “duality” of the nexus refers to (1) an impact or need created by a development project subject to impact fees, and (2) abenefit to the project from the expenditure of the fees.

Although proportionality is reasonably implied in the dual rational nexus formulation, it was explicitly required by the Supreme Court in the Dolan case, and we prefer to list it as the third element of a complete nexus.

Development Agreements and Reimbursement Agreements. The requirements of the Mitigation Fee Act do not apply to fees collected under development agreements (see Govt. Code Section

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66000) or reimbursement agreements (see Govt. Code Section 66003). The same is true of fees in lieu of park land dedication imposed under the Quimby Act (see Govt. Code Section 66477).

Existing Deficiencies. In 2006, Section 66001(g) was added to the Mitigation Fee Act (by AB 2751) to clarify that impact fees “shall not include costs attributable to existing deficiencies in publi c facilities,…” The legislature’s intent in adopting this amendment, as stated in the bill, was to codify the holdings of Bixel v. City of Los Angeles(1989), Rohn v. City of Visalia(1989), and Shapell Industries Inc. v. Governing Board (1991).

That amendment does not appear to be a substantive change. It is widely understood that other provisions of law make it improper for impact fees to include costs for correcting existing deficiencies.

However, Section 66001(g) also states that impact fees “mayinclude the costs attributable to the increased demand for public facilities reasonably related to the development project in order to (1) refurbish existing facilities to maintain the existing level of service or (2) achieve an adopted level of service that is consistent with the general plan.” (Emphasis added.) Impact Fees for Existing Facilities. Impact fees may be used to recover costs for existing facilities to the extent that those facilities are needed to serve additional development and have the capacity to do so. In other words, it must be possible to show that fees used to pay for existing facilities meet the need and benefit elements of the nexus.

The Quimby Act. The Quimby Act (Government Code Section 66477), which pre -dates the Mitigation Fee Act, authorizes a city or county to require dedication of land, payment of fees in - lieu of dedication, or a combination of both, for park and recreational purposes as a condition of approval of a residential subdivision. The city or county must adopt an ordinance that includes definite standards for determining the proportion of the subdivision to be dedicated and the amount of the in-lieu fees to be paid.

Under the Quimby Act, land dedication and in -lieu fee requirements are based on the ratio of park acres to population in the jurisdiction. That ratio may not exceed three acres per thousand residents unless the existing ratio is higher but is limited to five acres per thousand. The population added by the subdivision is determined by the number of dwel ling units and the average number of persons per household.

The population and the average number of persons per household in the city or county are to be based on the most recent federal census. Park acreage is to be based on the area of neighborhood and community parks in the city or county at the time of that census.

The land, fees, or combination thereof are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision. A 2013 amendment to the Quimby Act added a provision that in -lieu fees may be used for the purpose of developing new or rehabilitating existing park or recreational facilities in a neighborhood other than the neighborhood in which the subdivision paying the fees is located, if certain conditions are met (see paragraph (a)(3)(B) of Section 66477). “Neighborhood” is not defined in the statute.

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The Quimby Act requires that the legislative body adopt a general plan or specific plan containing policies and standards for parks and recreational facilities, and that the amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by future inhabitants of the subdivision.

The Quimby Act provides that if park and recreational services and facilities are provided by a public agency other than a city or county, the amount and location of park land to be dedicated or fees to be paid shall be jointly determined by th at other public agency and the city or county having jurisdiction. The land or fees shall be conveyed directly to the public agency that provides park and recreational services on a communitywide level if that agency elects to accept the land or fee.

Only payment of fees may be required for subdivisions containing 50 units or less, or for condominium, stock cooperative or community apartment projects.

Recent Legislation
Several new laws enacted by the State of California in 2019 to facilitate development o f affordable housing will affect the implementation of in -lieu fees and impact fees calculated in this study. Below are brief overviews of some key bills passed in 2019.

SB 330 – The Housing Crisis Act of 2019.Amendments to existing law contained in SB 330 prohibit the imposition of new approval requirements on a housing development project once a preliminary application has been submitted. That provision applies to increases in impact fees and in -lieu fees, except when the resolution or ordinance establis hing the fee authorizes automatic, inflationary adjustments to the fee or exaction.

AB 1483 – Housing Data: Collection and Reporting.AB 1483 requires that a city, county or special districts must post on its website a current schedule of its fees and exac tions, as well as associated nexus studies and annual reports. Updates must be posted within 30 days.

SB 13 – Accessory Dwelling Units. SB 13 prohibits the imposition of impact fees on accessory dwelling units (ADUs) smaller than 750 square feet and provides that impact fees for ADUs of 750 square feet or more must be proportional to the square footage of the primary dwelling unit. The proportionality requirement means that impact fees for ADUs of 750 square feet or more must be calculated on a case-by-case basis during the approval process.

Existing law requires a water or sewer connection fee or capacity charge for an accessory dwelling unit requiring a new or separate utility connection to be based on either the accessory dwelling unit’s size or the numb er of its plumbing fixtures. SB 13 revises the basis for calculating the connection fee or capacity charge to either the accessory dwelling unit’s square feet or the number of its drainage fixture units.

Impact Fee Calculation Methodology
Any one of severa l legitimate methods may be used to calculate impact fees. The choice of a particular method depends primarily on the service characteristics of, and planning requirements for, the facility type being addressed. Each method has advantages and disadvantag es in a

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particular situation. To some extent they are interchangeable, because they all allocate facility costs in proportion to the needs created by development.

Allocating facility costs to various types and amounts of development is central to all methods of impact fee calculation. Costs are allocated by means of formulas that quantify the relationship between development and the need for facilities. In a cost allocation formula, the impact of development is measured by some attribute of development such as added population or added vehicle trips that represent the impacts created by different types and amounts of development.

Plan-Based or Improvements-Driven Method. Plan-based impact fee calculations are based on the relationship between a specifie d set of improvements and a specified increment of development. The improvements are typically identified in a facility plan, while the development is identified in a land use plan that forecasts potential development by type and quantity.

Using this method, facility costs are allocated to various categories of development in proportion to the service demand created by each type of development. To calculate plan-based impact fees, it is necessary to determine what facilities will be needed to serve a particular increment of new development.

With this method, the total cost of eligible facilities is divided by the total units of additional demand to calculate a cost per unit of demand (e.g. a cost per capita for parks). Then, the cost per unit of demand i s multiplied by factors representing demand per unit of development (e.g. population per unit) to arrive at a cost per unit of development.

This method is somewhat inflexible in that it is based on the relationship between a specific facility plan and a specific land use plan. If either plan changes significantly the fees will have to be recalculated.

Capacity-Based or Consumption -Driven Method . This method calculates a cost per unit of capacity based on the relationship between total cost and total c apacity of a system. It can be applied to any type of development, provided the capacity required to serve each increment of development can be estimated and the facility has adequate capacity available to serve the development. Since the cost per unit o f demand does not depend on the particular type or quantity of development to be served, this method is flexible with respect to changing development plans.

In this method, the cost of unused capacity is not allocated to development. Capacity-based fees are most commonly used for water and wastewater systems, where the cost of a system component is divided by the capacity of that component to derive a unit cost. However, a similar analysis can be applied to other types of facilities. To produce a sched ule of impact fees based on standardized units of development (e.g. dwelling units or square feet of non -residential building area), the cost per unit of capacity is multiplied by the amount of capacity required to serve a typical unit of development in each of several land use categories.

Standard-Based or Incremental Expansion Method. Standard-based fees are calculated using a specified relationship or standard that determines the number of service units to be provided for

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each unit of development. The standard can be established as a matter of policy or it can be based on the level of service being provided to existing development in the study area.

Using the standard-based method, costs are defined on a generic unit-cost basis and then applied to development according to a standard that sets the number of service units to be provided for each unit of development.

Park in-lieu and impact fees are commonly calculated this way. The level of service standard for parks is typically stated in terms of acres of parks per thousand residents. A cost-per-acre for park land or park improvements can usually be estimated without knowing the exact size or location of a particular park. The ratio of park acreage to popul ation and the cost per acre for parks is used to calculate a cost per capita. The cost per capita can then be converted into a cost per unit of development based on the average population per dwelling unit for various types of residential development.

Facilities Addressed in this Study
Impact/in-lieu fees for the following types of facilities are addressed in this report:
 Park Land and Improvements (Chapter 3)
 Fire Facilities (Chapter 4)
 Police Facilities (Chapter 5)
 Public Buildings (Chapter 6)
 Road and Bridge Improvements (Chapter 7)
 Traffic Signals (Chapter 8)
 Storm Drainage Improvements (Chapter 9)

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Chapter 2. Development Data
This chapter presents data on existing and future development that will be used to calculate impact fees in subsequent chapters of this report.

The information in this chapter may be used to establish levels of service, analyze facility needs, and/or allocate the cost of capital facilities between existing and future development and among various types of new development.

Setting
The City of Indio is located in Riverside County, approximately 120 miles east of Los Angeles and 20 miles east of Palm Springs. The City straddles Interstate 10 and is bordered by the City of La Quinta to the west, unincorporated Riverside County to the south and to the north, and the City of Coachella to the east. Indio is the largest and fastest growing city in eastern Riverside County.

Study Area
The study area for this study is the planning area defined in Indio’s General Plan 2040, which includes both the existing incorporated City and the sphere of influence. The future development scenario used in this study assumes buildout of all developable land within the study area.

Time Frame
No time frame is assumed for the buildout of future development projected in this s tudy. The methods used to calculate impact fees in this study do not require assumptions regarding the rate or timing of development.

Development Types
The development types defined in this study are intended to reflect actual land uses rather than zoning or general plan land use designations. The following breakdown of development types is used throughout this study:
 Residential - Single Family
 Residential – Condominium/Townhouse
 Residential – Apartment
 Residential – Mobile Home
 Commercial - Retail
 Commercial - Office
 Industrial
 Public Facilities/Schools
 Parks/Open Space

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Residential Development and Population
As indicated in the list above, this study classifies residential development into four categories:
single-family, condominiums and townhouses, apa rtments and mobile homes (in mobile home parks). Dwelling units are used as the basic measure of the amount of existing and future development in each residential category.

The graph at right shows the California
Department of Finance (DOF) official
January 1 population estimates for the
City of Indio for the years from 2010
through 2019.

DOF’s population estimate for Indio has
grown at an average rate of 1.8% per
year sinc e 2010. The City’s estimated
January 1, 2019 population of 89,406 is
an increase of 13,370 or 17.5% from a
population of 76,036 at the time of the
2010 Census.

The figures shown above reflect the City’s total population, including both household population and population in group quarters such as dormitories, group homes and correctional facilities.

The group quarters population in Indio was estimated at 925 in 2019, which is just over 1% of the total population. For purposes of this study, only household population is used to represent impacts on public facilities.

It is important to note that the official Census Bureau and Department of Finance population estimates reflect only the City’s permanent population. An estimated vacancy rate of 19.5% in Indio indicates that a significant percentage of the dwellings in Indio are occupied seasonally.

That means the official population estimates understate the service demand represented by residential development in Indio.

Once a dwelling unit has been approved and constructed, the City is committed to serve the demand created by that unit, even if that demand is seasonal. The City has no control over whether or when such units are occupied.

Thus, to better represent the City’s service commitments, this study uses “full -occupancy population” to represent the demand for public services and the facilities that support them. As used in this study, “full -occupancy population” means the number of people who would reside in the City if all dwelling units existi ng at a particular time were occupied. Unless otherwise indicated, when the term “population” is used in subsequent chapters of this report, it is intended to mean full-occupancy population.

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In this study, the full -occupancy population is estimated for eac h category of residential development by multiplying the number of units (existing or future) in that category by the average population per unit for that type of development.

This study uses data from the U. S. Census Bureau’s 2017 American Community Surv ey 5-year Estimates to calculate the population per dwelling unit factors for each category of residential development defined in this study. Those factors are shown in Table 2.1.

Non-Residential Development
In this study, private, non -residential developm ent is classified into three categories:

Commercial-Retail, Commercial-Office, and Industrial. For purposes of impact fee analysis, non - residential development can be measured in a number of ways. In this report, the basic unit used for commercial, offic e and industrial development is gross building area in thousands of square feet, which is abbreviated “KSF.”
Two other categories of non-residential development are used in this study: Public Facilities and Schools, and Parks and Open Space. The amount of existing and future development in the Public Facilities category is measured in terms of net developed acres.

Demand Variables
To calculate impact fees, the relationship between facility needs and development must be quantified in cost allocation formu las. Certain measurable attributes of development (for example, added population or added vehicle trips) are used as “demand variables” in those formulas to represent the impact of different types of development on various types of facilities.

Demand variables are selected either because they directly measure the service demand created by various types of development, or because they are reasonably correlated with that demand.

For example, the need for parks in a community is typically defined in terms of the relationship between population and acres of parks. As population grows, more parks are needed to maintain that relationship. Logically, then, the increase in population related to new residential development is an appropriate yardstick, or demand variable, for use in measuring the impact of development on the need for additional parks.

Each demand variable has a specific value for each type of development defined in this study.

Those values may be referred to as “demand factors.” So, if thedemand variable used to calculate impact fees for a particular type of facility is added population, the demand factor for single- family residential development would be the population per dwelling unit for that specific type of development.

Demand variables used in this study are discussed below. Specific demand factors can be found in Table 2.1.

Population. Resident population is used in this study to represent the need for facilities such as parks and community centers that are intended to serve residents of the City. Those facilities are impacted by the additional population associated with residential development and are not

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impacted substantially by non -residential development. As discussed above, because of seasonality in Indio’s population, the popul ation used to calculate impact fees in this study is “full-occupancy population”
Service Population. Population alone does not represent all of the impacts of development on facilities that serve both residential and non -residential development. A variable called service population is commonly used to calculate impact fees for certain types of public facilities and will be used in this study.

Service population is a composite variable that includes both residents of the City and employees of businesses in Indio. Population is included to represent the impacts of residential development and employees are included to represent the impacts of non -residential development, such as retail, office and industrial development.

Because the impact of one new resident is not necessarily the same as the impact of one new employee, each component of the service population is given a weight relative to a base weight of 1.0.

Service population is intended to approximate the number of people present in the City at a particular time, usually as a weekly average. It is difficult to estimate that number precisely for several reasons. Some residents work in the City, some residents commute to work outside the City, and some residents don’t work at paid jobs. Non -residents may be present in the City for work, shopping, recreation, or any number of other reasons.

In this study, the base weight of 1.0 is assigned to residents. Weights for employees associated with different types of development are based on estimates of the number of hours per week businesses of a certain type are in operation.

Our estimate of the average number of hours per week that residents spend in the City is based in part on an analysis of how many residents commute to work outside the City. We also assume the average resident spends four hours a week outside the City for activities like shopping and recreation.

Census Bureau American Community Survey data for 2017 show that 73.7% of Indio residents between ages 20 and 64 are employed, and that 72% of employ ed residents work outside the City. Assuming that out-commuters spend 47.5 hours a week (9.5 hours per day) outside the City for work and commuting, and that all residents spend 4 hours a week outside the City for shopping and recreation, leads us to the c onclusion that out -commuters spend an average of 116.5 (168 – 47.5 – 4) hours per week in the City. If other residents spend 164 (168-4) hours per week in the City, the weighted average for all residents is 151.1. Dividing that number by 168 hours per week gives us a weight of 0.899 for all residents.

This study assumes that retail businesses operate 12 hours a day, 7 days a week (84 hours) and that other businesses operate only 9 hours a day, 5 days a week (45 hours). The weights assigned to employees of b usiness associated with various types of non -residential development are based on the hours per week of operation divided by 168 total hours per week.

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Table 2.1 shows the service population per unit weights and the service population per unit factors used in this study.

Peak Hour Trips. The demand variable used to calculate impact fees for roads, bridges and traffic signals in this report is peak hour vehicle trips per weekday. Peak hour trips -per-unit-per-day for each type of development defined in this study are shown in Table 2.1.

Demand Factors
Table 2.1 shows the values of demand factors used in this study, by development type.

Existing and Forecasted Development
Summaries of existing and forecasted development by development type in Indio’s planning area are presented in Tables 2.2 through 2.4.

The numbers presented in the following tables indicate that Indio currently has about 77% of its projected 2040 population. As of 2019, single -family residential units make up approximately 65% of all residential units in the City. Tha t number is not projected to change significantly to 2040, although the mix of other residential unit types is projected to change somewhat.

Table 2.1 Demand Factors
Development
Type
Unit
Type
Pop per
Unit 1
Empl per
Unit 2
Svc Pop
Weight 3
Svc Pop per
Unit 4
Pk Hr Trips
per Unit 5
Water Use
(GPD) 6
Residential - Single Family DU 3.00 0.899 3.00 0.99 580 Residential - Condo/Townhse DU 2.65 0.899 2.65 0.56 445 Residential - Apartment DU 2.65 0.899 2.65 0.56 445
Residential - Mobile Home DU 2.80 0.899 2.80 0.46 445
Commercial Retail KSF 2.2 2.000 4.40 3.81 105
Commercial - Office KSF 3.0 1.071 3.21 1.15 105
Industrial KSF 1.1 1.071 1.18 0.63 30
Public Facilities/Schools Acre 6.9 1.071 7.39 8.00 1,130 Parks/Open Space Acre 0.0 N/A 0.00 0.19 1,570
1 Average population per unit based on analysis of data from the U. S. Census Bureau American Community Survey (2017, 5-Year Estimate), Tables B25032 and B25033 2 Employees per unit for retail, office and industrial estimated by NBS based on a study of employment density conducted by the Natelson Co. for the Southern California Association of Governments (SCAG); employees per unit for public facilities/schools based on acreage from the General Plan and employees from the General Plan Update EIR traffic model database 3 Service population weight; see discussion in text
4 Service population per unit = population or employees per unit X service population weight 5 Peak hour trips per unit per day based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition
6 Estimated water demand in gallons per day per unit based on data from the Indio Water Authority (IWA) 2019 Water Master Plan Update

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Table 2.2 on the next page shows estimated existing development in the City as of January 1, 2019, in terms of units, population, service population and weighted peak hour trips.

Table 2.3 shows forecasted future development in Indio’s planning area out to 2040.

Table 2.2 Existing Development as of January 1, 2019
Development Type
Unit
Type 1
No. of
Units 2
Popula-
tion 3
Emplo-
yees 4
Service
Pop 5
Peak Hour
Trips 6
Water Use
(MGD) 7
Residential - Single Family DU 21,956 65,868 65,868 21,736 12.734 Residential - Condo/Townhouse DU 1,344 3,562 3,562 753 0.598 Residential - Apartment DU 5,783 15,325 15,325 3,238 2.573 Residential - Mobile Home DU 3,191 8,935 8,935 1,468 1.420 Commercial Retail KSF 3,061.4 6,735 13,470 11,664 0.321 Commercial - Office KSF 999.3 2,998 3,212 1,149 0.105
Industrial KSF 2,097.3 2,307 2,472 1,321 0.063
Public Facilities/Schools Acre 615.0 4,260 4,547 4,920 0.695 Parks/Open Space Acre 1,926.0 N/A N/A 366 3.024
Totals 93,690 16,300 117,390 46,615 21.534
1 DU = dwelling unit; KSF = 1,000 gross square feet of building area; Acre = net developed acre 2 Number of existing residential units based on the Department of Finance (DOF) January 2019 E-5 report; commercial and industrial units estimated by NBS based on employment data from the traffic model database used to prepare the General Plan Update EIR; acres of public facilities/schools and parks/open space from the General Plan Update Table 3-1 3 Population = number of residential units X population per unit from Table 2.1; see discussion of full occupancy population in text
4 Employees based on the traffic model database used to prepare the General Plan Update EIR 5 Service population = number of units X service population per unit from Table 2.1 6 Peak hour trips = number of units X peak hour trips per unit from Table 2.1 7 Water use in millions of gallons per day (MGD) = number of units X water use per unit in gallons per day / 1,000,000
Table 2.3 Future Development to 2040
Development Type
Unit
Type
No. of
Units
Popula-
tion
Emplo-
yees
Service
Pop
Peak Hour
Trips
Water Use
(MGD)
Residential - Single Family DU 5,144 15,432 15,432 5,093 2.984 Residential - Condo/Townhouse DU 1,991 5,276 5,276 1,115 0.886 Residential - Apartment DU 2,556 6,773 6,773 1,432 1.137 Residential - Mobile Home DU 0 0 0 0 0.000
Commercial Retail KSF 1,706.7 3,755 7,510 6,502 0.179
Commercial - Office KSF 256.0 768 823 295 0.027
Industrial KSF 816.7 898 963 515 0.025
Public Facilities/Schools Acre 187.8 2,965 1,388 1,502 0.212 Parks/Open Space Acre 82.4 N/A N/A 16 0.129
Totals 27,481 8,387 38,165 16,469 5.579
Note: all figures in Table 2.3 represent the difference between the 2040 development in Table 2.4 and existing development in Table 2.2

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Table 2.4 shows projected total 2040 development.

Table 2.4 Projected Total 2040 Development
Development Type
Unit
Type 1
No. of
Units 2
Popula-
tion 3
Emplo-
yees 4
Service
Pop 5
Peak Hour
Trips 6
Water Use
(MGD) 7
Residential - Single Family DU 27,100 81,300 81,300 26,829 15.718 Residential - Condo/Townhouse DU 3,335 8,838 8,838 1,868 1.484 Residential - Apartment DU 8,339 22,098 22,098 4,670 3.711 Residential - Mobile Home DU 3,191 8,935 8,935 1,468 1.420 Commercial Retail KSF 4,768 10,490 20,980 18,166 0.501
Commercial - Office KSF 1,255 3,766 4,035 1,444 0.132
Industrial KSF 2,914 3,205 3,434 1,836 0.087
Public Facilities/Schools Acre 803 7,225 5,935 6,422 0.907 Parks/Open Space Acre 2,008 N/A N/A 382 3.153
Totals 121,171 24,687 155,555 63,084 27.113
1 DU = dwelling unit; KSF = 1,000 gross square feet of building area; Acre = net developed acre 2 2040 dwelling units projected by NBS based on 2040 population from the General Plan Update traffic model land use database and expected shares of dwelling unit growth by category; 2040 commercial and industrial units projected by NBS based on future employment by category from the General Plan Update traffic model land use database 3 2040 potential population = number of residential units X population per unit from Table 2.1; see discussion of potential population in text
4 2040 employees based on data from the General Plan Update traffic model land use database 5 Service population = number of units X service population per unit from Table 2.1 6 Peak hour trips at buildout = number of units X peak hour trips per unit from Table 2.1 7 Water use in millions of gallons per day (MGD) = number of units X water use per unit in gallons per day / 1,000,000

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Chapter 3. Park Land and Improvements
This chapter updates three different types of fees available to fund park land and improvements to serve the added population associated with new residential development in Indio.

1. Quimby Act In-Lieu Fees - The Quimby Act (Government Code 66477) authorizes the City to require that residential subdivisions dedicate land for parks or pay fees in lieu of dedication. This chapter calculates the in -lieu fees, which apply only to residential projects that involve a subdivision.

2. Park Land Impact Fees– Impact fees for park land acquisition apply to residential projects that do not involve a subdivision and, thus, are not subject to Quimby Act in-lieu fees.

3. Park Improvement Impact Fees . Impact fees to fund park improvements apply to all residential development projects.

Demand Variable
A demand variable is an attribute of development that is used to represent the impact of development on a particular type of facility. The need for parks is almost universally defined in terms of the population to be served, so the demand variable used to calculate both in-lieu fees and impact fees in this chapter is added population.

Because the impact of development on the need for parks is created by an increase in population associated with new residential development, the fees calculated in this chapter will apply only to new residential development.

Service Area
Indio’s parks serve the entire City, so in -lieu fees and impact fees for park land acquisition and park improvements will apply to all new residential development in the City.

Existing Facilities
Both Quimby Act in-lieu fee and park impact fee calculations in this chapter reference a list of the City’s existing parks as part of their basis. Table 3.1 lists Indio’s existing parks and breaks down the acreage of each park into city-owned and city-improved acres.

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Quimby Act Fees in Lieu of Park Land Dedication
Fees in lieu of park land dedication are authorized by the Quimby Act and apply only to residential subdivisions. The calculation of Quimby Act in -lieu fees differs in a number of ways from park impact fees, which are discussed later in this chapter.

The Quimby Act (Government Code Section 66477) authorizes municipalities to impose a requirement on residential subdivisions (including parcel maps) that they dedicate land for parks or pay fees in lieu of park land dedication. The statute requires use of population data from the most recent available federal census, which at the time of this study is the 2010 Census.

Under the Quimby Act, park land dedication req uirements and in -lieu fees should be based on the 2010 ratio of park acreage to population if that ratio is between 3.0 acres per thousand and

5.0 acres per thousand. If the 2010 ratio is lower than 3.0 acres per thousand, the requirement for land dedication or in-lieu fees may be based on 3.0 acres per thousand.

Table 3.1: Existing Parks
Park Park City-Owned City-Improved
Name Type Acres Acres
Miles Avenue Park Community 17.80 17.80
North Jackson Park Community 5.60 5.60
South Jackson Park Community 2.00 2.00
Davis Field Community 9.50 9.50
Burr Street Park Mini/Nbhd 1.97 1.97
Doug York Plaza Mini/Nbhd 0.50 0.50
Shields Park Mini/Nbhd 1.10 1.10
Station 87 Dog Park Mini/Nbhd 0.90 0.90
Marshall Parkway Mini/Nbhd 0.90 0.90
Cahuilla Park Neighborhood 4.80 4.80
Dominguez Park Neighborhood 3.20 3.05
Dr Carreon Park Neighborhood 6.30 6.30
George S. Patton Park Neighborhood 4.20 4.20
Hjorth Park Neighborhood 3.70 3.70
Mulligan Dog Park Neighborhood 1.80 1.80
Yucca Park Neighborhood 1.40 1.40
Indio Sports Complex Community 51.80 -
South Jackson Soccer Park Community 10.50 10.50
Municipal Golf Course Special Use 46.00 46.00
Jacqueline Cochran Park Community 16.40 -
Tingman Park Mini/Nbhd 0.50 0.50
9/11 Memorial Park (CIP) Mini/Nbhd 0.50 -
Total 191.37 122.52
Source: City of Indio parks inventory

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As shown in Table 3.2, Indio’s 2010 ratio was below 3.0 acres per thousand. Consequently, the park land in-lieu fees calculated later in this chapter are based on the minimum ratio of 3.0 acres per thousand.

Indio’s Existing Quimby Act Ordinance
Per Ordinance 1325 (Indio Municipal Code Sections 156-130 to 156-140), Quimby Act parkland acquisition in-lieu fees “…shall be based on the fair market value of land within a subdivision.” As such, the City calculates these fees on a case -by-case basis, depending on the fair market value of the land being subdivided at the time the project is approved using the following formula to determine the fee:

Quimby Act Park Land Acquisition In-lieu fee =
Number of dwelling units
x
Population per dwelling unit by development type (Occupancy Factor) x
.003 acres per capita
x
market value of land per acre
x
75% cost recovery level
It is important to note that the 75% cost recovery level specified in the City’s existing Quimby Act ordinance is not required by the Quimby Act. It represents a policy choice by the City at the time the ordinance was adopted.

Standardized Quimby Act In-Lieu Fees
Although a number of cities in California determine park land in-lieu fees on a case-by-case basis like Indio, most adopt a standardized in -lieu fee schedule based on an estimated average cost per acre for park land in the City. Later in this chapter, we calculate a schedule of standardized in-lieu fees for consideration by the City.

The City may continue calculating project-specific fees based on fair market value or may choose to adopt the standardized in lieu fees calculated in this report. If the City chooses to continue calculating project -specific fees base d on fair market value of the land being subdivided, we recommend that the existing ordinance be reviewed and updated.

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Existing Level of Service
Table 3.2 calculates the existing level of service in acres -per-capita and acres per thousand residents for three types of fees addressed in this chapter: (1) Quimby Act in-lieu fees which apply only to residential subdivisions; (2) park land impact fees which apply only to non -subdivision projects; and, (3) park improvement impact fees which apply to all residential development.

Note that the level of service for Quimby Act in-lieu fees in Table 3.2 is based on 2010 conditions and is less than 3.0 acres per thousand. Consequently, as provided in the Quimby Act, a standard of 3.0 acres per thousand (0.003 acres per capita) will be used to calculate standardized Quimby Act in-lieu fees later in this chapter.

Because of the 2019 California Court of Appeals decision in Boatworks, LLC v. City of Alameda , the acres-per-capita factor used to calculate park land impact fee s for non-subdivision projects is based only on improved park acreage rather than on total acres of City-owned park land.

Cost per Capita
Table 3.3 calculates the cost per capita for the three types of fees calculated in this chapter. The acres-per-capita standards used for the park land impact fee for non-subdivision projects and the park improvement impact fees are from Table 3.2. The acres per capita standard for the park land in-lieu fees is 3.0 acres per thousand (0.003 acres per capita) as providedin the Quimby Act.

Table 3.2: Existing Level of Service
Facility
Existing
Acres 1
Existing
Population 2
Acres per
Capita 3
Acres per
1000 4
Park Land In-Lieu Fees (Subdivisions) 76.52 76,036 0.00101 1.006 Park Land Impact Fees (Non-Subdivision) 122.52 93,690 0.00131 1.308 Park Improvement Impact Fees 122.52 93,690 0.00131 1.308 1 Existing acres for park land in-lieu fees based on 2010 conditions; existing acres for other fees based on 2019 park acreage as shown in table 3.1 2 Existing population for park land in-lieu fees is from the 2010 Census; population for other fees is the 2019 population from Table 2.2
3 Acres per capita = existing acres / existing population 4 Acres per 1,000 population = acres per capita X 1,000

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In-Lieu Fees and Impact Fees per Unit
The next three tables calculate fees per unit by development type for each of the three types of in-lieu fees and impact fees covered in this chapter.

Quimby Act In-Lieu Fees per Unit (Subdivision s). Table 3.4 calculates standardized Quimby Act park land acquisition in-lieu fees per dwelling unit for residential subdivisions based on the cost per capita from Table 3.3 and the population per dwelling unit from Table 2.1. No in-lieu fees per unit are shown for the apartment or mobile home development types because they normally do not involve a subdivision.

Park Land Impact Fees per Unit (Non-Subdivision Projects). Table 3.5 calculates park land impact fees per dwelling unit for residential development not involving a subdivision. Those fees are based on the cost per capita from Table 3.3 and the population per dwelling unit from Table 2.1.

The Condo/Townhouse development type is omitted from this table because that type of development would always involve a subdivision. The single-family residential development type is included in this table because single -family units may be built on existing lots. However, it is Table 3.3: Cost per Capita
Fee Type
Cost per
Acre1
Acres per
Capita 2
Cost per
Capita3
Park Land In-Lieu Fees (Subdivisions) 192,500$ 0.00300 577.50$ Park Land Impact Fees (Non-Subdivision) 192,500$ 0.00131 251.74$ Park Improvement Impact Fees 750,000$ 0.00131 980.79$
1 Park land acquisition cost per acre and park improvement cost per acre estimated by the City of Indio
2 See Table 3.2; acres per capita for park land in-lieu fees based on 3.0 acres per 1,000 as provided in the Quimby Act; acres per capita for other fees based on improved park acres per capita
3 Cost per capita = cost per acre X acres per capita
4 Acres per 1,000 population = acres per capita X 1,000 Table 3.4: Park Land In-Lieu Fees per Unit (Subdivisions) Development
Type Units 1
Cost per
Capita 2
Population
per DU 3
In-Lieu Fee
per Unit 4
Residential - Single Family DU $577.50 3.00 $1,732.50
Residential - Condo/Townhouse DU $577.50 2.65 $1,530.38 1 Units of development: DU = dwelling unit
2 See Table 3.3
3 See Table 2.1
4 Impact fee per unit = cost per capita X population per dwelling unit

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important to note that this fee should not be collected if a park land in -lieu fee was col lected when the lot was originally subdivided.

Park Improvement Impact Fees per Unit (All Residential Development). Table 3.6 calculates park improvement impact fees per dwelling unit based on the cost per capita from Table 3.3 and the population per dwelling unit from Table 2.1.

Projected Revenue
The next three tables show revenue projections for the three types of fees calculated in this chapter. Those projections assume that future development occurs as projected in this report.

Quimby Act In -Lieu Fees per Unit (Subdivisions). Table 3.7 shows projected revenue from the Quimby Act in-lieu fees calculated in this chapter, based on the in-lieu fee per unit from Table 3.4 and the number of future units from Table 2.3.

Table 3.5: Park Land Impact Fees per Unit (Non-Subdivisions Projects) Development
Type Units 1
Cost per
Capita 2
Population
per DU 3
Impact Fee
per Unit 4
Residential - Single Family DU $251.74 3.00 $755.21
Residential - Apartment DU $251.74 2.65 $667.10
Residential - Mobile Home DU $251.74 2.80 $704.86
1 Units of development: DU = dwelling unit
2 See Table 3.3
3 See Table 2.1
4 Impact fee per unit = cost per capita X population per dwelling unit Table 3.6: Park Improvement Impact Fees per Unit
Development
Type Units 1
Cost per
Capita 2
Population
per DU 3
Impact Fee
per Unit 4
Residential - Single Family DU $980.79 3.00 $2,942.36
Residential - Condo/Townhouse DU $980.79 2.65 $2,599.09 Residential - Apartment DU $980.79 2.65 $2,599.09
Residential - Mobile Home DU $980.79 2.80 $2,746.21
1 Units of development: DU = dwelling unit
2 See Table 3.3
3 See Table 2.1
4 Impact fee per unit = cost per capita X population per dwelling unit

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Park Land Impact Fees per Unit (Non-Subdivisions). Table 3.8 shows projected revenue from the park land impact fees calculated in this chapter, based on the impact fee per unit from Table 3.5 and the number of future units from Table 2.3.

No revenue is shown in Table 3.8 for single -family residential units because the number of such units that might be constructed without involving a new subdivision is u nknown and probably insignificant. No future mobile home units are planned in the City at this time, so no revenue is shown for that development type.

Park Improvement Impact Fees per Unit (All Residential Development). Table 3.9 shows projected revenue from the park improvement impact fees calculated in this chapter, based on the impact fee per unit from Table 3.6 and the number of future units from Table 2.3.

Table 3.7: Projected Revenue from Park Land In-Lieu Fees Development In-Lieu Fee Future Projected
Type Units 1 per Unit 2 Units 3 Revenue 4
Residential - Single Family DU $1,732.50 5,144 8,911,980$ Residential - Condo/Townhouse DU $1,530.38 1,991 3,046,977$ Total 11,958,957$
1 Units of development: DU = dwelling unit
2 See Table 3.4
3 See Table 2.3
4 Projected revenue = fee per unit X future units
Table 3.8: Projected Revenue from Park Land Impact Fees Development Impact Fee Future Projected
Type Units 1 per Unit 2 Units 3 Revenue 4
Residential - Apartment DU $667.10 2,556 1,705,105$
Residential - Mobile Home DU $704.86 0 0$
Total 1,705,105$
1 Units of development: DU = dwelling unit
2 See Table 3.5
3 See Table 2.3
4 Impact fee per unit = cost per capita X population per dwelling unit

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Updating the Fees
The in-lieu fees and impact fees calculated in this chapter are based on the current estimated cost of park land and improvements. We recommend that the fees be reviewed periodically and adjusted as needed using local cost data or an index such as the Engineering News Record Construction Cost Index (CCI)
Nexus Summary
As discussed in Chapter 1 of this report, Section 66001 of the Mitigation Fee Act requires that an agency establishing, increasing or imposing impact fees, must make findings to:

Identify the purpose of the fee;
Identify the use of the fee; and,
Determine that there is a reasonable relationship between:
a. The use of the fee and the development type on which it is imposed; b. The need for the facility and the type of development on which the fee is imposed; and
c. The amount of the fee and the facility cost attributable to the development project.

Satisfying those requirements also ensures that the fees meet the “rational nexus” and “rough proportionality” standards enunciated in leading court decisions bearing on impact fees and other exactions. (For more detail, see “Legal Framework for Impact Fees” in Chapter 1.) The following paragraphs explain how the impact fees calculated in this chapter satisfy those requirements.

Purpose of the Fee: The purpose of the impac t fees calculated in this chapter is to mitigate the impact of new development on the need for parks in Indio.

Table 3.9: Projected Revenue from Park Improvement Impact Fees Development Impact Fee Future Projected
Type Units 1 per Unit 2 Units 3 Revenue 4
Residential - Single Family DU $2,942.36 5,144 15,135,516$ Residential - Condo/Townhouse DU $2,599.09 1,991 5,174,783$ Residential - Apartment DU $2,599.09 2,556 6,643,267$
Residential - Mobile Home DU $2,746.21 0 0$
Total 26,953,566$
1 Units of development: DU = dwelling unit
2 See Table 3.6
3 See Table 2.3
4 Impact fee per unit = cost per capita X population per dwelling unit

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Use of the Fee. Impact fees calculated in this chapter will be used to provide additional parks to mitigate the impacts of new development in the City.

As provided by the Mitigation Fee Act, revenue from impact fees may also be used for temporary loans from one impact fee fund or account to another.

Reasonable Relationship between the Use of the Fee and the Development Type on Which It Is Imposed. The impact fees calculated in this chapter will be used to provide additional parks to serve the needs of added population associated with new residential development in Indio.

Reasonable Relationship between the Need for the Facilities and the Type of De velopment on Which the Fee Is Imposed. New development increases the need for parks to maintain the existing level of service, as described earlier in this chapter. Without additional parks, the increase in population associated with new residential development would result in a reduction in the level of service provided to all residents of the City.

Reasonable Relationship between the Amount of the Fee and the Facility Cost Attributable to the Development Project. The amount of the park in -lieu fees and impact fees charged to a residential development project will depend on the increase in population associated with that project. The fees per unit of development calculated in this chapter for each type of residential development are based on the estimated average population per unit for that t ype of development in Indio. Thus, the fee charged to a development project reflects the impact of that project on the need for parks in the City.

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Chapter 4. Fire Protection Facilities
This chapter calculates impact fees for Indio’s fire protection facilities. The City contracts with the Riverside County Fire Department for fire protection, fire prevention, rescue, and emergency medical services. The City owns the fire stations in Indio. Those stations are part of an integrated system of fire protection facilities used by the Riverside County Fire Department to provide fire protection to Indio.

There are five existing fire stations in the City and preliminary plans call for a Public Safety Campus to replace Fire Station 1, as well as for expansion of Fire Station 3. These improvements will be needed to service e xisting and future development in the City. This study assumes that the cost of the Public Safety Campus will be shared between the Fire and Police facility impact fee bases.

Firefighting apparatus assigned to fire stations in Indio is owned by the County and the City contributes to the cost of apparatus through its contract payments to Riverside County Fire Department. The City owns part of a ladder truck, the cost of which is shared between three local cities, as well as a fleet of ambulances and vehicles associated with fire operations. The costs for apparatus are not included in the cost basis for impact fees in this chapter, however the costs of part of the ladder truck as well as City-owned vehicles and ambulances are included.

Methodology
The method used to calculate impact fees in this chapter is the plan -based method discussed in Chapter 1. That method calculates impact fees by allocating the cost of specific facilities to the development served by those facilities. In this case, the cost of existing and future fire stations will be allocated to existing and future development so that all development in the City will share proportionately in the cost of those facilities. The fire protection impact fees calculated in this chapter represent new development’s proportionate share of the cost of Indio’s fire protection facilities.

Demand Variable
A demand variable is an attribute of development that is used to represent the impact of development on a particular type of facility. See Chapter 2 for a general discussion of demand variables and demand factors.

Indio’s Fire Department provides services to both residential and non-residential development in the City, so the demand variable used to calculate impact fees for those facilities is service population, which represents both residential and non -residential development. See Chapter 2 for a detailed explanation of service population.

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Level of Service
The critical measure of level of service for fire protection and emergency medical services is emergency response time. The number of fire stations needed to serve a particular area with acceptable response times is determined by specific conditions within the area. In this case, the number and general location of existing and future fire stations needed to provide an acceptable level of service within the City have been identified by the Indio Fire Department. Those fire stations and their associated apparatus, vehicles and equipment are shown in the tables included within this Chapter.

Service Area
Although individual fire stations are assigned to provide the initial emergency response in a specific area, resources from multiple fire stations are often needed to provide an adequate response to an emergency call. A first alarm response to a small s tructure fire can require resources from as many as five fire stations. So it makes sense to treat the entire City as a single service area for purposes of calculating fire protection impact fees.

That approach is further supported by the fact that calculating separate impact fees for individual fire stations could result in substantially different impact fees for development in different parts of the City receiving essentially the same level of service. This analysis will allocate costs for fire protection facilities citywide, so the impact fees for a particular type of development will be the same throughout the City.

Facility Needs
Table 4.1 on the next page lists existing and planned future fire protection facilities in Indio with estimated building con struction cost for future buildings, depreciated replacement cost for existing buildings, and estimated land cost (for future facilities) or land value (for existing facilities). Estimated building cost or replacement cost includes site development and fur niture, fixtures and equipment.

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Table 4.2 on the next page shows the replacement cost and depreciated replacement cost for the City’s existing ambulances and vehicles. As mentioned above, the City does not own any apparatus besides a portion of a laddertruck. Many items shown in the table are fully depreciated so their cost will not be reflected in the impact fee calculations.

Table 4.1: Existing and Future Fire Stations
Constr Building Site Bldg Cost/ Useful Est Land Depr Building Impact Fee Facility Date Sq Ft
1 Acres
2 Repl Cost
3 Life
4 Cost
5 Repl Cost
6 Cost Basis
7 Fire Station 3 (Madison St) 1980 4,590 1.200 2,991,992$ 50 231,000$ 658,238$ 889,238$ Fire Station 4 (Avenue 40) 2007 7,200 1.830 3,043,779$ 50 352,275$ 2,313,272$ 2,665,547$ Fire Station 5 (Golf Center Pkwy) 2009 7,200 2.000 4,102,830$ 50 385,000$ 3,282,264$ 3,667,264$ Fire Station 3 Expansion Future 2,000 0.000 1,303,700$ 50 -$ 1,303,700$ 1,303,700$ New Public Safety Campus:

Fire Station 1 Replacement Future 13,267 12,648,728$ 50 -$ 12,648,728$ 12,648,728$ New PSS Building (12.5%)
8 Future 2,750 2,288,338$ 50 -$ 2,288,338$ 2,288,338$
Public Safety Campus Site (25%)
9 Future 2.16 414,838$ -$ 414,838$
Site Development (25%)
10 Future 2.16 606,375$ -$ 606,375$
Total 24,484,027$
1 Building square feet provided by the City of Indio
2 Site acres provided by the City of Indio
3 Building cost for Stations 4 & 5 is actual cost; building replacement cost for other existing fire stations based on $651.85 per square foot including furniture, fixtures and building equipment; building cost for future Public Safety Campus provided by City of Indio
4 Useful Life for Fire Station based on City of Indio Finance Department asset records 5 Cost or value of site estimated based on $192,500 per acre; provided by City of Indio 6 Depreciated building replacement cost for existing stations using straight-line depreciation over the useful life of the asset
7 Impact fee cost basis = sum of building, FF&E and site cost or value 8 The Fire Department will occupy an estimated 12.5% of the 22,000 square foot PSS Admin Building 9 Fire Department facilities will occupy an estimated 25% of the 8.62 acre Public Safety Campus 10 Fire Department facilities will require approximately 25% of the estimated site development budget

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Table 4.3 shows the estimated cost of planned future fire apparatus and vehicles. Those estimated costs are used as the impact fee cost basis for those items.

Table 4.4 summarizes the impact fee cost basis figures from the three previous tables. The total cost from Table 4.4 will be used to calculate impact fee calculations in the next section.

Table 4.2: Existing Fire Apparatus and Vehicles
Model Useful Replacement Depr Repl Impact Fee
Year Description Life (Yrs) Cost
1 Cost
2 Cost Basis
3 2002 Pick up 7 24,000$ -$ -$
2005 Multi Function Fire/Ladder Truck (50%) 7 500,000$ -$ -$ 2006 Pick up 7 28,000$ -$ -$
2008 Pick up 7 97,000$ -$ -$
2007 Ambulance 7 225,000$ -$ -$
2003 Ambulance 7 225,000$ -$ -$
2008 Pick up 7 24,000$ -$ -$
2009 Pick up 7 28,000$ -$ -$
2014 Ambulance 7 225,000$ 32,143$ 32,143$
2014 Ambulance 7 225,000$ 32,143$ 32,143$
2014 All Terrain Vehicle 7 14,000$ 2,000$ 2,000$
2014 All Terrain Vehicle 7 14,000$ 2,000$ 2,000$
2016 Ambulance 7 225,000$ 96,429$ 96,429$
2017 Ambulance 7 225,000$ 128,571$ 128,571$
2017 All Terrain Vehicle 7 19,500$ 11,143$ 11,143$
Total 2,098,500$ 304,429$ 304,429$
1 Replacement cost provided by the City of Indio Fleet Department 2 Depreciated replacement cost using straight-line depreciation over the useful life of the asset 3 Impact fee cost basis equals the depreciated replacement cost Table 4.3: Future Fire Apparatus, Vehicles and Equipment No. of Cost Impact Fee
Description Units 1 per Unit 1 Cost Basis 2
Ambulance 2 225,000$ 450,000$
Ladder Truck (50%) 1 700,000$ 700,000$
Total 1,150,000$
1 Information provided by the City of Indio Fire Department 2 Impact fee cost basis = number of units X cost per unit

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Cost per Capita of Service Population
As discussed in Chapter 2, service population is used as the demand variable for the impact fee calculations in this report. Table 4.5 calculates an average cost per capita of service population by dividing the total impact fee cost basis from Table 4.4 by the total 2040 service population of the City, as shown in Table 2.4 in Chapter 2.

Impact Fee per Unit of Development
Impact fees per unit of development by development type are calculated using the cost per capita of service population from Table 4.5 and the service population per unit from Table 2.1. Table

4.6 shows those calculations.

Even though this analysis accounts for service population related to development in the Public Facilities/Schools and Parks/Open Space categor ies, no impact fees are shown for those categories in Table 4.6 because the City cannot normally collect impact fees for that type of development.

Table 4.4: Impact Fee Cost Basis - Existing and Future Assets Total
Component Cost Basis 1
Existing and Future Fire Stations 24,484,027$
Existing Fire Apparatus and Vehicles 304,429$
Future Fire Apparatus and Vehicles 1,150,000$
Total Cost 25,938,456$
1 See Tables 4.1, 4.2 and 4.3
Table 4.5: Cost per Capita of Service Population
Total 2040 Cost
Cost Basis 1 Service Population 2 per Capita 3
$25,938,456 155,555 $166.75
1 See Table 4.4
2 See Table 2.4
3 Cost per capita of service population = total cost basis/ 2040 service population

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Projected Revenue
Table 4.6 Impact Fee per Unit
Development Cost per Svc Pop Impact Fee
Type Units 1 Capita 2 per Unit 3 per Unit 4
Residential - Single Family DU $166.75 3.00 500.24$
Residential - Condo/Townhouse DU $166.75 2.65 441.88$
Residential - Apartment DU $166.75 2.65 441.88$
Residential - Mobile Home DU $166.75 2.80 466.89$
Commercial Retail KSF $166.75 4.40 733.69$
Commercial - Office KSF $166.75 3.21 535.98$
Industrial KSF $166.75 1.18 196.52$
Public Facilities/Schools Acre $166.75 7.39 1,232.74$
Parks/Open Space Acre $166.75 0.00 0.00$
1 DU = dwelling unit; KSF = 1,000 gross square feet of building area 2 Cost per capita of service population; see Table 4.5
3 See Table 2.1
4 Impact fee per unit = cost per capita X service population per unit Table 4.7 projects the total revenue from the impact fees calculated in this chapter. That projection assumes that future development occurs as forecasted in this study. Revenue is projected by applying the impact fee per unit from Table 4.6 to added units from Table 2.3 in Chapter 2. No revenue is shown for Public Facilities/Schools or Parks/Open Space because the City normally cannot collect impact fees from those types of development. The total projected revenue shown in Table 4.7 amounts to about 36% of the cost of the planned future facilities listed in Table 4.4.

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Use of the Impact Fees
The impact fees calculated in this chapter will be used to pay for new development’s share of the cost of the future fire facilities described earlier, as well as the acquisition of additional vehicles needed to serve new development in the City.

Updating the Fees
The impact fees calculated in this chapter are based in part on the cost of existing facilities and in part on the estimated cost of future facilities. Over time those costs can change, so we recommend that these fees be reviewed periodically and adjusted if necessary to reflect actual costs.

Nexus Summary
As discussed in Chapter 1 of this report, Section 66001 of the Mitigation Fee Act requires that an agency establishing, increasing or imposing impact fees, must make findings to:

Identify the purpose of the fee;
Identify the use of the fee; and,
Determine that there is a reasonable relationship between:
a. The use of the fee and the development type on which it is imposed; b. The need for the facility and the type of development on whichthe fee is imposed; and
Table 4.7 Projected Revenue
Development Cost Future Projected
Type Units 1 per Unit 2 Units 3 Revenue 4
Residential - Single Family DU 500.24$ 5,144 2,573,252$ Residential - Condo/Townhouse DU 441.88$ 1,991 879,787$ Residential - Apartment DU 441.88$ 2,556 1,129,450$
Residential - Mobile Home DU 466.89$ 0 0$
Commercial Retail KSF 733.69$ 1,707 1,252,203$
Commercial - Office KSF 535.98$ 256 137,234$
Industrial KSF 196.52$ 817 160,504$
Total 6,132,429$
1 DU = dwelling unit; KSF = 1,000 gross square feet of building area 2 See Table 4.6
3 See Table 2.1
4 Impact fee per unit = cost per capita X service population per unit

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c. The amount of the fee and the facility cost attributable to the development project.

Purpose of the Fe e: The purpose of the impact fees calculated in this chapter is to pay for new development’s proportionate share of the cost of providing fire protection facilities to serve development in Indio.

Use of the Fee.Impact fees calculated in this chapter willbe used to pay for future fire protection facilities needed to provide a reasonable level of coverage for the City.

As provided by the Mitigation Fee Act, revenue from impact fees may also be used for temporary loans from one impact fee fund or account to another.

Reasonable Relationship between the Use of the Fee and the Development Type on Which It Is Imposed. The impact fees calculated in this chapter will be used to pay for new development’s proportional share of the fire protection facilities needed to serve all development in Indio.

Reasonable Relationship between the Need for the Facilities and the Type of Development on Which the Fee Is Imposed. The impact fees calculated in this chapter will pay for additional fire protection facilities needed ser ve anticipated development through buildout of the area within the existing corporate boundaries of Indio.

Reasonable Relationship between the Amount of the Fee and the Facility Cost Attributable to the Development Project. The amount of the fire protecti on impact fees charged to a development project will depend on the amount of added developed service population associated with that project. The fees per unit of development calculated in this chapter for each type of development are based on the estimat ed service population per unit for that type of development in Indio. Thus, the fee charged to a development project reflects that project’s proportionate share of the cost of fire protection facilities in the City.

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Chapter 5. Police Facilities
This chapter calculates impact fees for Indio’s Police facilities. The Indio Police Department (IPD) is staffed with 76 sworn officers and 41 professional staff, as well as 26 Citizens Helping Indio Police (CHIP) volunteers, 14 police cadets and three chaplains.

The department is currently housed in a one-story building of approximately 18,000 square feet located at 48600 Jackson Street in Indio. The City plans to replace that building as part of development of a new Public Safety Campus.

Methodology
The method used to calculate impact fees in this chapter is the plan -based method discussed in Chapter 1. That method calculates impact fees by allocating the cost of specific facilities to the development served by those facilities. In this case, the cost of new Police facilities, including a new dispatch center, will be allocated to both existing and future development so that all development in the City will share proportionately in the cost of those facilities. The Police impact fees calculated in this chapter represent new development’s proportionate share of the cost of those facilities.

Demand Variable
A demand variable is a n attribute of development that is used to represent the impact of development on a particular type of facility. See Chapter 2 for a general discussion of demand variables and demand factors.

Indio’s Police Department provides services to both residentialand non-residential development in the City, so the demand variable used to calculate impact fees for those facilities is service population, which represents both residential and non -residential development. See Chapter 2 for a detailed explanation of service population.

Level of Service
The standard used to calculate impact fees for police facilities in this chapter is the 2040 level of service, defined as the relationship between the cost of Indio’s planned police facilities and the 2040 service population. The level of service for police vehicles is the relationship between the cost of the City’s existing police vehicles and the existing service population. Table 5.2 later in this chapter shows each of those standards as a cost per capita of service popu lation. Appendix D to this study provides a detailed list of the existing vehicles and equipment.

Service Area
The Indio Police Department serves the entire City, so the impact fees calculated in this chapter will apply to all new development in the City.

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Facility Needs
Table 5.1 lists Indio’s planned future Police facilities with estimated building construction cost and land cost. Estimated building cost or replacement cost includes site development and furniture, fixtures and equipment.

Cost per Capita of Service Population
Table 5.2 on the next page calculates two cost per capita figures, one for future police facilities and one for police vehicles. The cost per capita for future police facilities is calculated using the 2040 service population because those facilities will serve both existing and future development.

The cost per capita for police vehicles is calculated using the existing service population because those vehicles serve only the existing City. The sum of those two numbers is used to calculate the Police impact fees in the next section.

Table 5.1: Future Police Facilities
Constr Building Site Est Bldg Est Land Impact Fee
Facility Date Sq Ft 1 Acres 2 Cost 3 Cost 4 Cost Basis 5 New PSS Building (87.5%) 6 Future 19,250 16,018,363$ 16,018,363$ New Dispatch Center Future 7,318 9,275,988$ 9,275,988$
New Police HQ Building Future 40,000 32,325,000$ 32,325,000$ Public Safety Campus Site (75%) 7Existing 6.47 1,244,513$ 1,244,513$ Site Development (75%) 7 Future 6.47 1,819,125$ 1,819,125$ Total 57,619,351 3,063,638 60,682,988$
1 Building square feet provided by the City of Indio and Holt Architecture 2 Public safety campus acreage = 8.62; Police Department share = 75% 3 Estimated Police Department share of cost; cost estimate by Holt Architecture 4 Land cost provided by City of Indio; site development cost estimated by Holt Architecture 5 Impact fee cost basis = sum of estimated building cost and estimated site value 6 The Police Department will occupy an estimated 87.5% of the 15,000 square foot PSS Bulding 7 Police Department facilities will occupy an estimated 75% of the 8.62 acre Public Safety Campus

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Impact Fees per Unit of Development
Impact fees per unit of development by development type are calculated using the total cost per capita of service population from Table 5.2 and the service populatio n per unit from Table 2.1.

Table 5.3 shows those calculations.

Projected Revenue
Table 5.4 projects the total revenue from the impact fees calculated in this chapter. That projection assumes that future development occurs as forecasted in this study. Re venue is Table 5.2: Cost per Capita of Service Population
Cost PD Facilities Existing Service Cost per
Component Cost Basis 1 Vehicles Cost 2 Population 3 Capita 4 Future Police Facilities $60,682,988 155,555 390.11$
Existing Police Vehicles $4,132,082 117,390 35.20$
Total 425.31$
1 See Table 5.1
2 Existing Police Department vehicles acquisition cost; see the appendix for a detailed list of vehicles
3 See Table 2.4 (2040 service population) for police facilities and Table 2.2 (existing service population) for existing police vehicles
4 Cost per capita of service population = cost / service population Table 5.3 Police Impact Fees per Unit
Development Cost per Svc Pop Impact Fee
Type Units 1 Capita 2 per Unit 3 per Unit 4
Residential - Single Family DU $425.31 3.00 1,275.92$
Residential - Condo/Townhouse DU $425.31 2.65 1,127.06$ Residential - Apartment DU $425.31 2.65 1,127.06$
Residential - Mobile Home DU $425.31 2.80 1,190.86$
Commercial Retail KSF $425.31 4.40 1,871.35$
Commercial - Office KSF $425.31 3.21 1,367.05$
Industrial KSF $425.31 1.18 501.25$
Public Facilities/Schools Acre $425.31 7.39 3,144.23$
Parks/Open Space Acre $425.31 0.00 0.00$
1 DU = dwelling unit; KSF = 1,000 gross sq ft of building area; acre = net developed acre 2 Cost per capita of service population; see Table 5.2
3 See Table 2.1
4 Impact fee per unit = cost per capita X service population per unit

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projected by applying the impact fees per unit from Table 5.3 to added units from Table 2.3 in Chapter 2. No revenue is shown for Public Facilities/Schools or Parks/Open Space because the City normally cannot collect impact fees from those types o f development. The total projected revenue shown in Table 5.4 amounts to about 26% of the cost of the planned future police facilities listed in Table 5.1.

Use of the Impact Fees
The impact fees calculated in this chapter will be used to pay for new development’s share of the cost of the future police facilities described earlier, as well as the acquisition of additional police vehicles needed to serve new development in the City.

Updating the Fees
The impact fees calculated in this chapter are based in large part on estimated costs for planned future facilities. Over time those costs can change, so we recommend that these fees be reviewed periodically and adjusted if necessary to reflect changes in costs.

Nexus Summary
As discussed in Chapter 1 of this report, Section 66001 of the Mitigation Fee Act requires that an agency establishing, increasing or imposing impact fees, must make findings to:

Identify the purpose of the fee;
Identify the use of the fee; and,
Determine that there is a reasonable relationship between:

Table 5.4 Projected Revenue - Police Impact Fees
Development Impact Fee Future Projected
Type Units 1 per Unit 2 Unit s 3 Revenue 4
Residential - Single Family DU 1,275.92$ 5,144 6,563,322$ Residential - Condo/Townhouse DU 1,127.06$ 1,991 2,243,978$ Residential - Apartment DU 1,127.06$ 2,556 2,880,767$
Residential - Mobile Home DU 1,190.86$ 0 0$
Commercial Retail KSF 1,871.35$ 1,706.7 3,193,861$
Commercial - Office KSF 1,367.05$ 256.0 350,029$
Industrial KSF 501.25$ 816.7 409,379$
Total 15,641,337$
1 DU = dwelling unit; KSF = 1,000 gross square feet of building area 2 See Table 5.3
3 See Table 2.1
4 Impact fee per unit = cost per capita X service population per unit

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a. The use of the fee and the development type on which it is imposed; b. The need for the facility and the type of development on which the fee is imposed; and
c. The amount of the fee and the facility cost attributable to the devel opment project.

Purpose of the Fee: The purpose of the impact fees calculated in this chapter is to pay for new development’s pro portionate share of the cost of providing police facilities, vehicles and equipment to serve development in Indio.

Use of the Fee. Impact fees calculated in this chapter will be used to pay for new development’s share of police facilities, vehicles and equipment needed to serve development in the City.

As provided by the Mitigation Fee Act, revenue from impact fees may also be used for temporary loans from one impact fee fund or account to another.

Reasonable Relationship between the Use of the Fee and the Development Type on Which It Is Imposed. The impact fees calculated in this chapter will be used to pay for new development’s proportional share of the cost of police facilities, vehicles and equipment needed to serve development in Indio.

Reasonable Relationship between the Need for the Facilities and the Type of Development on Which the Fee Is Imposed. All new development creates a need for additional police facilities, vehicles and equipment. The impact fees calculated in this chapter will pay for new development’s proportionate share of police facilities, vehicles and equipment needed to serve development in Indio through 2040.

Reasonable Relationship between the Amount of the Fee and the Facility Cost Attributable to the Development Project. The amou nt of the police impact fees charged to a development project will depend on the amount of added service population associated with that project. The fees per unit of development calculated in this chapter for each type of development are based on the estimated service population per unit for that type of development in Indio. Thus, the fee charged to a development project reflects that project’s proportionate share of the cost of additional police facilities, vehicles and equipment needed to serve new development in the City.

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Chapter 6. Public Buildings
This chapter calculates impact fees for Indio’s public buildings, including City Hall, the corporate yard, the library and several community centers and cultural facilities, as well as general government vehicles.

Methodology
The method used to calculate impactfees in this chapter is the standard-based method discussed in Chapter 1. The standard used to calculate impact fees in this chapter is the existing level of service defined below.

Demand Variable
A demand variable is an attribute of development that i s used to represent the impact of development on a particular type of facility. See Chapter 2 for a general discussion of demand variables and demand factors.

Indio’s public buildings and vehicles provide services to both residential and non -residential development in the City, so the demand variable used to calculate impact fees for those facilities is service population, which represents both residential and non -residential development. See Chapter 2 for a detailed explanation of service population.

Level of Service
The standard used to calculate impact fees in this chapter is the existing level of service defined as the relationship between the replacement cost of Indio’s existing public buildings and vehicles and the City’s existing service population. Table 6.3 later in this chapter shows that standard as a cost per capita of service population.

Service Area
Indio’s public buildings and vehicles serve the entire City, so the impact fees calculated in this chapter will apply to all new development in the City.

Existing Facilities
Table 6.1 on the next page lists the City’s existing public buildings with their estimated replacement cost and land value. Building replacement cost is used here because it will be necessary for the City to build additional public buildings to maintain the existing level of service as the City grows. The per -capita replacement cost of existing public buildings and vehicles (see Table 6.3) is used here as an indication of the cost of maintaining the existing level of service as the City grows.

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Table 6.2 lists the City’s existing general government vehicles with their replacement cost. As with public buildings, the per -capita replacement cost of existing (see Table 6.3) is used here as an indication of the cost of maintaining the existing level of service as the City grows. Appendix D to this study provides a detailed list of the existing vehicles and equipment.

Table 6.1: Existing Public Buildings
Building Site Est Bldg Est Land Impact Fee
Facility Sq Ft 1 Acres 2 Repl Cost 3 Value 4 Cost Basis 5 City Hall 15,420 1.8 5,546,048$ 346,500$ 5,892,548$
Indio Branch Library 21,725 1.5 2,485,000$ 288,750$ 2,773,750$ Coachella Valley Art Center 12,206 0.5 1,994,455$ 96,250$ 2,090,705$ Indio Perfoming Arts Center 22,000 1.4 2,756,671$ 269,500$ 3,026,171$ Teen Center 17,690 3.4 9,324,960$ 654,500$ 9,979,460$
Senior Center 21,200 2.0 9,718,138$ 385,000$ 10,103,138$ Boys and Girls Club 24,282 0.4 12,799,812$ 77,000$ 12,876,812$ CVHM Smiley/Tyler House 2,995 1.6 1,272,856$ 308,000$ 1,580,856$ CVHM Smiley/Tyler Pavilion 155 Included 65,488$ 65,488$ CVHM LaLonde Bldg 400 Included 169,106$ 169,106$
CVHM Smiley/Tyler Art Studio 520 Included 101,019$ 101,019$ CVHM Archive 2,340 Included 351,000$ 351,000$
Chamber of Commerce Bldg 3,515 0.7 617,969$ 134,750$ 752,719$ Corporate Yard 39,613 7.1 18,905,396$ 1,366,750$ 20,272,146$ Emergency Operations Center 8,800 0.5 1,892,301$ 96,250$ 1,988,551$ Future Library Site 1.8 346,500$ 346,500$
Total 72,369,969$
1 Building square feet from the City of Indio fixed asset schedule 2 Site acres provided by the City of Indio
3 Estimated building replacement cost from City property schedule 4 Land value based on $192,500 per acre
5 Impact fee cost basis = sum of estimated building replacement cost and estimated site value Table 6.2: Existing General Government Vehicles/ Equipt Impact Fee
Department Cost Basis 1
Building Safety 226,657.73$
Public Works 3,429,252.66$
Other Departments 234,408.39$
Total 3,890,318.78$
1 Impact fee cost basis = replacement cost; see appendix for a detailed list of vehicles and equpment for each department

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Cost per Capita of Service Population
Table 6.3 shows the existing cost per capita of servicepopulation for public buildings and general government vehicles and equipment based on the impact fee cost bases from Tables 6,1 and 6.2 and the existing service population from Table 2.2. The total cost per capita shown in Table 6.3 is the overall existing level of service for the assets addressed in this chapter and is the standard used to calculate impact fees for those assets.

Impact Fees per Unit of Development
Impact fees per unit of development by development type are calculated using the cost percapita of service population from Table 6.3 and the service population per unit from Table 2.1. Table

6.4 shows those calculations.

Even though this analysis accounts for service population related to development in the Public Facilities/Schools and Parks /Open Space categories, no impact fees are shown for those categories in Table 6.4 because the City cannot normally collect impact fees for that type of development.

Table 6.3: Cost per Capita of Service Population
Cost Impact Fee Existing Cost per
Component Cost Basis1 Service Pop 2 Capita 3
Existing Public Buildings 72,369,969.00$ 117,390 616.49$ Existing Vehicles & Equipment 3,890,318.78$ 117,390 33.14$ Total 649.63$
1 See Tables 6.1 and 6.2
2 See Table 2.2
3 Cost per capita of service population = impact fee cost basis/ existing service population

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Projected Revenue
Table 6.5 projects the total revenue from the impact fees calculated i n this chapter. That projection assumes that future development occurs as forecasted in this study. Revenue is projected by applying the impact fees per unit from Table 6.4 to added units from Table 2.3 in Chapter 2. No revenue is shown for Public Facilities/Schools or Parks/Open Space because the City normally cannot collect impact fees from those types of development.

Table 6.4 Public Building Impact Fees per Unit
Development Cost per Svc Pop Impact Fee
Type Units 1 Capita 2 per Unit 3 per Unit 4
Residential - Single Family DU $649.63 3.00 1,948.90$
Residential - Condo/Townhouse DU $649.63 2.65 1,721.53$ Residential - Apartment DU $649.63 2.65 1,721.53$
Residential - Mobile Home DU $649.63 2.80 1,818.97$
Commercial Retail KSF $649.63 4.40 2,858.38$
Commercial - Office KSF $649.63 3.21 2,088.10$
Industrial KSF $649.63 1.18 765.64$
1 DU = dwelling unit; KSF = 1,000 gross sq ft of building area 2 Cost per capita of service population; see Table 6.3
3 See Table 2.1
4 Impact fee per unit = cost per capita X service population per unit Table 6.5 Projected Revenue - Public Bulidings Impact Fees Development Impact Fee Future Projected
Type Units 1 per Unit 2 Units 3 Revenue 4
Residential - Single Family DU 1,948.90$ 5,144 10,025,129$ Residential - Condo/Townhouse DU 1,721.53$ 1,991 3,427,559$ Residential - Apartment DU 1,721.53$ 2,556 4,400,221$
Residential - Mobile Home DU 1,818.97$ 0 0$
Commercial Retail KSF 2,858.38$ 1,706.72 4,878,455$
Commercial - Office KSF 2,088.10$ 256.05 534,651$
Industrial KSF 765.64$ 816.71 625,305$
Total 23,891,320$
1 DU = dwelling unit; KSF = 1,000 gross square feet of building area 2 See Table 6.4
3 See Table 2.1
4 Impact fee per unit = cost per capita X service population per unit

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Use of the Impact Fees
The impact fees calculated in this chapter will be used to pay for new development’s share of the cost of new City Hall and Library buildings.

Updating the Fees
The impact fees calculated in this chapter are based on the replacement cost of existing facilities, vehicles and equipment. Over time those costs can change, so we recommend that these fees be reviewed periodically and adjusted, if necessary, to reflect actual costs.

Nexus Summary
As discussed in Chapter 1 of this report, Section 66001 of the Mitigation Fee Act requires that an agency establishing, increasing or imposing impact fees, must make findings to:

Identify the purpose of the fee;
Identify the use of the fee; and,
Determine that there is a reasonable relationship between:
a. The use of the fee and the development type on which it is imposed; b. The need for the facility and the type ofdevelopment on which the fee is imposed; and
c. The amount of the fee and the facility cost attributable to the development project.

Satisfying those requirements also ensures that the fees meet the “rational nexus” and “rough proportionality” standards e nunciated in leading court decisions bearing on impact fees and other exactions. (For more detail, see “Legal Framework for Impact Fees” in Chapter 1.) The following paragraphs explain how the impact fees calculated in this chapter satisfy those requirements.

Purpose of the Fee: The purpose of the impact fees calculated in this chapter is to pay for the cost of public buildings and general government vehicles needed to mitigate the impact of new development in Indio.

Use of the Fee. Impact fees calculated i n this chapter will be used to pay for future public buildings and general government vehicles needed to serve additional development in the City.

As provided by the Mitigation Fee Act, revenue from impact fees may also be used for temporary loans from one impact fee fund or account to another.

Reasonable Relationship between the Use of the Fee and the Development Type on Which It Is Imposed. The impact fees calculated in this chapter will be used to pay for the cost of public buildings and general government vehicles needed to maintain the existing level of service in Indio as the City grows.

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Reasonable Relationship between the Need for the Facilities and the Type of Development on Which the Fee Is Imposed. All development creates a need for additional public buildings and general government vehicles. The impact fees calculated in this chapter will pay for additional assets needed to maintain the existing level of service in the City.

Reasonable Relationship between the Amount of the Fee and the Facility Cost Attributable to the Development Project. The amount of the public buildings and vehicles impact fees charged to a development project will depend on the amount of added service population associated with that project. The fees per unit of development calculated in this chapter for each type of development are based on the estimated service population per unit for that type of development in Indio. Thus, the fee charged to a development project reflects that project’s proportionate share of the cost of the City’s public buildings and general government vehicles.

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Chapter 7. Roads and Bridges
This chapter calculates impact fees for road and bridge improvements in the City of Indio. The improvement costs used in the impact fee calculations are taken from the City’s Capital Improvement Program (CIP). The portion of project costs to be funded by other agencies or programs, including CVAG’s Transportation Uniform Mitigation Fee (TUMF) program, are excluded from the costs used in this analysis, so only the City’s share of those costs is considered in the impact fee calculations. Road diet projects are also excluded from the list of projects addressed in the impact fee calculations. A complete list of development -related CIP road and bridge improvements and costs is contained in Appendix C to this report.

In this chapter, impro vement costs are apportioned between existing and future development based on the number of peak hour trips contributed by each of those components at the point where all future development projected out to 2040 is built out. That approach means that impact fees will cover only about 26% of the City’s cost for future road and bridge improvements.

Service Area
The service area for improvements addressed in this chapter is Indio’s General Plan planning area, including both the existing incorporated City and the sphere of influence.

Level of Service
The Mobility Element of Indio’s General Plan 2040 does not adopt traditional level of service standards for streets and intersections. The Mobility Element adopts a “complete streets” approach to accommodate pedestrians, cyclists, golf carts and transit as well as private vehicles.

It envisions a variety of street configurations to accommodate the mix of transportation modes appropriate to particular types of streets.

Demand Variable
The demand variable used in this analysis is peak hour trips per unit of development. Table 2.1 in Chapter 2 shows the number of peak hour trips per unit generated by each type of development addressed in this study.

Facility Needs
Table 7.1 summarizes the improvement costs used to c alculate impact fees in this chapter. The list of projects is broken down into street projects, bridge projects and freeway interchange projects, and the costs shown for each type of project are the total project cost, the City’s share of the total costs and new development’s share of the City’s cost share. A detailed list of projects

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is contained in Appendix C. Additional detail on individual projects is available from the City of Indio Engineering Department.

The percentage used to determine new developme nt’s share of the City’s cost is calculated as the number of peak hour trips generated by future development (see Table 2.3) divided by total 2040 peak hour trips (see Table 2.4). That calculation is: 16,469 / 63,084 = 26.1%.

Cost per Peak Hour Trip
Table 7.2 calculates an average cost per peak hour trip by dividing new development’s share of costs from Table 7.1 by the number of peak hour trips added by new development from Table

2.3. Impact Fee per Unit of Development
In Table 7.3, impact fees per unit of development by development type are calculated using the cost per peak hour trip from Table 7.2 and the peak hour trips per unit from Table 2.1 Even though this analysis accounts for peak hour trips generated by development in the Public Facilities/Schools and Parks/Open Space categories, no impact fees are shown for those categories in Table 7.3 because the City cannot normally collect impact fees for those development types.

Table 7.1: Summary of Roads and Bridges Improvement Costs Improvement Project City New Dev New Dev
Type Cost Share % Cost Share
Street Projects 154,759,110$ 52,811,641$ 26.1% 13,787,498$ Bridge Projects 255,249,296$ 49,071,321$ 26.1% 12,811,015$ Freeway Interchange Projects 211,000,000$ 52,750,000$ 26.1% 13,771,405$ Total 621,008,406$ 154,632,962$ 26.1% 40,369,918$
Source: 2019 City of Indio Capital Improvement Program Cost Summary; see the appendix for a detailed list of projects and costs
Table 7.2: Cost per Peak Hour Trip
New Development Added Peak Cost per Peak
Cost Share 1 Hour Trips 2 Hour Trip 3
$40,369,918 16,469 $2,451.21
1 See Table 7.1
2 See Table 2.3
3 Cost per peak hour trip = new development cost share / added peak hour trips

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Projected Revenue
Table 7.4 projects revenue from the impact fees shown i n Table 7.3. The revenue projection assumes that future development occurs as forecasted in this study. Revenue is projected by applying the impact fee per unit from Table 7.3 to added units from Table 2.3 in Chapter 2.

Updating the Fees
The impact fees calculated in this chapter are based on the cost of planned road and bridge improvements. Over time those costs can change, so we recommend that these fees be reviewed periodically and adjusted if necessary to reflect actual costs.

Table 7.3: Roads and Bridges - Impact Fees per Unit
Development Cost per Pk Pk Hr Trips Impact Fee
Type Units 1 Hr Trip 2 per Unit 3 per Unit 4
Residential - Single Family DU $2,451.21 0.99 2,426.70$ Residential - Condo/Townhouse DU $2,451.21 0.56 1,372.68$ Residential - Apartment DU $2,451.21 0.56 1,372.68$
Residential - Mobile Home KSF $2,451.21 0.46 1,127.56$
Commercial Retail KSF $2,451.21 3.81 9,339.10$
Commercial - Office KSF $2,451.21 1.15 2,818.89$
Industrial KSF $2,451.21 0.63 1,544.26$
1 Units of development; DU = dwelling unit; KSF = 1,000 gross sq. feet of building area 2 See Table 7.2
3 Peak hour trips per unit; see Table 2.1
4 Cost per unit = cost per peak hour trip X peak hour trips per unit Table 7.4: Roads and Bridges Impact Fees - Projected Revenue Development Impact Fee Future Projected
Type Units 1 per Unit 2 Units 3 Revenue 4
Residential - Single Family DU 2,426.70$ 5,144 12,482,922$ Residential - Condo/Townhouse DU 1,372.68$ 1,991 2,732,999$ Residential - Apartment DU 1,372.68$ 2,556 3,508,561$
Residential - Mobile Home KSF 1,127.56$ 0 0$
Commercial Retail KSF 9,339.10$ 1,707 15,939,216$
Commercial - Office KSF 2,818.89$ 256 721,766$
Industrial KSF 1,544.26$ 817 1,261,215$
Total 36,646,678$
1 Units of development; DU = dwelling unit; KSF = 1,000 gross sq ft of building area 2 Impact fee per unit excluding administrative charge; see Table 7.3 3 See Table 2.3
4 Projected revenue = impact fee per unit X future units

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Nexus Summary
As discussed in Chapter 1 of this report, Section 66001 of the Mitigation Fee Act requires that an agency establishing, increasing or imposing impact fees, must make findings to:

Identify the purpose of the fee;
Identify the use of the fee; and,
Determine that there is a reasonable relationship between:
a. The use of the fee and the development type on which it is imposed; b. The need for the facility and the type of development on which the fee is imposed; and
c. The amount of the fee and the facility co st attributable to the development project.

Purpose of the Fee: The purpose of the impact fees calculated in this chapter is to p ay for new development’s proportionate share of the cost of providing roads and bridges improvements to serve development in Indio.

Use of the Fee. Impact fees calculated in this chapter will be used to pay for new development’s share of roads and bridges improvements needed to serve development in the City.

As provided by the Mitigation Fee Act, revenue from impact fees may also be used for temporary loans from one impact fee fund or account to another.

Reasonable Relationship between the Use of the Fee and the Development Type on Which It Is Imposed. The impact fees calculated in this chapter will be used to pay for new development’s proportional share of the cost of roads and bridges needed to serve development in Indio.

Reasonable Relationship between the Need for the Facilities and the Type of Development on Which the Fee Is Imposed. All new development generates traffic that impacts the City transportation system. The impact fees calculated in this chapter will pay for roads and bridges improvements needed to serve additional development in Indio through 2040.

Reasonable Relationship between the Amount of the Fee and the Facility Cost Attributable to the Development Project. The amount of the road and bridge impact fees calculated in this chapter depends on the number of peak hour trips per day associated with a particular project.

Thus, the fee charged to a development project reflects that project’s proportionate share of the cost of roads and bridges needed to serve development in the City.

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Chapter 8. Traffic Signals
This chapter calculates impact fees for traffic signal improvements in the City of Indio. The improvement costs used in the impact fee calculations are taken from the City’s Capital Improvement Program (CIP). A complete list of development -related CIP traffic signal projects and costs is contained in Appendix C to this report.

In this chapter, improvement costs are apportioned between existing and future development based on the number of peak hour trips contributed by each of those components at the point where all future development projected out to 2040 is built out. That approach means that impact fees will pay for only about 26% of the City’s cost for future traffic signal improvements.

Service Area
The service area for improvements addressed in this chapter is Indio’s General Plan planning area, including both the existing incorporated City and the sphere of influence.

Level of Service
The traffic signal improvements shown in the City’s CIP are those for which the City has projected a need and which are expected to meet signal warrants within the next 20 years.

Facility Needs
Table 8.1 summarizes the traffic signal improvement costs used to calculate impact fees in this chapter. The costs shown are the total project cost, the City’s share of the total costs and new development’s share of the City’s cost share. Only one of the signal projects in the CIP is projected to receive funding from an outside agency.

The percentage used to determine new development’s share of the City’s cost is calculated as the number of peak hour trips generated by future development (see Table 2.3) divided by total 2040 peak hour trips (see Table 2.4). That calculation is: 16,469 / 63,084 = 26.1%.

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Cost per Peak Hour Trip
Table 8.2 calculates an average cost per peak hour trip by dividing n ew development’s share of costs from Table 8.1 by the number of peak hour trips added by new development from Table

2.3. Impact Fee per Unit of Development
In Table 8.3, impact fees per unit of development by development type are calculated using the cost per peak hour trip from Table 8.2 and the peak hour trips per unit from Table 2.1 Even though this analysis accounts for peak hour trips generated by develo pment in the Public Facilities/Schools and Parks/Open Space categories, no impact fees are shown for those categories in Table 8.3 because the City cannot normally collect impact fees for those types of development.

Table 8.1: Summary of Traffic Signals Costs
Improvement Project City New Dev New Dev
Type Cost Share % Cost Share
Traffic Signal Projects $19,643,000 $19,071,300 26.1% $4,978,931 Source: 2019 City of Indio Capital Improvement Program Cost Summary; see the appendix for a detailed list of projects and costs
Table 8.2: Cost per Peak Hour Trip
New Development Added Peak Cost per Peak
Cost Share 1 Hour Trips 2 Hour Trip 3
$4,978,931 16,469 $302.31
1 See Table 8.1
2 See Table 2.3
3 Cost per peak hour trip = new development cost share / added peak hour trips

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Projected Revenue
Table 8.4 projects revenue from the impact fees shown in Table 8.3. The revenue projection assumes that future development occurs as forecasted in this study. Revenue is projected by applying the impact fee per unit from Table 8.3 to added units from Table 2.3 in Chapter 2.

Updating the Fees
The impact fees calculated in this chapter are based on the cost of planned traffic signals. Over time those costs can change, so we recommend that these fees be reviewed periodically and adjusted if necessary to reflect actual costs.

Table 8.3: Traffic Signals Impact Fees per Unit
Development Cost per Pk Pk Hr Trips Impact Fee
Type Units 1 Hr Trip 2 per Unit 3 per Unit 4
Residential - Single Family DU $302.31 0.99 299.29$
Residential - Condo/Townhouse DU $302.31 0.56 169.30$
Residential - Apartment DU $302.31 0.56 169.30$
Residential - Mobile Home KSF $302.31 0.46 139.06$
Commercial Retail KSF $302.31 3.81 1,151.82$
Commercial - Office KSF $302.31 1.15 347.66$
Industrial KSF $302.31 0.63 190.46$
1 Units of development; DU = dwelling unit; KSF = 1,000 gross sq. feet of building area 2 See Table 8.2
3 Peak hour trips per unit; see Table 2.1
4 Impact fee per unit = cost per peak hour trip X peak hour trips per unit Table 8.4: Traffic Signals Impact Fees - Projected Revenue Development Adj Impact Future Projected
Type Units 1 Fee per Unit 2 Units 3 Revenue 4
Residential - Single Family DU 299.29$ 5,144 1,539,552$ Residential - Condo/Townhouse DU 169.30$ 1,991 337,068$ Residential - Apartment DU 169.30$ 2,556 432,720$
Residential - Mobile Home KSF 139.06$ 0 0$
Commercial Retail KSF 1,151.82$ 1,707 1,965,826$
Commercial - Office KSF 347.66$ 256 89,017$
Industrial KSF 190.46$ 817 155,549$
Total 4,519,734$
1 Units of development; DU = dwelling unit; KSF = 1,000 gross sq ft of building area 2 See Table 8.3
3 See Table 2.3
4 Projected revenue = impact fee per unit X future units

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Nexus Summary
As discussed in Chapter 1 of this report, Section 66001 of the Mitigation Fee Act requires that an agency establishing, increasing or imposing impact fees, must make findings to:

Identify the purpose of the fee;
Identify the use of the fee; and,
Determine that there is a reasonable relationship between:
a. The use of the fee and the development type on which it is imposed; b. The need for the facility and the type of development on which the fee is imposed; and
c. The amount of the fee and the facility cost attributable to the development project.

Purpose of the Fee: The purpose of the impact fees calculated in this cha pter is to pay for new development’s proportionate share of the cost of providing traffic signals to serve development in Indio.

Use of the Fee. Impact fees calculated in this chapter will be used to pay for new development’s share of traffic signals needed to serve development in the City.

As provided by the Mitigation Fee Act, revenue from impact fees may also be used for temporary loans from one impact fee fund or account to another.

Reasonable Relationship between the Use of the Fee and theDevelopment Type on Which It Is Imposed. The impact fees calculated in this chapter will be used to pay for new development’s proportional share of the cost of traffic signals needed to serve development in Indio.

Reasonable Relationship between the Need for the Facilities and the Type of Development on Which the Fee Is Imposed. All new development generates traffic that impacts the need for traffic signals. The impact fees calculated in this chapter will pay for traffic signals needed to serve additional development in Indio through 2040.

Reasonable Relationship between the Amount of the Fee and the Facility Cost Attributable to the Development Project. The amount of the road and bridge impact fees calculated in this chapter depends on the number of peak h our trips per day associated with a particular project.

Thus, the fee charged to a development project reflects that project’s proportionate share of the cost of traffic signals needed to serve development in the City.

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AGENDA ITEM #11.4
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Chapter 9. Storm Drainage Improvements
This chapter calculates impact fees for improvements to Indio’s storm drainage system. The impact fees calculated in this chapter are based on the City’s Master Drainage Plan Update (MDPU) that was completed in November 2019 by Albert A. Webb Associates.

Methodology
The method used to calculate impact fees in this chapter is the plan -based method discussed in Chapter 1. That method calculates impact fees by allocating the cost of specific facili ties to the development served by those facilities. The City has an extensive system of existing storm drainage facilities. The MDPU identifies additional facilities needed both to correct some existing deficiencies and to accommodate future development.

In this chapter, the cost of drainage system improvements identified in the MDPU will be allocated to both existing and future development so that impact fees paid by future development are not used to pay for correcting deficiencies in the City’s existing stormwater drainage system.

Service Area
The area served by the drainage system outlined in the MDPU is the planning area identified in the City’s 2019 General Plan Update.

Level of Service
Level of service for storm drainage facilities is defined in large part by the size of storm the system is designed to handle without flooding. The design standards used in the MDPU are set forth in Chapter 1 of that document.

Demand Variable
A demand variable is some measurable attribute of development that is use d in impact fee calculation formulas to represent the impacts created by different types of development. The demand variable used in this chapter to calculate drainage impact fees is acres of impervious cover. Impervious cover refers to the portion of a de velopment site occupied by hard surfaces, such as roofs and paving that prevent absorption of stormwater by the soil and thereby increase runoff into drainage facilities.

Existing and Future Development
Tables 9.1 shows estimated acres of existing develop ment by development type, along with the estimated acres of impervious cover for each type of development. Acres of impervious cover by development type were estimated using factors from the MDPU, which are shown as “impervious cover %” in the table.

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Table 9.2 on the next page shows estimated acres of future development by development type, along with the estimated acres of impervious cover for each type of development.

Table 9.1 Existing Development - Acres by Impervious Cover Classification Classification/ Impervious Impervious
Development Type Acres 1 Cover % 2 Cover Acres 3
Open Space/Recreation/Horse Facilities 1,926 10% 192.6
Rural Residential 472 10% 47.2
Existing Parks 190 10% 19.0
Single-Family Residential 3,913 50% 1,956.5
Multi-Family Residential 220 75% 165.0
Mobile Home Parks 450 75% 337.5
Public Facilities 615 75% 461.3
Commercial 1,029 90% 926.1
Office 204 90% 183.6
Industrial 958 90% 862.2
Transportation/Communication/Utilities 4,954 90% 4,458.6 Total 14,931 9,609.6
1 2019 City of Indio General Plan, Table 3-1
2 See 2019 City of Indio Master Drainage Plan Update, page 1-11 3 Impervious cover acres = acres X impervious cover %

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Cost per Acre of Impervious Cover
Table 9.3 calculates the cost of drainage improve ments per acre of impervious cover. In that table, the estimated cost of drainage system improvements from the MDPU is divided by the total acres of impervious cover for existing and future development from Tables 9.1 and 9.2. The resulting cost per acre is used to calculate impact fees per acre by development type.

Table 9.2 Future Development - Acres by Impervious Cover Classification Classification/ Impervious Impervious
Development Type Acres 1 Cover % 2 Cover Acres 3
Parks and Open Space 3,004 10% 300.4
Festival District 667 10% 66.7
Desert Estate Neighborhood 1,800 10% 180.0
Suburban Neighborhood 8,591 50% 4,295.5
Resource Recovery 39 50% 19.5
Schools 7 50% 3.5
Connected Neighborhood 1,326 75% 994.5
Midtown 179 75% 134.3
Mixed Use Neighborhood 877 75% 657.8
Downtown 77 90% 69.3
Neighborhood Center 143 90% 128.7
Regional Commercial 530 90% 477.0
Public and Institutional 771 90% 693.9
Workplace Employment District 1,215 90% 1,093.5
Total 19,226 9,114.5
1 Acres of future development provided by the City of Indio and Albert A. Webb Associates, Master Drainage Plan Consultants
2 See 2019 City of Indio Master Drainage Plan, page 1-11 3 Impervious cover acres = acres X impervious cover %
Table 9.3: Cost per Acre of Impervious Cover
Estimated Cost of Total Acres of Cost per Acre of
MDP Improvements 1 Impervious Cover 2 Impervious Cover 3 $102,490,000 18,724.05 $5,473.71
1 Estimated cost of improvments from the City of Indio November 2019 Final Master Drainage Plan, page 6-1, including alternates 2 Total acres of existing and future impervious cover from Tables 9.1 and 9.2
3 Cost per acre of impervious cover = estimated cost of Master Drainage Plan improvements / total acres of existing and future impervious cover

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Impact Fees per Net Acre of Development
Table 9.4 shows the impact fee per net acre of development by development type. The development types in Table 9.4 are taken from the Master Drainage Plan Update and differ from the categories used for other impact fees in this study.

For each type of development in Table 9.4, the average improvement cost per acre of impervious cover is multiplied by the impervious cover percentage for that type of development to arrive at the impact fee per net acre of development. These impact fees should be applied to the entire net developed acreage of a project.

The impact fees calculated for the Parks and Open Space, Public and Institutional and Schools categories in Table 9.4 are shown for completeness. However, since those types of development are sponsored by public agencies, they produce no revenue to the City. Consequently, those categories do not appear in the revenue projections in the next section.

Table 9.4: Storm Drainage Impact Fees per Acre by Development Type Development Cost per Acre Impervious Impact Fee
Type Imperv Cover 1 Cover % 2 per Acre 3
Desert Estate Neighborhood $5,473.71 10% 547.37$
Suburban Neighborhood $5,473.71 50% 2,736.85$
Connected Neighborhood $5,473.71 75% 4,105.28$
Mixed Use Neighborhood $5,473.71 75% 4,105.28$
Midtown $5,473.71 75% 4,105.28$
Downtown $5,473.71 90% 4,926.34$
Festival District $5,473.71 10% 547.37$
Neighborhood Center $5,473.71 90% 4,926.34$
Regional Commercial $5,473.71 90% 4,926.34$
Workplace Employment District $5,473.71 90% 4,926.34$
Resource Recovery $5,473.71 50% 2,736.85$
Parks and Open Space $5,473.71 10% 547.37$
Public and Institutional $5,473.71 90% 4,926.34$
Schools $5,473.71 50% 2,736.85$
1 See Table 9.3
2 See 2019 City of Indio Master Drainage Plan, page 1-11 3 Impact fee per net developed acre = cost per acre of impervious cover X impervious cover %

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Projected Revenue
Table 9.5 projects the potential revenue from impact fees calculated in this chapter. These projections assume that future development occurs as forecasted in this study. Revenue is projected by applying the impact fee per acre from Table9.4 to acres of future development from Table 9.2.

Updating the Fees
The impact fees calculated in this chapter are based on estimated costs from the City’s 2019 Drainage Master Plan Update. We recommend that these fees be reviewed periodically and adjusted if necessary to reflect changes in costs. An index such as the Engineering News Record Construction Cost Index can be used for that purpose.

Nexus Summary
As discussed in Chapter 1 of this report, Section 66001 of the Mitigation Fee Act requires that an agency establishing, increasing or imposing impact fees, must make findings to:

Identify the purpose of the fee;
Identify the use of the fee; and,
Determine that there is a reasonable relationship between:
a. The use of the fee and the development type on which it is imposed; Table 9.5: Projected Revenue - Storm Drainage Impact Fees Development Acres of Impact Fee Projected
Type Future Dev 1 per Acre 2 Revenue 3
Desert Estate Neighborhood 1,800 547.37$ 985,268$
Suburban Neighborhood 8,591 2,736.85$ 23,512,317$
Connected Neighborhood 1,326 4,105.28$ 5,443,604$
Mixed Use Neighborhood 877 4,105.28$ 3,600,332$
Midtown 179 4,105.28$ 734,845$
Downtown 77 4,926.34$ 379,328$
Festival District 667 547.37$ 365,096$
Neighborhood Center 143 4,926.34$ 704,466$
Regional Commercial 530 4,926.34$ 2,610,959$
Workplace Employment District 1,215 4,926.34$ 5,985,501$ Resource Recovery 39 2,736.85$ 106,737$
Total 44,428,453$
1 See Table 9.2
2 See Table 9.4
3 Projected revenue = acres of future development X impact fee per acre

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b. The need for the facility and the type of development on which the fee is imposed; and
c. The amount of the fee and the facility cost attributable to the development project.

Satisfying those requirements also ensures that the f ees meet the “rational nexus” and “rough proportionality” standards enunciated in leading court decisions bearing on impact fees and other exactions. (For more detail, see “Legal Framework for Impact Fees” in Chapter 1.) The following paragraphs explain how the impact fees calculated in this chapter satisfy those requirements.

Purpose of the Fee: The purpose of the impact fees calculated in this chapter is to pay for new development’s proportionate share of the cost of providing drainage system im provements to serve development in Indio.

Use of the Fee. Impact fees calculated in this chapter will be used to pay for future drainage system improvements identified in the City of Indio 2019 Drainage Master Plan Update.

As provided by the Mitigation Fee Act, revenue from impact fees may also be used for temporary loans from one impact fee fund or account to another.

Reasonable Relationship between the Use of the Fee and the Development Type on Which It Is Imposed. The impact fees calculated in this cha pter will be used to pay for new development’s proportional share of the cost of drainage system improvements needed to serve all development in Indio.

Reasonable Relationship between the Need for the Facilities and the Type of Development on Which the Fee Is Imposed. All development generates runoff, including runoff from additional streets and sidewalks needed to serve new development. The impact fees calculated in this chapter will pay for new development’s proportionate share of drainage system improvem ents needed to serve development in Indio through 2040.

Reasonable Relationship between the Amount of the Fee and the Facility Cost Attributable to the Development Project. The amount of the drainage impact fees charged to a development project will depend on the acres of added impervious cover associated with that project. The fees per acre of development calculated in this chapter for each type of development are based on the estimated acres of impervious cover associated with that type of development.

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Chapter 10. Water System Improvements
This chapter calculates impact fees for improvements to the Indio Water Authority (IWA) water system. Much of the information used to calculate impact fees in this chapter is based on the IWA 2019 Master Plan Update by Hazen and Sawyer.

Service Area
IWA serves water to most of the City of Indio. The northwestern portion of the City (north of I - 10 and West of Madison Street) is served by the Coachella Valley Water District and small mutual water districts serve so me parts of the City, either from private wells or with water purchased from IWA. The impact fees calculated in this chapter will apply to those parts of the City served by IWA.

In this chapter, the cost of water system improvements identified in the 2019 IWA Master Plan Update which are needed to serve future development in the IWA service area will be allocated to future development based on average daily water demand.

Level of Service
Level of service for a water system involves a number of considerations r elated to water supply, water quality, water pressure, storage, and reliability. All of those factors are considered in the IWA 2019 Master Plan Update in determining what water system improvements will be needed to serve future development in the IWA service area.

Demand Variable
A demand variable is some measurable attribute of development that is used in impact fee calculation formulas to represent the impacts created by different types of development. The demand variable used in this chapter to alloca te improvement costs in the calculation of water impact fees is average daily water demand in gallons per day (GPD).

Water System Improvements
Table 10.1 on the next page lists the water system improvement projects needed to serve future development in the IWA service area and shows their costs. This list is taken from the IWA 2020- 21 to 2039 -40 Capital Improvement Program. The total estimated cost of all CIP projects was approximately $100 million at July 2019 price levels. The costs listed in Table 10.1 represent future development’s proportionate share of those costs. Those costs have been escalated to July 2021.

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Table 10.2 calculates the cost per gallon per day for the improvements shown in Table 10.1 by dividing the total cost of those improvements by the estimated development-related increase in average day water demand from Table 2.3 in Chapter 2.

Cost per Single-Family Dwelling Unit
Table 10.3 calculates the improvement cost per single-family dwelling unit by multiplying the cost per GPD from Table 10.2 by the gallons per day of water use for a single-family dwelling unit from Table 2.1 in Chapter 2.

In the next section impact fees are calculated based on meter size using a ¾” meter as the baseline. The average daily water use for a ¾ ‘’ meter is equated to the demand created by a single-family dwelling unit.

Table 10.1: Water System Improvements for Future Development Improvement Improvement
Project Cost
Indio Hills Main Zone 3.5 MG Reservoir 6,949,692$
New Main Zone Indio Hills Reservoir Pipeline 8,757,084$ Madison Avenue Pipe Looping 2,931,392$
Jefferson Street Pipe Looping 1 1,663,520$
Avenue 50 and Madison St Pipe Installation 2,853,836$
Calhoun Well Drilling and Equipping 3,934,000$
Madison and Monroe Pipe Looping 1,328,568$
Well 13B Equipping 1,150,976$
Wellhead Treatment - Hexavalent Chromium (DIF Share) 8,809,350$ Total 38,378,418$
Source: Indio Water Authority Capital Improvement Program; costs escalated by 12.4% from July 2019 based on the increase in the Engineering News Record Building Cost Index
Table 10.2: Cost per Gallon per Day (GPD)
New Development Added Water Cost per
Improvement Cost 1 Use (GPD) 2 GPD 3
$38,378,418 5,579,186 $6.88
1 See Table 10.1
2 Added water use in gallons per day (GPD) = 1,ooo,000 X added water water use in MGD from Table 2.3
3 Cost per GPD = new development improvement cost / added water use in GPD

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Impact Fees by Meter Size
Table 10.4 shows water impact fees by water meter size, starting with a ¾” meter. The impact fee for a ¾” meter is based on the cost per single -family dwelling unit (SFDU) from Table 10.3.

Water impact fees for larger meters are scaled up relative to the ¾” meter using fl ow factors based on meter capacity for the larger meters.

Projected Revenue
It is not possible to know what mix of meter sizes will be required by future development out to 2040, and since these impact fees are based on meter size, no revenue projection s are included here.

Table 10.3: Cost per Single Family Dwelling Unit
Average Day Demand Cost per Cost per SFDU
per SFDU (GPD) 1 GPD 2 (3/4" Meter) 3
580 $6.88 $3,990.40
1 Average day demand per single family dwelling unit (SFDU) from Table 2.1
2 See Table 10.2
3 Cost per single family dwelling unit with a 3/4"" meter = average day demand per SFDU in GPD X cost per GPD
Table 10.4: Water Impact Fees by Meter Size
Meter Capacity Flow Cost per 3/4" Impact
Size (GPM) 1 Factor 2 Meter Equiv 3 Fee 4
3/4" 30 1.00 $3,990.40 3,990.40$
1" 50 1.67 $3,990.40 6,650.67$
1-1/2" 100 3.33 $3,990.40 13,301.33$
2" 160 5.33 $3,990.40 21,282.13$
3" 350 11.67 $3,990.40 46,554.67$
4" 600 20.00 $3,990.40 79,808.00$
6" 1350 45.00 $3,990.40 179,568.00$
8" 1600 53.33 $3,990.40 212,821.33$
1 Meter capacity in gallons per minute based on data from the American Water Works Association (AWWA)
2 Flow factor = meter capacity /3/4" meter capacity
3 See Table 10.3; demand for one single family dwelling unit is equated to a 3/4" meter
4 Impact fee = flow factor X cost per 3/4" meter equivalent

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Updating the Fees
The impact fees calculated in this chapter are based on estimated costs from the IWA Capital Improvement Program. We recommend that these fees be reviewed periodically and adjusted, if necessary, to reflect changes in estimated costs.

Nexus Summary
As discussed in Chapter 1 of this report, Section 66001 of the Mitigation Fee Act requires that an agency establishing, increasing or imposing impact fees, must make findings to:

Identify the purpose of the fee;
Identify the use of the fee; and,
Determine that there is a reasonable relationship between:
a. The use of the fee and the development type on which it is imposed; b. The need for the facility and the type of development on which the fee is imposed; and
c. The amount of the fee and the facility cost attributable to the development project.

Satisfying those requirements also ensures that the fees meet the “rational nexus” and “rough proportionality” standards enunciated in leading court decisions bearing on impact fee s and other exactions. (For more detail, see “Legal Framework for Impact Fees” in Chapter 1.) The following paragraphs explain how the impact fees calculated in this chapter satisfy those requirements.

Purpose of the Fee: The purpose of the impact fees calculated in this chapter is to pay for new development’s proportionate share of the cost of providing water system improvements needed to serve new development served by the Indio Water Authority.

Use of the Fee. Impact fees calculated in this chapt er will be used to pay for water system improvements identified in the Indio Water Authority Capital Improvement Plan.

As provided by the Mitigation Fee Act, revenue from impact fees may also be used for temporary loans from one impact fee fund or account to another.

Reasonable Relationship between the Use of the Fee and the Development Type on Which It Is Imposed. The impact fees calculated in this chapter will be used to pay for water system improvements needed to serve new development served by the Indio Water Authority.

Reasonable Relationship between the Need for the Facilities and the Type of Development on Which the Fee Is Imposed. All new development requires water service. The impact fees calculated in this chapter will pay for the cost of water system improvements needed t o serve new development in Indio through 2040.

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Reasonable Relationship between the Amount of the Fee and the Facility Cost Attributable to the Development Project. The amount of the water impact fees charged to a development project will depend on the added water demand associated with that project, as reflected in the size(s) of the water meter(s) serving that project.

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Chapter 11. Administrative Fee
This chapter provides a cost -of-service analysis to substantiate an administrative fee that is added to each impact fee (see Executive Summary). This charge recovers the cost of accounting, reporting and other administrative activities required by the Mitigation Fee Act, as well as the cost of periodic updates to the impact fee study. The following table establishes a one percent Administration Fee for the impact fee program.

In 2017, NBS completed a Citywide Cost Allocation Plan (CAP) analysis for the City of Indio. CAP analyses are widely utilized by local governments nationwide for purposes of establishing a fair and reasonable allocation of centralized administrative costs to various funds, departments, and/or divisions within the organization that provide services to the public. Common applications of the results of a CAP analysis include use as a tool in recovering overhead costs from special and/or enterprise reven ue funds, calculating fully burdened hourly rates for use in billing or calculating fees for service, and recovering administrative costs from various grants or inter - agency funding agreements. In fact, use of a CAP analysis as a tool for justifying recove ry of administrative costs from impact fee funds was most recently supported by the Walker v. City of San Clemente decision made by the California Court of Appeals on August 28, 2015.

The table above includes the allocated costs of program administration as established by the CAP analysis, and the annualized costs of completing a comprehensive impact fee analysis every five years. The projected and annualized revenue assumptions were developed throughout the various chapters included in the body of this rep ort. Two percent of the impact fee amount is a widely implemented administrative fee in California for impact fee programs. A one percent fee for the City of Indio’s program is well within the range of similar fees charged for other California local government agencies.

Administrative Costs of the Impact Fee Program
Annual Administrative Costs for CIF funds 80,052$ [1]
Annualized Fee Study Costs 10,000$ [2]
Total Annual Costs 90,052$
Projected Revenue 196,591,936$ [3]
Annualized Revenue 9,361,521$ [4]
Fee Program Administration as Percent of Fees 1.00%
[1] Cost Allocation Plan 2017 prepared by NBS; costs adjusted annually by CPI to 2019 [2] Estimated and amortized cost of fee/nexus every five years, [3] Estimated revenue collected from impact fees through 2040/buildout [4] 21 year annualized revenue for analysis purposes

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Chapter 12. Implementation
This chapter of the report contains recommendations for adoption and administration of impact fees, and for the interpretation and application of the development impact fees and in -lieu fees calculated in this study. It was not prepared by an attorney and is not intended as legal advice.

Statutory requirements for the adoption and administration of fees imposed as a condition of development approval (impact fees) are found in the Mitigation Fee Act (Government Code Sections 66000 et seq.). Requirements for park land dedication and fees in lieu of dedication are governed by the Quimby Act (Government Code 66477).

Adoption
The form in which development impact fees are enacted should be determined by the City attorney. The spe cific requirements are different for impact fees under the Mitigation Fee Act, and for park land dedication and in-lieu fees under the Quimby Act. The latter requirements must be adopted by ordinance, and are subject to the same noticing and public hearing procedures as any ordinance.

Procedures for adoption of fees subject to the Mitigation Fee Act, including notice and public hearing requirements, are specified in Government Code Sections 66016 and 66018. It should be noted that Section 66018 refers to Government Code Section 6062a, which requires that the public hearing notice be published at least twice during the 10 -day notice period. Government Code Section 66017 provides that fees subject to the Mitigation Fee Act do not become effective until 60 days after final action by the governing body.

Actions establishing or increasing fees subject to the Mitigation Act require certain findings, as set forth in Government Code Section 66001 and discussed below and in Chapter 1 of this report.

Establishment of Fees . Pursuant to the Mitigation Fee Act, Section 66001(a), when an agency establishes fees to be imposed as a condition of development approval, it must make findings to:

1. Identify the purpose of the fee;

2. Identify the use of the fee; and

3. Determine how there is a reasonable relationship between:
a. The use of the fee and the type of development project on which it is imposed;
b. The need for the facility and the type of development project on which the fee is imposed
Examples of findings that could be used for impact fees calculated in this study are shown below.

The specific language of such findings should be provided by the City Attorney. A more complete discussion of the nexus for each fee can be found in individual chapters of this report.

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Sample Finding: Purpose of the Fee . The City Council finds that the purpose of the impact fees hereby enacted is to protect the public health, safety and welfare by requiring new development to contribute to the cost of public facilities needed to mitigate the impacts of new development.

Sample Finding: Use of the Fee. The City Council finds that revenue from the impact fees hereby enacted will be used to provide public facilities needed to mitigate the impacts of new development in the City and identified in the 2021 City of Indio Development Impact Fee Study by NBS. 1
Sample Finding: Reasonable Relationship: Based on analysis presented in the 2021 City of Indio Development Impact Fee Study by NBS, the City Council finds th at there is a reasonable relationship between:
a. The use of the fees and the types of development projects on which they are imposed; and,
b. The need for facilities and the types of development projects on which the fees are imposed.

Administration
The California Mitigation Fee Act (Government Code Sections 66000 et seq.) mandates procedures for administration of impact fee programs, including collection and accounting, reporting, and refunds. References to code sections in the follow ing paragraphs pertain to the California Government Code.

Imposition of Fees . Pursuant to the Mitigation Fee Act, Section 66001(a), when an agency imposes an impact fee upon a specific development project, it must make essentially the same findings adopted upon establishment of the fees to:

1. Identify the purpose of the fee;

2. Identify the use of the fee; and

3. Determine how there is a reasonable relationship between:
a. The use of the fee and the type of development project on which it is imposed;
b. The need for the facility and the type of development project on which the fee is imposed
1 According to Gov’t Code Section 66001 (a) (2), the use of the fee may be specified in a capital improvement plan, the General Plan, or other public documents that identify the public facilities for which the fee is charged.

The findings recommended here identify this impact fee study as the source of that information.

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Per Section 66001 (b), at the time when an impact fee is imposed on a specific development project, the City is also required to make a finding to determ ine how there is a reasonable relationship between:
c. The amount of the fee and the facility cost attributable to the development project on which it is imposed.

In addition, Section 66006 (f) provides that a local agency, at the time it imposes a fee for public improvements on a specific development project, "... shall identify the public improvement that the fee will be used to finance." The required notification could refer to the improvements identified in this study.

Section 66020 (d) (1) requir es that the agency, at the time it imposes an impact fee, provide a written statement of the amount of the fee and written notice of a 90 -day period during which the imposition of the fee can be protested. Failure to protest imposition of the fee during t hat period may deprive the fee payer of the right to subsequent legal challenge.

Section 66022 (a) provides a separate procedure for challenging the establishment of an impact fee. Such challenges must be filed within 120 days of enactment.

Collection of Fees. Section 66007 (a) provides that a local agency shall not require payment of fees by developers of residential projects prior to the date of final inspection, or issuance of a certificate of occupancy, whichever occurs first.

However, "utility service fees" (not defined) may be collected upon application for utility service.

In a residential development project of more than one dwelling unit, Section 66007 (a) allows the agency to choose to collect fees either for individual units or for phases upon final inspection, or for the entire project upon final inspection of the first dwelling unit completed.

Section 66007 (b) provides two exceptions when the local agency may require the payment of fees from developers of residential projects at an earlier time: (1) when the local agency determines that the fees “will be collected for public improvements or facilities for which an account has been established and funds appropriated and for which the local agency has adopted a proposed construction schedule or plan prior to final inspection or issuance of the certificate of occupancy” or (2) the fees are “to reimburse the local agency for expenditures previously made.”
Statutory restrictions on the time at which fees may be collected do not apply to non-residential development.

Notwithstanding the foregoing restrictions, many cities routinely collect impact fees for all facilities at the time building or grading permits are issued and builders often find it convenient to pay the fees at that time.

In cases where the fees are not collected upon issuance of building permits, Sections 66007 (c) (1) and (2) provide that the City may require the property owner to execute a contract to pay the fee, and to record that contract as a lien against the property until the fees are paid.

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Earmarking and Expenditure of Fee Revenue. Section 66006 (a) mandates that fees be deposited “with other fees for the improvement in a separate capital facilities account or fund in a manner to avoid any commingling of the fees with other revenues and funds of the local agency, except for temporary investments, and expend those fees solely for the purpose for which the fee was collected.” Section 66006 (a) also requires that interest earned on the fee revenues be placed in the capital account and used for the same purpose.

The language of the law is not clear as to whether depositing fees "with other fees for the improvement" refers to a specific capital improvement or a class of improvements (e.g., street improvements).

We are not aware of any municipality that has interpreted that language to mean that funds must be segregated by individual projects. And, as a practical matter, that approach would be unworkable in any event because it would mean that no pay -as-you-go proj ect could be constructed until all benefiting development had paid the fees. Common practice is to maintain separate funds or accounts for impact fee revenues by facility category (i.e., streets, park improvements), but not for individual projects.

Impact Fee Exemptions, Reductions, and Waivers . In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees.

If a project has characteristics that will make its impacts on a particular public facility or infrastructure system significantly and permanently smaller than the average impact used to calculate impact fees in this study, the fees should be reduced accordingly. Per Section 66001 (b), there must be a reasonable relationship between the amount of the fee and the cost of the public facility attributable to the development on which the fee is imposed. The fee reduction is required if the fee is not proportional to the impact of the development on relevan t public facilities.

In some cases, the agency may desire to voluntarily waive or reduce impact fees that would otherwise apply to a project as a way of promoting goals such as affordable housing or economic development. Such a waiver or reduction may notresult in increased costs to other development projects, so the effect of such policies is that the lost revenue must be made up from sources other than impact fees.

Credit for Improvements Provided by Developers. If the City requires a developer, as a condition of project approval, to dedicate land or construct facilities or improvements for which impact fees are charged, the City should ensure that the impact fees are adjusted so that the overall contribution by the developer does not exceed the impact created by the development.

In the event that a developer voluntarily offers to dedicate land, or construct facilities or improvements in lieu of paying impact fees, the City may accept or reject such offers, and may negotiate the terms under which such an offer would be accepted. Excess contributions by a developer may be offset by reimbursement agreements.

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Credit for Existing Development. If a project involves replacement, redevelopment or intensification of previously existing development, impact fee s should be applied only to the portion of the project that represents a net increase in demand for relevant City facilities, applying the measure of demand used in this study to calculate that particular impact fee.

Annual Report. Section 66006 (b) (1) requires that once each year, within 180 days of the close of the fiscal year, the local agency must make available to the public the following information for each separate account established to receive impact fee revenues:

1. A brief description of the type of fee in the account or fund;

2. The amount of the fee;

3. The beginning and ending balance of the account or fund;

4. The amount of the fees collected and interest earned;

5. Identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the percentage of the cost of the public improvement that was funded with fees;

6. Identification of the approximate date by which the construction of a public improvement will commence, if the City determines sufficient funds have been collected to complete financing of an incomplete public improvement;

7. A description of each inter-fund transfer or loan made from the account or fund, including interest rates, repayment dates, and a description of the improvement on which the transfer or loan will be expended;

8. The amount of any refunds or allocations made pursuant to Section 66001, paragraphs (e) and (f).

The annual report must be reviewed by the City Council at its next regularly scheduled public meeting, but not less than 15 days after the statements are made public, per Section 66006 (b) (2).

Refunds under the Mitigation Fee Act. Prior to 1996, The Mitigation Fee Act required that a local agency collecting impact fees was required to expend or commit impact fee revenue within five years, or make findings to justify a continued need for the money. Otherwise, those funds had to be refunded. SB 1693, adopted in 1996 as an amendment to the Mitigation Fee Act, changed that requirement in material ways.

Now, Section 66001 (d) requires that, for the fifth fiscal year following the first deposit of any impact fee revenue into an account or fund as required by Section 66006 (b), and every five years thereafter, the local agency shall make all of the followin g findings for any fee revenue that remains unexpended, whether committed or uncommitted:

1. Identify the purpose to which the fee will be put;

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2. Demonstrate the reasonable relationship between the fee and the purpose for which it is charged;

3. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements for which impact fees are to be used;

4. Designate the approximate dates on which the funding necessary to complete financing of those improvements will be deposited into the appropriate account or fund.

Those findings are to be made in conjunction with the annual reports discussed above. If such findings are not made as required by Section 66001, the local agency could be required to refund the moneys in the account or fund, per Section 66001 (d).

Once the agency determines that sufficient funds have been collected to complete financing on incomplete improvements for which impact fee revenue is to be used, it must, within 180 days of that determination, iden tify an approximate date by which construction of the public improvement will be commenced (Section 66001 (e)). If the agency fails to comply with that requirement, it must refund impact fee revenue in the account according to procedures specified in Section 66001 (d).

Refunds under the Quimby Act. The Quimby Act, Section a.(6)(A) requires that a City, County or other agency to which park land or in -lieu fees are conveyed or paid shall develop a schedule “specifying how, when and where it will use the land or fees or both to develop park or recreational facilities to serve residents of the subdivision…. Any fees collected under the ordinance shall be committed within five years after the payment of the fees or the issuance of building permits on one -half of the lots created by the subdivision, whichever occurs later. Any fees not committed within five years must be refunded.

Annual Update of the Capital Improvement Plan . Section 66002 (b) of the Mitigation Fee Act provides that if a local agency adopts a ca pital improvement plan to identify the use of impact fees, that plan must be adopted and annually updated by a resolution of the governing body at a noticed public hearing. The alternative, per Section 66001 (a) (2) is to identify improvements by applicable general or specific plans or in other public documents.

In most cases, the CIP identifies projects for a limited number of years and may not include all improvements needed to serve future development covered by the impact fee study. We recommend that the City Council cite this development impact fee study as the public document identifying the use of the fees.

Indexing of In -Lieu/Impact Fees . Where impact fees calculated in this report are based on current costs, those costs should, if possible, be adjusted periodically to account for changes in the cost of facilities or other capital assets that will be funded by the impact fees. That adjustment is intended to account for escalation in costs for land, construction, vehicles and other relevant capital assets. We recommend the Engineering News Record Building Cost Index as the primary basis for indexing construction costs. Where land costs are covered by an impact fee or in-lieu fee, land costs should be adjusted based on changes in local land prices.

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Training and Public Information
Effective administration of an impact fee program requires considerable preparation and training. It is important that those responsible for collecting the fees, and for explaining them to the public, understand both the details of the fee program and its supporting rationale.

Before fees are imposed, a staff training workshop is highly desirable if more than a handful of employees will be involved in collecting or accounting for fees.

It is also useful to pay close attention to handouts that provide information to the public regarding impact fees. Impact fees should be clearly distinguished from other fees, such as user fees for application processing, and the purpose and use of particular impact fees should be made clear.

Finally, anyone responsible for accounting, capital budgeting, or project management for projects involving impact fees must be fully aware of the restrictions placed on the expenditure of impact fee revenues. Some fees recommended in this reportare tied to specific improvements and cost estimates. Fees must be expended accordingly and the City must be able to show that funds have been properly expended.

Recovery of Study Costs and Administrative Costs
To recover the cost of periodic impact fee u pdate studies and ongoing staff costs for managing those updates and preparing annual reports and five -year updates required by the Mitigation Fee Act, an administrative charge may be added to the impact fees calculated in this report.

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APPENDIX A
Comparative Fee Survey – Development Impact Fees
Prepared by NBS for the City of Indio

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Development Impact Fee Study 2019
Fee Comparison
1 Roads & Bridge Crossing Transportation Transportation Streets, Traffic Signals and Bridges

RESIDENTIAL
SFD per DU $ 1,374 $ 2,451 $ 2,842 $ 7,867 $ 2,165 Condo/Townhouse per DU $ 816 $ 1,386 $ 1,745 $ 4,847 $ 2,891 Mobile Homes per DU $ 816 $ 1,139 no comparison available no comparison available $ 2,265 Apartment per DU $ 844 $ 1,386 $ 1,745 $ 4,847 $ 2,891

COMMERCIAL
Office per KSF $ 1,520 $ 2,847 $ 4,645 $ 12,784 $ 4,670 Retail per KSF $ 3,827 $ 9,432 $ 5,679 $ 10,747 $ 4,670 Industrial per KSF $ 1,000 $ 1,560 $ 5,679 $ 1,686 $ 2,830 2 Traffic Signal Street Maint Fac. Streets and Trans. Streets, Traffic Signals and Bridges

RESIDENTIAL
SFD per DU $ 262 $ 302 $ 116 $ 2,686 $ 2,165 Condo/Townhouse per DU $ 155 $ 171 $ 71 $ 1,391 $ 2,891 Mobile Homes per DU $ 155 $ 140 no comparison available no comparison available $ 2,265 Apartment per DU $ 161 $ 171 $ 116 $ 1,391 $ 2,891

COMMERCIAL
Office per KSF $ 386 $ 351 $ 190 $ 4,365 $ 4,670 Retail per KSF $ 971 $ 1,163 $ 232 $ 3,693 $ 4,670 Industrial per KSF $ 254 $ 192 $ 232 $ 2,998 $ 2,830 3 Public Building Fee [3]

RESIDENTIAL
SFD per DU $ 1,979 $ 1,968 $ 1,415 $ 3,679 $ 2,935 $ 1,881 Condo/Townhouse per DU $ 1,546 $ 1,739 $ 1,269 $ 2,878 $ 2,466 $ 1,630 Mobile Homes per DU $ 1,546 $ 1,837 no comparison available no comparison available no comparison available $ 1,080 Apartment per DU $ 1,299 $ 1,739 $ 1,269 $ 2,878 $ 2,466 $ 1,630

COMMERCIAL
Office per KSF $ 142 $ 2,109 $ 373 $ 745 $ 235 "No Fee" Retail per KSF $ 625 $ 2,887 $ 373 $ 571 $ 179 "No Fee" Industrial per KSF $ 649 $ 773 $ 373 $ 277 $ 93 "No Fee" 4 Fire Facility

RESIDENTIAL
SFD per DU $ 205 $ 505 $ 433 $ 451 $ 1,750 $ 362 Condo/Townhouse per DU $ 148 $ 446 $ 206 $ 354 $ 1,470 $ 207 Mobile Homes per DU $ 148 $ 472 no comparison available no comparison available no comparison available $ 760 Apartment per DU $ 125 $ 446 $ 206 $ 354 $ 1,470 $ 207

COMMERCIAL
Office per KSF $ 14 $ 541 $ 171 $ 845 $ 502 $ 80 $ 220 Retail per KSF $ 60 $ 741 $ 172 $ 647 $ 381 $ 80 $ 210 Industrial per KSF $ 62 $ 198 $ 172 $ 314 $ 199 $ 110 $ 220 City of La Quinta [2] Fee Type /
Unit
no comparison available
no comparison available no comparison available
no comparison available
City of Indio Comparative Agencies
City of Coachella [1,5,7] City of Desert Hot Springs [6,8] City of Palm DesertFee No. Fee Description Current Fee City of Rancho Mirage Proposed Fee no comparison available
no comparison available
no comparison available
$709 per unit - low density
$306 per unit - medium density
$182 per unit - high density
no comparison available
no comparison available no comparison available
NBS - Local Government Solutions
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Development Impact Fee Study 2019
Fee Comparison
City of La Quinta [2] Fee Type /
Unit
City of Indio Comparative Agencies
City of Coachella [1,5,7] City of Desert Hot Springs [6,8] City of Palm DesertFee No. Fee Description Current Fee City of Rancho Mirage Proposed Fee 5 Park & Recreation [4]

RESIDENTIAL
SFD per DU $ 4,227 $ 2,972 $ 2,048 $ 2,180 $ 7,857 $ 1,881 Condo/Townhouse per DU $ 3,303 $ 2,625 $ 2,048 $ 1,705 $ 1,679 $ 1,630 Mobile Homes per DU $ 3,303 $ 2,774 no comparison no comparison no comparison $ 1,080 Apartment per DU $ 2,774 $ 2,625 $ 2,048 $ 1,705 $ 1,679 $ 1,630

COMMERCIAL
Office per KSF $ - $ - Retail per KSF $ - $ - Industrial per KSF $ - $ - 6 Police Facility

RESIDENTIAL
SFD per DU $ 930 $ 1,289 $ 307 $ 362 Condo/Townhouse per DU $ 672 $ 1,138 $ 307 $ 1,652 Mobile Homes per DU $ 672 $ 1,203 no comparison available no comparison available Apartment per DU $ 565 $ 1,138 $ 257 $ 378

COMMERCIAL
Office per DU $ 62 $ 1,381 $ 31 Retail per DU $ 272 $ 1,890 $ 23 Industrial per DU $ 282 $ 506 $ 12 $ 700 7 Storm Drain Facility Fee

RESIDENTIAL
SFD per acre $ 8,961 $ 2,764 $789 per DU Condo/Townhouse per acre $ 11,201 $ 4,146 $460.59 per DU Mobile Homes per acre $ 11,201 $ 2,764 $132.63 per DU Apartment per acre $ 15,682 $ 4,146 $461 per DU

COMMERCIAL
Office per acre $ 20,162 $ 4,976 $ 8,712 Retail per acre $ 20,162 $ 4,976 $ 8,712 Industrial per acre $ 20,162 $ 4,976 $ 6,970 [Notes]
1 Coachella: Commercial rates were included as "Retail". 2 La Quinta Development Impact Fee rate increase went to Council on October 1, 2019. Increase has not been implemented as of December 13, 2019. 3 La Quinta Public Building Residential includes fee components for Civic Center, Libraries, and Community Centers. 4 Rancho Mirage Public Building Residential includes fee components for General Gov't Facilities, Park and Rec Facilities, and Library Facilities. 5 Coachella Public Building Residential includes fee components for General Gov't and Library. 6 Desert Hot Springs Public Building Residential includes fee components for Community Centers and Aquatic Center Facilities. 7 Coachella Park & Recreation Residential includes fee components for Park and Improvement and Park Land. 8 Desert Hot Springs Park & Recreation Residential includes fee components for Community Centers and Aquatic Center Facilities. no comparison available no comparison available
no comparison available
n/a n/a n/a n/a
no comparison available
no comparison available
no comparison available no comparison available no comparison available no comparison available no comparison available no comparison available n/a
no comparison available
$ 4,490 no comparison available no comparison available
no comparison available
NBS - Local Government Solutions
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Comparative Fee Survey – Water Development Impact Fees

APPENDIX B

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AGENDA ITEM #11.4
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Water Development Impact Fee Study 2019
Fee Comparison
Water Development Impact Fee
1 Meter Size
(inches) Coachella Valley Water District Coachella Valley Water District Coachella Valley Water District Mission Springs Water District Desert Water Agency Desert Water Agency 3/4" per meter $ 4,355 $ 4,030 Residential: $3,600 Commercial: $4,240
Residential: $3,600
Commercial: $4,240
Residential: $3,600
Commercial: $4,240 $ 4,353 $ 2,055 $ 2,055 1" per meter $ 7,403 $ 6,717 Residential: $3,910 Commercial: $4,600
Residential: $3,910
Commercial: $4,600
Residential: $3,910
Commercial: $4,600 $ 7,270 $ 2,135 $ 2,135

1.5" per meter $ 13,064 $ 13,434 Residential: $4,790 Commercial: $5,650
Residential: $4,790
Commercial: $5,650
Residential: $4,790
Commercial: $5,650 $ 14,495 $ 2,330 $ 2,330 2" per meter $ 23,080 $ 21,495 Residential: $4,940 Commercial: $5,800
Residential: $4,940
Commercial: $5,800
Residential: $4,940
Commercial: $5,800 $ 23,201 $ 3,935 $ 3,935 3" per meter $ 46,596 $ 47,020 $ 43,530 4" per meter $ 72,724 $ 80,606 $ 72,565 6" per meter $ 74,683 $ 181,364 $ 145,085 8" per meter $ 75,642 $ 214,950 no comparison [Notes]
1 Served by Coachella Valley Water District.
2 Served by Desert Water Agency.
3 A fee of $70 per foot of the frontage of the property applies to all new water connections. This serves as reimbursement for the cost of the main.

Comparative Agencies [1]
City of La Quinta -
CVWD [1]
City of Desert Hot Springs -
MSWD and DWA
Varies depending on project Varies depending on project Varies depending on project City of Rancho Mirage -
CVWD [1]
City of Coachella -
CVWD and CWA [1]
City of Palm Desert -
DWA [2,3]
City of Desert Hot Springs -
DWA [2,3]
City of Indio
Fee
No. Fee Description Fee Type /
Unit Current Fee Proposed Fee
no comparison no comparison
NBS - Local Government Solutions
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APPENDIX C
City of Indio CIP Roads and Bridges Improvements and Costs

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APPENDIX C
Project # Project Title/Description Project Total Cost City of Indio Shares Street Projects
ST503C Madison Street Improvements from Highway 111 to Avenue 48 2,928,200.00$ 732,050.00$ ST1202 Shields Road Connection South of Highway 111 633,600.00$ 633,600.00$ ST1506P Jackson Street Widening from Odlum Drive to Avenue 50 2,926,000.00$ 731,500.00$ ST1507P Avenue 50 Widening from Jefferson Street to Eastern City Limits 36,575,000.00$ 9,143,750.00$ ST1508P Clinton Street Widening from Miles Avenue to De Oro Avenue 1,463,000.00$ 1,463,000.00$ ST1509P Avenue 44 Widening from Apache Street to Golf Center Parkway 2,926,000.00$ 731,500.00$ ST1604P Burr Street Improvements from Avenue 42 to Avenue 43 213,598.00$ 213,598.00$ ST1605P Youngs Lane Improvements from Highway 111 to Sandels Court 226,853.00$ 226,853.00$ ST1607P Adams Street Improvements from Avenue 38 to Avenue 40 2,048,200.00$ -$ ST1608P Avenue 38 Improvements from Adams Street to Madison Street 3,657,500.00$ 3,657,500.00$ ST1609P Avenue 40 Widening from Varner Road to Jefferson Street 4,096,400.00$ 4,096,400.00$ ST1612P Dillon Road Widening from Avenue 44 to Northern City Limits 2,870,406.00$ 717,601.50$ ST1616P Highway 111 Median Landscaping Improvements 501,600.00$ 501,600.00$ ST1702P Madison Street Improvements from Avenue 38 to Avenue 40 1,463,000.00$ 1,463,000.00$ ST1708P Madison Street Connection from Fred Waring Drive to Miles Avenue 33,571,461.00$ 8,392,865.25$ ST1709P Madison Street Widening from Indio Boulevard to Paludosa Drive 1,463,000.00$ 1,463,000.00$ ST1711P Jackson Street Widening from Interstate 10 to Avenue 44 2,700,698.00$ 675,174.50$ ST1712P Indio Boulevard Widening from the Interstate 10 Interchange to Jefferson Street 1,024,100.00$ 256,025.00$
ST1714P Jefferson Street Improvements from Avenue 38 to Avenue 39 2,926,000.00$ 731,500.00$ ST1716P Avenue 44 Improvements from Golf Center Parkway to Dillon Road 6,030,486.00$ 1,507,621.50$ ST1802P Monroe Street Widening from Colby Way to Avenue 42 1,463,000.00$ 365,750.00$ ST1804P Avenue 42 Widening from Clinton Street to Monroe Street 4,389,000.00$ 1,097,250.00$ ST1806P Avenue 42 Widening from Monroe Street to Jackson Street 5,852,000.00$ 1,463,000.00$ ST1808P Varner Road/Avenue 42 Widening from Jefferson Street to Clinton Street 16,612,365.00$ 4,153,091.25$
CIP Roads and Bridges Improvements and Costs
NBS - Local Government Solutions
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APPENDIX C
Project # Project Title/Description Project Total Cost City of Indio Shares CIP Roads and Bridges Improvements and Costs
ST1811P Jefferson Street Widening from Avenue 40 to Varner Road 5,648,643.00$ 1,412,160.75$ ST1812P Avenue 40 Improvements from Jefferson Street to Madison Street 1,760,000.00$ 1,760,000.00$ ST1813P Monroe Street Widening from Interstate 10 to Avenue 44 1,529,000.00$ 382,250.00$ ST1815P Oasis Street Improvements from Indio Boulevard to Avenue 48 1,760,000.00$ -$ ST1816P Golf Center Parkway Widening from Avenue 45 to Highway 111 880,000.00$ 220,000.00$ ST1901P Jackson Street Improvements from Desert Trace Way to Avenue 42 528,000.00$ 528,000.00$ ST1902P Hjorth Street Improvements from Avenue 49 to Avenue 50 792,000.00$ 792,000.00$ ST1903P Van Buren Street Widening from Indio Boulevard to Avenue 48 836,000.00$ 836,000.00$ ST1904P Doctor Carreon Boulevard Street Improvements from Jackson Street to Van Buren Street 1,936,000.00$ 1,936,000.00$
ST1905P Clinton Street Improvements from Indio Boulevard to Fred Waring Drive 528,000.00$ 528,000.00$
34 154,759,110$ 52,811,641$
Bridge Projects
BR0109 Jackson Street Bridge over the Coachella Valley Storm Water Channel Seismic Retrofit 2,770,644.80$ -$
BR0801 Indio Boulevard Northbound Bridge over the Coachella Valley Storm Water Channel Seismic Retrofit and Scour Protection 3,199,131.32$ -$ BR0802 Indio Boulevard Southbound Bridge over the Coachella Valley Storm Water Channel Scour Countermeasures 541,120.00$ -$
BR1101 Avenue 44 Bridge over the Coachella Valley Storm Water Channel 19,230,000.00$ 551,421.00$ BR1601P Avenue 42 Bridge over the All American Canal Widening 11,704,000.00$ 2,926,000.00$ BR1602P Monroe Street Bridge over the All American Canal Replacement 17,556,000.00$ 17,556,000.00$ BR1606P Indio Boulevard Northbound Bridge over Union Pacific Railroad Replacement 14,630,000.00$ -$
BR1607P Indio Boulevard Southbound Bridge over Union Pacific Railroad Replacement 14,630,000.00$ -$
BR1608P Jackson Street Bridge over Indio Boulevard and Union Pacific Railroad Replacement 43,890,000.00$ -$
BR1612P Monroe Street Bridge over Indio Boulevard and Union Pacific Railroad Widening 14,630,000.00$ -$
BR1701P Madison Street Bridge over Interstate 10 73,150,000.00$ 18,287,500.00$ BR1705P Golf Center Parkway Bridge over Indio Boulevard and Union Pacific Railroad Widening 14,960,000.00$ 3,740,000.00$
BR1706P Avenue 44 Bridge over the All American Canal Wasteway 3 Widening 1,760,000.00$ 440,000.00$ NBS - Local Government Solutions
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APPENDIX C
Project # Project Title/Description Project Total Cost City of Indio Shares CIP Roads and Bridges Improvements and Costs
BR1707P Dillon Road Bridge over the All American Canal Widening 3,520,000.00$ 880,000.00$ BR1708P Indio Boulevard Bridge over the Coachella Valley Storm Water Channel Deck Lights 70,400.00$ 70,400.00$
BR1709P Fred Waring Drive Bridge over the Coachella Valley Storm Water Channel Bearing Pad Replacement and Hinge Rehabilitation 528,000.00$ -$ BR1801P Avenue 42 Bridge over the Thousand Palms Canyon Wash 18,480,000.00$ 4,620,000.00$ 17 255,249,296.12$ 49,071,321.00$
Freeway Interchange Projects
ST0801 Monroe Street and Interstate 10 Interchange Widening 101,000,000.00$ 25,250,000.00$ ST0701 Jackson Street and Interstate 10 Interchange Widening 110,000,000.00$ 27,500,000.00$ 2 211,000,000$ 52,750,000$
Traffic Signal Projects
TS1605P Avenue 50 and Jackson Street Traffic Signal Installation 400,000.00$ 100,000.00$ TS1606P Avenue 48 and Oasis Street Traffic Signal Installation 400,000.00$ 400,000.00$ TS1701P Traffic Signal Central Master Upgrade at City Yard -$ -$ TS1702P Fred Waring Drive Traffic Signal Interconnect from Jefferson Street to Monroe Street 457,600.00$ 457,600.00$
TS1703P Jefferson Street Traffic Signal Interconnect from Indio Boulevard to Avenue 48 543,400.00$ 271,700.00$
TS1704P Citywide Upgrade of Safety Lights at Traffic Signals 528,000.00$ 528,000.00$ TS1705P Citywide Upgrade of Internally Illuminated Street Name Signs at Traffic Signals 633,600.00$ 633,600.00$
TS1707P Citywide Annual Traffic Signal Installation Program 15,800,400.00$ 15,800,400.00$ TS1709P Indio Boulevard Traffic Signal Interconnect Installation 880,000.00$ 880,000.00$ 9 19,643,000.00$ 19,071,300.00$
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City of Indio Vehicle and Equipment Inventory

APPENDIX D

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APPENDIX D
Asset # Year Description Make Model Cost
217 2002 Golf Cart EZ-GO Western Golf Car 6,884.00$
265 1997 Police SWAT General Motors PE 105,000.00$
297 1991 Trailer Safety Checkpoint with Generator Vintage Utility Trailer 4,006.00$ 340 2004 Police Administrative Ford Crown Victoria 28,600.00$ 354 2003 Police Patrol Ford Crown Victoria 24,132.00$
365 2000 Police Patrol Chevrolet IMPALA 19,433.42$
509 2004 Police Patrol Ford Crown Victoria 24,995.00$
510 2004 Police Patrol CHIP Ford Crown Victoria 24,995.00$ 511 2005 Police Patrol CHIP Ford Explorer 36,806.00$
624 2005 Police Patrol Ford Crown Victoria 23,894.00$
625 2005 Police Patrol Ford Crown Victoria 23,894.00$
626 2005 Police Patrol Ford Crown Victoria 23,894.00$
648 2006 Police SWAT Ford F-350 37,420.56$
651 2006 Police Patrol Ford Crown Victoria 37,959.00$
673 2007 Police Patrol CHIP Ford Ranger 20,005.00$
674 2007 Police Code Enforcement Ford F-150 38,194.00$
678 2007 Police Detective Ford Crown Victoria 24,937.00$ 679 2007 Police Detective Ford Crown Victoria 24,937.00$ 680 2006 Police Detective Ford Crown Victoria 24,937.00$ 682 2007 Police Detective Ford F-150 22,630.07$
690 2007 Police Patrol Ford Crown Victoria 25,125.56$
691 2007 Police Code Enforcement Ford F-150 22,630.07$
700 2007 Police Detective Ford Crown Victoria 22,520.74$ 745 2006 Police Code Enforcement Graffiti Ford E450 138,245.41$ 749 2008 Police Detective Ford Crown Victoria 22,452.00$ 750 2008 Police Detective Ford Crown Victoria 22,452.00$ 751 2008 Police Detective Ford Crown Victoria 22,452.00$ 753 2008 Police Detective Ford Crown Victoria 22,452.00$ 763 2007 Police Traffic Safety Honda Motorcycle 25,167.87$ 764 2007 Police Traffic Safety Honda Motorcycle 25,167.87$ 765 2007 Police Traffic Safety Honda Motorcycle 28,211.67$ 767 2007 Police Traffic Safety Honda Motorcycle 25,839.35$ 789 2007 Police Detective Ford Crown Victoria 26,717.05$ 791 2008 All Terrain Vehicle 4 – WD Kawasaki Mule 3010 KAF950E8 10,274.00$ 792 2008 All Terrain Vehicle 4 – WD Kawasaki Mule 3010 KAF950E8 10,274.00$ 793 2008 Police Patrol Ford Crown Victoria 35,462.22$
795 2008 Police Patrol Ford Crown Victoria 23,717.63$
820 2008 Solar Programmable Message Board with Radar Traffic Advisor 96L SOLAR 19,384.22$ 833 2008 Police Patrol Ford Crown Victoria 36,138.45$
851 2008 Police Detective Ford Crown Victoria 29,477.71$ 891 2009 Police Detective Ford Expedition (SSV) 4X4 27,842.73$ 907 2009 Police Patrol Ford Police Interceptor 33,769.29$ 909 2009 Police Detective Ford Expedition (SSV) 4X4 48,471.31$ 910 2009 Police Patrol Ford Police Interceptor 29,090.24$ 915 2008 Police Patrol Ford Police Interceptor 44,840.43$ 938 2010 Police Patrol Ford Police Interceptor 43,965.51$ 944 2010 Police Patrol Ford Police Interceptor 43,113.20$ Police
City of Indio Vehicle and Equipment Inventory
NBS - Local Government Solutions
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APPENDIX D
City of Indio Vehicle and Equipment Inventory
Asset # Year Description Make Model Cost
950 2010 Police Detective Ford Crown Victoria 38,610.50$ 958 2010 Police Patrol Ford Crown Victoria 23,772.54$
991 2010 Police Code Enforcement Ford F-150 46,728.89$
992 2010 Police Code Enforcement Ford F-150 47,947.09$
993 2010 Police Code Enforcement Ford F-150 47,947.09$
1062 2014 Police Detective Ford Fusion 48,519.70$
1094 2014 Police Code Enforcement Ford Police Interceptor 61,766.74$ 1095 2014 Police Code Enforcement Ford Police Interceptor 61,747.74$ 1103 2014 Police Patrol Ford Police Interceptor 59,614.95$ 1104 2014 Police Patrol Ford Police Interceptor 60,092.90$ 1105 2014 Police Patrol Ford Police Interceptor 60,092.90$ 1111 2014 Police Patrol Ford Police Interceptor 58,234.05$ 1112 2014 Police Patrol Ford Police Interceptor 58,448.35$ 1113 2014 Police Patrol Ford Police Interceptor 59,389.52$ 1171 2016 Police Code Enforcement Ford Police Interceptor 60,114.47$ 1172 2013 Police Patrol CHIP Ford Taurus 37,281.23$
1175 2016 Police Patrol Ford Police Interceptor 61,061.05$ 1176 2016 Police Patrol Ford Police Interceptor 61,061.05$ 1177 2016 Police Patrol Ford Police Interceptor 61,061.06$ 1178 2016 Police Patrol Ford Police Interceptor 61,061.05$ 1246 2016 Police Detective Ford Taurus 44,337.90$
1247 2016 Police Detective Ford Taurus 44,439.48$
1250 2016 Police Detective Ford Taurus 45,271.85$
1251 2016 Police Detective Ford Taurus 45,271.82$
1272 2017 Police Patrol Ford Police Interceptor 61,124.03$ 1273 2017 Police Patrol Ford Police Interceptor 60,783.93$ 1274 2017 Police Patrol Ford Police Interceptor 60,730.52$ 1275 2017 Police Patrol Ford Police Interceptor 60,830.96$ 1276 2013 Police Detective Ford Taurus 44,469.86$
1279 2017 Police Patrol Ford Police Interceptor 60,904.35$ 1280 2017 Police Patrol Ford Police Interceptor 60,904.35$ 1281 2017 Police Patrol Ford Police Interceptor 60,904.35$ 1289 2017 Police Patrol Ford Police Interceptor 61,583.07$ 1291 2017 Police Patrol Ford Police Interceptor 61,583.07$ 1292 2017 Police Patrol Ford Police Interceptor 61,164.08$ 1293 2017 Police Patrol Ford Police Interceptor 61,470.48$ 1294 2017 Police Administrative Ford Taurus 49,756.42$
1295 2017 Police Detective Ford Taurus 49,756.42$
1296 2017 Police Administrative Ford Taurus 49,756.42$
1317 2017 Police Detective Ford Police Interceptor 56,418.63$ 1346 2016 Police Traffic Safety Honda Motorcycle 39,592.70$ 1377 2019 Police Patrol K-9 Unit Ford Police Interceptor 74,353.36$ 1378 2019 Police Patrol K-9 Unit Ford Police Interceptor 74,353.36$ 1396 2019 Transit (8 Passenger Van) Ford Transit 350 MR 47,299.57$ 1408 2019 Police Administrative Ford Fusion SE 25,874.82$ 1409 2019 Police Administrative Ford Fusion SE 25,873.72$ 1411 2020 Police Administrative Chevrolet Tahoe 75,164.67$ 1413 2020 Police Administrative Chevrolet Tahoe 75,294.29$ 1415 2020 Police Administrative Chevrolet Tahoe 75,453.08$ Police Total $4,132,082.01
Police
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APPENDIX D
City of Indio Vehicle and Equipment Inventory
Asset # Year Description Make Model Cost
256 2002 Pick up Ford F-150 25,000.00$
528 2005 Pick up Ford Ranger 37,128.19$
887 2009 Pick up Ford F-150 39,247.68$
1324 2018 SUV Ford Explorer 40,645.70$
1325 2018 Pick up Ford F-150 40,318.08$
1326 2018 Pick up Ford F-150 40,318.08$
1392 2007 SUV Chevrolet Suburban 4,000.00$
Building Safety Total 226,657.73$
Asset # Year Description Make Model Cost
234 1995 Aerial Boom Truck 30 feet Ford F450 35,000.00$ 240 2002 Pick up Ford F250 34,076.00$
242 2002 Pick up Ford F150 34,076.00$
244 2002 Pick up Ford F150 34,076.00$
249 2000 Pick up Ford F150 34,076.00$
257 2001 Pick up Ford F350 XL 38,842.00$
299 1995 Equipment Trailer Zieman 2725 18,000.00$
373 2002 Golf Cart GEM EL 3,073.00$
375 2001 Skid Steer Loader Caterpillar 248 48,126.00$
377 1986 Farm Agricultural Tractor Ford 4610 20,000.00$ 385 1997 Stake bed Truck GMC 3500 12,000.00$
498 2004 Pick up with arrow board and lift gate GMC 2500 22,396.83$ 501 2004 Vibratory Compaction Roller Ingersoll Rand DD-24 40,049.60$ 526 2005 Stencil Truck Ford F450 65,008.53$
658 2007 Pick up Ford F150 4X4 Super cab 38,194.00$
660 2007 Patch Truck International 4400 37,860.00$
661 2008 Utility Body with Crane Ford F450 4X2 Super Cab 38,162.00$ 666 2007 Field Groomer Toro Sand Pro 3040 15,315.00$
675 2007 Utility Body Truck Ford F350 XL 4WD 31,504.00$ 693 2007 Pick up Ford F150 XLT 23,856.41$
694 2007 Pick up Ford F150 XLT 38,255.00$
729 2007 Service Truck Ford F350 Super Cab 4WD 42,583.95$ 736 2005 Mini Van Toyota Sienna 14,028.57$
737 2006 Portable Air Compressor (49 Hp.) Ingersoll Rand Air Source 185 11,954.87$ 752 2008 Utility Body Ford F350 Super Duty 4WD 56,015.55$ 761 2008 Pick up Ford F150 4X4 XL Crew Cab 28,718.65$
762 2008 Warehouse Sweeper Tennant M800 62,159.32$
786 2008 Pick up with arrow board and lift gate Ford F250 4WD 48,396.40$ 788 2008 Pick up with arrow board and lift gate Ford F250 4WD 48,396.40$ 865 2009 10 yard dump truck International 7600 6X4 125,988.68$ 866 2008 3/4 Ton Utility Body GMC Sierra 2500 47,735.22$ 879 2008 Backhoe John Deere 410J 100,974.02$
890 2008 5 yard dump truck International 7400 4X2 90,524.89$ 894 2009 Sign Repair Truck Ford F-450 4 X 2 54,536.67$ 898 2008 Water truck four thousand gallon International 7500 SBA 6 X 2 108,958.88$ 953 2009 Ariel Boom Truck 45 foot GMC GMC 6500 164,164.09$ 1048 2012 Street Sweeper Mechanical Freightliner Business Class M2 313,740.00$ 1239 2016 Vacuum and Rodder Truck Kenworth T880 Vactor Plus 2100 489,243.65$ 1271 2012 Flat bed truck Eco Centre Eco Truck 14,939.60$ 1285 2012 Van Eco Centre Eco Van 14,351.31$
1290 2011 Water truck four thousand gallon International 8600 SBA 6X4 60,511.00$ 1323 2018 Pick up Ford F150 4WD Super Cab 40,318.08$
1327 2018 Pick up Ford F150 4WD Super Cab 40,318.08$
1328 2018 Pick up Ford F150 4WD Super Cab 40,318.08$
Building Safety
Public Works
NBS - Local Government Solutions
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APPENDIX D
City of Indio Vehicle and Equipment Inventory
Asset # Year Description Make Model Cost
1331 2018 Pick up Ford F150 4WD Super Cab 40,318.08$
1347 2017 Front End Loader 3 Cubic Yard John Deere 544K-II 233,291.61$ 1348 2017 F350 Utility Body 4X2 Super Duty (Class 3) Ford F350 SRW Super Cab 51,472.44$ 1349 2017 Utility Body Ford F350 SRW Super Cab 51,472.44$ 1353 2018 Street Sweeper Regenerative Freightliner Business Class M2 357,259.49$ T21 2012 Light Tower Towable Wacker LTN6 9,655.48$
T7665 2007 Equipment trailer 5 ton tilt top Big Tex 10FT-20 4,960.79$ Public Works Total 3,429,252.66$
Asset # Year Description Make Model Cost
250 2000 Pick up Ford F150 24,998.00$
388 2003 Sedan Honda Civic 34,782.00$
696 2007 10 Passenger Van Ford E150 38,281.00$
735 2008 SUV Ford Expedition 38,281.00$
805 2008 Pick up Ford Ranger 21,486.83$
1282 2017 10 Passenger Van Ford Transit 38,289.78$
1283 2017 10 Passenger Van Ford Transit 38,289.78$
Other Departments Total 234,408.39$
Other Departments
Public Works
NBS - Local Government Solutions
Web: www.nbsgov.com Toll-Free:800.676.7516 10/15/2021 Page 4 of 4

Page 104 of 104 ends

AGENDA ITEM #11.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 956 of 968 City of Indio
City Council
July 19, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Request for City Council Certificate of Public Convenience or Necessity for a Type 40 On -Sale Liquor License for Avenida Music, LLC/Little Street Music Hall (City Case File No. 23 -05-49) located at 82707 Miles Avenue, Indio, CA 92201 (Assessor’s Parcel Number 611-172-001)

RECOMMENDATION:

Approve Certificate of Public Convenience or Necessity (City Case No. 23 -05-49) to authorize the granting of a Type 40 On -Sale Liquor License issued by the California Department of Alcoholic Beverage Control (ABC) for Avenida Music, LLC/Little Street Music Hall, 8270 7 Miles Avenue, Indio, CA 92201 (Assessor’s Parcel Number 611-172-001)

SUMMARY:

Request for Public Convenience or Necessity determination for a Type 40 On -Sale Liquor License issued by the California Department of Alcoholic Beverage Control (ABC) for Avenida Music, LLC/Little Street Music Hall, 82707 Miles Avenue, Indio, CA 92201 (Ass essor’s Parcel Number 611- 172-001)

BACKGROUND INFORMATION:

Avenida Music, LLC, represented by David Josiah Gonzales, submitted an application to the California Department of Alcoholic Beverage Control (ABC) for a Type 40 On -Sale Liquor License to authorize the sale of beer for consumption on or off the premises where sold” for Avenida Music, LLC/Little Street Music Hall at 82-707 Miles Avenue, Indio, CA 92201 (Assessor’s Parcel Number 611-172-001).

On April 6, 2023, ABC determined that the subject prop erty was within a geographical area defined as an area of “undue concentration” meaning that the number of licenses for the sale of alcoholic beverages exceeds the amount that is permitted by ABC within the census tract that the business is located in. Currently, Census Tract 495.02 is authorized by ABC for four (4) on-sale licenses and two (2) off-sale liquor licenses. In cases of undue concentration, ABC is required to deny an application for a license if the issuance of a license would result in or add to an “undue concentration” of licenses.

However, California state law allows ABC to issue a license if the legislative body of the area in which the the serves request license applicant’s determines that public located are premises the convenience or necessity.

ANALYSIS

State Regulations – Undue Concentration of Liquor Licenses:

AGENDA ITEM #11.5
Request for City Council Certificate of Public Convenience or Necessity ... Page 957 of 968

(a) For purposes of Section 23958, “undue concentration” means the case in which the applicant premises for an original or premises -to-premises transfer of any retail l icense are located in an area where any of the following conditions exist:

(1) The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes, as defined in subdivision (c), than the average numb er of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency.

(2) As to on-sale retail license applications, the ratio of on-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located.

(3) (3) As to off -sale retail license applications, the ratio of off -sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off - sale retail licenses to population in the county in which the applicant premises are located

(b) Notwithstanding Section 23958, the department may issue a license as follows:

(1) With respect to a nonretail license, a retail on -sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined in subdivision (b) of Section 25503.16, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's license, if the applicant shows that public convenience or necessity would be served by the issuance.

(2) With respect to any other license, if the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance. The 90-day period shall commence upon receipt by the local governing body of (A) notification by the department of an application for licensure, or (B) a completed application according to local requirements, if any, whichever is later.

Based on statutory guidelines, the City of Indio City Council is conducting a public hearing and will consider the issuance of a determination of public convenience or necessity. These actions will occur within the specified 90-day period.

General Plan, Zoning and Existing Land Uses:

The subject property is currently designated with a Downtown (DT) land use designation pursuant to the 2040 General Plan adopted on Se ptember 18, 2019, and has a current zoning designation of Downtown Core (DT-C) per the adopted Downtown Specific Plan.

As previously noted, the California Department of Alcohol and Beverage Control has identified that the project site is in an area of “u ndue concentration”. The ABC threshold for "undue concentration" of off-sale retail licenses in Census Tract No. 495.02 is four (4) on-sale licenses and two (2) off -sale liquor licenses. There are currently seventeen (17) establishments within Census Tract No. 495.02 that have active ABC issued on-sale and off-sale liquor licenses as specified in Table 1:

Page 2 of 12 ends

AGENDA ITEM #11.5
Request for City Council Certificate of Public Convenience or Necessity ... Page 958 of 968

TABLE 1

SUMMARY OF CONCENTRATION OF ON SALE & OFF-SALE ABC LICENSES CENSUS TRACT 495.02

# License Type Business Name Address Status
1 41 Taqueria Ixtlan
83233 Indio
Boulevard, Suite
1A-2
Active
2 47 Rincon Norteno
Restaurant
83011 Indio
Boulevard Active
3 77 Rincon Norteno
Restaurant
83011 Indio
Boulevard Active
4 58 Rincon Norteno
Restaurant
83011 Indio
Boulevard Active
5 42 Club 5 82971 Bliss
Avenue Active
6 47
Applebee’s
Neighborhood
Grill & Bar
82894 Highway
111 Active
7 41 Casa De Silvia 82720 Miles
Avenue Active
8 58 El Mexicali Cafe 82720 Indio
Boulevard Active
9 47 El Mexicali Cafe 82720 Indio
Boulevard Active
10 77 El Mexicali Cafe 82720 Indio
Boulevard Active
11 47 JJ Indio Inc. 45765 Towne
Street Active
12 41 CV BBQ Inc. 83214 Requa
Avenue Active
13 64
Desert
Theaterworks
Corporation
45175 Fargo
Street Active
14 41
Valentino’s
Seafood Bar &
Grill
83085 Indio
Boulevard Active
15 47 El Tapatio
Restaurant
83161 Indio
Boulevard Active
16 21 Shermans Liquor 45820 Oasis
Street Active
17 21 Primos Los
Market
46490 Calhoun
Street Active
According to the United States Census Bureau, Census Tract 495.02 is 0.9 square miles in area with a population of 4,222. The percent of the population aged 18 and over is 73.7 while the percent of the population 65 and over is 8.1.

Page 3 of 12 ends

AGENDA ITEM #11.5
Request for City Council Certificate of Public Convenience or Necessity ... Page 959 of 968

SURROUNDING LAND USES

The project site is generally surrounded by Downtown Core (DT -C) and Downtown Neighborhood (DT-N) zoning designations. Neighboring parcels also contain the Retail Ready Overlay (RR-O) which requires properties to maintain flexibility for if/when the market is ready for an expansion of a more urban environment (City of Indio Downtown Specific Plan, 49). The General Plan Land Use designations, the Downtown Specific Plan Zoning designation, and Existing Land Us es are outlined in Table 2 below:

TABLE 2: GENERAL PLAN, ZONING, AND SURROUNDING EXISTING USES General Plan 2040 Zoning Existing Use
Site: Downtown
(DT)
Downtown Core
(DT-C) Commercial Building
North: Downtown
(DT)
Downtown Core
(DT-C) Commercial Building
South: Downtown
(DT)
Downtown
Neighborhood
(DT-N)
Commercial Building
East: Downtown
(DT)
Downtown Core
(DT-C) Commercial Building
West: Downtown
(DT)
Downtown Core
(DT-C) Commercial Building

POLICE DEPARTMENT BACKGROUND CHECK INVESTIGATION

Community Development Department staff submitted the PCN application to the Indio Police Department, Indio Public Works Department, the Indio Water Authority, and the Riverside County Fire Department. Community Development Staff only received comments from the Indio Police Department. The Indio Police Department (IPD) conducted a review of the application and a background investigation of the applicant IPD reported that Mr. David Josiah Gonzalez completed and passed the background check as of June 20, 2023. Therefore, IPD is not recommending any specific conditions of approval associated with this request and did not specify any law enforcement related concerns for the music hall and bar. Furthermore, IPD, in partnership with ABC, will enforce the laws related to the sale of alcohol from the proposed establishment.

PUBLIC CONVENIENCE OR NECESSITY (PCN) DETERMINATION

Finding (s):

Pursuant to Section 6.04.08, Subsection C, of the City of Indio Unified Development Code, the City Council shall issue a decision approving, conditionally approving, or denying the Certificate of Public Convenience or Necessity following the close of the required public hearing. In reaching its decision, the City Council shall make findings and shall consider the following factors:

I. The proposed use is consistent with the General Plan and Development Code.

The subject property has a current General Plan 2040 land use designation of Downtown (DT) and a current Downtown Specific Plan zoning designation of Downtown Core (DT -C). The Downtown Specific Plan specifies that a new music hall and bar in the Downtown Core zoning designation is a permitted land use. Therefore, the Project is consistent with the City’s General Plan 2040 and all

Page 4 of 12 ends

AGENDA ITEM #11.5
Request for City Council Certificate of Public Convenience or Necessity ... Page 960 of 968 applicable general plan policies as well as with the zoning designation specified in the Downtown Specific Plan.

II. The proposed use is compatible with the nature, condition, and character of adjacent land uses.

The subject property is governed by the City of Indio’s Downtown Specific Plan. The new music hall property is surrounded to the north, east, and west by commercial buildings that are zoned Downtown Core (DT -C). The DT -C zone is characterized by lively pedestrian -oriented retail, restaurant, and service businesses. The intent of this zoning designation is to concentrate a more active ground-floor environment into the historic core along Miles Avenue. The inclusion of the new music hall and bar is consistent with the pedestrian-oriented retail business activation outlined in the DT-C.

III. The proposed use would not have an adverse effect on adjacent land uses.

The subject pr operty is located along Miles Avenue near its intersection with Oasis Street and is in the core of the City’s Downtown. The adopted Downtown Specific Plan specifies the following vision for Downtown Indio: “Downtown Indio is a place for everyone; a human-scaled, urban center of activity concentrating community, culture, and commerce in a vibrant, walkable, mixed-use environment.” Further, Goal 2 of the Plan specifies the following goal for Downtown:

Goal 2: Lively selection of nightlife, entertainment and recreation options:

Downtown already includes a notable concentration of civic, cultural, recreation and entertainment amenities, and is uniquely and ideally positioned to become Indio’s most significant center of culture, night life, entertainment and recreation and operate as a true “18-hour per day” district. “Downtown will operate as a true 18-hour-per-day district...”

The proposed music hall will help fulfill the Council adopted vision for Downtown Indio and will provide cultural and entertainment amenities in an area of mutually compatible land uses. The Council’s issuance of the Public Convenience or Necessity Determination is therefore not likely to have an adverse effect on adjacent land uses and allows for potential similar uses.

IV. The proposed use would not result in an excessive number of similar establishments in close proximity.

Census Tract 495.02 is an area of undue concentration, however, this is reasonable given the multiple restaurants within Census Tract 495.02. The authorization of a Type 40 On -Sale Liquor License for Avenida Music, LLC/Little Street Music Hall would support the establishment of a viable cultural and entertainment venue in Downtown Indio that would further enhance Downtown’s ability to be an 18 - hour per day district and an area offering a lively selection of nightlife and entertainment.

Conclusion (s):

Based on the preceding information provided herein, a revie w of the site and floor plans for the business, and successful completion of the Indio Police Department’s application review and background check, staff recommends that the Council approve the request for a Certificate of Public Convenience and Necessity for a Type 40 Liquor License for Avenida Music, LLC/Little Street Music Hall located at 82-707 Miles Avenue, Indio, CA 92201 (Assessor’s Parcel Number 611-172-001).

PUBLIC NOTICE

Page 5 of 12 ends

AGENDA ITEM #11.5
Request for City Council Certificate of Public Convenience or Necessity ... Page 961 of 968 On July 7, 2023, the City Clerk Administrator published a legal notice of public hearing in the Desert Sun, the newspaper of record.

ATTACHMENTS:

Attachment1_AvenidaMusicLLC_Application for Certificate of Public Convenience & Necessity
Attachment2_AvenidaMusicLLC_ABC Application
Attachment3_AvenidaMusicLLC_Floor Plan

APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 07 Jul 2023 Steven Graham, City Attorney Approved - 10 Jul 2023
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 12 Jul 2023 Bryan H. Montgomery, City Manager Approved - 12 Jul 2023

Page 6 of 12 ends

AGENDA ITEM #11.5
Request for City Council Certificate of Public Convenience or Necessity ... Page 962 of 968 CityofIndia
100CivicCenterMallWD0 DevelopmentServicesDepartment
Indio,California92201takecenterstage (760)3914120(760)391-4027Faxwww.indio.org APPLICATIONFORCERTIFICATEOFPUBLICCONVENIENCEANDNECESSITY(AlcoholicBeverageSales) AIicationFee:3763.00
CompleteandreturnthisformtotheCityofIndio,100CivicCenterMall,Indio,California92201.CompletedformmustincludeAppendixA(City).

Pleaseprintortypeallinformation:

NameofBusinessAvenidaMusicLLC,DBA:LittleStreetMusicHall/EncoreCafeConiacipersonDavidJosiahGonzalezTypeofLicense40,On-SaleBeerBusinessAddress82707MilesAve,Indio,CA92201MaiiingAddress82707MilesAve,Indio,CA92201BusinessPhoneNumber(760)777-2305TypeofOrganization(PleaseCheckOne)SoleProprietorPartnershipCorporationLimitedLiabilityCompanyXzListcountiesandcitiesinwhichlicenses/permitshavebeenissuedtoyouorwhereyouhaveconductedsimilarbusinessI'lD?€« Areatobeserved
CoachellaValley

Page 7 of 12 ends

AGENDA ITEM #11.5
Request for City Council Certificate of Public Convenience or Necessity ... Page 963 of 968 Listnature,placeofanypriorconvictionofacrime,misdemeanororviolationofanyordinance.Ifsuchaconvictionhasbeenreceived,pleasestatethenatureoftheoffenseandthesentencereceived.None Hasapermit/licenseeverbeenrefusedorrenewaldenied?Ifso,pleasestatewhen,where,andbywhomandthereasontherefor:No

Page 8 of 12 ends

AGENDA ITEM #11.5
Request for City Council Certificate of Public Convenience or Necessity ... Page 964 of 968 DepartmentofAlcoholicBeverageControl StateofCaliforniagI2’lIi.I6C9§\TIONFORALCOHOLICBEVERAGELICENSE(S)TO:DepartmentofAlcoholicBeverageControlFileNumber:64737434-160GATEW AYDR. ReceiptNumber:2789293STE120 ~ GeographicalCode:3309PALMDESERT,CA92211CopiesMailedDate:April6,2023(760)324-2027IssuedDate:DISTRICTSERVINGLOCATION:FirstOwner:A VENIDAMUSICLLCNameofBusiness:LITTLESTREETMUSICHALLIENCORECAFELocationofBusiness:82707MILESA VEINDIO,CA92201-4229County:RIVERSIDEIsPremisesinsidecitylimits?Yes CensusTract!0495-02MailingAddress:(Ifdi?erentfrompremisesaddress)Typeoflicense(s):40 D1'°PPi1-18P3111191’3Y°5__N°__Transferofslicense/name:Licensejl?meTransactionjljgpeMaster.__S€¢0_n,?g}-,TA-ndC0,1m,t40-On-SaleBeeron: Y£<2e_Q-11213.11.12DatemApplicationFee STATEFINGERPRINTSNA7 04/06/23$273.00ApplicationFee ADDPRIMARYLICENSETYPENA0 04/06/23$990.00ApplicationFee FEDERALFINGERPRINTS- NA7 04/06/23$168.0040-On-SaleBeerANNUALFEBNA0 04/06/23$435.00Total$1,866.00Haveyoueverbeenconvictedofafelony?.NoHaveyoueverviolatedanyprovisionsoftheAlcoholicBeverageControlAct,orregulationsoftheDepartmentpertainingtotheAct?NoSTATEOFCALIFORNIACountyofRIVERSIDEDate:April6.2023ApplicantNarne(s)A VENIDAMUSICLLC__

Page 9 of 12 ends

AGENDA ITEM #11.5
Request for City Council Certificate of Public Convenience or Necessity ... Page 965 of 968 DepartmentOiAlcoholicBeverageControl Slim01GaliiwmlaINFORMATIONANDINsTRUcTIONs- G”"'"""“°”'°°"°'"°' SECTION23958.4B&PinstructionsThisformistobeusedforallapplicationsfororiginalissuanceorpremisestopremisutransferoflicenses.a Part1istobecompletedbyanABCemloee'vetoa1't "til 1'ti ka ‘ ' '
holding?leorapp?mnrsdm?ct?le.py,gtn ppIcanW1pre-appIceonpet:gc,wlthcopyretalnedm.Part2istobecompletedbytheapplicant.andreturnedtoABC.Part3IStobecompletedbythelocalgoverningbodyoritsdesignatedsubordinateo?icerorbody,andreturnedtoABC.

PART1-TOBECOMPLETEDBYABC1.APPLICANTSNAMEA VENiDAMUSiCLLC2.RREII/usesADDRESS(Streetnumberandname.any,zipcode) E3,,_,gE,;'§E‘-.-,-pg T’ " ’
82707MILESA VE..INDIO,CA92201-4229 l 404.TYPEOFeUsINEss ‘‘ ‘
;FullServiceRestaurant HofbraulcafeleriaCocktailLounge _lPrivateClub_IDellorSpecialtyRestaurant1:ComedyClub '_NightClub :lv.,..,.-5...cm,5Xtiatelco?eeShop ’—BrewPub .__-Tavern:Beer —’FratemaiClub __ _ _.Theater _ITavern:Beer&Wine WineTastingRoomLwinaonly_éAII ,—-«. -— _._ _.

I‘Supermarket__MembershipStore >_ServiceStation _;SwapMeetIFleeMarket _iqucrStore _ DepartmentStore ConvenienceMarket Drive-inDairyDruglvarietyStore Fler|stIGiftShop ConvenienceMarketw/Gasollne:;Other-describe:5.courrrvPOPULATION eTOTALNuNeEROFtIcENsEsIN _ 1.RATIOOFLICENSESToPOPULATENINcOuN'rY__1 ‘l_'0n-Sale:__.OnsaIeI '_0n—Salel_lOIrsaIe3.CENSUSTRACTNut/eER 9.No.OFLICENSESALLOWEDINCEEUSTRACT_ 10.No.OFUCENSESEX|STiNGINCENSUSTRACT495.02 :4 On~Saie‘_jorr-sale516 On~saIeDon-salelr1._i.STHEABOVEcENsuSTRACTDVERCDNCENTRATEDwrmLICENSES?(Le..amthemoofIicuusosnopopmmninmacensuscanexceedthemileat’nmsntopopulationramscumsmum)?i(_Yes,thenumberofexistinglicensesexceedsthenumberallowed,_l_:No.thenumberofexistinglicenseeislowerthanthenumberallowedIz_ooEsLAWENFORCEMENTAGENCYMAINTAINcRIME5TATiS'l'|C5‘! Lives(GotoItem#13) NO(Gotoitem#20)11CRIMEREPORTINGDIsTRIcTNut/eER*14.TOTALNUMBEROFREPORTINGDISTRICTS'15.TOTALNUII/aERorOFFENSESINALLREPORTINGDIsIRIcTs

16.Av§RAeE”No.OFOFFENSESPERDiSTRlCTI17.12B3's't3F_AvERAcENUNBEROFOFFENSES ”

15.TOTALNuMsERorOFFENSESINREFORTINGDIs'rRIcTl19.IsTHEI=REMIsEsLOCATEDiNAHIGHCRIMEREl=ORTiNGDISTRICT7(I.a..hasa205$ummrnumblrorrlearu?O?mnsthantheaveragenumwatreportedcrimesasdmemtinndfromalluimo_I_epormgdistrictswithinthejunsdknlnnoithelocallawentorcementaaenny)3IYes.thetotalnumberofOffensesinthereportingdistrictequalsorexceedsthetotalnumberinitem#17-.4 'jNo,thetotalnumberofoffensesInthereportingdistrictislowerthanthetotalnumberinitem#172gHEGl<THEeoxTHATAPPLIES(smeltonlyambox)a.if"Eischeckedinbothitem#11_e_n_c_Iitem#19.ggtion§95_8_,4B&Pdoesnotagglztothisapplication,andnoadditionalinformationwillbeneededonthisissue.AdvisetheapplicanttobringthiscompletedfonntoABCwhen?lingtheapplication.

Eb.if"yes"ischeckedineitheritem#11gcitcm#19.?dtheapplicantisapplyingforanon-retaillicense.aretailbcna?depubliceatingplacelicense,aretaillicenseIssuedforahotel,motelorotherlodgingestablishmentasde?nedInSection25503.16(b)B&P,oraretaillicenseissuedinconjuctionwithabeermanufacturerslicense,orwlnagrowerslicense.advisethemg andbringthecompletedfem-ItoABCwhen?iingtheapplicationorassoonaspossiblethereafter.

Zc.it"Leg"ischeckedineitheritem#11grltem#19t?nheapplicantisapplyingforanOff-eelebeerandwinelicense.anoff-salegenerallicense,anon-ealebeerlicense,anen—:Ielebeerandwine(publicremiaee)license,oranOneal:general(publicpmmleea)license,advisel' ‘ I99S'03.Thecompletedformneeo provltotheav.- j—¢————-——j—~ GcvemlngBodylDasignatedSubcrdlnateName:FORDEPARTMENTUSEONLYPREPAREDav(NameatDoplrtmentEmployee)MARICELAMATAAec-245(rev.01-11)

Page 10 of 12 ends

AGENDA ITEM #11.5
Request for City Council Certificate of Public Convenience or Necessity ... Page 966 of 968 I .-io o 1\
2-TOBE,GOMPL‘ETED3‘!THEAPPLICANT(Ifbox#20!)ischecked)21.Basedontheinformationonthereverse.theDepartmentmayapproveyourapplicationifyoucanshowthatpublicconvenienceornecessitywouldbeservedbytheissuanceofthelicense.Pleasedescribebelowthereasonswhyissuanceofanotherlicenseisjustifiedinthisarea.Youmayattachaseparatesheetoradditionaldocumentlcn.ifdesired.DonotproceedtoPart3. 22-APP!-iGANT8!GNATUR‘f"W‘ W ' " " M
inDATESIGNEDE3.PART3-TOBECOMPLETEDBYLOCALOFF|ClALS(Ifbox#200Ischecked)Theapplicantnamedonthereverseisapplyingforalicensetosellalcoholicbeveraasataremiseswhereundueconcentrationexists(l.e.,anover-concentrationoflicensesandlorahiherthanaveragecrimerateasde?non23958.4oftheBusinessandProfesIonsISCode).Sections23958and23958.4oftheuslnessandProessicnsCodrequirestheDartmenttodenythgosfplica?cnunless%1Blocalrf elbody ,' ’ .I 902¥.?'L‘s“n%maa%l.“3?§'o%3..E".‘!.t*;‘3“‘“°i§‘a"l2!l?t‘.i“?':lll§°o%?.£';li8“ac%“o?£e“.§ess'9i1%‘3%%‘Ls£“n'§'e%‘t.$'il.%°L%uam.“°‘°"““*3“’*"""lPleasecompleteitems#24#30§§f3wandce‘oraf?xanofficialseal.orattachacopyoftheCouncilorBoardresolutionorasignedletteronofficialletterheadstatingwhetherornottheissuanceoftheappliedforlicensewouldserveasapublicconvenienceornecessity.

24.WILLPUBLICCONVENIENCEcaNECESSITYeiseeveoBYISSUARCEOFTHISALCOHOLICBEVERAGELICENSE?1UYesNo [-3SeeAttached(l.e.,letter,resolution,etc.).__I2:.ADDITIONALCOMMENTS.lFDE3lRED(myhdudemasmsrwapprovd«derilaIdpwRcwnvmlwocwnwe:sityx ; c?yu?'|'Yo?=lc|A|.ER26.OITYIOOUNTYOFFICIALNAREGFTYIGOUNTYOFFIOIALTWLEgas.I00PHON5“U59I29crrwccuu-rvOFFICIALSIGNATURE %3°-95753‘°”5°c-245REVERSE(rev.o1-11) PART

Page 11 of 12 ends

AGENDA ITEM #11.5
Request for City Council Certificate of Public Convenience or Necessity ... Page 967 of 968 L‘:-v‘
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Page 12 of 12 ends

AGENDA ITEM #11.5
Request for City Council Certificate of Public Convenience or Necessity ...Page 968 of 968

Indio City CouncilJuly 19, 2023

Indio City Council
July 19, 2023