Indio City Council
August 16, 2023

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2. Developed Multi-Family Residential Property
a. Maximum Special Tax - The 2004 -05 Maximum Special Tax for each Assessor’s Parcel classified as Developed Multi-Family Residential Property shall be $ 524.44 multiplied by the number of separate dwelling units applicable to such Assessor’s Parcel.
b. Increase in the Maximum Special Tax - On each July 1, commencing on July 1. 2005. The Maximum Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2004 -05 and for etch following Fiscal Year, the City Council shall l evy the Specia l Tax at the Maximum Special Tax on all Developed Single-Family Residential Property and Developed Multi-Family Residential Property.

E. EXEMPTIONS; EXCLUSIONS
No Special Tax shall be levied on Undeveloped Property, Commercial or Industrial Property or for De veloped Property developed as part of a development with less than 4 units. In the event that a Developed Multi -Family Residential Property that has been excluded from a levy of the Special Tax by reason of the payment by the property owner o f Transient Oc cupancy Tax, and should that payment be terminated, such Assessor Parcel shall not longer be excluded from Developed Multi -Family Residential Property and will be subject to the Special Tax.

F. APPEALS AND INTERPRETATIONS
Any taxpayer may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the calculation of the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Board by filing a written notice of appeal with the Board Secretary. Provided that the appellant is current in his/her payments of Special Taxes. The - second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.

G. MANNER OF COLLECTION

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The Special Tax will be collected in the same manner and at the same ti me as ordinary ad valorem property taxes; provided, however, that CFD No. 2004 -1 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to f oreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

H. PREPAYMENT OF THE SPECIAL TAX
The Special Tax may not be prepaid.

I. TERM OF THE SPECIAL TAX
The Annual Maximum Special Tax shall be levied in perpetuity or until L aw Enforcement, Fire and Paramedic Services are no longer being provided by the City within CFD No. 2004-1, whichever is earlier. The Maximum Annual Special Tax shall be reviewed by the City Council at the end of each ten year period.

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ATTACHMENT 2
RESOLUTION NO. 10384 CALLING A SPECIAL ELECTION

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RESOLUTION NO. 10384

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

CALIFORNIA, ACTING ON BEHALF OF CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 2004 -1 (LAW ENFORCEMENT, FIRE AND

PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION
WHEREAS, the City Council (the “Council”) of the City of Indio, California (the “City”), has heretofore adopted Resolution No. 10373 stating its in tention to annex certain property, consisting of (Parcel Map No. 38493) (“Annexation Area No. 83), Indio North Business , LLC , into City of Indio Community Facilities District No. 2004 -1 (Law Enforcement, Fire and Paramedic Services) (the “District”) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, (the “Act”); and WHEREAS, a copy of Resolution No. 10373 incorporating a description and map of the proposed boundaries of Annexation Area No. 83, and setting forth the rate and method of apportionment and manner of collection of the special ta x to be l evied within Annexation Area No. 83, which will be used to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 83, prior to the annexation of Annexation Area No. 83, to the District and do not supplant services already av ailable within the territory proposed to be included in Annexation Area No. 83, are on file with the City Clerk and incorporated herein by reference; and
WHEREAS, on August 16, 2023, this Council held a noticed hearing as required by law relative to the proposed annexation of Annexation Area No. 83, into the District; and
WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on a ll matters pertaining to the annexation of Annexation Area No. 83, into the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to this Council on said matters before it, and this Council at the con clusion of said hearing was and is fully advised in the premises; and
WHEREAS, this Council adopted its Resolution No. 10383 determining the validity of prior proceedings relating to such annexations; and WHEREAS, the proposed special tax to be levied upon property within Annexation Area No. 83 to finance the above referenced public services has not been precluded by protest of the owners of one -half (1/2) or more of the area of land within Annexation Area No. 83; and
WHEREAS, this Council wishes to present to the respective qualified electors of Annexation Area No. 83, a proposition to levy special taxes on property within Annexation Area No. 83;

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NOW, THEREFORE, THE CITY COUN CIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of Annexation Area No. 83 a proposition (the “Proposition 83 ”) to levy special taxes on property within Annexation Area No. 83 in accordance with the rate and method specified in Resolution No. 10373 of the Council.

The form of Official Ballot containing Proposition 83 is attached hereto.

Section 2. A special election is hereby called for Annexation Area No. 83 on the Proposition 83 set forth in Section 1 above.

Section 3. The date of the special elections shall be on the 16 th day of August, 2023. The voter ballots shall be returned to the City Clerk at 10 0 Civic Center Mall, Indio, California 92201, no later than 5:00 o’clock p.m. on August 16, 2023.

Section 4. The Council finds and determines that t here were no registered voters residing within the territory of Annexation Area No. 83 at the time of the protest hearing and ninety (90) days prior thereto. The requirements of Section 53326 of the Government Code having been waived by the sole landowner or sole landowners, the ballot for the special election shall be mailed or hand delivered to the landowner or landowners within Annexation Area No. 83, and the City Council acknowledges that the City Clerk has caused to be delivered to the qualified electors of Annexation Area No. 83 an Official Ballot in the form attached hereto.

Section 5. Annexation Area No. 83 shall constitute a sing le election precinct for the purpose of holding said election.

Section 6. The Council hereby direct s tha t the election be conducted b y the City Clerk of the City of Indio, as the elections official.

PASSED, APPROVED and ADOPTED this 16th day of August, 2023.

OSCAR ORTIZ, MAYOR
ATTEST:

CYNTHIA HERNANDEZ, CMC

CITY CLERK

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APPROVED AS TO FORM:

STEVEN GRAHAM, CITY ATTORNEY

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CITY OF INDIO
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)

SPECIAL TAX ELECTION
AUGUST 16, 2023

VOTER IDENTIFICATION CERTIFICATION
The undersigned hereby declared under penalty of perjury as follows:

I have been duly authorized to cast ballots on behalf of the landowner as set forth below:

LANDOWNER:

NAME OF VOTER:

ADDRESS OF VOTER:

DATE OF SIGNING:

SIGNATURE:

FAILURE TO COMPLETE THE ABOVE INFORMATION WILL INVALIDATE YOUR BALLOT.

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YES
NO

OFFICIAL BALLOT

CITY OF INDIO
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
ANNEXATION AREA NO. 83
(Parcel Map No. 38493)

SPECIAL TAX ELECTION
August 16, 2023
To vote, mark a cro ss (+) in th e voting square after the word “YES” or after the word “NO.” All marks otherwise made are forbidden.

This ballot is provided to Indio North Business, LLC , as owner or authorized representative of such sole owner of land within Annexation Area No. 83 of City of Indio Community Facilities District No. 2004-1 (Law Enforcement, Fire and Paramedic Services) and represents 188 votes.

If you wrongly mark, tear, or deface this ballot, return it t o the City Clerk of the City of Indio at 100 Civic Center Mall, Indio, California 92201.

PROPOSITION 83: Shall City of Indio Community Facilities District No. 2004-1 (Law Enforcement, Fire and Paramedic Services) be authorized to levy special taxes thereof
pursuant to the rate and method of apportionment of special taxes (the “Special Tax Formula”) set forth in Resolution No. 10373 to finance the authorized services, all as provided for in the Special Tax Formula?

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ATTACHMENT 3
RESOLUTION NO. 10385 CANVASSING THE RESULTS

OF THE SPECIAL ELECTION

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RESOLUTION NO. 10385

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, ACTING ON BEHALF OF CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 2004-1 (LAW E NFORCEMENT, FIRE AND PARAMEDIC SERVICES) CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN ANNEXATION AREA NO. 83

ANNEXED TO SAID DISTRICT
WHEREAS, the City Council of the City of Indio, California (the “Council”) has previously conducted proceedings pert aining to the annexation of certain propert ies, consisting of (Parcel Map No. 38493) (“Annexation Area No. 83”), into the City of Indio Community Facilities District No. 2004 -1 (Law Enforcement, Fire and Paramedic Services) (the “District”), the rate and m ethod of apportionment of a special tax to finance a portion of the cost of providing certain public services, and the calling of an election in regard to the foregoing; and
WHEREAS, on August 16 , 2023, an election was held within Annexation Area No. 83 regarding the rate and method of apportionment of the proposed special tax; and WHEREAS, at such election the proposal for the rate and method of apportionment and manner of collection of the special tax for each of Annexation Area No. 83 was approved by the qualified electors of Annexation Area No. 83;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. It is hereby determined that the election conducted within Annexation Area No. 83, was duly and validly conducted.

Section 2. The Council, acting as the legislative body of the District, is authorized to levy the special tax on behalf of the District, as specified in Resolution No. 10383 determining the validity of prior proceedings adopted by the City Counc il on August 16, 2023.

PASSED, APPROVED and ADOPTED this 16th day of August, 2023.

OSCAR ORTIZ, MAYOR
ATTEST:

CYNTHIA HERNANDEZ, CMC

CITY CLERK

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APPROVE AS TO FORM:

STEVEN GRAHAM, CITY ATTORNEY

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ATTACHMENT 4
ORDINANCE NO. 1797 AUTHORIZING THE LEVY OF A SPECIAL TAX

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ORDINANCE NO. 1797

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA,

ACTING AS THE LEGISLATIVE BODY OF CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 200 4-1 (LAW ENFO RCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 83

ANNEXED TO SAID DISTRICT

WHEREAS, on June 21 , 20 23, the City Council (the “Council”) of the City of Indio, California (the “City”), adopted Resolution No. 10373 stating its intention to annex certain propert ies, consisting of (Parcel Map No . 38493) (“Annexation Area No. 83”), into City of Indio Community Facilities District No. 2004 -1 (Law Enforcement, Fire and Paramedic Services) (the “D istrict”) purs uant to the Mello -Roos Community Facilities Act of 1982, as amended, (the “Act”); and
WHEREAS, notice was published as required by law relative to the intention of the Council to annex Annexation Area No. 83 into the District; and WHEREAS, on August 16, 20 23 this Council held a noticed public hearing as required by law relative to the determination to proceed with the annexation of Annexation Area No. 83 into the District and the rate and method of apportionment and manner of collection of th e special tax t o be levied within Annexation Area No. 83 to finance certain public services; and
WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 83 were heard and a full and fair hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No. 10383 determining the validity of prior proceedings relative to the anne xation of Annexation Area No. 83 annexed Annexation Area No. 83 into the District and authorized the levy of a special tax within Annexation Area No. 83; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 10384 which called an electio n within Annexation Area No. 83; for August 16, 2023 on the proposition of levying a special tax; and
WHEREAS, on August 16, 20 23 an election was held within Annexation Area No. 83 in which the eligible electors approved by more than two -thirds vote the proposition of levying a special tax;

NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF INDIO AS FOLLOWS:

Section 1. A special tax is levied within the boundaries of Annexation Area No. 83 pursuant to the formula set forth in Exhibit “A” attached hereto and

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2 incorporated by reference in an amount necessary to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 83 prior to the annexation of Annexation Area No. 83 respectively, into the District.

Section 2. This legislative body is her eby further autho rized each year, by resolution adopted as provided in section 53340 of the Act, to determine the specific special tax rate and amount to be levied for the next fiscal year, except that the special tax rate to be levied shall not exceed the maximum rate set forth in Exhibit “A.”
Section 3. All of the collections of the special tax shall be used as provided for in the Act and this Ordinance.

Section 4. The above authorized special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes.

Section 5. The Mayor shall sign this ordinance and the City Clerk shall attest to such signature. The City Clerk is directed to caus e the title and summary or text of this ordinance, together with the vote thereon, in the form attached as Exhibit B, to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated within the territor ial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names of the Council Members voting for and against the ordinance.

Section 6. This ordinance relating t o the levy of the special tax takes effect and shall be in force from and after 30 days from the date of final passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, the Assessor and the Treasu rer-Tax Collector of Riverside County.

PASSED, APPROVED and ADOPTED this 4th day of October, 2023.

OSCAR ORTIZ, MAYOR
ATTEST:

CYNTHIA HERNANDEZ

CITY CLERK, CMC

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3 APPROVED AS TO FORM:

STEVEN GRAHAM, CITY ATTORNEY

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EXHIBIT A

RATE AND METHOD OF APPORTIONMENT

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RATE AND METHOD OF APPORTIONMENT FOR
CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 2004-1
(LAW ENFORCEMENT, FIRE and PARAMEDIC SERVICES)
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in Community Facilities D istrict No. 2004 -1 of the City of Indio (“CFD No. 2004 -1”) and collected each Fiscal Year commencing in Fiscal Year 2004 -05, in an amount determined by the City Council of the City of Indio, through the application of the Rate and Method of Apportionment a s described below. All of the real property in CFD No. 2004-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California.
“Assessor’s Parcel” means a lot or parcel shown in an Asse ssor’s Parcel Map with an assigned Assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor of the County designating parcels by Assessor’s parcel number. “CFD Administrator” means an official of the City, or designee thereof, responsible for providing for the levy and collection of the Special Taxes. “CFD No. 2004 -1” means City of Indio Community Facilities District No. 2004 -1 (Law Enforcement, Fire and Paramedic Services).
“City” means the City of Indio.
“City Council” means the City Council of the City.
“Commercial or Industrial Property” means for each Fiscal Year, property for which a building permit for new construction of a commercial or industrial use building was issued after May 1, 2004.
“County” means the County of Riverside.
“Developed Multi-Family Residential Property” means for each Fiscal Year, all Taxable Property for which a building permit for new construction of a multi -family dwelling with two or more units was issued after May 1, 2004 and prior to Jun e 30 of the prior F iscal Year, exclusive of property for which the property owner pays Transient Occupancy Taxes or the property owner has entered into an agreement with the City pursuant to which such property owner pays Transient Occupancy Taxes.

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2 “Developed Property” means for each Fiscal Year, all Developed Multi -Family Residential Property and Developed Single-Family Residential Property. “Developed Single-Family Residential Property” means for each Fiscal Year.

All Taxable Property for which a building permit for new con struction of a single -family dwelling unit was issued after May 1, 2004 and prior to Jun e 30 of the prior Fiscal Year.

Excluding any Developed Single-Family Restricted Residential Property. “Fiscal Year” means the period starting July I and ending on the f ollowing June

30. “Resolution of Formation” means the resolution adopted by the City as authorized by Section 53325.1 of the California Government Code. “Special Tax” means the special tax.to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“State” means the State of California.
“Taxable Property” means all of the Assessor’s Parcels within the boundaries of CFD No. 20041 which are not exempt from the Special Tax pursuant to law or Section E below.
“Transient Occupancy Taxes” means those taxes payable to the City pursuant to Ordinance No. 408, as it may be amended from time to time. “Undeveloped Property” means, for each Fiscal Year, all Assessor’s Parcels not classified as Developed Property or Commercial or Industrial Property.

B. ASSIGNMENT TO LAND USE CLASSES
Each Fiscal Year, all Taxable Property within CFD No. 2004 -1 shall be classified as Developed Single -Family Residential Property, or Developed Multi -Family Residential Property, and shall be subject to Speci al Taxes in accorda nce with the rate and method of apportionment determined pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX

1. Developed Single-Family Residential Property
a. Maximum Special Tax - The 2004 -05 Maximum Special Tax for each Assessor’s Parc el classified as De veloped Single -Family Residential Property shall be $524.44
b. Increase in the Maximum Special Tax - On each. July 1, commencing on July 1, 2005. The Maximum Special Tax shall be increased by an amount equal to two percent (2%) of the amou nt in effect for the previous Fiscal Year.

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3 2. Developed Multi-Family Residential Property
a. Maximum Special Tax - The 2004 -05 Maximum Special Tax for each Assessor’s Parcel classified as Developed Multi -Family Residential Property shall be $ 524.44 multiplied by the number of sepa rate dwelling units applicable to such Assessor’s Parcel.
b. Increase in the Maximum Special Tax - On each July 1, commencing on July 1. 2005. The Maximum Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the pr evious Fiscal Year.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2004 -05 and for etch following Fiscal Year, the City Council shall levy the Special Tax at the Maximum Special Tax on all Developed Single-Family Residential Property and Developed Multi-Family Residential Property.

E. EXEMPTIONS; EXCLUSIONS
No Special Tax shall be levied on Undeveloped Property, Commercial or Industrial Property or for Developed Property developed as part of a development with less than 4 units. In the event that a Developed Multi -Family Residential Property that has been excluded from a levy of the Special Tax by reason of the payment by the property owner of Transient Occupancy Tax, and should that payment be terminated, such Assess or Parcel shall not longer be excluded from Developed Multi -Family Residential Property and will be subject to the Special Tax.

F. APPEALS AND INTERPRETATIONS
Any taxpayer may file a written appeal of the Special Tax on his/her property with the CFD Administr ator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the calculation of the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Board by filing a written notice of appeal with the Board Secretary. Provided that the appellant is current in his/her payments of Special Taxes. The - second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.

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4 G. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 20 04-1 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

H. PREPAYMENT OF THE SPECIAL TAX
The Special Tax may not be prepaid.

I. TERM OF THE SPECIAL TAX
The Annual Maximum Special Tax shall be levied in perpetuity or until Law Enforcement, Fire and Paramedic Services are no longer being provided by the City within CFD No. 2004-1, whichever is earlier. The Maximum Annual Special Tax shall be reviewed by the City Council at the end of each ten year period.

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EXHIBIT B
NOTICE OF ADOPTION OF ORDINANCE NO. 1797
NOTICE IS HEREBY GIVEN that on January 19, 2022, at the Council Chambers of the City of Indio, 100 Civic Center Mall , Indio, California 92 201, the City Council of the City of Indio, in its capacity as the legislative body of the City of Indio Community Facilities District No. 200 4-1 (Law Enforcement , Fire and Paramedic Services), held a public hearing and adopted Ordinance No. 1797. A summar y of Ordinance No. 1797 follows and is marked as Exhibit “A”. At said time and place the testimony of all interested persons or taxpayers for or against said ordinance was heard.

Ordinance No. 1797 was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

CITY COUNCIL OF THE CITY OF INDIO,

ACTING AS THE LEGISLATIVE BODY OF

THE CITY OF INDIO COMMUNITY
FACILITIES DISTRICT NO. 200 4-1 (LAW

ENFORCEMENT, FIRE AND PARAMEDIC

SERVICES)

Dated: _________________, 2023 By
Cynthia Hernandez, CMC
City Clerk of the City of Indio

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EXHIBIT “A”

TO NOTICE OF ADOPTION OF ORDINANCE

BEFORE THE CITY COUNCIL OF THE CITY OF INDIO IN ITS CAPACITY AS

THE LEGISLATIVE BODY OF THE CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC

SERVICES)

IN THE MATTER OF
Authorizing the Levy of a
Special Tax Within Annexation
Area No. 83 Annexed to City of
Indio Community Facilities
District No. 2004-1 (Law
Enforcement, Fire and
Paramedic Services)
) ORDINANCE NO. 1797 SUMMARY
)
)
)
)
)
)

The ordinance authorizes the levy of an annual special tax within Annexation Area No. 83 annexed to City of Indio Community Facilities District No . 200 4-1 (Law Enforcement, Fir e and Paramedic Services) (the “District”), collected in the same manner as ordinary ad valorem taxes, in an amount necessary to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 83 prior to the annexation of Annexation Area No. 83 respectively, to the District, which is necessary to meet increased demands placed upon the City as a result of development or re habilitation occurring within Annexation Area No. 83

DATED: ____________________, 2023 CITY OF INDIO

By:

Cynthia Hernandez, CMC
City Clerk of the City of Indio

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City Council
August 16, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Resolution No. 10386, No. 10387, and No. 10388 of the City Council of the City of Indio conditionally approving:
(1) the Specific Plan and Tentative Tract Map 38470 (TTM 22 -05-469) for the development communi a with units of adult active 1,500 residential ty clubhouse and other recreational amenities on approximately 378 acres located along Avenue 38, Avenue 39, Avenue 40, Jefferson Street, and Madison Street (Assessor’s Parcel Numbers 691 -110-002, 003, 004, 008, 011, 014, 021, 023, 025), and certifying tha t the project’s Final Environmental Impact Report (EIR) is in compliance with Section 15089 and Section 15132 of the California Environmental Quality Act (CEQA) Guidelines.

RECOMMENDATION:

Approve Resolution No. 10386, No. 10387, and No. 10388 of the C ity Council of the City of Indio conditionally approving: (1) the Specific Plan and Tentative Tract Map 38470 (TTM 22-05-469) for the development of 1,500 active adult residential units with a community clubhouse and other recreational amenities on approxi mately 378 acres located along Avenue 38, Avenue 39, Avenue 40, Jefferson Street, and Madison Street (Assessor’s Parcel Numbers 691-110-002, 003, 004, 008, 011, 014, 021, 023, 025), and certifying that the project’s Final Environmental Impact Report (EIR) is in compliance with Section 15089 and Section 15132 of the California Environmental Quality Act (CEQA) Guidelines.

SUMMARY:

On May 27, 2022, applicant David Dewegeli, submitted an application for a Specific Plan, and Tentative Tract Map with associated environmental documentation on behalf of Pulte Home Company, LLC, proposing the development of 1,500 active adult residential units. The Desert Retreat project would be developed on approximately 378 acres of land, located along Avenue 38, Avenue 39, Avenue 40, Jefferson Street, and Madison Street (Assessor’s Parcel Numbers 691-110-002, 003, 004, 008, 011, 014, 021, 023, 025). The project will also include substantial open space, including perimeter buffers, landscaped parkways, linear paseos, and a community clubhouse with outdoor recreation amenities. Vehicular access to the site is proposed from gated entries on 40th Avenue, Madison Street, and 38th Avenue. Entries will have particularized landscaping, signage, and pedestrian walkway connections.

BACKGROUND INFORMATION:

The Specific Plan proposes development of a residential community on approximately 378 acres. It would allow for the construction of up to 1,500 single -family homes at an average density of 4.1 dwelling units per acre (“du/ac”). The project would include a community clubhouse in the center of the project to include outdoor resident amenities such as pickle ball courts, bocce ball courts, tennis AGENDA ITEM #10.2
Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 a... Page 636 of 959 courts, and water features. The 1,500 single -family homes would be constructed on approximately 351.6 acres, while the clubhouse and recreation amenities will be constructed on approximately 26.1 acres.

Access to the pr operty will be taken from three newly proposed drives [from/off of] Avenue 40, Madison Street, and Avenue 38. The first access point and primary residential entry will be a gated entryway located off Avenue 40, just west the intersection with Madison Street. The project will include installation a stoplight at the proposed primary entryway, aligning with the existing driveway into the Sun City Shadow Hills golf course and restaurant. The second access point and secondary residential entry to the proposed community will be located north of the intersection of Avenue 40 and Madison Street. The project will also include placing a stoplight that will align with N Sun City Boulevard. The third access point to the proposed development is located off Avenue 38. The secondary entryway is proposed to be built directly across from Talavera Boulevard. The proposed access point is proposed to have a stop sign that will allow for both left and right turns out of the community.

Surface drainage will be split between the northern and southern halves of the property, with water flowing north in the northern portion of the property, and south in the southern portion, via project roadways and managed using retention facilities within the open space paseos. The stormwater system’s drainage framework will be adapted and detailed by implementing the Tentative Tract Map.

The proposed project has a land use designation of Suburban Neighborhood Low under the City of Indio General Plan Update and an existing zoning designation of Suburban Neighborhood – 8 under the City of Indio Unified Development Code. The Specific Plan that has been developed for this project will be defining and implementing its own set of zoning designations, which if adopted will supersede the zoning designat ions under the Unified Development Code. The proposed zoning designations under the proposed Specific Plan have been designed to complement the City of Indio General Plan Update.

The General Plan Land Use Designations, the Zoning Designations under the new Specific Plan, and the existing uses in the project area are identified in the table below:

GENERAL PLAN, ZONING, AND SURROUNDING EXISTING USE
General Plan 2040 Zoning Existing Use
Site: Suburban
Neighborhood High
Village Core/
Residential Low Vacant Infill Land
North:

Suburban
Neighborhood Low/
Public
PMP/ Public and
Institutional
Residential/ CVWD/
Treatment Plant
South: Suburban
Neighborhood Low Project Master Plan Sun City Shadow Hills/ Golf
East: Village Core/
Residential Low Specific Plan Sun City Shadow Hills
West:

Suburban
Neighborhood High/
Public
Suburban
Neighborhood High/
Public and Institutional
High School/
Residential

PROPOSED FINDINGS:

Specific Plan

AGENDA ITEM #10.2
Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 a... Page 637 of 959 Pursuant to Indio Municipal Code Section 6.05.03, Specific Plans, subject state law provisions, the City Council must make the following findings for design review approval:

I. The proposed Specific Plan is consistent with the Gener al Plan, all relevant elements and is not inconsistent with any element thereof;
The location of the project site has a General Plan land use designation of Suburban Neighborhood Low which permits the development of single -family detached residential homes and parks and recreation. Further, the Suburban Neighborhood land use designation allows for the development of 4 dwelling units per acre. As such, the Specific Plan is consistent with the permitted land use designation of detached single-family homes, as it is proposing 4 du/ac. The Specific Plan further proposes the development of c ommunity amenities such as walking trails and open -space parks and paseos less than 2,000 feet apart throughout the project site. The open -space parks and paseos fulfill the Suburban Neighborhood Low (SN-L) connectivity requirements and open space requirements of the SN -L. For the foregoing reasons, the Specific Plan is consistent with the General Plan and is not inconsistent with any element of its General Plan designation.

II. The proposed Specific Plan would not be detrimental to the public inter est, health, safety, convenience, or welfare of the City;
The Specific Plan proposes the development of 1,500 age-restricted single-family housing units at

4.1 dwelling units per acre (du/ac) as well as and community amenities consisting of a community clubhouse, walking trails, and pickleball court, bocce ball courts, and tennis courts. Single -story homes will be developed with the proposed community amenities located in the center of the community. There are open-space corridors and walking trails that ar e integrated throughout the project as a unifying design feature, encouraging walkability within the development.

All residential units are designed to minimize adverse noise impacts from the proposed nonresidential uses; and, as proposed, comply with the maximum levels permitted. (Table 11 -1:

Noise Compatibility Guidelines in the Noise Element of the City of Indio General Plan). The Project is not expected to generate operational noise beyond sources typically associated with residential land uses, such a s human and vehicular activity, garage doors, and trash collection. The Developer utilized Meridian Consultants estimate Project -related operational noise impacts by collecting reference noise level measurements from similar activities – including air conditioning, trash enclosure activity, and vehicle traffic (among other factors) – to represent the noise levels expected from the proposed Project. These operational noise levels were evaluated against exterior noise level thresholds based on the Riverside County exterior noise level standards at the four sensitive receiver locations.

All residential units shall be designed to minimize adverse impacts from mechanical equipment and operations of nonresidential uses on air pollutant emissions and odors. Odors released from any operation or activity shall not exceed detectable concentration beyond lot lines, measured at any location on the lot lines (Unified Development Code, 69). The Project site is located within the Salton Sea Air Basin, within the greater SCAQMD (South Coast Air Quality Management District), is subject to the 2022 South Coast Air Quality Management Plan (“2022 AQMP”), and the 2003 Coachella Valley PM State Implementation Plan (2003 CV PM10 SIP). The 2022 AQMP is a comprehensive plan establis hing guidelines and strategies for reducing air pollutants in order to meet national air quality standards. The EIR determined that the project will contribute impacts to air quality; such impacts will be discussed in the subsequent section(s) of this repo rt. It will not conflict with the implementation of the applicable AQMP, because its land uses were included in the development of the regional plan(s). No activities shall be conducted within the Project site that results in odors being released from any operation or activity and as such no impact is anticipated.

The single-family homes will be designed to ensure the security of future residents by providing separate and secure entrances and exits. Vehicular access to the site is proposed from gated

AGENDA ITEM #10.2
Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 a... Page 638 of 959 entries on Avenue 38, Avenue 40, and Madison Street. Walls and fences will be constructed in various settings throughout the community to provide privacy and security. In case of an emergency, emergency response vehicles will be able to enter through the three gated access points on Avenue 38, Avenue 40, and Madison Street. Ample lighting will be provided within the Project site to provide sufficient security for all residents.

The access points on Avenue 40 and Madison Street will each have a new traffic signal , that will create a four -way stop across from existing driveways at the Sun City Shadow Hill Community.

The access point on Avenue 38 will have a stop sign across from the existing driveway at Talavera Boulevard. The primary collector road within the comm unity traverses through the central part of the community. This collector road allows for vehicular stacking of over 10 vehicles at the access points leading to Avenue 40 and Madison Street.

Buildout of the 1,500 residential homes on the site can be expec ted to generate increased levels of light from interior and exterior building lighting, safety and security lighting, landscape lighting, and vehicles accessing the site during the day and nighttime. The proposed Specific Plan complies with all the City’s land use designations and will not be detrimental or injurious to (a) property or improvements in the vicinity, or (b) to the public health, safety, and general welfare.

III. The subject property is physically suitable for the requested land uses and p hysical site development;
The Suburban Neighborhood Low land use designation permits use of the land for the development of single-family detached residential homes; allowing the proposed development of 4 detached single-family homes dwelling units per acre. The Specific Plan is co nsistent with the criteria outlined in the City of Indio General Plan, and the proposed development is suitable for the land uses and physical site development(s) requested.

IV. The Specific Plan provides for community benefits beyond those normally required under existing development regulations;

The proposed project will be constructing a 25 -megawatt electrical substation that will serve the Specific Plan area. As the project is currently proposed, Imperial Irrigation District (IID), has stated that the project will utilize 15 -megawatts. The additional electrical capacity that will be generated and not utilized by the Specific Plan area will be available for use in the surrounding areas. In addition to the substation, the proposed project will be completing off-site street improvements that include but are not limited to, road improvements off of the southern half of Avenue 38 along the property frontage, full-width street improvements between Avenue 39 and Sun City Boulevard, the northern half of Avenue 40 along the property frontage, and the western half of Madison Street along the property frontage. The project will also be maintaining all of the frontage landscaping along Avenue 38, Avenue 40, Jefferson Street, and Madison Street.

V. The Spec ific Plan preserves open space, identified environmentally sensitive areas, natural vegetation and significant trees, watercourses, historic buildings and places, and other features of value to the community;
An Environmental Impact Report ( EIR) was completed to address the potential impacts from the implementation of the Specific Plan. The environmental analysis includes but is not limited to the analysis of environmentally sensitive areas, potential impacts to natural vegetation and significant trees, watercourses, historic buildings and places, and other features of value to the community.

The proposed Specific Plan will develop currently vacant highly disturbed land in North Indio. The existing setting does not contain any significant trees, watercourses, or historic buildings or places.

The parcels have minimal natural vegetation, and what is there is common to many vacant parcels within the City of Indio and the greater Coachella Valley. The scarce natur al vegetation will be removed during the preliminary grading phase of the development of the site, but the EIR found that with the adoption of mitigation measures it will have a less than significant impact.

AGENDA ITEM #10.2
Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 a... Page 639 of 959 The EIR identified environmentally sensitive ar eas within the proposed Specific Plan area. The Specific Plan includes mitigation measures in the EIR. The developer also redesigned its proposed development in response to the findings of the EIR which contains more open space(s) and will preserve and protect the identified environmentally sensitive areas.

VI. The Specific Plan provides for efficient street and utility systems through the clustering of structures;
The Specific Plan was reviewed by the local utility purveyors in the project area and the City of Indio Public Works Department, and those parties worked closely with the project applicant to ensure that the design of the Specific Plan will be adequately served by the respective agencies.

Further, the Specific Plan has been conditioned by the Public Works department to complete half- street improvements to account for the projected increase in traffic and public use of Avenue 38, Avenue 40, Jefferson, and Madison Street. The project was also conditioned by the Public Works Department to put in additional traffic signals and stop signs to help promote public safety. During the project review phase, the Imperial Irrigation District (IID) made the construction of a substation a condition of approval for the Specific Plan. The project applica nt has set aside acreage on their project site for the development of the substation and the impacts from the proposed development and implementation of the substation have been evaluated in the project EIR. The IID, Coachella Valley Water District (CVWD), and Valley Sanitary District (VSD) have provided conditions of approval for the project along with will -serve letters for the Specific Plan that are included in the resolution.

VII. The Specific Plan utilizes innovative methods and concepts not readily available under traditional subdivision and zoning methods;
The Specific Plan is innovative in its use of smaller minimum lot sizes and lot widths, which is intended to ease maintenance requirements for the active adult residents within the community.

The Specific Plan also permits the development of public or quasi-public utility or public service facilities within the development, which would not typically be permitted under the Unified Development Code or within a traditional subdivision, but it will provide a community benefit by helping to ensure that the residents of the planned community and those within the neighboring communities will have a more resilient and redundant electrical infrastructure. The Specific Plan also outlines specific design and architectural guidelines unique to the Desert Retreat project. In this regard, the Plan provides the necessary adaptability to ensure a coherent and complementary project that is further refined than what is found in the Unified Development Code.

VIII. The Specific Plan prescribes reasonable controls and standards for affected land uses to ensure compatibility with, and integrity of those uses with other established uses; The Specific Plan will develop 1,500 detached single -family homes, a community clubhouse, and open outdoor recreation space, consistent with the location’s Suburban Neighborhood Low designation. The Specific Plan proposes the development of low-density, single-family homes and open space paseos and walkways that are consistent with the prescribed uses in the land use designation. To the North, East, and South of the project site, there are existing detached single-family homes which is consistent with what the Specific Plan is proposing and what General Plan Update prescribes as a primary land use. To the West of the proposed project site, there a re public school facilities and additional single -family homes which are both compatible with primary and secondary land use designations that are consistent with what the Specific Plan is proposing. The design standards and architectural standards outline d in the Specific Plan will ensure that all residential homes, community amenities, and permitted uses

AGENDA ITEM #10.2
Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 a... Page 640 of 959 of the site are compatible with one another, consistent with surrounding existing uses, and meet all requirements outlined in the General Plan Update.

The design standards and architectural standards are also consistent with the existing single - story homes and neutral color palette homes within the neighboring communities.

IX. The Specific Plan provides reasonable property development rights whi le protecting environmentally sensitive land uses and species;

The Specific Plan will develop 1,500 single-family homes with a minimum lot area size of 4,400 feet, a minimum lot width of 40 feet, and a minimum lot depth of 100 feet on 351.6 acres of land in north Indio. The remainder of the proposed improvements inclu ding recreation courts and a clubhouse that will be 26,100 square feet built on 26.1 acres of land. The residential units will have a gross density of approximately 4 du/ac.

An EIR was completed to evaluate the potential environmental impacts of the impl ementation of the Specific Plan. The environmental analysis includes, but is not limited to, the trenching, grading, construction, and implementation of the Specific Plan. The environmental analysis determined that there may be potential impacts pertaining to air quality, biological resources, cultural resources, and traffic. To minimize the impacts to these environmentally sensitive areas, the Specific Plan was reconfigured to limit potential identified impacts. The project will also adopt a Mitigation and Monitoring Reporting Program (MMRP) that will certify mitigation measures to protect environmentally sensitive land uses and species within the project area.

X. The proposed Specific Plan ensures development of desirable character which would be harmonious the in development surrounding and existing with proposed neighborhood;
The overall architectural theme governing the development of the community exemplifies a high level of architectural quality and attention to detail, combined with choosing mater ials appropriate for use in the local desert environment based on durability and building code industry standards. Architectural styles designed for this community will utilize materials that are long-lasting, such as metal, wood, and brick. The color pale tte consists mainly of neutral earth tones such as tan, white, and light brown that are consistent with neighboring communities. The proposed design includes residential and people -centric spaces at pedestrian scale and attracts the visual interest as residents move throughout Desert Retreat.

A variety of roof types and colors are permitted under the Specific Plan. Roofs shall reflect the selected product type architectural concept and respond to the style, materials, and scale of the building. Roof overhangs are encouraged to provide additional pedestrian shading near the homes and within the community. Roof pitches of 3:12 to 5:12 are permitted as well as flat roofs and parapets within the Desert Retreat Community. Roofing materials will include concrete s-tile and concrete slate tile. Desert Retreat homes will be primarily single -story and encourage indoor/outdoor living, consistent with the existing design of residential homes within neighboring communities to the north, south, east, and west.

The land scape architectural design for this project reflects a “desert -scape” theme with supplemental ornamental accent landscaping. The allowable plant mix consists of drought - resistant plants. The Specific Plan outlines community landscape policies that, “provid e a commitment to water conservation.” The Specific Plan will meet this policy by utilizing the “proper” layout of “water efficient” plant materials and a state -of-the-art irrigation system. It is the intent of these guidelines to provide flexibility and diversity in plant material selection while maintaining a limited palette to give greater unity and thematic identity to the community. The landscape materials listed in the Community Plant Palette have been selected for their

AGENDA ITEM #10.2
Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 a... Page 641 of 959 appropriateness to the project theme, climatic conditions, soil conditions, and concern for maintenance. The selection of plant material will include ground covers, accent shrubs, functional turf palm trees, and evergreen trees. Flowering vines and espaliers may also be used throughout the project. The proposed Community Plant Palette is consistent with the City of Indio’s drought -tolerant landscaping plans and with the neighboring community landscape plans.

XI. The Specific Plan has been designed to provide for flexibility, innovative use of land resources and development, a variety of housing and other development types, and an equitable method of transportation access;

The Specific Plan has been designed to allow for several different types of land uses. Table

3.1 below outlines the permitted uses in the Specific Plan:

Single-family homes are a permitted use within the Specific Plan area. To provide for flexibility, and account for potential market changes, the Specific Plan permits accessory dwelling units and accessory building uses/ structures on residents’ property. This would include the addition of granny flats and casitas, which provides for a variety of housing within the community.

There are also parts of the development designated for public or quasi -public facilities which allows for flexibility for future developments of potential utility facilities and utility easements that may benefit the community at large. The private open sp ace and recreational facilities promote walkability within the community and provide different mechanisms for active transportation to and from the community amenities and facilities.

XII. The Specific Plan is not an alternate to adopted developm ent regulations of the City because the applicant has substantively demonstrated that the Specific Plan achieves one or more of the following:

a. Provides for community benefits beyond those normally required under existing development regulations.

The proposed project will be constructing a 25 -megawatt electrical substation that will serve the Specific Plan area. As the project is currently proposed, Imperial Irrigation District (IID), has stated that the project will utilize 15 -megawatts. The additiona l electrical capacity that will be generated and not utilized by the Specific Plan area will be available for use in the surrounding areas. In addition to the substation, the proposed project will be completing off-site street improvements that include but are not limited to, road improvements off of the southern half of Avenue 38 along the property frontage, full-width street improvements between Avenue 39 and Sun City Boulevard, the northern half of Avenue 40 along the property frontage, and the western h alf of Madison Street along the property frontage. The project will also be maintaining all of the frontage landscaping along Avenue 38, Avenue 40, Jefferson Street, and Madison Street.

b. Preserves open space, identified environmentally sensitive ar eas, natural vegetation and significant trees, watercourses, historic buildings and places and other features of value to the community.

AGENDA ITEM #10.2
Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 a... Page 642 of 959 An Environmental Impact Report (EIR) was completed to address the potential impacts from the implementation of the Spec ific Plan. The environmental analysis includes but is not limited to the analysis of environmentally sensitive areas, potential impacts to natural vegetation and significant trees, watercourses, historic buildings and places, and other features of value to the community. The proposed Specific Plan will develop currently vacant highly disturbed land in North Indio. The existing setting does not contain any significant trees, watercourses, or historic buildings and places. The parcels have scarce natural vege tation that is common to many vacant parcels within the City of Indio and the greater Coachella Valley. The scarce natural vegetation will be removed during the preliminary grading phase of the development of the site and will have a less than significant impact. The EIR has identified environmentally sensitive areas within the proposed Specific Plan area. The Specific Plan has adopted mitigation measures in the EIR and has redesigned its proposed development to create open spaces that will preserve and protect the identified environmentally sensitive areas.

c. Provides for efficient street and utility systems through the clustering of structures.

The Specific Plan has been reviewed by the local utility purveyors in the project area and the City of Indio Public Works Department. The local utility purveyors and the City of Indio Public Works Department have worked closely with the project applicant to ensure that the Specific Plan’s project design will be adequately served by the respective agencies. Furth er, the Specific Plan has been conditioned by the Public Works department to complete half-street improvements to account for the projected increase in traffic and public use of Avenue 38, Avenue 40, Jefferson, and Madison Street. The project was also conditioned by the Public Works Department to put in additional traffic signals and stop signs to help promote public safety. During the project review phase, the Imperial Irrigation District (IID) made the construction of a substation a condition of approval for the Specific Plan. The project applicant has set aside acreage on their project site for the development of the substation and the impacts from the proposed development and implementation of the substation have been evaluated in the project EIR. The II D, Coachella Valley Water District (CVWD), and Valley Sanitary District (VSD) have provided conditions of approval for the project along with will -serve letters for the Specific Plan that are included in the resolution.

XIII. There are existing or planned public and private infrastructure available to the subject property(ies) proposed for the Specific Plan. If one or more public or private infrastructure are not currently available to serve the project, the applicant shall bear the burden of proof in demonstrating how such service will be provided; The Specific Plan area provides for domestic water and sanitary sewer service by the Coachella Valley Water District (CVWD). Development within the project will be served by a private network of lines that will connect to existing public CVWD water and sewer lines located at 3 points of connection off Ave 38, Ave 40, and near the corner of Ave 39 and Jefferson. The CVWD has provided conditions of approval for the Specific Plan that ar e binding and must be adhered to.

The Specific Plan area also deals with the provisions of electrical service to the development by the Imperial Irrigation District (IID). IID has notified the project applicant that a substation must be built to serve the proposed Specific Plan development. The project applicant is constructing a substation and the development of the substation is accounted for in the Specific Plan. The construction of the substation is also evaluated in the project’s

AGENDA ITEM #10.2
Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 a... Page 643 of 959 Environmental Impact Report. IID has provided conditions of approval for the Specific Plan that are binding and must be adhered to.

XIV. The Specific Plan is the “highest and best use” of the land relative to the requested change in allowable land uses, development intensity and/or density, and development standards as compared against the current zoning applied to the property(ies) being proposed for the application of the Specific Plan; and The proposed Specific Plan is consistent with the City of Indio’s General P lan Update and land use designation of Suburban Neighborhood High (SN -H). The current zoning for the proposed project area under the City of Indio’s Unified Development Code is Suburban Neighborhood – 8. The Specific Plan development standards are outlined in Table 3.2 below:

SN-H allows for a minimum of 4 dwelling units per acre (du/ac) with a maximum of 8 du/ac.

SN-8 requires a housing density of greater than 4 du/ac and a maximum of 8 du/ac. SN -4 requires a housing density of 4 du/ac or fewer. The Specific Plan is proposing a development intensity of 4 du/ac which is consistent with the SN -H land use designation and the SN-4 zoning designation while being slightly less dense than SN -8. The minimum lot area outlined in the Specific Plan is 4,400 square feet (sf). The minimum lot area outlined in the UDC for SN-8 is 4,500 sf. The minimum lot depth of the parcel in the Specific Plan is 100 feet. The minimum lot depth under the SN -8 zoning designation is 80 feet. The minimum lot coverage is 65% under the Specific Plan and 60% unde r the SN -8. The minimum lot width of the parcel under the Specific Plan and under the SN-8 is 40 feet.

The proposed development standards under the Specific Plan are similar in nature to the development standards for both the SN -8 and SN-4 zoning designations under the UDC.

The proposed differences in the Specific Plan development standards allow for a bit more flexibility in site designs that account for potential market changes and variability within the proposed community. The Specific Plan outlines consistency within the approximately 377- acre site that allows for several different types of architectural designs that maintain consistency across the different residential lot sizes.

XV. The proposed project has been reviewed in compliance with the applicable provisions of CEQA and the EIR found that there would be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless findings are made in compliance with CEQA.

As the Lead Agency, the City prepared a Final EIR pursuant to the California Environmental Quality Act (CEQA; California Public Resources Code, Section 21000, et seq.) and in accordance with the Guidelines for the Implementation of the California Env ironmental Quality Act (CEQA Guidelines; California Code of Regulations, Title 14, Section 15000, et seq.). The CEQA Guidelines require the City to prepare an EIR for any project that includes a request for approval of discretionary actions that may result in significant effects on the environment. Upon preliminary review, the City determined the Project may have significant effects on the environment and the City prepared a Draft EIR and circulated it for review in February 2023. The Final EIR has been prepared pursuant to Section 15089 of the CEQA Guidelines and incorporates the February 2023 Draft EIR by reference; comments on the Draft EIR received during the 45 -day public comment period; written responses to these comments; and corresponding revisions to the text of the Draft EIR.

AGENDA ITEM #10.2
Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 a... Page 644 of 959 If approved, all mitigation measures identified in the EIR and adopted by the City will be identified in a Mitigation Monitoring Program to define the timing and other requirements for implementing these mitigation measures a s the Community is developed over time. All individual development projects within the Specific Plan will be reviewed for consistency with the Specific Plan to determine if supplemental environmental review documentation is needed pursuant to CEQA Guidelines.

Tentative Tract Map:

The Subdivision Map Act requires that, prior to any map approval, the City find that the proposed subdivision, together with the provisions for its design and improvement of any tentative map or a parcel map is consistent with th e general plan. (Government Code Sections 66473.5). The Findings and Conclusion Section of this report address the consistency of the Specific Plan’s proposed parcel division with the Subdivision Map Act.

The Indio Municipal Code provides that the City Cou ncil shall, upon recommending approval unequivocally or with modifications to the requirements and conditions it proposes upon a tentative map, make the necessary findings as required by the Subdivision Map Act. Further, California Government Code Section 66474 sets forth findings that both the Planning Commission and the City Council must adopt the required findings for tentative maps that are analyzed below pertaining to the proposed tentative tract map:

1. The design or improvement of the proposed subdivi sion is consistent with applicable general and specific plans in that:

Incorporating the facts set forth above, the proposed parcel subdivision will be in conformance with the General Plan land use designation of the Suburban Neighborhood High (SN -H) land use designation, and with the policies and specific actions as described above. The proposed project is not within a specific plan area; rather it will be developing and implementing its own Specific Plan that is in compliance with the General Plan land use designations. Therefore, the proposed parcel subdivision, including any design and improvements, is consistent with the applicable general and specific plans.

2. The site is physically suitable for the type of development in that:

The Project Site is physic ally suitable for the type of development in keeping with the requirements of the general development standards of the City of Indio General Plan Update.

Adequate access and infrastructure exist or will be provided as a condition of approval for the development of the project. Furthermore, the site has no topographical constraints. Therefore, it can be determined that the proposed subdivision is physically suitable for the site.

3. The site is physically suitable for the proposed density of development in that:

The Project Site has both a land use designation of Suburban Neighborhood and a proposed Specific Plan zoning designation of Suburban Neighborhood. The SN land use designation permits the development of low-intensity detached single-family homes. The proposed Specific Plan permits the development of low -intensity detached single -family homes at 4 du/ac. The proposed tentative tract map will be subdividing land for a 1,500 active -adult single -family housing development with associated community -serving ameni ties such as a clubhouse, pools, and tennis courts. The proposed project is consistent with the City of Indio General Plan and the proposed Specific Plan. The Project will be a suitable development in keeping with the requirements of the general development standards of the Specific Plan and the General Plan 2040. Therefore, the site of the proposed subdivision proposed under Tentative Tract Map No. 38470 and will be physically suitable for the proposed density of development.

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

AGENDA ITEM #10.2
Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 a... Page 645 of 959 The Project Site is surrounded by heavily disturbed lands a nd there is no presence of fish or wildlife or their habitat on this property. There are no watercourses, streams, or wetlands present on the property. The Project is therefore not likely to cause substantial environmental damage and within the City and provides no fish or significant wildlife habitat.

5. The design of the subdivision or type of improvements are not likely to cause serious public health problems in that:

The proposed design of the subdivision or type of improvements contemplated by the proposed tract map is not likely to cause serious public health problems, as adequate sewer and water systems will be available to the resultant parcels. The parcels have the necessary infrastructure to adequately serve the proposed development and all proposed u ses as allowed by the Specific Plan that regulates the Project Site.

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

The design or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. Public utilities for electricity, water, sewer, telecommunic ations, and gas service have all been assessed for availability. The access points to the project have been reviewed and approved by the Fire and Public Works Departments as part of the overall approval of the Project. There are no known public easements traversing the subject site that would be adversely affected by the Project.

Therefore, the tentative tract map will not conflict with easements acquired or required by the public at large, for access through or use of the property.

Staff concludes that b ased on the foregoing provisions of this report, the findings set forth in Government Code Section 66474 can affirmatively be adopted for the proposed Tentative Tract Map No. 38470 (Case File No. 22-05-469). The proposed parcel subdivision is consistent with the General Plan as it meets the SN land use designation and the Specific Plan SN zoning designation. The parcel subdivision will not conflict with easements acquired by the public at large, for access through or use of property within the proposed parcel subdivision as all such improvements will be constructed to be adequate for the Project, and it will not cause substantial environmental damage or substantially avoidably injure fish, wildlife, or their habitat. The required conditions of approval ensur e the Project from being detrimental to the public health, safety, or welfare and actually protect and promote the public health, safety, and welfare, and the conditions prevent material injury to properties or improvements in the vicinity.

PUBLIC HEARING NOTICE:

A public hearing notice for the Project was published in the Desert Sun, the newspaper of record, on August 4, 2023. A public hearing notice was mailed to property owners within a radius of a quarter (¼) mile of the subject property on August 4, 20 23, which exceeds the minimum requirement of Section 6.03.08 of the City of Indio Unified Development Code.

PUBLIC COMMENTS RECEIVED:

At the time of drafting this staff report, staff received over 1,200 public comments on this application.

All comment s have been addressed and have been included in the administrative record. All comments can be reviewed by utilizing the following link:
https://indio.civicweb.net/filepro/document/30239/July%2026,%202023- %20Planning%20Commission%20Meeting-
%20Public%20Comments%20Received%20Item%205.2.pdf

AGENDA ITEM #10.2
Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 a... Page 646 of 959 The proposed project’s Specific Plan, Tentative Tract Map No. 38470, and the Final Environmental Impact Report received a recommendation of approval from the Planning Commission to the City Council on Wednesday, July 26, 2023, by a vote of 3-0.

ENVIRONMENTAL ASSESSMENT:

As the Lead Agency, the City prepared a Final EIR pursuant to the California Environmental Quality Act (CEQA; California Public Resources Code, Section 21000, et seq.) and in accordance with the Guidelines for the Implementation of the California Envir onmental Quality Act (CEQA Guidelines; California Code of Regulations, Title 14, Section 15000, et seq.). The CEQA Guidelines require the City to prepare an EIR for any project that includes a request for approval of discretionary actions that may result in significant effects on the environment. Upon preliminary review, the City determined the Project may have significant effects on the environment and the City prepared a Draft EIR and circulated it for review in February 2023. The Final EIR has been prepared pursuant to Section 15089 of the CEQA Guidelines and incorporates the February 2023 Draft EIR by reference; comments on the Draft EIR received during the 45 -day public comment period; written responses to these comments; and corresponding revisions to the text of the Draft EIR.

If approved, all mitigation measures identified in the EIR and adopted by the City will be identified in a Mitigation Monitoring Program to define the timing and other requirements for implementing these mitigation measures as the Community is developed ov er time. All individual development projects within the Specific Plan will be reviewed for consistency with the Specific Plan to determine if supplemental environmental review documentation is needed pursuant to CEQA Guidelines.

ATTACHMENTS:

Attachment 1 Resolution No. 10386 Desert Retreat by Pulte Homes Specific Plan Attachment 2 Resolution No. 10387 Desert Retreat by Pulte Homes Tentative Tract Map Attachment 3 Resolution No. 10388 Desert Retreat by Pulte Homes Final Environmental Impact Report
Attachment 4 Desert Retreat by Pulte Homes Specific Plan Attachment 5 TTM 38470
Attachment 6 Desert Retreat by Pulte Homes Final EIR with Appendices Attachment 7 Desert Retreat by Pulte Homes Mitigation Monitoring and Reporting Program

APPROVAL(S):

Steven Graham, City Attorney Approved - 07 Aug 2023
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 07 Aug 2023 Bryan H. Montgomery, City Manager Approved - 08 Aug 2023

AGENDA ITEM #10.2
Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 a... Page 647 of 959 1 RESOLUTION NO. 10386

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

CONDITIONALLY APPROVING THE SPECIFIC PLAN FOR THE DEVELOPMENT OF LAND FOR 1,500 SINGLE-FAMILY RESIDENTIAL HOMES, PRIVATE ACCESS ROADS, AND RECREATIONAL AMENITIES ON APPROXIMATELY 378 ACRES LOCATED ALONG AVENUE 38, AVENUE 39, AVENUE 40, JEFFERSON STREET, AND MADISON STREET (APN’S 691-110-002, 003, 004, 008, 011, 014, 021, 023, 025)

WHEREAS, Pulte Home Company, LLC., 27401 Los Altos, Sui te 400, Mission Viejo, CA 92691, submitted a Planning Application with supporting documentation on May 27, 2022, for a Specific Plan, Environmental Impact Report, and Tentative Tract Map 38470, for the Desert Retreat Project (“Project”) which spans across APN 691 -110-002, 003, 004, 008, 011, 014, 691- 100-021, 023, 025 located along Avenue 38, Avenue 39, Avenue 40, Jefferson Street, and Madison Street in North Indio (hereafter “Project Site”); and
WHEREAS, the proposed Specific Plan proposes to develop 1,500 active adult single-family residential units, a community clubhouse, community recreational facilities, community landscaping guidelines, and community design standards on 378 acres of land; and

WHEREAS, pursuant to Indio Municipal Code (“IMC”) section 32.09(B)(2), the Planning Commission found that the proposed Specific Plan is consistent with the City of Indio General Plan 2040 pertaining to land use patterns , intensities, densities, building and site design, and public right-of-way improvements; and

WHEREAS, the proposed Specific Plan complies with all of the City’s land use designations and would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and

WHEREAS, a public hearing notice for the Project was published in the Desert Sun, the newspaper of record, on July 10, 2023. A public hearing notice was mailed to property owners within a radius of a quarter (¼) mile of the subject property on July 12, 2023, consistent with Section 6.03.08 of the City of Indio Unified Development Code. At the time of drafting this staff report, staff has received 85 public comments on this application. All comments have been addressed and included in the Final Environmental Impact Report at the time of issuance of this staff report; and

WHEREAS, the Planning Commission held a public hearing, considered evidence presented by the applicant, the Community Development Department , and other interested parties at a public hearing held on the 26 th day of July 2023, with respect to the Desert Retreat project proposal; and

WHEREAS, following the conclusion of the public hearing and discussion, the Planning Commission recommended the approval to City Council for this Resolution for

AGENDA ITEM #10.2
Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 a... Page 648 of 959 2 the Specific Plan (Case File No. 22-05-469) for the Desert Retreat Project with a vote of 3-0; and
WHEREAS, the Commission adopted staff’s recommendations without amendment; any other amendments are within the City Council's discretion to make any of the other suggested amendments or their own changes to this and the other two (2) proposed resolutions; and

WHEREAS, following the conclusion of the public hearing and discussion, the City Council conditionally approved this Resolution for the Specific Plan (Case File No. 22-05- 469) for the Desert Retreat Project . The motion vote outcome specified in the meeting minutes for the August 16, 2023, City Council meeting.

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

Section 1. Incorporation of Recitals. 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 the following findings by reference, and constitute a material part of this Resolution.

Section 2. Specific Plan Find ings. Based upon the evidence presented at the hearing, including the staff report and written and verbal testimony, the City Council hereby finds:

I. The proposed Specific Plan is consistent with all relevant elements of the General Plan, and is not inconsistent with any element thereof; II. The proposed Specific Plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
III. The subject property is physically suitable for the requested land uses and physical site development;
IV. The Specific Plan provides for community benefits beyond those normally required under existing development regulations;
V. The Specific Plan preserves open space, identified environmentally sensitive areas, natural vegetation and significant trees, watercourses, historic buildings and places, and other features of value to the community; VI. The Specific Plan provides for efficient street and utility systems through the clustering of structures;
VII. The Specific Plan utilizes innovative methods and concepts not readily available under traditional subdivision and zoning methods; VIII. The Specific Plan prescribes reasonable controls and standards for affected land uses to ensure compatibility with, and integrity of those uses with other established uses;
IX. The Specific Plan provides reasonable property development rights while protecting environmentally sensitive land uses and species; X. The proposed Specific Plan ensures development of desirable character which would be harmonious with existing and proposed development in the surrounding neighborhood;

AGENDA ITEM #10.2
Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 a... Page 649 of 959 3 XI. The Specific Plan has been designed to provide for flexibility, innovative use of land resources and development, a variety of housing and other development types, and an equitable method of transportation access; XII. The Specific Plan is not an alternate to adopted development regulations of the City because the applicant has substantively demonstrated that the Specific Plan achieves one or more of the following:
a. Provides for community benefits beyond those normally required under existing development regulations.
b. Preserves open space, identified environmentally sensitive areas, natural vegetation and significant trees, watercourses, historic buildings and places and other features of value to the community. c. Provides for efficient street and utility systems through the clustering of structures.

XIII. There are existing or planned public and private infrastructure available to the subject property(ies) proposed for the Specific P lan. If one or more public or private infrastructure are not currently available to serve the project, the applicant shall bear the burden of proof in demonstrating how such service will be provided;
XIV. The Specific Plan is the “highest and best use” of the l and relative to the requested change in allowable land uses, development intensity and/or density, and development standards as compared against the current zoning applied to the property(ies) being proposed for the application of the Specific Plan; and
XV. The proposed project has been reviewed in compliance with the applicable provisions of CEQA and the EIR found that there would be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored unless findings are made in compliance with CEQA.

Section 3. Recommendation. Based on the foregoing, the City Council Planning Commission hereby CONDITIONALLY APPROVES the Desert Retreat by Pulte Homes Specific Plan (DR 22-06-503), subject to the conditions of approval contained herein. The Applicant shall demonstrate compliance to ALL conditions of approval, listed in the Resolution. Failure to demonstrate compliance to these conditions of approval may result in the delay of the proposed use or the rescinding of the City of Indio’s project approval.

Where the term “Applicant” is used in any condition of approval, this term shall apply also to the Property owner, any developer, or any successor in the interest of the Applicant. It is the Applicant’s or Applicant’s successor in interest responsibility to fully comply with the conditions of approval unless subsequently modified in accordance with the City’s required processes and procedures.

SECTION 4. The City Council Secretary shall certify to the passage, approval, and adoption of this Resolution.

AGENDA ITEM #10.2
Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 a... Page 650 of 959 4 PASSED, APPROVED, and ADOPTED this 16th day of August 2023, by the following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

OSCAR ORTIZ
MAYOR

ATTEST:

CYNTHIA HERNANDEZ, CMC

CITY CLERK

AGENDA ITEM #10.2
Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 a... Page 651 of 959 RESOLUTION NO. 10387

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA CONDITIONALLY APPROVING TENTATIVE TRACT MAP 38470 (T TM 22 -05-469)

FOR THE SUBDIVISION OF LAND TO CREATE PARCELS OF LAND FOR SINGLE -

FAMILY RESIDENTIAL, PRIVATE ACCESS ROADS, AND PRIVATE RECREATIONAL PURPOSES ON APPROXIMATELY 378 ACRES LOCATED ALONG AVENUE 38, AVENUE 39, AVENUE 40, JEFFERSON STREET, AND MADISON STREET (APN’S 691-110-002, 003, 004, 008, 011, 014, 021, 023, 025)

WHEREAS, Pulte Home Company, LLC., 27401 Los Altos, Suite 400, Mission Viejo, CA 92691, submitted a Planning Application with supporting documentation on May 27, 2022, for a Specific Plan, Tentative Tract Map 38470, and Environmental Impact Report (EIR) for the Desert Retreat Project (“Project”) which spans across APN 691-110- 002, 003, 004, 008, 011, 014, 691- 100-021, 023, 025 located along Avenue 38, Avenue 39, Avenue 40, Jefferson Street, and Madison Street in North Indio (hereafter “Project Site”); and

WHEREAS, the proposed Tentative Tract Map will create 1,500 single-family lots plus additional lots for access roads and private recreational amenities on approximately 377 acres; and
WHEREAS, approval of Tentative Tract Map 38470 is considered a “project” as defined by the California Environmental Quality Act, Public Resources Code Section 21000 et seq. (“CEQA”); and
WHEREAS, Tentative Tract Map 38470 was reviewed under the Desert Retreat Specific Plan Draft Environmental Impact Report (EIR); and WHEREAS, the Draft EIR assessed potentially significant impacts that could result from the Project and tiers off of the General Plan 2040 Environmental Impact Report (SCH# 2015081021), which analyzes the Project site in its assessment of all resource areas. The General Plan 2040 ElR is and was available during the comment process online at www.indio.org . The Draft EIR considered the impacts of the Tentative Tract Map for the proposed Project. The Draft EIR presents the environmental impact analyses for all CEQA res ource topics and identifies mitigation measures to reduce potentially significant impacts to a less than significant level, where necessary; and WHEREAS, on February 28, 2022, the City initiated the 45- day public review period on the Draft EIR by filing a Notice of Availability with the State Office of Planning and Research, publishing the Notice in the Desert Sun, a newspaper of general circulation, and releasing the Draft EIR (SCH #2022070300) for public review and comment online at www.indio.org; and,
WHEREAS, pursuant to State CEQA Guidelines, Section 15086, the City consulted with and requested comments from all responsible and commenting agencies,

AGENDA ITEM #10.2
Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 a... Page 652 of 959 and interested parties during the 45- day comment period, which ran from February 28, 2023 to April 14, 2023; and,
WHEREAS, during the public review period, copies of the Draft EIR were provided online at www.indio.org, were available for public review and in printed form at City Hall care of the City Clerk; and,
WHEREAS, the City received written comments on the Draft EIR during the public review period for the Draft EIR; and,
WHEREAS, following the end of the public review period, the City prepared written responses to all comments received on the Draft EIR per CEQA Guidelines. The Draft EIR, all appendices thereto; the Comments and Responses to Comments on the Draft EIR; clarifications, revisions, and corrections to the Draft EIR; and the Mitigation Monitoring and Reporting Program and all appendices thereto represent the Final EIR for the project; and
WHEREAS, the Project is consistent with and intended to implement the vision of the Desert Retreat Specific Plan and t he General Plan 2040 pertaining to land use patterns, intensities, densities, building and site design and public right -of-way improvements; and
WHEREAS, the Subdivision Map Act and the Indio Unified Develop Code (UDC §

6.05.03(J)(1)) require that, prior to any map approval, the City must find that the proposed subdivision, together with the provisions for its design and improvement of any tentative map or a parcel map, is consistent with the general plan and any applicable specific plan, and that the site is physically suitable for that type of development and the proposed density, and that the design of the subdivision is not likely to cause serious public health problems, conflict with easements, or cause substantial environmental damage or substantially and avoidably injure fish, wildlife, or their habitat (Government Code Section 66473.5); and

WHEREAS, the Tentative Tract Map is consistent with the General Plan 2040 and meets the Suburban Neighborhood High land use designation requirements and is consistent with the requirements outlined in the Desert Retreat Specific Plan; and

WHEREAS, the Tentative Tract Map will not conflict with easements acquired by the public at large, for access through or use of property within the propose d parcel subdivision as all such improvements will be constructed to be adequate for the Project, and it will not cause substantial environmental damage or substantially avoidably injure fish, wildlife, or their habitat; and

WHEREAS, the proposed design of the subdivision improvements contemplated by the proposed parcel subdivision is not likely to be detrimental to public health, safety, or welfare as adequate sewer and water systems will be available to the two resultant parcels. The parcels have the necessary infrastructure to adequately serve the proposed

AGENDA ITEM #10.2
Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 a... Page 653 of 959 development and all proposed uses as allowed by the zoning ordinances that regulate the Project Site; and

WHEREAS, on July 10, 2023, City staff published a legal notice of public hearing in the Desert Sun, the newspaper of record, in accordance with Indio Municipal Code (“IMC”) Section s 156.021-156.022, and California Government Code Sections 65090, 65094 66451.3 and mailed notices of public hearing on July 12, 2023, to all property owners within ¼ mile of the boundaries of the proposed Project; and WHEREAS, the Planning Commission held a public hearing, considered evidence presented by the applicant, the Community Development Department , and other interested parties at a public hearing held on the 26th day of July 2023 with respect to Desert Retreat project proposal; and

WHEREAS, the Commission adopted staff’s recommendations without amendment; any other amendments are within the City Council's discretion to make any of the other suggested amendments or their own changes to this and the other two (2) proposed resolutions; and

WHEREAS, at the conclusion of the public hearing and discussion, the Planning Commission voted 3-0 to recommend that the City Council approve this Resolution for the Tentative Tract Map 38470 (Case File No. 22-05-469) for the Desert Retreat Project ; and

WHEREAS, consistent with Indio Municipal Code (“IMC”) Section 156.024, following the conclusion of the public hearing and discussion, the City Council conditionally approved this Resolution for the Tentative Tract Map 38470 (Case File No. 22-05-469) for the Desert Retreat Project with the motion vote outcome specified in the meeting minutes for the August 16, 2023, City Council meeting.

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

Section 1. Incorporation of Recitals. 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 the following findings by reference, and constitute a material part of this Resolution.

Section 2. M
ap Findings . Based upon the evidence presented at the hearing, including the staff report and written and verbal testimony, the City Council hereby finds:

a. Tentative Tract Map 38470 (Case File No. 22-05-469) is in compliance with the Subdivision Map Act.

b. The proposed map is consistent with applicable general and specific plans in that the Project is proposing to develop 1,500 active adult communities,

AGENDA ITEM #10.2
Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 a... Page 654 of 959 a community clubhouse, a community landscape plan, and recr eational amenities and is consistent with the General Plan 2040 and the Desert Retreat Specific Plan.

c. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans in that the proposed parcel subdivision will be in conformance with the General Plan land use designation of the SN-H land use designation and with the policies and specific actions in the Desert Retreat Specific Plan and General Plan 2040.

d. The site is physically suitable for the type of developm ent in that adequate access and infrastructure exist or will be provided. Furthermore, the site has no topographical constraints.

e. The site is physically suitable for the proposed density of development in that the SN-H and Village Core designation calls for detached single-family housing units at approximately 4 dwelling units per acre and is consistent with the General Plan 2040 and the Unified Development Code.

f. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that the Project Site is surrounded by heavily disturbed lands and there is no presence of fish or wildlife or their habitat on this property. There are no watercourses, streams, or wetlands present on the property. The Project is therefore not likely to cause substantial environmental damage anQ12 d within the City and provides no fish or significant wildlife habitat.

g. The design of the subdivision or type of improvements are not likely to cause serious public health problems in that adequate sewer and water systems will be available to the resultant parcels. The parcels have the necessary infrastructure to adequately serve the proposed 1,500 active adult residential units, community clubhouse, and community amenities and all proposed uses as allowed by the specific plan that regulates the Project Site.

h. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision in that public utilities for electricity, water, sewer, telecommunications, and gas service have all been assessed for availability. There are no known public easements traversing the subject site that would be adversely affected by the Project. Therefore, the parcel subdivision will not conflict with easements acquired or required by the public at large, for access through or use of the property.

AGENDA ITEM #10.2
Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 a... Page 655 of 959 Section 3. Recommendation. Based on the foregoing, the City Council Planning hereby CONDITIONALLY APPROV ES the Desert Retreat by Pulte Homes Tentative Tract Map No. 38470 (TTM 22-05-469), subject to the conditions of approval contained herein. The Applicant shall demonstrate compliance to ALL conditions of approval, listed in the Resolution. Failure to demonstrate compliance to these conditions of approval may result in the delay of the proposed use or the rescinding of the City of Indio’s project approval. Where the term “Applicant” is used in any condition of approval, this term shall apply also to the Property owner, any developer, or any successor in the interest of the Applicant. It is the Applicant’s or Applicant’s successor in interest responsibility to full y comply with the conditions of approval unless subsequently modified in accordance with the City’s required processes and procedures:

General Conditions of Approval:

The Applicant shall demonstrate full compliance to the following conditions of approval:

1. IID will not begin any studies, engineering or estimate costs to provide electrical service to the development project until the applicant submits a customer project application (available at http://www.iid.com/home/showdocument?id=12923 and detailed loading information, panel sizes, project schedule and estimated in - s
ervice date. Applicant shall bear all costs associated with providing electrical service to the project, including but not limited to the construction of a substation, transmission and di stribution line extensions, distribution getaways and distribution feeders, line relocations and the re- configuration of distribution lines and related upgrades as well as applicable permits, zoning changes, landscaping (if required by the City) and rights-of-way and easements.

2. However, based on the preliminary information provided to 110, the district can accommodate the power requirements of the project under the conditions and requirements described in the interim and permanent plans of service containe d in the district's June 21, 2022, Will Serve letter issued to the project developer, Morrow Management, and attached herewith.

3. For additional information regarding electrical service for the project, the applicant should be advised to contact the IID Energy - La Quinta Division Customer Operations, 81- 600 Avenue 58 La Quinta, CA 92253, at (760) 398- 5841 and speak with the project development planner assigned to the area.

4. It is important to note that IID's policy is to extend its electrical facilities onl y to those project that have obtained the approval of a City or County planning commission and such other governmental authority or decision- making body having jurisdiction over said developments.

5. The applicant will be required to provide rights -of-way and easements for power line extensions and/or any other infrastructure needed to serve the project.

AGENDA ITEM #10.2
Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 a... Page 656 of 959

6. Public utility easements over all private public roads and additional ten (10) feet in width on both side of the private and public roads shall be dedicated to IID for the construction, operation, and maintenance of its electrical infrastructure.

7. Applicant should be advised that landscaping can be dangerous if items are planted too close to IID's electrical equipment. In the event of an outage, or equipment failure, ii is vital that IID personnel have immediate and safe access to its equipment to make the needed repairs. For public safety, and that of the electrical workers, it is important to adhere to standards that limit landscaping around electrical facilities. IID landscaping guidelines are available at https://www.iid.com/energy/vegetation-management.

8. Fire Hydrants and Fire Flow: Provide one copy of the water system plans to show there exist fire hydrant(s) capable of delivering the minimum fire flow required per CFC Appendix B Table 105.1, within 400 feet to all portions around the proposed structure. Minimum fire hydrant location and spacing shall comply with CFC and NFPA 14.

9. If Fire Hydrants are required to be installed, applicant/developer shall furnish two copies of the water system fire hydrant plans directly to the Fire Department for review and approval prior to building permit issuance. Plans shall be signed by a registered Civil Engineer, and shall confirm hydrant type, location, spacing and minimum Fire Flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and Approval.

10. Fire Department Access: Provide a Site Plan for Fire Apparatus Access Roads and Signage. Access roads shall be provided to within 150 feet to all portions of all buildings and shall have an unobstructed width of not less than 24 feet. The construction of the Access Roads shall all weather surface and capable of sustaining 75,000 pounds over two axels for commercial developments per CFC 503.1.1 and 503.2.1 as amended by the City of Indio.

11. Phased Construction Access: If construction is phased, each phase shall provide approved access for fire protection prior to any construction (CFC 503.1)

12. Requests for installation of Traffic Calming designs/devices on Fire Apparatus Access Roads are prohibited unless submitted and approved by the Office of the Fire Marshal.

13. Construction Permits Fire Department Review: Submittal of construction plans to the Office of the Fire Marshal for development, construction, installation, and operation use permitting will be required. Final Fire and Life Safety conditions will be addressed when the plans are reviewed. These conditions will be based on the occupancy, use, CBC, CFC, and all other related codes which are in effect at the time of building plan submittal.

AGENDA ITEM #10.2
Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 a... Page 657 of 959

14. Fire Sprinkler System: All structures 3,600 sq ft or larger will be required to install a Fire Sprinkler System CFC 903.2 and NFPA 13 as amended by City of Indio.

15. Fire Sprinkler System: All Residential structures will be required to install a Fire Sprinkler System per NFPA 13D and or NFPA 13R.

16. Fire Alarm and Detection System: A waterflow monitoring system and/or Fire Alarm system will be required per CFC 903.4, 907.2 and NFPA 72.

17. Knox Box and Gate Access: Buildings shall be provided with a Knox Box. Th e Knox Box shall be installed in an accessible location approved by the Office of the Fire Marshal. All electronically operated gates shall be provided with a Knox Key Switch and automatic sensors for access. CFC 506.1.

18. Addressing: All commercial buildings shall display street numbers in a prominent location on the address side and additional locations as required CFC 505.1 and Riverside County Fire Department Standard #07-01.

19. Shall comply with the latest adopted edition of the following codes as applicable:
• California Building Code
• California Residential Code
• California Electrical Code
• California Mechanical Code
• California Plumbing Code
• California Energy Code
• California Fire Code
• California Green Building Standards Code

20. Automatic fire suppression systems shall be installed in all new construction per Title IX, Chapter 93 of the Code of the City of Indio. Design and type of system shall be based upon the requirements of the Building Code, Fire Code and the requirements of the Riverside County Fire Department.

21. The requirements of the Air Quality Management District shall be satisfied prior to the issuance of any permit if dusts and/or pollutants will be discharged into the atmosphere.

22. Any temporary building, trail er, commercial coach, etc. installed and/or used in connection with a construction project shall comply with City Code.

23. All perimeter/boundary walls shall be designed and constructed so that the outer/exterior face of the wall is as close as possible to t he lot line. In any case, the outer/exterior face of the wall shall be within two (2) inches of the lot line.

Distances greater than two (2) inches may be approved prior to construction by the Building Official on a case by case basis for extenuating circumstances.

AGENDA ITEM #10.2
Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 a... Page 658 of 959

24. All lot lines, easement lines, etc. shall be located and/or relocated in such a manner as to not cause any existing structure to become non conforming with the requirements of the latest adopted edition of the Building Code, or any other applicable law, ordinance, or code.

25. The Tract or Parcel map shall record prior to the issuance of any permits.

26. All signs shall be Underwriters Laboratories approved, or equal.

27. Permits are required prior to the removal and/or demolition of structures.

28. In addition to approval from Building & Safety, approval is required from the County of Riverside, Department of Public Health for public swimming pools and spas and for occupancies involving foods and beverage.

29. The site, or a portion of the site, is located in a flood hazard area. Justification that the proposed development does not adversely affect the location or carrying capacity of the floodway, nor does it adversely affect upstream or downstream sites shall be provided to Building & Safety. Additionally, all development shall comply with Chapter 153: FLOODPLAIN MANAGEMENT of the Code of the City of Indio and all requisite provisions must be taken to protect the site from flood damage.

30. All exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.

Prior to Issuance of a Building Permit:

The Applicant shall demonstrate full compliance with the following conditions of approval:

1. The following items (as applicable) shall be completed and/or submitted to Building & Safety prior to the issuance of building permits for this project:

A. Precise grading plans shall be approved by Engineering/Public Works B. Rough grading completed and approved by Engineering/Public Works C. Compaction certification
D. Pad elevation certification
E. Rough grade inspection signed off by a City Engineering/Public Works Inspector

2. If hazardous substances are used and/or stored, a technical opinion and report, identifying and developing methods of protection from the hazards presented by the hazardous materials, may be required. This report shall be prepared by a qualified person, firm, or corporation and submitted to Building & Safety. This report shall also explain the proposed facility's intended methods of operation and list all of the proposed materials, their quantities, classifications, and the effects of any chemical (material) intermixing in the event of an accident or spill.

AGENDA ITEM #10.2
Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 a... Page 659 of 959

3. The existing parcels shall be combined into a single parcel, or a lot line adjustment shall be done so that the proposed structure(s) does not cross any lot line and complies with all requirements of the California Building Code, prior to any building permits being issued.

Prior to Issuance of a Grading Permit:

The Applicant shall demonstrate full compliance with the following conditions of approval:

1. Applicant shall comply with National Pollution Discharge Elimination System (NPDES) requirements per state regulations, contact information is as follows:

California Regional Water Quality Control Board (RWQCB), Colorado River Basin Region,
73-720 Fred Waring Drive #100
Palm Desert, CA 92260
(760) 346-7491
www.waterboards.ca.gov/coloradoriver

*Please note: Prior to the issuance of any grading permit, a copy of the NOI (Notice of Intent) and the WDID# (Waste Discharge Identification No.), shall be filed with the City of Indio’s Engineering Division.

2. Applicant shall submit PM10 (Dust Control) implementation plans for City approval. Also to South Coast Air Quality Management District (SCAQMD) for grading projects greater than 10 acres in size. For further information contact the:

South Coast Air Quality Management District (SCAQMD)
21865 Copley Drive
Diamond Bar, CA 91765
(800) CUT-SMOG (288-7664)

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

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

a. Precise grading plans – shall include the street address for each lot and building foot print
b. Rough grading plans
c. Soils report
d. Hydrology Report
e. Street Improvement Plans
f. Street Light Plans

AGENDA ITEM #10.2
Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 a... Page 660 of 959

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

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

7. Applicant shall provide on-site stormwater retention basin(s) or system(s) designed to the satisfaction of the City Engineer. Each retention basin shall include a sufficient number of underground vertical drywells, Maxwell Plus or equivalent, designed to eliminate standing water in the basin. The retention basin(s) or system(s) shall be sized to retain all post-development storm water runoff within the limits of the project based on a 100- year storm event of 24- hour duration and shall completely drain/percolate any storm event within 72 hours. All upstream runoff from adjacent properties that has historically been directed onto the proposed project may be considered to pass through the project with the exception of historical retention that occurred on-si te. The retention basins shall be designed per Standard Plan No. 130, with a maximum depth of 5 feet (with a one foot minimum freeboard) and maximum side slopes of 3:1 and shall not be used for purposes other than for the collection of storm water, nuisance water and well blow-off water.

8. The design of the project lot pads, street improvements and the storm drainage improvements shall be design coordinated with all adjacent projects or properties to the satisfaction of the City Engineer.

9. All grading and pad elevations will be subject to approval of the Community Development Director and the City Engineer based on grading plans and additional information to be submitted during plan check.

Prior to Issuance of a Certificate of Occupancy:

Prior to issuance of a Certificate of Occupancy, the Applicant shall demonstrate full compliance with the following conditions of approval.

1. Applicant shall:

a. Dispose of all concrete and asphalt removals from the proposed project to an approved recyclable site.
b. Applicant shall provide City of Indio Public Works Department with a copy of receipt showing tonnage for the disposal of recyclable concrete and asphalt. c. Dispose of all material removals from the proposed project to an approved disposal site.

2. Applicant shall submit landscape and irrigation plans for City approval.

3. Applicant shall submit for City approval the following items:

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a. Street improvement plans
b. S trom Drain Improvement Plans
c. Streetlight plans
d. Signage and Striping plans

4. Applicant shall construct full off-site street improvements on the following streets:
a. Avenue 38, south half street improvement along the property frontage. b. Madison Street, west half street improvements along the property frontage. c. Avenue 40, north half street improvements along the property frontage. d. Jefferson Street east half street improvements along the property frontage.

5. The improvements shall include construction of asphalt concrete pavement, curb/gutter, sidewalk, streetlights, storm drain system (catch basins, storm drain pipe, etc.), and fully landscaped and irrigated parkways along the property frontage.

6. Applicant shall remove the existing asphalt pavement along Avenue 40 (north side only),along the property frontage and construct a minimum of 6 inches of asphalt pavement over 12 inches of class 2 aggregate base.

7. All off-site street improvements including energizing of streetlights and installation of irrigation and landscaping along:

a. Avenue 38, Madison Street, Avenue 40, and Jefferson Street shall be constructed and accepted by the City prior to issuance of a temporary or permanent certificate of occupancy.

8. Existing asphalt pavement along the South Side of Avenue 38, west side of Madison Street and east side of Jefferson Street shall be cold milled to the minimum depth of two (2) inches and new pavement shall be placed from centerline to curb/gutter along the frontage of the project.

9. Dedicate the required right-of-way along: Avenue 38, 35 feet half street per City of Indio General Plan Mobility Element Requirements.

10. Dedicate right-of-way along Madison Street, 44 feet half street per City of Indio general plan mobility element requirements.

11. Dedicate right-of-way along Avenue 40, 53 feet half street per the City of Indio general plan mobility element requirements.

12. Dedicate right -of-way along Jefferson Street, 53 feet half street per the City of Indio general plan mobility element requirements.

13. Applicant shall construct Avenue 38 as a Collector, 23 feet from centerline to curb face and 35 feet from centerline to right-of-way.

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14. Applicant shall construct Madison Street as a Boulevard, 32 feet from centerline to curb face and 44 feet from centerline to right-of-way.

15. Applicant shall construct Avenue 40 as a Major Arterial, 41 feet from centerline to curb face and 53 feet from centerline to right-of-way.

16. Applicant shall construct Jefferson Street to match existing improvements, 38 feet from centerline to curb face and 53 feet from centerline to right-of-way.

17. All street CUL-DE-SACS shall be per City of Indio Standard Plan No’s. 140 and 141.

18. Applicant shall obtain an encroachment permit prior to starting any street improvements within the public right-of-way.

19. All street knuckles shall be per City of Indio Standard Plan No. 142.

20. The minimum grade on all proposed streets shall be 0.50%.

21. The corner cutback at the intersections Avenue 40 and Madison Street shall be per City of Indio Standard Plan No. 143.

22. The minimum curb return radius for public streets shall be:

a. R = 35 feet and for
b. Private streets R=20 feet

23. Applicant shall widen Jefferson Street to four through lanes between Avenue 39 and Sun City Boulevard per traffic study recommendation #1.

24. The proposed project shall comply with American with Disabilities Act (ADA) requirements.

25. Street addresses shall be shown on Precise Grading Plans.

26. All improvements shall comply with City standards, requirements, and policies. Applicant is required to construct all transitions and missing links between existing and proposed improvements.

27. All overhead utilities less than 92kv, located on Madison Street and Avenue 40, fronting the project shall be undergrounded.

28. Applicant shall install all-way stop control at the intersection of Madison Street and Sun City Boulevard project driveway or a full traffic signal per traffic study recommendation #6.

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29. Applicant shall install a full traffic signal at the intersection of Avenue 40 and Camino San Gregorio project driveway.

30. Applicant shall address all mitigations listed on the approved Traffic Study.

31. Applicant shall install buffered bike lanes on Madison Street between Avenue 38 and Avenue 40 per traffic study recommendation #9.

32. Applicant shall install Class 2 bikeways on all internal collector streets throughout the project per traffic study recommendation #10.

33. Applicant shall design all on-site and off-site bike lanes to accommodate golf carts per traffic study recommendation #1.

34. Applicant shall construct a minimum 6 feet wide sidewalks on Avenue 38, Madison Street, Jefferson Street, and Avenue 40 project frontages and on all internal collector streets per traffic study recommendation #12.

35. Applicant shall install bike lanes on Avenue 38, Madison Street, Avenue 40, and Jefferson Street, per the General Plan Mobility Element.

36. Applicant shall modify the existing traffic signal at the intersection of Jefferson Street and Avenue 40 to accommodate the widening of Jefferson Street.

Prior to Final Map Approval:

1. Applicant shall submit a copy of the Final Map to Coachella Valley Water District (CVWD) for their review and shall obtain a clearance letter from CVWD prior to recordation of the Final Map.

2. Tentative tract map shall be submitted along with the following items:

a. Soils report
b. Title Report
c. Preliminary grading plan (Topo/contour on map)
d. Hydrology report

3. Applicant shall submit for City approval the following items:

a. Final tract map
b. Title report (updated within at least 60 days)
c. Final map closure calculations
d. AutoCAD & GIS Shapefile for Final Tract Map
e. All back-up information for map references (easement documents, maps, etc.) f. Street Name Plan

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4. Final tract map shall include:

a. Street names
b. Subdivision Improvement Agreement
c. Improvement bonds

5. Applicant shall provide a 10- foot public utility easement along both sides of proposed streets in addition to over entire street width.

6. Applicant shall form a property owners association for the maintenance of:

a. All interior and exterior common areas including landscaping. b. Graffiti abatement for the interior and exterior or the preceding areas. c. Maintenance of all frontage landscaping along Avenue 38, Madison Street, Avenue 40, and Jefferson St.

7. A copy of the Covenant, Conditions, and Restrictions (CC&Rs) shall be submitted to the Public Works Engineering Division and Community Development Depart ment for review and approval with maintenance provision flagged.

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

9. The Applicant shall annex the project into the existing Community Facilities District 2004- 1 for public facilities and/or public services.

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

PASSED, APPROVED, and ADOPTED this 16th day of August 2023, by the following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

OSCAR ORTIZ
MAYOR

AGENDA ITEM #10.2
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CYNTHIA HERNANDEZ, CMC

CITY CLERK

AGENDA ITEM #10.2
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RESOLUTION NO. 10388

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA CONDITIONALLY APPROVING THE PROJECT’S ENVIRONMENTAL IMPACT REPORT (EIR) AND CERTIFYING THAT THE EIR IS IN COMPLIANCE WITH SECTION 15089 AND SECTION 15132 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES FOR THE DEVELOPMENT OF LAND FOR 1,500 SINGLE -FAMILY

RESIDENTIAL HOMES, PRIVATE ACCESS ROADS, AND RECREATIONAL AMENITIES ON APPROXIMATELY 378 ACRES LOCATED ALONG AVENUE 38, AVENUE 39, AVENUE 40, JEFFERSON STREET, AND MADISON STREET (APN’S 691 -110-002, 003, 004, 008, 011, 014, 021, 023, 025)

WHEREAS, Pulte Home Company, LLC., 27401 Los Altos, Suite 400, Mission Viejo, CA 92691, submitted a Planning Application with supporting documentation on May 27, 2022, for a Specific Plan, Tentative Tract Map 38470, and Environmental Impact Report (EIR) for the Desert Retreat Project (“Project”) which spans across APN 691- 110-002, 003, 004, 008, 011, 014, 691-100-021, 023, 025 located along Avenue 38, Avenue 39, Avenue 40, Jefferson Street, and Madison Street in North Indio on approximately 378 acres (hereafter “Project Site”); and

WHEREAS, the City, in its capacity as Lead Agency for the Project, has prepared an
Initial Study pursuant to the provisions contained in the California Environmental Quality Act (Public Resources Code § 21000 et seq.) ("CEQA"), and determined that potentially significant impacts could result from the proposed project. The potential environmental effects from the proposed project implementation may include impacts to Aesthetics, Agricultural and Forestry Resources, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Greenhouse Gases, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Noise, Population and Housing, Public Services, Recreation, Transportation, and Utilities and Service Systems, which are discussed in the Draft Environmental Impact Report; and WHEREAS, the City sent a Notice of Preparation (NOP) of a Draft ElR to the Office of Planning and Research, responsible agencies, and other interested parties, and published the NOP in the Desert Sun, a newspaper of general circulation on July 18, 2022; and
WHEREAS, a 30-day public review period for the Notice of Preparation for the Draft EIR was issued commencing on July 18, 2022, and ending on August 16, 2022. All comments received were considered and evaluated in the analysis contained in the Draft ElR; and
WHEREAS, the lead agency is the public agency (in this case the City of Indio) that has the principal responsibility for carrying out or approving a project. The Draft ElR for the "Project" has been prepared by the City of Indio in its capacity as Lead Agency, in

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conformance with the provisions of the California Environmental Quality Act (CEQA) and Guidelines; and
WHEREAS, the Draft EIR assessed potentially significant impacts that could result from the Project and tiers off of the General Plan 2040 Environmental Impact Report (SCH# 2015081021), which analyzes the Project site in its assessment of all resource areas. The General Plan 2040 ElR is and was available during the comment process online at www.indio.org . The Draft EIR considered the impacts of the Specific Plan, at full allowable buildout of 1,500 units and of the proposed Project as a whole. The Draft EIR presents the environmental impact analyses for all CEQA resource topics, and identifies mitigation measures to reduce potentially significant impacts to a less than significant level as required by law; and
WHEREAS, on February 28, 2022, the City initiated the 45-day public review period on the Draft EIR by filing a Notice of Availability with the State Office of Planning and Research, publishing the Notice in the Desert Sun, a newspaper of general circulation, and releasing the Draft EIR (SCH #2022070300) for public review and comment online at www.indio.org; and
WHEREAS, pursuant to State CEQA Guidelines, Section 15086, the City consulted with and requested comments from all responsible and commenting agencies, and interested parties during the 45-day comment period, which ran from February 28, 2023 until April, 2023; and
WHEREAS, during the public review period, copies of the Draft EIR were provided online at www.indio.org, were available for public review and in printed form at City Hall care of (c/o) the City Clerk; and
WHEREAS, the City received written comments regarding the Draft EIR during the public review period for the Draft EIR; and
WHEREAS, after the public review period ended, the City prepared written responses to all comments received on the Draft EIR consistent with applicable CEQA Guidelines. The Draft EIR and all appendices thereto; the Comments and Responses to Comments on the Draft EIR; clarifications, revisions, and corrections to the Draft EIR; and the Mitigation Monitoring and Reporting Program and all appendices thereto, together represent the Final EIR for the project. The Draft EIR and all responses to it are included in the staff report and are hereby incorporated by this reference; and WHEREAS, in accordance with Government Code Section 65090 and 65094 and Indio Unified Development Code Section 6.03.08, on July 10, 2023, City staff published a legal notice of public hearing in the Desert Sun, the newspaper of record, and mailed notices of public hearing on July 12, 2023, to all property owners within ¼ mile of the boundaries of the proposed Project; and

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WHEREAS, on July 26, 2023, the Planning Commission held a duly noticed public hearing on the Project's EIR, and Mitigation Monitoring and Reporting Program, during which evidence, both written and oral, including the staff report and supporting documents were presented. At the conclusion of the hearing, the Planning Commission adopted Resolution No. 2067 recommending that the City Council certify the Project's EIR, adopt findings required by CEQA, and adopt a Mitigated Monitoring and Reporting Program; and, WHEREAS, following the conclusion of the public hearing and discussion, the City Council conditionally adopted this Resolution, approving the Final EIR for the Desert Retreat Project with the motion and vote outcome specified in the meeting minutes for the August 16, 2023, City Council meeting; and
WHEREAS, all the documents, technical studies, appendices, plans, specifications, and other materials that constitute the record of proceedings on which this Resolution is based are on file and available for public examination during normal business hours in the Community Development Department, which serves as the custodian of these records.

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

Section 1. Incorporation of Recitals. 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 the following findings by reference, and constitute a material part of this Resolution.

Section 2. Environmental Findings. The findings made in this Resolution are based upon the information and evidence set forth in the Final EIR and upon other substantial evidence presented at the hearing, and in the record of the proceedings. The Final EIR, staff report, technical studies, appendices, plans, specifications, and other documents and materials that constitute the record of proceedings on which this Resolution is based are on file for public examination during normal business hours at the Community Development Department, 100 Civic Center Mall Indio, CA. 92201. The custodian of records is the City of Indio Community Development Department. Each of these documents is incorporated herein by reference.

Prior to taking action, the City Council has reviewed and considered the information contained in the Final Environmental Impact Report, technical studies, plans, specifications and other related documents and materials and administrative record for the Project, including all oral and written comments received during the public hearing, the staff report, and all attachments thereto, including the CEQA review document prepared by Meridian Consultants, which are all incorporated herein by reference, and are on file for public examination during normal business hours at the Community Development Department, 100 Civic Center Mall Indio, CA. 92201. The City Council finds that:

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1. Pursuant to CEQA Guidelines Section 15089, the City of Indio, as the lead agency, has prepared a Final Environmental Impact Report (FEIR).

2. Pursuant to CEQA Guidelines Section 15132, the FEIR consists of the following:
a. The Final EIR contains a revised Draft EIR.
b. Comments and recommendations received on the Draft EIR either verbatim or in summary.
c. A list of persons, organizations, and public agencies commenting on the Draft EIR.
d. The responses of the Lead Agency to significant environmental points raised in the review and consultation process.
e. Any other information added by the Lead Agency.

3. Agencies and interested members of the public have been afforded ample notice and opportunity to comment on the EIR and the Project.

4. The Project is consistent with the development density established by the City of Indio General Plan 2040.

5. The Project is consistent with the land use designation established by the City of Indio General Plan 2040.

6. All environmental impacts of the Project have been addressed and mitigated under the Desert Retreat by Pulte Home FEIR. Attachment A of this Resolution outlines those findings.

7. The Project will adopt the Mitigation Monitoring and Report Program (Attachment B) to reduce or avoid the significant and mitigatable impacts of the project.

8. The Project with the adoption and implementation of the Mitigation and Monitoring Program will not have a significant effect on the environment and pursuant to Section 21081(a)(1) of CEQA and Section 15091(a)(1) of the CEQA Guidelines, as to each and every impact, the City Council, based on evidence in the record before it, finds that changes or alterations incorporated into the Project by means of conditions or otherwise, mitigate, avoid or substantially lessen to a level of insignificance each significant or potentially significant environmental impact of the Project, as descried in greater detail in the Final EIR. All potentially significant impacts will be mitigated to a level less than significant.

Section 3. Pursuant to Public Resources Code Section 21081.6, the City Council hereby adopts a mitigation monitoring and reporting program as required by CEQA, attached hereto as Exhibit C and incorporated herein by reference, and adopts each

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mitigation measure set forth therein, and imposes each mitigation measure as a condition of the proposed Project's approval.

Section 4. The City Council has reviewed and considered and has exercised its independent judgment in considering the Final EIR and all of the information and data in the administrative record, and all oral and written testimony presented to it during public hearings and finds that: (i) the Final EIR has been completed in compliance with CEQA; (ii) the Final EIR was presented to the City Council and the City Council reviewed and considered the information contained in the Final EIR prior to taking action regarding the Final EIR or the Project; (iii) and the Final EIR reflects the City's independent judgment and analysis. No changes to the Project, changes to the environment, comments on the Project, or any additional information submitted to the City have any new information substantial enough to require recirculation of the EIR, or additional environmental review of the Project under CEQA.

Section 5. The City Council hereby directs staff to prepare a Notice of Determination and file with that Notice with the County Clerk in accordance with Section 15075(d) of the CEQA Guidelines.

Section 6. Determination. On the basis of the foregoing and all of the evidence in the administrative record before it, the City Council hereby certifies and CONDITIONALLY APPROVES the Desert Retreat by Pulte Homes Final Environmental Impact Report subject to the conditions of approval contained herein. The Applicant shall demonstrate compliance to ALL conditions of approval, listed in the Resolution(s). Failure to demonstrate compliance with these conditions of approval may result in delay of the proposed use, or the rescinding of the City of Indio’s project approval. Where the term “Applicant” is used in any condition of approval, such term shall also apply to the Property owner, any developer, or any successor in the interest of the Applicant. It is the Applicant’s or Applicant’s successor in interest responsibility to fully comply with the conditions of approval unless subsequently modified in accordance with the City’s required processes and procedures.

Section 7. The City Clerk shall certify the passage, approval, and adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 16th day of August 2023, by the following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

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APPROVED:

OSCAR ORTIZ
MAYOR

ATTEST:

CYNTHIA HERNANDEZ, CMC

CITY CLERK

APPROVED AS TO FORM:

STEVEN GRAHAM

CITY ATTORNEY

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CEQA FINDINGS

OF THE CITY COUNCIL

FOR THE CITY OF INDIO
for the

DESERT RETREAT SPECIFIC PLAN

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FINDINGS REQUIRED UNDER

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(Public Resources Code Section 21000 et seq.)

TABLE OF CONTENTS

I. INTRODUCTION……………………………………………………………...……7
Project Description…………………………………………………………...…...9
Project Components…………………………………………………….………..10
Project Construction…………………………………………………….……….10
Project Implementation………………………………………………….……….10
Responsible Agencies……………………………………………………………11
Project Objectives………………………………………………….…………….11

II. FINDINGS REGARDING CERTIFICATION OF FINAL EIR……………..…12

III . FINDINGS REGARDING POTENTIALLY SIGNIFICANT IMPACTS

WHICH ARE AVOIDED OR MITIGATED TO A LESS THAN
SIGNIFICANT LEVEL……………………………………………………….…..13

Air Quality…………………………………………………………………….……..13
Consistency with implementation of applicable air quality plan…………….…..13 Cumulatively considerable net increase of any criteria pollutant………….…….17 Expose sensitive receptors to substantial pollutant concentrations……………...19

Biological Resources…………………………………………………………….…..21
Candidate, sensitive or special status species ……………………………….…..21

Cultural Resources………………………………………………………………..….25
Impacts to Historical Resources……………………………………………….....25 Impacts to Archaeological Resources…………………………………………....25 Impacts to Human Remains…………………………………………………..….28

Geology and Soils………………………………………………………………........29
Expose People or Structures to:

Strong Seismic Shaking………………………………………….………29
Seismic-Related Ground Failure………………………….……………...35
Soil Erosion or Loss of Topsoil……………………………………….…………37
Located on an Unstable Geologic Unit…………………………………..………39 Impacts to a Unique Paleontological Resource, site or Unique Geologic Feature………………………………………………………………………...….42

Noise……………………………………………………………………………..…..44

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Tribal Cultural Resources ……………………………………………………………48
Impacts to Historical Resource…………………………………………….. ……48
Impacts to Significant Tribal Cultural Resource …………………………...…...52

IV. FINDINGS REGARDING IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT…………………………………………………………..…54

Agriculture and Forestry…………………………………………………………..…54
Convert Farmland……………………………………………………………..…54

Air Quality……………………………………………………………………….…..56
Create objectionable odors………………………………………………………56

Biological Resources……………………………………………………………...…56
Movement of wildlife ……………………………………………………………56

Energy…………………………………………………………………………..……57
Consumption of Energy Resources…………………………………………..…..57
Consistency with a State or Local Plan for Renewable
Energy or Energy Efficiency……………………………………………….……57

Geology and Soils…………………………………………………………………...58
Expose People or Structures to:

Rupture of a Known Fault…………………………………………….……..58
Landslides……………………………………………………………..……..58

Greenhouse Gas Emissions…………………………………………………….…….59
GHG Emissions that may Significantly Impact the Environment………….……59 Consistency with Applicable Plan, Policy or Regulation…………………….….59

Hydrology and Water Quality…………………………………………………….…60
Compliance with Water Quality Standards or Waste Discharge Requirements……………………………………………………………..……..60
Effect on of Groundwater Supplies or Interference with
Groundwater Recharge……………………………………………………..........60
Alter existing Drainage that would impact:

Erosion……………………………………………………………….………60
Increase surface runoff……………………………………………...………..60
Exceed capacity of stormwater drainage system…………………….………61 Impact flood flows……………………………………………………...……61
Consistency with Water Quality Control Plan or Sustainable Groundwater Management Plan…………………………………………..……..61

Land Use……………………………………………………………………………..66
Consistency with Any Land Use Plan, Policy or Regulation……………………66

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Noise…………………………………………………………………………………67
Generation of Ground Borne Vibration ………………………………..………..67

Public Services………………………………………………………………………68
Impacts to……………………………………………………………………..…68
Fire Protection……………………………………………………….............69
Police protection………………………………………………………….….70
Parks…………………………………………………………………………70
Other public facilities………………………………………………………..70

Recreation……………………………………………………………………………70
Increase use of existing facilities………………………………………………...71 Require new or expanded facilities………………………………………………71

Transportation………………………………………………………………………..72
Consistency with an Applicable Plan or Policy Addressing the Circulation System……………………………………………………………….72
Consistency with CEQA Guidelines section 15064.3, subdivision (b)………….72 Effect of a Geometric Design Feature………………………………………...…72

Utilities and Service Systems………………………………………………………...74 Result in construction of new utility facilities (water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications) …………………………………………………………….75
Availability of Water Supplies…………………………………………………..75
Adequate capacity for wastewater treatment……………………………………76 Generate excess solid waste……………………………………………………..78

V. FINDINGS REGARDING ENVIRONMENTAL EFFECTS HAVING
NO IMPACT……………………………………….………………………...…80

Aesthetics……………………………………….……………………………..……..81
Effects on scenic vistas……………………………………………………..……81
Impact a Scenic Resources………………………………………………….……81
Effects to the visual character or quality of the site…………………….……..…81 Light and glare…………………………………………………………….……..82

Agriculture and Forestry……………………………………….……………….……82
Conflict with Zoning or Williamson Act………………………………...………82 Conflict with Forest or Timberland……………………………………...………82 Loss of forest…………………………………………………………………….83

Biological Resources………………………………………………………………...83
Riparian habitat……………………………………….………………………….83
Federally protected wetlands…………………………………………………….83
Conflict with local policies or ordinances……………………………………….83

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Consistency with applicable habitat conservation plan………………………….83

Geology and Soils……………………………………….…………………………...84
Located on Expansive Soil……………………………………………………….84
Use of Septic Tanks or Alternative Water Disposal Systems………………..…..84

Hazards and Hazardous Materials…………………………………………………...84 Transport, Use, or Disposal of Hazardous Materials…………………………….84 Release of Hazardous Materials………………………………………………….84
Hazardous Materials within 1/4 Mile of a School ……………………………85 Hazardous Materials Onsite Pursuant to Government Code
Section 65962.5. …………………………………………………………………85
Impacts to Public Airport, Public Airport Use, or Airport Land Use Plan……………………………………….……………………………………...85
Effect on an Emergency Response Plan…………………………………………85
Risk of
Wildfires………………………………………………………………………...…...85

Hydrology and Water
Quality……………………………………….………………………………………86
Inundation by Flooding, Seiche, Tsunami or Mudflow…………………………86

Land
Use……………………………………….………………………………………….86
Physically Divide an Established Community………………………………..…86

Mineral Resources……………………………………….……………………..……86
Loss of a Mineral Resource……………………………………….……….….…86
Loss of a Mineral Resource Recovery site………………………………………87

Noise……………………………………….………………………...………………87
Within 2 miles of a public airport………………………………………..………87

Population &
Housing……………………………………….……………………………...………87
Induce population growth…………………………………………………..……87
Displace people or housing…………………………………………….…...……87

Public Services……………………………………….………………………………88
Impacts to Schools…………………………………………………….…………88

Transportation……………………………………………………………..…………88
Emergency Access………………………………………………….……………88

Utilities and Service Systems………………………………………………………...88 Comply with Statues and Regulations Related to Solid Waste…………….……88

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Wildfire……………………………………….…………………………….……......88
Impair an Emergency Response or Evacuation Plan……………………….……88 Exacerbate wildfire risk and create pollutants………………………………..….89 Require infrastructure……………………………………………………………89
Expose people or structures to risk of flooding…………………………….……89

VI. FINDINGS REGARDING ALTERNATIVES ANALYZED IN THE FEIR AND
REJECTED……………………………………….……………………………..….89

Alternative 1: No project/No Development…………………………………..…..….90 Alternative 2: Existing General Plan………………………………………….…..…91 Alternative 3: Prior Zoning- Commercial Component……………………….……...91 Alternative 4: Residential project with Golf Course………………………….…...…92 Alternative 5: Reduced Density…………………………………………………..….93 Alternative 6: Roundabout Entry Intersection…………………………………….…95 Additional Findings Regarding the Environmentally Superior Alternative……..…..96

VII. FINDINGS REGARDING GROWTH INDUCING IMPACTS…………..……96

VIII. FINDINGS REGARDING SIGNIFICANT IRREVERSIBLE
ENVIRONMENTAL CHANGES………………………………………………… 97

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Final EIR SCH No. 2022070300
The City of Indio has prepared an Environmental Impact Report (EIR) for the proposed Desert Retreat Specific Plan ( project) in compliance with the California Environmental Quality Act (CEQA; Public Resources Code Section 21000 et seq. ) and the State CEQA Guidelines (14 California Code of Regulations Section 15000 et seq. as amended).

I. INTRODUCTION
The project proposes to implement the City of Indio General Plan to allow the development of a new master-planned residential community on approximately 378 acres of land in the northern portions of the City of Indio (City). The Desert Retreat Specific Plan would allow development of an active adult community for residents aged 55 and above containing up to 1,500 residential units along with a community clubhouse and other recreati onal amenities. The average density of residential development would be 4.1 du/ac. This new community would be located immediately north and west of the existing Sun City Shadow Hills community. Sun City Shadow Hills is also an age-restricted community for residents aged 55 and above.

The City distributed a Notice of Preparation (NOP) to prepare a Draft EIR for a 30-day comment period between July 18, 2022, and August 17, 2022. The NOP included an evaluation of the environmental topics that will and will not be analyzed within the Draft EIR. The evaluation was prepared using Appendix G, Environmental Checklist Form, in the California Environmental Quality Act (CEQA) Guidelines.

The NOP was sent to the State Clearinghouse and to all responsible and trustee agencies, and to interested parties. Issues raised by agencies and the public in response to the NOP were considered in the preparation of the Draft EIR. The NOP and comments received are contained in Appendix A of the Draft EIR.

Based on the preliminary review conducted by the City and responses to the NOP, the City found that the project could have potential environmental effects, including effects on the following:

Agriculture and Forestry, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use, Noise, Population and Housing, Public Services, Recreation, Transportation, Tribal Cultural Resources, and Utilities and Service Systems. In accordance with CEQA, the City determined the project raised potentially significant concerns, and determined that an environmental impact report should be prepared.

The Draft EIR was prepared and circulated for a 45 -day public review period from February 28, 2023, to April 14, 2023. The Final EIR for the project consists of the Draft EIR, revisions to the Draft EIR, a list of persons, organizations, and public agencies commenting on the Draft EIR, comments received on the Draft EIR, and responses to those comments. A copy of the Final EIR was made available for public review and provided to all public agencies commenting on the Draft EIR at least 10 days prior to certification.

The Final EIR evaluated potential effects for the following environmental areas of potential concern: Agriculture and Forest Resources, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use

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and Planning, Noise, Population and Housing, Public Services, Recr eation, Traffic and Transportation, Tribal Cultural Resources, and Utilities and Service Systems.

The Final EIR identified no impact or less than significant impacts related to Agriculture and Forest Resources, Energy, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use and Planning, Noise, Population and Housing, Public Services, Recreation, Traffic and Transportation, and Utilities and Service Systems.

The Final EIR identified potentially significant environmental effects related to Air Qua lity, Biological Resources (candidate, sensitive or special status species); Cultural Resources; Geology and Soils ( seismic-related ground shaking and failure, soil erosion, instability, destruction of unique resources) ; Noise ( excess of standards ); and Tribal Cultural Resources. The Final EIR determined that the potentially significant environmental impacts have been reduced to less than significant levels with implementation of the mitigation measures and adoption of the Mitigation Monitoring and Reporting Program (MMRP) designed to ensure compliance with mitigation measures throughout implementation of the project.

Public Resources Code Section 21081 and State CEQA Guidelines Section 15091 require that the City of Indio, as lead agency for this project, prepare written findings for any identified significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings under CEQA and the State CEQA Guidelines are:

(1) Changes or alterations have been required i n, or incorporated into, the project which mitigate, avoid or substantially lessen the significant effects on the environment.

(2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.

(3) Specific econ omic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the Final EIR.

After consideration of an EIR, the lead agency may decide whether or how to approve or carry out the project.

For purposes of CEQA and for the Findings set forth herein, the record of proceedings for the City’s Findings and determinations consists of the following documents and testimony, at a minimum:

• The City’s General Plan, as amended, and all environmental documents relating thereto;

• The Draft EIR for the project , including all Appendices thereto and all supporting materials referenced therein;

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• The Final EIR for the project, including all comments on the Dra ft EIR, all responses thereto, and all supporting materials referenced therein;

• All testimony and written comments received by the City at or prior to any public hearing relating to the project, including the July 28, 2022 public scoping meeting, the two Planning Commission consultation meetings held on April 13, 2022 and May 10, 2023, the ___________ Planning Commission hearing, and the __________ City Council hearing;

• All reports of the City relating to the project, including reports submitted to the City by expert consultants, and all supporting materials referenced therein;

• These Findings made by the City and the Mitigation Monitoring and Reporting Program (“MMRP”) adopted by the City for the project;

• All final City Staff reports relating to the Draft EIR, the Final EIR and the project;

• All other public reports, documents, studies, memoranda, maps, or other planning documents relating to the project, the Draft EIR or the Final EIR, prepared by the City, consultants to the City, or responsible or trustee agencies; and

• All matters of common knowledge to the City , including but not limited to the City’s policies, guidelines and regulations.

The official custodian of the documents and other materials that constitute the record of proceedings is:

City of Indio
100 Civic Center Mall
Indio, CA 92201
Phone: 760-391-4120
Hours: Monday – Friday 8:00 a.m. to 5:00 p.m.

Copies of all these documents, which constitute the record of proceedings upon which the City’s decision is based, are, and at all relevant times have been, available upon request at the offices of the City, the custodian for such documents.

PROJECT DESCRIPTION

The project area encompasses 378 acres in the northwest portion of the City. The project site is bounded by 38
th Avenue to the north, Madison Street to the east, 40 th Avenue to the south, and Jefferson Street to the west. T his new community would be located immediately north and west of the existing Sun City Shadow Hills community, which is also an age-restricted community for residents aged 55 and above. The project would include a community clubhouse with outdoor resident amenities such pickle ball courts, bocce ball courts, tennis courts, a swimming pool, and water features. A network of pedestrian open space corridors is integrated throughout the project

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to facilitate walking. The residential development would occur on approximately 352 acres, of which approximately 72 acres would be dedicated to open space and pedestrian t rails, with the Community Clubhouse and Recreation area located on approximately 26 acres. Two acres along the edges of the Specific Plan Area would be dedicated as public Right-of-Way.

The applicant is requesting approval of the following, which if appr oved, would allow for and govern the development of the project site:
• Desert Retreat Specific Plan . The Specific Plan includes development standards, land use regulations, and programs to guide future development and use of land within the project areas. This Specific Plan defines the location, type, and amount of development allowed within the Specific Plan area consistent with the requirements for Specific Plans identified in State Planning and Land Use Law and City of Indio Municipal Code (IMC).
• Approval of a Fugitive Dust Control Plan for construction activities. • Development Agreement to establish the responsibilities of the applicant and the City, including vesting the project approvals, establishing operational standards, and setting financial obligations of the development.
• Tentative Tract Map and subsequent Design Review for the active adult community for residents aged 55 and above, containing up to 1,500 residential single -family homes along with a community clubhouse and other recreational amenities.

Tentative Parcel Map to create separate large parcels for acquisition and financing purposes, which will allow the Developer to take title to the subject land in phases.

PROJECT COMPONENTS
The project build out components include:
• 1,500 single-family detached homes of varying sizes
• 26,100 square feet of clubhouse with outdoor resident amenities such pickle ball courts, bocce ball courts, tennis courts, a swimming pool, and water features. • Approximately 72 acres of natural open space and pedestrian trails • 2.0 acres of perimeter right-of-way

PROJECT CONSTRUCTION

Development of the Specific Plan is intended to be developed by a single developer and phasing will be allowed under the Specific Plan so long as each phase accommodates the orderly extension of circulation, utilities, and infrastructure in accordance with the final conditions of approval for each project and the City’s Public Works Department. The project is expected to be built in five (5) phases or development areas with buildout anticipated to occur over approximately six to eight years.

PROJECT IMPLEMENTATION

Should the project be approved, implementation would include the following entitlement processes:

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Site Development Permit (SDP): SDPs will be required by the City for final approval of landscape design, architectural design, and site plans for each phase of development. These may be processed concurrent with or subsequent to other entitlement approvals. Each SDP will require public hearings before the Planning Commission.

Grading Plans/Permits, Improvement Plans, and Building Permits: Prior to constructing the homes and related amenities, the Developer will process grading and improvement plans with the City and obtain grading and building permits, which are approved by the City on an administrative basis without further public hearings.

RESPONSIBLE AGENCIES

The following are anticipated responsible agencies which may rely on the Final EIR for their discretionary approvals required to implement the project:

Coachella Valley Water District

Prepare and approve one or more Special and/or Standard Agreements for the provision of domestic water, sanitary sewer service, and recycled water . Review and approve the design and plans for the project’s domestic water, recycled water, and wastewater systems.

Imperial Irrigation District

Design and install a new substation in the southern portion of the project site, along with related improvements to the existing electric transmission and distribution system.

Colorado Regional Water Quality Control Board

Approval may include but is not limited to: (1) General Construction Stormwater Permit; (2) Standard Urban Stormwater Mitigation Plan; and (3) Submittal of a Recycled Water Report for the use of recycled water as a dust control measure for construction. Additionally, approve a Water Quality Certification under Section 401 of the Clean Water Act.

South Coast Air Quality Management District
• Approve a Fugitive Dust Control Plan for construction activities.

PROJECT OBJECTIVES

The project has identified the following objectives:

• Develop a thoughtfully planned and integrated master-planned residential community that aligns with and compliments the adjacent Sun City Shadow Hills community.

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• Connect the new Desert Retreat community with the existing surrounding community by providing for multiple points of access for different travel modes, including pedestrians, bicycles, golf carts and motor vehicles.
• Provide a comprehensive land use plan that establishes development standards, land use regulations, and programs to guide the orderly transition/development of the property. • Accommodate phasing that provides for a multi -year project buildout in an orderly and efficient manner.
• Establish design guidelines, development regulations, use standards and procedures that facilitate cohesive and attractive landscape and architectural treatments. • Provide a safe and efficient circulation system.
• Provide water, sewer, and drainage systems to adequately service the project. • Promote quality development consistent with the goals and policies of the Indio General Plan.
• Create a walkable community by incorporating pedestrian paths within the project and allowing for connections to public sidewalks/trails at each perimeter street.

II. FINDINGS REGARDING CERTIFICATION OF FINAL EIR
Pursuant to CEQA and t he State CEQA Guidelines, the City Council of the City of Indio as the lead agency under CEQA is responsible for certification of the EIR and therefore makes the following findings:

1. The Final EIR was completed in compliance with CEQA and its Guidelines.

2. The Final EIR was presented to the City Council, which reviewed and considered the information in the Final EIR prior to making its decision on the project;

3. The Final EIR reflects the City’s, as lead agency, independent judgment and analysis; and,

4. The City Council adopts the Mitigation Monitoring and Reporting Program to reduce or avoid the significant and mitigable impacts of the project.

By these Findings, the City ratifies, adopts and incorporates the analysis, explanation, findings, responses to comments and conclusions of the Final EIR. In addition, the Mitigation Monitoring and Reporting Program, and the mitigation measures specified therein, are hereby approve d and adopted, and shall be fully enforceable through the project conditions of approval, as well as permit conditions, agreements or other measures. Any finding made by the City shall be deemed made, regardless of where it appears in this document. All of the language included in this document constitutes findings by the City, whether or not any particular sentence or clause includes a statement to that effect. The City intends that these findings be considered as an integrated whole and, whether or not any part of these findings fail to cross -reference or incorporate by reference any other part of these findings, that any finding required or committed to be made by the City

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with respect to any particular subject matter of the Final EIR, shall be deemed to be made if it appears in any portion of these findings.

If any term, provision or portion of these Findings or the application of these Findings to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of these Findings, or their application to other actions related to the project , shall continue in full force and effect unless amended or modified by the City.

III. FINDINGS REGARDING POTENTIALLY SIGNIFICANT IMPACTS WHICH

ARE AVOIDED OR MITIGATED TO A LESS THAN SIGNIFICANT LEVEL

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City finds that, for each of the following significant effects identified in the Final EIR, changes or alterations h ave been required in, or incorporated into, the project which mitigate or avoid the identified significant effects on the environment, and further finds that all such effects will be mitigated to less than significant levels. The significant effects and mitigation measures are stated fully in the Final EIR and each of the mitigation measures have been imposed on the project and are enforceable through the MMRP and project conditions. These findings are explained below and are supported by substantial evidence in the record of proceedings.

AIR QUALITY

Consistency with implementation of applicable air quality plan

The project site is located within the Salton Sea Air Basin (SSAB), which spans the Coachella Valley portion of the County of Riverside and the entire County of Imperial. Air quality management of the Riverside County portion of the SSAB is overseen by the South Coast Air Quality Management District (SCAQMD).

SCAQMD and the Southern California Association of Governments (SCAG) are responsible for formulating and implementing the Air Quality Management Plan (AQMP) for the SSAB. The AQMP is a comprehensive plan that includes control strategies for stationary and area sources, as well as for on-road and off-road mobile sources.

The analysis in the F inal EIR addresses the following criteria identified by the SCAQMD to determine the proposed project ’s consiste ncy with SCAQMD and SCAG air quality related policies:

• Will the project result in any of the following:
− Increase the frequency or severity of existing air quality violations? − Cause or contribute to new air quality violations?

According to the SCAQMD’s CEQA Handbook, the consistency determination based on the first criterion pertains to ambient pollutant concentrations rather than to total regional emissions, thus requiring an analysis of the project ’s pollutant emissions relative to localized pollutant concentrations.

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SCAG is the metropolitan planning organization (MPO) for Los Angeles, Orange, Ventura, Riverside, San Bernardino, and Imperial Counties, and serves as a forum for the discussion of regional issues related to tran sportation, the economy, community development, and the environment. As the federally- designated MPO for the Southern California region, SCAG is mandated by the federal government to research and develop plans for transportation, hazardous waste management , and air quality. Pursuant to California Health and Safety Code Section 40460(b), SCAG has the responsibility for preparing and approving the portions of the AQMP relating to regional demographic projections and integrated regional land use, housing, employment, and transportation programs, measures, and strategies. SCAG is also responsible under the CAA for determining conformity of transportation projects, plans, and programs with applicable air quality plans. With regard to air quality planning, SCAG has prepared and adopted the 2020–2045 RTP/SCS, which includes a SCS (sustainable communities strategies) that addresses regional development and growth forecasts. The SCAG 2020–2045 RTP/SCS is a long- range visioning plan that balances future mobility and housing needs with economic, environmental, and public health goals, with a specific goal of achieving an 8 percent reduction in passenger vehicle GHG emissions on a per capita basis by 2020, 19 percent reduction by 2035, and 21 percent reduction by 2040, all compared to the 2005 level. Although the RTP/SCS is not technically an air quality plan, consistency with the RTP/SCS has air quality implications, including the reduction of VMT which reduces air quality emissions.

Mitigation Measures:

To mitigate against potential inconsistency with the implementation of an applicable air quality plan, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP:

MM AQ-1: Construction Emissions . Construction contractors sha ll, at a minimum, use equipment that meets the USEPA’s Final Tier 4 emissions standards for off -road diesel -powered construction equipment with 50 horsepower (hp) or greater, for all phases of construction activity, unless it can be demonstrated to the City with substantial evidence that such equipment is not available. To ensure that Final Tier 4 construction equipment or better shall be used during the proposed project ’s construction, the City shall include this requirement in applicable bid documents, purchase orders, and contracts. The City shall also require periodic reporting and provision of written construction documents by construction contractor(s) and conduct regular inspections to the maximum extent feasible to ensure and enforce compliance. Where Final Tier 4 equipment is not available, the project shall use Tier 3 equipment outfitted with Best Available Control Technology devices including a CARB certified Level 3 Diesel Particulate Filter (DPF). Level 3 DPF’s are capable of achieving at least 85 percent reduction in particulate matter emissions. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by Final Tier 4 emissions standards for

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a similarly sized en gine, as defined by the CARB’s regulations.

Successful contractors must demonstrate the ability to supply the compliant construction equipment for use prior to any ground disturbing and construction activities. The project representative will make available to the lead agency and SCAQMD a
comprehensive inventory of all off -road construction equipment, equal to or greater than 50 horsepower, which will be used during construction. The inventory will include the horsepower rating, engine production year, and certification of the specified Tier standard. A copy of each unit’s certified tier specification, BACT documentation, and CARB or SCAQMD operating permit shall be maintained on site at the time of mobilization for each applicable piece of construction equipment.

Finding:

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that for the potential inconsistency with implementation of applicable air quality plans described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such significant environmental e ffect as identified in the Final EIR, and the City Counc il further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation me asure MM AQ-1, which has been adopted by the City and is enforceable through the MMRP and project conditions of approval.

Facts in Support of Finding:

Regional construction emissions of NOx would result in potentially significant short -term air quality impacts without mitigation. As shown in DEIR Table 5.2- 9, with implementation of Mitigation Measure (M M) AQ-1, the projecte d emissions from the project will not exceed the SCAQMD significance thresholds. As shown in Table DEIR 5.2- 11, localized construction emissions of PM10 and PM2.5 would result in potentially significant short-term air quality impacts without mitigation. As shown in DEIR Table 5.2- 13, with implementation of MM AQ -1, the projected emissions from the project will not exceed the SCAQMD localized significance thresholds. Construction for the project will have to comply with SCAQMD Rule 403 for fugitive dust. Rule 403 control requirements include measures to prevent the generation of visible dust plumes. Measures include, but are not limited to, applying soil binders to uncovered areas, reestablishing ground cover as quickly as possible, utilizing a wheel washing system or other control measures to remove bulk material from tires and vehicle undercarriages before vehicles exit the project site, and maintaining effective cover over exposed areas. In addition, SCAQMD Rule 1113 would limit the VOC content of architect ural coatings. Compliance with these SCAQMD rules is incorporated into the analysis in the FEIR.

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Regional Construction.

The first 6 months of construction would include mass grading of the entire site and off-site street improvements. As shown in DEIR Table 5.2- 7: Unmitigated Regional Mass Grading Emissions, the daily maximum emissions would not exceed the SCAQMD daily significance thresholds for VOC, CO, SOx, PM10, or PM2.5. However, emissions would result in an exceedance of daily NOx emissions. The remainder of the construction timeline includes construction of the proposed homes, which would be broken down into approximately 80 to 100 phases, and the maximum daily regional construction emissions associated with these activities are provided in DEIR Table 5.2-8:

Unmitigated Regional Phase Emissions. As shown, the daily maximum emissions would not exceed the SCAQMD daily significance thresholds for VOC, NOx, CO, SOx, PM10, or PM2.5; however, the construction emissions from mass grading and off -site street improvements would result in an exceedance of daily NOx emissions. Therefore, the daily regional impact of NOx emissions would be considered a potentially significant impact.

Off-road diesel vehicles, which includes construction equipment, are regulated by the CARB for both in use (existing) and new engines. Implementation of Mitigation Measure (MM) MM AQ -1 would require the on- site construction equipment fleet to meet EPA standards for all off -road diesel-powered construction equipment greater than 50 horsepower (hp) and would require all construction equipment to be outfitted with BACT devices certified by CARB. The emission levels in DEIR Table 5.2-9: Mitigated Regional Mass Grading Emissions represent the maximum daily emissions projected to occur during mass grading with implementation of MM AQ-1. As presented in DEIR Table 5.2-9, the mitigated daily maximum regional construction emissions would not exceed any of the SCAQMD thresholds. Therefore, regional construction emissions would result in a less than significant short-term air quality impact during construction with mitigation.

Regional Operation

On-road mobile vehicles, electricity, natural gas, water, landscape equipment, solid waste, and wastewater would generate the majority of emissions on-site during project operation. The project is expected to generate approximately 6,470 daily trips. The maximum daily regional operational emissions are provided in DEIR Table 5.2- 10: Unmitigated Maximum Regional Operational Emissions. As shown in DEIR Table 5.2-10, operational emission levels would not exceed the SCAQMD daily regional thresholds and, as such, would result in less than significant operational impacts.

Localized Construction Emissions

As noted above, the first 6 months of construction would include mass grading of the entire site and off-site street improvements. The maximum localized construction emissions associated with these activities are provided in DEIR Table 5.2- 11: Unmitigated Localized Mass Grading Emissions. As shown, the daily localized emissions would not exceed the SCAQMD daily significance thresholds for NOx or CO. However, emissions would result in an exceedance of daily PM10 and PM2.5 emissions. Therefore, the daily localized impact of PM10 and PM2.5 emissions would be considered a potentially significant impact.

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MM AQ-1 would require the on- site construction equipment fleet to meet EPA standards for all off-road diesel -powered construction equipment greater than 50 horsepower (hp) and would require all construction equipment to be outfitted with BACT devices certified by CARB. These emission standards significantly reduce PM and NOX emissions. The emission levels in DEIR Table 5.2-13: Mitigated Localized Mass Grading Emissions represent the localized daily emissions projected to occur during mass grading and off -site street improvements with implementation of MM AQ-1. As presented in Table 5.2- 13, the mitigated localized construction emissions would not exceed any of the SCAQMD Localized Significant Thresholds (L ST). Therefore, localized construction would result in a less than significant short -term air quality impact during construction with mitigation.

The remainder of the construction timeline includes construction of the proposed homes which would be broken down into approximately 80 to 100 phases. Each phase would include precise grading of approximately 3 acres, building construction of the homes, paving of streets and driveways, and finishings (architectural coatings, landscaping, etc.). The maximum localized construction emissions associated with these activities are provided in DEIR Table 5.2-12:

Unmitigated Localized Phase Emissions. As shown, the daily localized emissions would not exceed the SCAQMD daily significance thresholds for NOx, CO, PM10 or PM2.5.

Localized Operation Emissions

Local emissions from p roject operation would include area and energy sources. Area -source emissions are based on natural gas (building heating and water heaters), landscaping equipment, and consumer product (including paint) usage rates provided in CalEEMod. Natural gas usage factors in CalEEMod are based on the CEC’s California Commercial End Use Survey data set, which provides energy demand by building type and climate zone. The results of the operational LST analysis are provided in DEIR Table 5.2-14: Unmitigated Localized Operational Emissions.

As shown in Table 5.2 -14, emissions would not exceed the localized significance thresholds for operation. Therefore, localized operational impacts would be less than significant.

Cumulatively considerable net increase of any criteria pollutant

According to SCAQMD, if an individual project results in air emissions of criteria pollutants that exceed SCAQMD’s recommended daily thresholds for project -specific impacts, then the project would also result in a cumulatively considerable net increase of these criteria pollutants.

The project’s construction emissions (without mitigation) are shown in Table 5.2-7 of the Draft EIR and would exceed SCAQMD’s regional threshold for NOx during the first 6 months of construction activities and thus result in significant impacts requiring mitigation.

The project’s operational-source emissions (without mitigation) are shown in Table 5.2-10 of the Draft EIR and would not exceed the SCAQMD regional thresholds of significance.

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Mitigation Measures:

To mitigate potential project specific and cumulative air quality impacts regarding criteria pollutants, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP:

MM AQ-1: Construction Emissions . Construction contractors shall, at a minimum, use equipment that meets the USEPA’s Final Tier 4 emissions standards for of f-road diesel -powered construction equipment with 50 horsepower (hp) or greater, for all phases of construction activity, unless it can be demonstrated to the City with substantial evidence that such equipment is not available. To ensure that Final Tier 4 construction equipment or better shall be used during the proposed project ’s construction, the City shall include this requirement in applicable bid documents, purchase orders, and contracts. The City shall also require periodic reporting and provision of written construction documents by construction contractor(s) and conduct regular inspections to the maximum extent feasible to ensure and enforce compliance. Where Final Tier 4 equipment is not available, the project shall use Tier 3 equipment outfitted with Best Available Control Technology devices including a CARB certified Level 3 Diesel Particulate Filter (DPF). Level 3 DPF’s are capable of achieving at least 85 percent reduction in particulate matter emissions. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by Final Tier 4 emissions standards for a similarly sized engine, as defined by the CARB’s regulations.

Successful contractors must demonstrate the ability to supply the compliant construction equipment for use prior to any ground disturbing and construction activities. The project representative will make available to the lead agency and SCAQMD a
comprehensive inventory of all off -road construction equipment, equal to or greater than 50 horsepower, which will be used during construction. The inventory will include the horsepower rating, engine production year, and certification of the specified Tier standard. A copy of each unit’s certified tier specification, BACT documentation, and CARB or SCAQMD operating permit shall be maintained on site at the time of mobilization for each applicable piece of construction equipment.

Finding:

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for the significant air quality effects related to criteria pollutants described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen

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such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measure AQ-1, as described and recommended in the Final EIR, which has been adopted by the City and is enforceable through the MMRP and project conditions of approval.

Facts in Support of Finding:

According to SCAQMD, if an individual project results in air emissions of criteria pollutants that exceed SCAQMD’s recommended daily thresholds for project -specific impacts, then the project would also result in a cumulatively considerable net increase of these criteria pollutants. As shown in Table 5.2- 2 of the DEIR, the SSAB is currently nonattainment for federal and State O3 and PM10. By applying SCAQMD’s cumulative air quality impact methodology, implementation of the project would result in exceedance of regional NOx emissions during construction (Table 5.2- 7 of the DEIR). However, as shown in Table 5.2- 9 of the DEIR, regional emissions would be below SCAQMD thresholds with implementation of Mitigation Measure (MM) AQ-1. Moreover, as shown in Table 5.2-10 of the DEIR, regional operational emissions would not exceed SCAQMD thresholds. As such, impacts would be less than significant with mitigation.

Expose sensitive receptors to substantial pollutant concentrations

The project site is predominately surrounded by residential uses and Shadow Hills High School.

Per SCAQMD, these uses would be considered sensitive receptors. By applying SCAQMD’s LST methodology, implementation of the project would result in exceedance of localized PM10 and PM2.5 emissions during construction (Table 5.2- 11 of the DEIR). However, as shown in Table

5.2-13 of the DEIR, localized emissions would be below SCAQMD thresholds with implementation of MM AQ -1. Moreover, as shown in Table 5.2- 14 of the DEIR, localized operational emissions would not exceed SCAQMD thresholds. As such, impacts would be less than significant with mitigation.

Construction Emissions: Without mitigation, localized construction emissions would exceed the applicable SCAQMD LSTs for emissions for PM10 and PM 2.5 during the first six months of construction. For the remainder of the construction timeline construction would involve relatively smaller disturbance areas not resulting in exceedances for NOx, CO, PM10 or PM2.5.

Operational Emissions: Local emissions from project operation would include area and energy sources. Area -source emissions are based on natural gas (building heating and water heaters), landscaping equipment, and consumer product (including paint) usage rates provided in CalEEMod. Natural gas usage factors in CalEEMod are based on the California Commercial End Use Survey data set, which provides energy demand by building type and climate zone. The results of the operational LST analysis are provided in DEIR Table 5.2- 14: Unmitigated Localized Operational Emissions. As shown in Table 5.2- 14, emissions would not exceed the localized significance thresholds for operation. Therefore, localized operational impacts would be less than significant. In addition, the proposed project does not include stationary sources, or attracts mobile sources that may spend long periods idling at the site (e.g., transfer faci lities and warehouse buildings), and thus, due to the lack of significant stationary source emissions, the project will not expose sensitive receptors to substantial pollutant concentrations.

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Mitigation Measures:

To mitigate potential project specific and cumulative air quality impacts relating to exposure to substantial pollutant concentrations, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP:

MM AQ-1: Construction Emissions . Construction contr actors shall, at a minimum, use equipment that meets the USEPA’s Final Tier 4 emissions standards for off -road diesel -powered construction equipment with 50 horsepower (hp) or greater, for all phases of construction activity, unless it can be demonstrated to the City with substantial evidence that such equipment is not available. To ensure that Final Tier 4 construction equipment or better shall be used during the proposed project ’s construction, the City shall include this requirement in applicable bid documents, purchase orders, and contracts. The City shall also require periodic reporting and provision of written construction documents by construction contractor(s) and conduct regular inspections to the maximum extent feasible to ensure and enforce compliance. Where Final Tier 4 equipment is not available, the project shall use Tier 3 equipment outfitted with Best Available Control Technology devices including a CARB certified Level 3 Diesel Particulate Filter (DPF). Level 3 DPF’s are capable of achieving at least 85 percent reduction in particulate matter emissions. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by Final Tier 4 emissions standards for a similarly sized eng ine, as defined by the CARB’s regulations.

Successful contractors must demonstrate the ability to supply the compliant construction equipment for use prior to any ground disturbing and construction activities. The project representative will make available to the lead agency and SCAQMD a
comprehensive inventory of all off -road construction equipment, equal to or greater than 50 horsepower, which will be used during construction. The inventory will include the horsepower rating, engine production year, and c ertification of the specified Tier standard. A copy of each unit’s certified tier specification, BACT documentation, and CARB or SCAQMD operating permit shall be maintained on site at the time of mobilization for each applicable piece of construction equipment.

Finding:

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for the significant air quality effects related to exposure to substantial concentrations of pollutants described above and further discussed in the

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Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measures AQ-1, as described and recommended in the Final EIR, which have been adopted by the City and are enforceable through the MMRP and project conditions of approval.

Facts in Support of Finding:

The project site is predominately surrounded by residential uses and Shadow Hills High School.

Per SCAQMD, these uses would be considered sensitive receptors. By applying SCAQMD’s LST methodology, implementation of the project would result in exceedance of localized PM10 and PM2.5 emissions during construction (Table 5.2- 11 of the DEIR). However, as shown in Table

5.2-13 of the DEIR, localized emissions would be below SCAQMD thresholds with implementation of MM AQ -1. Moreover, as shown in Table 5.2- 14 of the DEIR, localized operational emissions would not exceed SCAQMD thresholds. As such, impacts would be less than significant with mitigation.

BIOLOGICAL RESOURCES

Candidate, sensitive or special status species

The project site consists primarily of vacant, undeveloped land that has been subject to a history of disturbance by human activity over time. The site contains one vegetation community, tamarisk thicket, and one land cover type classified as disturbed. The fauna of the project site and surrounding vicinity consists of species typical of disturbed, desert habitats in the Coachella Valley. Any off -site construction, including utilities, would be temporary and would not significantly impact the surrounding resources.

No special status plant species were observed on -site during the field investigation. The only special status animal species observed onsite during the field investigation was Costa’s hummingbird and sharpshinned hawk. In addition, the project site was determined to have a high potential to support eight special -status wildlife species that are not covered under the Coachella Valley Multiple Species Habitat Conservation Plan (CV MSHCP), including Cooper’s hawk, sharpshinned hawk, burrowing owl, California horned lark, prairie falcon, loggerhead shrike, rufous hummingbird, and black-tailed gnatcatcher.

The project was reviewed to determine consistency with the CVMSHCP which requires that local permittees comply with various protective measures for covered species, communities, essential ecological processes, and biological corridors. The proposed project is not listed as a planned “Covered Activity” under the published CVMSHCP but is still considered to be a current Covered Activity pursuant to Section 7.1 of the CVMSHCP. According to Section 7.1 of the CVMSHCP, take authorization will be provided for certain activities that take place outside of Conservation Areas. As a Covered Activity located outside designated conservation areas, implementation of the proposed project is expected to be consistent with the applicable regulatory compliance

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measures described in Section 4.4 of the CVMSHCP through payment of the applicable CVMSHCP fee.

Mitigation Measures:

To avoid or substantially reduce potential impacts to candidate, sensitive, or special status species, the following mitigation measure are hereby adopted and will be implemented consistent with the MMRP:

MM BIO-1: Pre-construction Burrowing Owl Clearance Survey.

To avoid impacts to burrowing owls during construction, the following actions, which are consistent with the Burrowing Owl Mitigation prepared by the CVMSHCP on March 7, 2012, and approved and accepted by the USFWS, shall be taken:

Preconstruction burrowing owl surveys shall be conducted no less than 14 days prior to the start of Project-related activities associated with each phase of the Project and within 24 hours prior to ground disturbance, in accordance with protocol defined in the 2012 Staff Report on Burrowing Owl Mitigation. Preconstruction surveys should be performed by a qualified biologist following the recommendations and guidelines provided in the 2012 Staff Report on Burrowing Owl Mitigation. If burrowing owls are detec ted during the preconstruction surveys, Project activities shall be immediately halted, and the qualified biologist and Project proponent shall prepare a Burrowing Owl Plan that shall be submitted to CDFW for review and approval prior to commencing Project activities. The Burrowing Owl Plan shall describe proposed avoidance, minimization, and monitoring actions. The Burrowing Owl Plan shall include the number and location of occupied burrow sites, acres of burrowing owl habitat that will be impacted, details of site monitoring, and details on proposed buffers and other avoidance measures if avoidance is proposed. If impacts to occupied burrowing owl habitat or burrow cannot be avoided, the Burrowing Owl Plan shall also describe relocation actions that will b e implemented. Proposed implementation of burrow exclusion and closure should only be considered as a last resort, after all other options have been evaluated as exclusion is not in itself an avoidance, minimization, or mitigation method and has the possibility to result in take. If impacts to occupied burrows cannot be avoided, information shall be provided regarding adjacent or nearby suitable habitat available to owls along with proposed relocation actions. The Permittee shall implement the Burrowing Owl Plan following CDFW review and approval.

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MM BIO-2: Migratory Bird Treaty Act and Fish and Game Code Compliance.

Regardless of the time of year, nesting bird surveys shall be performed by a qualified avian biologist no more than 3 days prior to vegetation removal or ground- disturbing activities associated with each phase of the Project. Pre- construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified avian biologist will make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests are found during the pre-construction nesting bird surveys, a qualified biologist shall establish an appropriate nest buffer to be marked on the ground. Nest buffers are species specific and shall be at least 300 feet for passerines and 500 feet for raptors. A smaller or larger buffer may be determined by a qualified biologist familiar with the nesting phenology of the nesting species and based on nest and buffer monitoring results. Established buffers shall remain on- site until a qualified biologist determines if the young have fledged or the nest is no longer active. Active nests and adequacy of the established buffer distance shall be monitored by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance.

MM BIO-3: Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) Compliance.

Prior to construction and issuance of any grading permit, the City of Indio shall ensure compliance with the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) and its associated Implementing Agreement and shall ensure the
collection of payment of the CVMSHCP Local Development
Mitigation Fee.

Finding:

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects on candidate, sensitive, or special status species described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such significant environmental e ffects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measures BIO-1 through BIO-3, as recommended in the Final EIR,

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which have been adopted by the City and are enforceable through the MMRP and project conditions of approval.

Facts in Support of Finding:

In order to avoid impacts from implementation of the proposed project to the candidate, sensitive, and special status species described above, Mitigation Measure (MM) BIO -1 and MM BIO -2 would be implemented to include preconstruction burrowing owl and nesting bird clearance surveys to be conducted prior to ground disturbance. With implementation of the se pre- construction surveys , impacts to the candidate, sensitive, and special status species described above will be less than significant. The finding set forth above is also supported by the fact that the project biologist conducted Burrowing Owl focused surveys in accordance with the survey protocols listed in the CDFW 2012 Staff Report on Burrowing Owl Mitigation and found no Burrowing Owls or evidence of their recent or historic use of the project site, as more fully described in the responses to the CDFW comment letter on the Draft EIR, which are incorporated herein.

The project site was determined to have a low potential to support five special-status plant species that are not covered under the CVMSHCP, including Borrego milk- vetch, ribbed cryptantha, winged cryptantha, Arizona spurge, and flat-seeded spurge. The project site is not expected to have long-term conservation value for non-covered special-status plant species since it is surrounded by development and no additional mitigation obligations specific to these plant species are expected.

Furthermore, the project is consistent with the applicable goal and policies identified within the City’s General Plan Conservation Element and the CVMSHCP. The project would adhere to the City’s general development standards regarding lighting to prevent spillover or bleeding beyond the project site and into nearby open spaces or into the sky. Additionally, the project’s landscaping plan includes native and drought tolerant planting that is appropriate for the climatic conditions, soil conditions and concern for maintenance. The entirety of the project site has been previously disturbed with agricultural activities and on-going disking activity. As such, native vegetation has been impacted in these areas of disturbance. Development of the project would not result in the loss of native vegetation and habitats that support sensitive and special -status species nor would the project violate any of the policies set forth in the CVMSHCP, including with respect to development adjacent to or in the vicinity of conservation areas, as more fully described in the MSHCP Consistency Analysis contained in Appendix E to the Draft EIR and incorporated herein.

The project is located within the boundaries of the CVMSHCP, but not located within any of the CVMSHCP designated conservation areas. As a Covered Activity located outside designated conservation areas, implementation of the proposed project is expected to be consistent with the applicable regulatory compliance measures described in Section 4.4 of the CVMSHCP. Since the proposed project is considered a Covered Activity under Section 7.1 of the CVMSHCP, no measures are required, and the project is in compliance with the CVMSHCP. Accordingly, impacts would be less that significant.

The City Council reviewed and considered the Draft EIR comments relating to Biological Resources, including Comments 2-1, 2-3 through 2-11. The mitigation measures were revised in the Final EIR to incorporate the suggestions in Comments 2- 3, 2-4, and 2-7. The City Council

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finds that other comments lack merit and fail to provide any substantial evidence of any new or more severe significant adverse effects relating to biological resources, beyond what is described above and in the Draft EIR, or of any inaccuracies in the Draft EIR or technical studies. Rather, the City Council finds Final EIR Responses 2-1, 2- 3 through 2-11 and the revisions to the mitigation measures persuasive, and hereby adopts those responses and incorporates them into the City Council’s findings, analysis and conclusions regarding biological resources. Specifically with respect to potential impacts from project lighting, the City Council finds that adherence to the City’s outdoor lighting requirements will avoid any potential impacts to sensitive species or their habitat, as more fully explained in Response to Comment No. 2- 6, which is incorporated herein.

With respect to potential impacts on California Fish & Game Code Section 1602 resources, the City Council finds that no such resources are present on the project site, as more fully set forth in Response to Comment No. 2-5 and Appendix E to the Draft EIR, which are incorporated herein.

CULTURAL RESOURCES

Impacts to Historical and Archaeological Resources.

Implementation of the proposed project will result in potentially significant impacts to historical and archaeological resources. A records search indicated that five previous survey projects were conducted within the records search area. The historical -period sites are 2 refuse scatters, a segment of the Union Pacific Railroad/Southern Pacific Railroad, a segment of the Hayfield-Chino 220-kV transmission line, a utility pole, an unpaved road segment, the Coachella Canal, the East Side Dike, and a pipeline segment. All 3 isolated resources consisted of ceramic fragments.

Nine new archaeological sites, SRI -2, SRI-11, SRI-15, SRI-38, SRI-42, SRI-82, SRI-239, SRI- 769, and SRI -776 were identified during the survey of the project site. Coachella Valley Water District (CVWD) is currently constructing the N orth Indio Regional Flood Control project to the east of the project site between Adams and Jefferson Streets. As part of that CVWD project, the City approved a stockpile mass grading plan to allow soil exported during construction of these flood control facilities to be placed in an approximate 80-acre stockpile area in the central portion of the project site. Because this stockpile area included several of the new archeological sites identified during the fi eld surveys, additional field investigations of these sites were conducted with the participation of tribal representatives prior to soil being deposited in this stockpile area.

SRI-15 was identified as a large prehistoric artifact scatter. While a large variety and a large quantity of artifacts were d iscovered at SRI-15, agricultural activities and the construction of the dirt road that bisects the southern portion of the site have greatly reduced the site’s integrity on the surface and within the plow zone. The presence of a subsurface feature suggest s that the site maintains some degree of depth and subsurface integrity below the plow zone. S ite SRI-15 was determined to be eligible for listing in the CRHR as it is likely to yield additional information that may address three of the research themes considered in the evaluation of cultural resource significance: chronology, trade and social interaction, and settlement and subsistence. Impacts to SRI-15 during construction of the project is a potentially significant impact.

Using historical-period aerial images and USGS topographic maps, a possible historical period structure was observed in the north-central portion of the project site in aerial imagery from 1953.

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Also, on the 1958 Myoma California 7.5-minute USGS topographic map, four possible historical period structures were observed within the main project site, as well as an orchard or grove of trees south of the main project site, where the 3- acre proposed substation parcel is located. These structures and the orchard/grove are likewise visible on the 1967 Myoma California 7.5- minute USGS topographic map. An additional four structures and a possible retention basin or pit were observed on the 1973 Myoma California 7.5-minute USGS topographic map.

Mitigation Measures:

To avoid or substantially reduce potential impacts to historic and archaeological resources, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP:

MM CUL-1: SRI 15 Data Recovery. Prior to the implementation of mass grading, clearing, or grubbing, given the subsurface component of SRI 15 and the potential for human remains, consultation with Tribal entities concerning the site should occur so that appropriate measures are taken to adequately and respectfully mitigate any adverse effects that the development may have on the site.

Because implementation of the project as proposed would significantly impact the site, including the planned development of the SRI -15 area, avoidance of the SRI 15 site is not feasible.

Therefore, an archaeological data recovery plan shall be drafted and implemented for the site in a manner consistent with established professional archaeological standards and in consultation with the Agua Caliente, Morongo, and Cabazon Tribes. Data recovery efforts will be led by a qualified principal archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for Archeology and monitored by tribal representatives. This archaeological data recovery plan will include the professional qualifications required of key staff and detail excavation methods as well as methods used to analyze recovered artifacts and samples.

Implementation of the data recovery plan will reduce to an insignificant level potential project effects on SRI 15.

MM CUL-2: Archaeological Monitoring. Prior to the start of project ground disturbance, including demolition and vegetation removal, a qualified principal archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for Archeology, shall be retained to prepare and implement a written Cultural Resource Monitoring and Treatment Plan (CRMTP) that is
consistent with established professional archaeological standards and subject to the approval of the City. Implementation of the CRMTP will reduce to an insignificant level potential project effects

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on known archaeological resources as well as on unanticipated archaeological resources that may be unearthed during construction, which would include potential prehistoric and historical -period discoveries. The CRMTP shall detail the pertinent historic context and anticipated research themes within which cultural resources in the project site can be treated and evaluated. The plan shall include the professional qualifications required of key staff, monitoring protocols relative to the varying archaeological sensitivity across the project site, provisions for evaluating and treating unanticipated cultural materials discovered during ground- disturbing activities, situations under which monitoring may be reduced or discontinued, and reporting requirements. The CRMTP shall include detailed methods to be taken during stop work situations, assessment of preservation in place or recovery of potential cultural deposits, and the process for evaluating resources for CRHR eligibility. The CRMTP shall also include a section describing the protocol in the event that unanticipated human remains are discovered during project construction.

Finding:

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for the significant effects on historic and archaeological resources described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such significant environmental e ffects as identified in the Final EIR, and further finds that all such effects will be mitigated to le ss than significant levels through implementation of mitigation me asures CUL-1 and CUL-2, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the MMRP and project conditions of approval.

Facts in Support of Finding:

While implementation of the proposed project has the potential to impact the identified historical and archaeological resources described above and in the Draft EIR (see pp. 5.4- 12 – 5.4-14), development and implementation of an archeological data recovery plan, with monitoring by tribal monitors, is proposed to collect the cultural resource information that may be yielded by this site.

Mitigation Measures (MM) CUL -1 and MM CUL -2 would be imple mented to reduce the significance of project impacts to less than significant. Prior to ground disturbing activities, MM CUL-1 would require consultation with Tribal entities concerning SRI -15, so that appropriate measures are taken to adequately and respectfully mitigate any adverse effects that the development may have on the site.

Intact clay layers throughout the project site suggest that (1) agricultural practices did not disturb deeper deposits, (2) the ancient Lake Cahuilla’s shoreline extended into the project site, and (3) it is likely that many of the surface finds are highly disturbed from agricultural practices over the last 100 years. The presence of artifacts on the surface and their sparce subsurface presence

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suggests that most of the 11 prehistoric sites retain limited integrity. SRI 15 is the only site that has a subsurface feature and thus maintains integrity. Notably, the thermal feature at SRI 15 is directly above clay deposits, indicating that the ancient Lake Cahuilla once extended into the area but that the use of the thermal feature occurred after the lake had begun to recede from the area, because there were no clay deposits above the feature. Should archaeological resources be encountered during subsurface excavation activities, implementation of MM CUL -2 requires all activities near the discovery to cease, and a qualified archaeologist should be brought in to examine the discovery.

Implementation of MM CUL-1 and MM CUL-2 would reduce any significant impacts to less than significant.

Impacts to Human Remains

Based on the cultural sensitivity of the area, there is the potential that ground disturbing activities could result in the identification of additional resources, including previously unidentified cremations and human remains, and this is considered a potentially significant adverse effect.

Mitigation Measures:

To avoid or substantially reduce potential impacts concerning the discovery of human remains, the following mitigation measure s are hereby adopted and will be imple mented consistent with the MMRP:

MM CUL-3: Human Remains . If human remains are identified during construction, all construction activities near the remains must cease immediately, and the area must be secured. The Riverside County Coroner’s Office must be contacted immediately, in accordance with the California Health and Safety Code (HSC) Section 7050.5(b). If the determination is made by the coroner that the remains are those of a Native American, HSC 7050.5(c) requires that the coroner contact the Native American Heritage Commission (NAHC) by telephone within 24 hours. The NAHC will then select a Most Likely Descendant and will coordinate with that individual regarding the treatment and final disposition (repatriation) of the human remains, according to the provisions of PRC 5097.98 and any other legal/regulatory requirements. Any encountered human remains will be treated with the proper dignity and respect.

Finding:

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects concerning human remains described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such

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significant environmental e ffects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measure CUL-3, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the MMRP and project conditions of approval.

Facts in Support of Finding:

Much of the prehistoric occupation of the Coachella Valley appears to be correlated with the presence of Lake Cahuilla, with most of the earliest known sites in the valley located at or near the ancient lakeshore. No human remains were found in the proje ct site during the surveys; a small number of burned bone fragments were encountered during the field survey which could not be positively identified as human or animal, because of the heavily fragmented nature of the materials and the lack of diagnostic traits. The presence of these bone fragments in association with artifacts, such as beads, often associated with human burials/cremation in the area the project site is located in, indicates the potential for the presence of cremations. project construction would include grading and excavation, which could result in the discovery of previously unrecorded human remains, including Native American burials. If human remains are uncovered during subsurface excavation activities, implementation of MM CUL -3 would require notification of the County coroner within 24 hours of the discovery to handle and identify the human remains. If the remains are determined to be those of a Native American, the County coroner shall notify the Native American Heritage Commission (NA HC), who would ensure compliance with Public Resources Code (PRC) Section 5097.98.

Compliance with these legal requirements, along with implementation of mitigation measures CUL-3 will ensure that potential impacts relating to human remains will be less than significant.

GEOLOGY AND SOILS

Expose People or Structures to:

S trong Seismic Shaking: Similar to most of Southern California, the project site is in a seismically active area and is subject to some level of ground shaking as a result of movement along the major active (and potentially active) fault zones that characterize this region. While no active faults are known to transect, or project onto, the project site, the nearest faults in proximity to the project site that could generate seismic activity that would affect the site are the Indio Hills and San Andreas (San Andreas Coachella Segment) Faults. The Coachella Segment of the San Andreas Fault Zone is located approximately 2.5 miles northwest of the site. The Indio Hills Fault Zone is approximately three miles east of the project site.

Intensity of ground shaking at a given location depends primarily upon earthquake magnitude, site distance from the source, and site response (soil type) characteristics. The project’s proximity to the two faults results in a reasonable likelihood that potentially significant seismic activity would be experienced at the project site. Based on the proposed remedial grading recommendations in areas of planned development, the potential total settlement resulting from ground shaking is expected to be less than 4 inches in the upper 50 feet of soils. The potential for seismic -induced settlement to occur is considered moderate.

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Mitigation Measures:

To avoid or substantially reduce potential adverse effects associated with seismic shaking, the following mitigation measure s are hereby adopted and will be imple mented consistent with the MMRP:

MM GEO-1: S ite Preparation and Remedial Grading . Prior to grading, the proposed structural improvement areas (i.e., all structural fill areas, pavement areas, buildings, etc.) of the site should be cleared of surface and subsurface obstructions, heavy vegetation and boulders.

Roots and debris should be disposed of offsite. Septic Tanks or seepage pits, if encountered, should be abandoned in accordance with the County of Riverside Department of Health Services guidelines. The near surface soils/alluvium (including artificial fill/stockpiles) are potentially compressible in their present state and may settle under the surcharge of fills or foundation loading. As such, these materials should be removed (over -excavated) and re - compacted in all settlement-sensitive areas. We recommend that the upper 5 feet of alluvium or 3 feet below bottom of footings, whichever deeper, should be removed/overexcavated and
recompacted prior to foundation construction or placement of any additional fill. The removal limit should be established by a 1:1 (horizontal: vertical) projection from the edge of fill soils supporting settlement-sensitive structures downward and outward to competent material identified by the geotechnical consultant. Removal will also include benching into competent material as the fills rise. Areas adjacent to existing structures or property limits may require special considerations and monitoring. Steeper temporary slopes in these areas may be considered.

MM GEO-2: Structural Fills. The onsite soils are generally suitable for re -use as compacted fill provided they are free of debris and organic matter.

Areas to receive structural fill and/or other surface improvements should be scarified to a minimum depth of 8 inches, conditioned to at least optimum moisture content, and recompacted. Fill soils should be placed at a minimum of 90 percent relative compaction (based on ASTM D1557) and near or above optimum moisture content. Placement and compaction of fill should be performed in accordance with local grading ordinances under the observation and testing of the geotechnical consultant. The optimum lift thickness to produce a uniformly compacted fill will depend on the type and size of compaction equipment used. In general, fill should be placed in uniform lifts not exceeding 8 inches in thickness. Fill slope keyways will be necessary at the toe of all fill slopes and cut slope replacement fills. Keyway schematics, including dimensions and

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subdrain recommendations, are provided in Appendix D. All keyways should be excavated into dense bedrock or dense alluvium as determined by the geotechnical engineer. The cut portions of all slope and keyway excavations should be geologically mapped and approved by a geologist prior to fill placement. Fills placed on slopes steeper than 5:1 (horizontal: vertical) should be benched into dense soils (see Appendix D for benching detail). Benching should be of sufficient depth to remove all loose material. A minimum bench height of 2 feet into approved material should be maintained at all times.

MM GEO-3: Shrinkage and Subsidence. The volume change of excavated onsite materials upon compaction is expected to vary with materials, volume of roots and deleterious materials, density, insitu moistur e content, location, and compaction effort. The in place and compacted densities of soil materials vary and accurate overall determination of shrinkage and bulking cannot be made. Therefore, we recommend site grading include, if possible, a balance area or ability to adjust import quantities to accommodate some variation.

Based on our experience with similar materials, we anticipate 10 to 15 percent shrinkage in the upper 5 feet of dune sand/alluvium.

Subsidence due solely to scarification, moisture conditioning and recompaction of the exposed bottom of overexcavation, is expected to be on the order of 0.15 foot. This should be added to the above shrinkage value for the recompacted fill zone, to calculate overall subsidence.

MM GEO-4: Import Soils. Import soils and/or borrow sites, if needed, should be evaluated by the geotechnical consultant prior to import. Import soils should be uncontaminated, granular in nature, free of organic material (loss on ignition less -than 2 percent), have a very low expansion potential (with an Expansion Index less than 21) and have a low corrosion impact to the proposed improvements.

MM GEO-5: Utility Trenches. Utility trenches should be backfilled with compacted fill in accordance with Sections 306 -1.2 and 306-1.3 of the Standard Specifications for Public Works Construction, (“Greenbook”), 2018 Edition (or most recent). Fill material above the pipe zone should be placed in lifts not exceeding 8 inches in uncompacted thickness and should be compacted to at least 90 percent relative compaction (ASTM D 1557) by mechanical means only. site soils may generally be suitable as trench backfill provided these soils are screened of rocks over 1½ inches in diameter and organic matter. If imported sand is used as backfill, the upper 3 feet in building and pavement areas should be compacted to 95 percent.

The upper 6 inches of backfill in all pavement areas should be

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compacted to at least 95 percent relative compaction. Where granular backfill is used in utility trenches adjacent moistu re sensitive subgrades and foundation soils, we recommend that a cut- off “plug” of impermeable material be placed in these trenches at the perimeter of buildings, and at pavement edges adjacent to irrigated landscaped areas. A “plug” can consist of a 5 -foot-long section of clayey soils with more than 35- percent passing the No. 200 sieve, or a Controlled Low Strength Material (CLSM) consisting of one sack of Portland-cement plus one sack of bentonite per cubic-yard of sand. CLSM should generally conform to Section 201-6 of the Standard Specifications for Public Works Construction, (“Greenbook”), 2018 Edition. This is intended to reduce the likelihood of water permeating trenches from landscaped areas, then seeping along permeable trench backfill into the building and pavement subgrades, resulting in wetting of moisture sensitive subgrade earth materials under buildings and pavements.

Excavation of utility trenches should be performed in accordance with the project plans, specifications, and the California Construction Safety Orders (current Edition). The contractor should be responsible for providing a "competent person" as defined in Article 6 of the California Construction Safety Orders. Contractors should be advised that sandy soils (such as fills generated from the onsite alluvium) could make excavations particularly unsafe if all safety precautions are not properly implemented. In addition, excavations at or near the toe of slopes and/or parallel to slopes may be highly unstable due to the increased driving force and load on the trench wall. Spoil piles from the excavation(s) and construction equipment should be kept away from the sides of the trenches.

Leighton does not consult in the area of safety engineering.

MM GEO-6: Drainage. All drainage should be directed away from structures, slopes, and pavements by means of approved permanent/temporary drainage devices. Adequate storm drainage of any proposed pad should be provided to avoid wetting of foundation soils. Irrigation adjacent to buildings should be avoided when possible. As an option, sealed- bottom planter boxes and/or drought resistant vegetation should be used within 5-feet of buildings.

MM GEO-7: Slope Design and Construction. Based on our understanding and planning purposes, all fill and cut slopes will be designed and constructed at 2:1 (horizontal: vertical) with benches at maximum 30-foot intervals. These slopes are considered grossly stable for static and pseudo static conditions. For planning purposes, cut slopes exceeding 5 feet in height should be constructed as replacement fill slopes due to the highly erosive nature of site soils.

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Future grading plans should be subject to further review and evaluation.

The outer portion of fill slopes should be either overbuilt by 2 feet (minimum) and trimmed back to the finished slope configuration or compacted in vertical increments of 5 feet (maximum) by a weighted sheepsfoot roller as the fill is placed. The slope face should then be track-walked by dozers of appropriate weight to achieve the final slope configuration and compaction to the slope face. Slope faces are inherently subject to erosion, particularly if exposed to wind, rainfall, and irrigation. Landscaping and slope maintenance should be conducted as soon as possible in order to increase long- term surficial stability. Berms should be provided at the top of fill slopes. Drainage should be directed such that surface runoff on the slope face is minimized.

MM GEO-10: Vapor Retarder. It has been a standard of care t o install a moisture retarder underneath all slabs where moisture condensation is undesirable. Moisture vapor retarders may retard but not totally eliminate moisture vapor movement from the underlying soils up through the slabs. Moisture vapor transmission may be additionally reduced by use of concrete additives. A qualified person/firm shall be engaged and consulted with to evaluate the general and specific moisture vapor transmission paths and any impact on the proposed construction and make to avoid moisture vapor transmission on various components of the structure as deemed appropriate. The slab subgrade soils should be well wetted prior to placing concrete.

MM GEO-12: Geochemical Characteristics. Additional corrosion testing should be performed on representative finish grade soils at the completion of rough grading. Concrete foundations in contact with site soils should be designed in accordance with 2019 CBC. A qualified corrosion engineer should be consulted to review the results of laboratory tests and coordinate additional testing if corrosion sensitive materials are to be used.

MM GEO-13: Preliminary Pavement Design . The subgrade soils in the upper 6 inches should be properly compacted to at least 95 percent relative compaction (ASTM D1557) and should be moisture conditioned to near optimum and kept in this condition until the pavement section is constructed. Proof-rolling subgrade to identify localized areas of yielding subgrade (if any) should be performed prior to placement of aggregate bas e and under the observation of the geotechnical consultant. Minimum relative compaction requirements for aggregate base should be 95 percent of the maximum laboratory density as determined by ASTM D1557. Base rock should conform

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to the “Standard Specificat ions for Public Works Construction” (green book) current edition or Caltrans Class 2 aggregate base having a minimum R -value of 78. Asphaltic concrete should be placed on compacted aggregate base and compacted to a minimum 95 percent relative compaction.

Finding:

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects relating to seismic ground shaking, described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will b e mitigated to less than significant levels through implementation of mitigation measures GEO-1 through GEO-7, GEO-10, GEO-12 and GEO-13, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the MMRP and project conditions of approval.

Facts in Support of Finding:

Based on the Geotechnical Study prepared for the project, the project is considered feasible for development from a geotechnical perspective. Mitigation Measure (MM) GEO -1, MM GEO -2, and MM GEO-3, and MM GEO-13 would reduce the potential for seismic settlement in areas of planned development and include the removal of unconsolidated alluvium, artificial fill, slopewash, colluvium, weathered terrace deposits, severely weathered bedrock, and landslide materials prior to areas receiving fill. MM GEO-10 and MM GEO-12 would also reduce moisture vapor transmission on various components of the structure and corrosion of foundations.

Additional mitigation measures to reduce the potential for seismic settlement in areas of planned development also include MM GEO -4 through MM GEO -7. These mitigation measures w ould include backfill of utility trenches, the import of soils with uncontaminated and low corrosive impact, drainage directed away from slopes and structures, and a balance area to be placed on-site for the adjustment of import soil quantities to accommodate variation of compaction needs. These mitigation measures would also be applied to the alternative substation site, which is located on the northwest corner of Burr Street and Avenue 40. Buildings and structures developed on the project site, as well as the potential alternative substation site, would also be required to adhere to the minimum standards and seismic safety requirements outlined in the 20 19 California Building Code, as adopted, and amended by the City and codified in Title XV: Land Usage, in the I ndio Municipal Code (IMC). These requirements would ensure that the project would implement the recommendations contained within the Geotechnical Study. Therefore, implementation of MMs GEO-1 through MM GEO -7, MM GEO -10, MM GEO -12, and MM GEO -13 and building requirements would ensure that the project would be designed in accordance with City and professional standards to avoid hazards related to seismic ground shaking. Impacts would be less than significant with mitigation.

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Seismic-Related Ground Failure, including Liquefaction: Implementation of the proposed project has the potential for significant adverse effects associated with seismic- related ground failure, due to the active faults in the project vicinity ; based on the depth of groundwater in the soils, possibly between 90 to 140 bgs according to the nearest well, liquefaction is not likely to occur. In addition, the project site is also not mapped within an area of liquefaction according to the California Department of Conservation. However, during a strong seismic event, seismically- induced settlement can still occur within loose to moderately dense, dry, or saturated granular soils.

Mitigation Measures:

To avoid or substantially reduce potential adverse effects associated with seismic -related ground failure, including liquefaction, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP:

MM GEO-8: Bearing and Lateral Pressures. Based on the analysis, the proposed residential/ and retail/commercial structures may be founded on conventional foundation systems based on the design parameters provided below. The proposed foundations and slabs should be designed in accordance with the structural consultants’ design, the minimum geotechnical recommendations presented herein, and the 2019 CBC. In utilizing the minimum geotechnical foundation recommendations, the structural consultant should design the foundation system to acceptable deflection criteria as determined by the architect. Foundation footings may be designed with the following geotechnical design parameters:

• Bearing Capacity: A net allowable bearing capacity of 2,000 pounds per square foot (psf), or a modulus of subgrade reaction of 150 pci may be used for design of footings founded entirely into compacted fill. The footings should extend a minimum of 12 inches below lowest adjacent grade. A minimum base width of 18 inches for continuous footings and a minimum bearing area of 3 square feet (1.75 ft by 1.75 ft) for pad foundations should be used. Additionally, an increase of one- third may be applied when considering short - term live loads (e.g., seismic and wind).

• Passive Pressures: The passive earth pressure may be computed as an equivalent fluid having a density of 300 psf per foot of depth, to a maximum earth pressure of 3,000 pounds per square foot. A coefficient of friction between soil and concrete of 0.35 may be used with dead load forces. When combining passive pressure and frictional resistance, the passive pressure component should be reduced by one third.

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MM GEO-9: Settlement. The project civil engineer, structural engineer, and architect should consider the potential effects of both static settlement and dynamic settlement presented below.

• Static Settlement: Most of the static settlement of onsite soils is expected to be immediate or within 30 days following fill placement. A differential static settlement of 0.5 inch over a 30-foot span may be considered for design purposes. Additional settlement will also occur in the future if sites grades are raised or due to specific or large footing/foundation loads.

• Dynamic Settlement: Based on our analysis, we estimate that total dynamic settlement is expected to be less than 5.0 inch. Due to relatively uniform alluvium, this settlement is expected to be global and differential settlement is expected to be minimal or less than

0.25 inches over a 40foot horizontal span.

Finding:

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects relating to seismic-related ground failure, including liquefaction, described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measures GEO-8 and GEO-9, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the MMRP and project conditions of approval.

Facts in Support of Finding:

The proposed remedial grading recommendations within the Geotechnical Study, state that the potential total settlement resulting from ground shaking is expected to be less than 4 inches in the upper 50 feet of soils. It is anticipated that the deeper sediments underlying the site have been present for multiple San Andreas earthquakes and thus have experienced most dry settlement.

However, MM GEO -8 and MM GEO -9 would further reduce the potential for liquefaction and associated liquefaction -induced ground failures and may include recompaction of potentially liquefiable soils. Additionally, implementation of the 2019 CBC requirements and the recommendations contained in the approved Geotechnical Study during design and construction, would be ensured through implementation of the required geotechnical report and final grading, drainage, and erosion control plans. The potential for adverse impacts to the proposed development from liquefaction and other secondary seismic effects is considered to be low provided tha t MM GEO-8 and MM GEO -9 are incorporated into the future grading plan and implemented during construction. Therefore, impacts are considered to be less than significant with mitigation.

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Soil Erosion or Loss of Topsoil

Construction. The project site currently consists of vacant land historically used for agricultural purposes. Stockpiles of soil are also located in the east-central and central portions of the site. The project site would be graded prior to construction of the project ; and therefore, the soils would be exposed and could be subject to erosion. In compliance with SCAQMD Rule 403 and Rule 403.1, exposed soils would need to be covered with vegetation as soon as possible and/or watered in order to reduce fugitive dust. Construction vehicles on the project site would also need to maintain low speeds as another measure to reduce airborne fugitive dust particles. Quaternary- aged alluvial deposits were encountered to the maximum depth explored in conjunction with the project site’s geotechnical investigation. The artificial fill materials are composed predominately by site generated soils containing alluvial deposits. The alluvium materials are composed of loose to medium dense in the upper 30 feet and dense to very dense below depths greater than 30 feet.

The near surface alluvium (upper 5 feet) is expected to generally possess very low expansion potential.

O
peration . The increased intensity of use on the project site would potentially impact the surrounding undeveloped adjacent landscape and influence acceleration of erosion from stormwater runoff. In addition, wind erosion from the surrounding undeveloped properties could have potential impacts on the buildings, structures, and individuals within the project site. This is due to the nature of the regional landscape, wind patterns, and soil composition. These factors influence the area to be more susceptible to wind erosion impacts. Thus, the project site is considered to be located in an area of minimal erosion hazard.

Mitigation Measures:

To avoid or substantially reduce potential adverse effects associated with s oil erosion or loss of topsoil, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP:

MM GEO-6: Drainage. All drainage should be directed away from structures, slopes, and pavements by means of approved permanent/temporary drainage devices. Adequate storm drainage of any proposed pad should be provided to avoid wetting of foundation soils. Irrigation adjacent to buildings should be avoided when possible. As an option, sealed- bottom planter boxes and/or drought resistant vegetation should be used within 5-feet of buildings.

MM GEO-7: Slope Design and Construction. Based on our understanding and planning purposes, all fill and cut slopes will be designed and constructed at 2:1 (horizontal: vertical) with benches at maximum 30-foot intervals. These slopes are considered grossly stable for static and pseudo static co nditions. For planning purposes, cut slopes exceeding 5 feet in height should be constructed as replacement fill slopes due to the highly erosive nature of site soils.

Future grading plans should be subject to further review and

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evaluation. The outer portion of fill slopes should be either overbuilt by 2 feet (minimum) and trimmed back to the finished slope configuration or compacted in vertical increments of 5 feet (maximum) by a weighted sheepsfoot roller as the fill is placed. The slope face should then be track -walked by dozers of appropriate weight to achieve the final slope configuration and compaction to the slope face. Slope faces are inherently subject to erosion, particularly if exposed to wind, rainfall, and irrigation. Landscaping and slope maintenance should be conducted as soon as possible in order to increase long -term surficial stability. Berms should be provided at the top of fill slopes. Drainage should be directed such that surface runoff on the slope face is minimized.

MM GEO-11: Retaining Walls. Unrestrained (yielding) cantilever walls should be designed for the active equivalent -fluid weight value provided above for very low to low expansive soils that are free draining. In the design of walls restrained from movement at the top (nonyielding) such as basement or elevator pit/utility vaults, the at - rest equivalent fluid weight value should be used. Total depth of retained earth for design of cantilever walls should be measured as the vertical distance below the ground surface measured at the wall face for stem design, or measured at the heel of the footing for overturning and sliding calculations. Should a sloping backfill other than a 2:1 (horizontal: vertical) be constructed above the wall (or a backfill is loaded by an adjacent surchar ge load), the equivalent fluid weight values provided above should be re -evaluated on an individual case basis by us. Non- standard wall designs should also be reviewed by us prior to construction to check that the proper soil parameters have been incorporated into the wall design.

Finding:

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects relating to soil erosion or loss of tops oil, described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such significant environmental effects as identified in the Final EIR , and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measures GEO-6, GEO-7 and GEO-11, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the MMRP and project conditions of approval.

Facts in Support of Finding

As described in DEIR Section 5.8: Hydrology and Water Quality, the General Permit for Storm Water Discharges Associated with Construction Activities requires that the project develop and

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implement a Storm Water Pollution Prevention Plan (SWPPP), which includes Best Management Practices (BMPs) that would be employed to prevent erosion of on-site soils, as well as discharge of other construction related pollutants. A monitoring program is required as part of the SWPPP to ensure that BMPs are implemented appropriately and are effective at control ling discharges of pollutants that are related to stormwater, including erosion of on-site soils. Indio Municipal Code (IMC) Title XV, Chapter 162, Sections 162.600 describes regulation standards for sediment and erosion control during grading activities. Additionally, MM GEO-6 and MM GEO-7 would reduce the potential for flooding and erosion. Therefore, with the implementation MM GEO -6 and MM GEO-7, the required SWPPP, and adherence to the IMC for sediment and erosion control, soil erosion impacts would be less than significant.

Unprotected pads and slope faces will be susceptible to erosion. This risk can be reduced by planting the slopes as soon as possible after grading, and by maintaining proper erosion control measures. MM GEO-7 would require all fill and cut slopes to be designed and constructed at 2:1 (horizontal: vertical) with benches at maximum 30-foot intervals; berms provided at the top of fill slopes to reduce runoff; and drainage would be directed such that surface runoff on the slope face is minimized. These slopes would be considered stable for the soil within the project site. Further, MM GEO -11 would require retained earth for design of cantilever walls for very low to low expansive soils that are free draining. Implementation of these recom mendations would reduce impacts to less than significant.

Located on an Unstable Geologic Unit

The relatively flat topography of the project site and surrounding off -site areas precludes both stability problems and the potential for lurching, which is earth movement at right angles to a cliff or steep slope during ground shaking. Liquefaction may also cause lateral spreading. For lateral spreading to occur, the liquefiable zone must be continuous, unconstrained laterally, and free to move along gently sloping ground toward an unconfined area. However, if lateral containment is present for those zones, then no significant risk of lateral spreading would be present. Since the liquefaction potential at the project site is low, earthquake -induced lateral spr eading is not considered to be a significant seismic hazard, nor would it result in off-site impacts.

To minimize significant settlements, it is recommended that the unsuitable soils in areas to receive fills be removed and replaced with compacted fill. Ground surface subsidence generally results from the extraction of fluids or gas from the subsurface that can result in a gradual lowering of the ground level. According to the geotechnical study, groundwater was not found to be present on the project site and groundwater depths are estimated to be between 90 and 140 feet bgs. With the lack of presence of shallow groundwater, the potential for ground collapse and other adverse effects due to subsidence to occur on the project site and off-site areas is considered low. Thus, the potential for seismically induced ground subsidence is considered to be moderate at the site.

Mitigation Measures:

To avoid or substantially reduce potential adverse effects associated with development on an unstable geologic unit, the following mitigation measure s are hereby adopted and will be implemented consistent with the MMRP:

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MM GEO-1: S ite Preparation and Remedial Grading . Prior to grading, the proposed structural improvement areas (i.e., all structural fill areas, pavement areas, buildings, etc.) of the site should be cleared of surface and subsurface obstructions, heavy vegetation and boulders.

Roots and debris should be disposed of offsite. Septic Tanks or seepage pits, if encountered, should be abandoned in accordance with the County of Riverside Department of Health Services guidelines. The near surface soils/alluvium (including artificial fill/stockpiles) are potentially compressible in their present state and may settle under the surcharge of fills or foundation loading. As such, these materials should be removed (over -excavated) and re- compacted in all settlement-sensitive areas. We recommend that the upper 5 feet of alluvium or 3 feet below bottom of footings, whichever deeper, should be removed/overexcavated and
recompacted prior to foundation construction or placement of any additional fill. The removal limit should be established by a 1:1 (horizontal: vertical) projection from the edge of fill soils supporting settlement-sensitive structures downward and outward to competent material identified by the geotechnical consultant. Removal will also include benching into competent material as the fills rise. Areas adjacent to existing structures or property limits may require special considerations and monitoring. Steeper temporary slopes in these areas may be considered.

MM GEO-2: Structural Fills. The onsite soils are generally suitable for re -use as compacted fill provided they are free of debris and organic matter.

Areas to receive structural fill and/or other surface improvements should be scarified to a minimum depth of 8 inches, conditioned to at least optimum moisture content, and recompacted. Fill soils should be placed at a minimum of 90 percent relative compaction (based on ASTM D1557) and near or above optimum moisture content. Placement and compaction of fill should be performed in accordance with local grading ordinances under the observation and testing of the geotechnical consultant. The optimum lift thickness to produce a uniformly compacted fill will depend on the type and size of compaction equipment used. In general, fill should be placed in uniform lifts not exceeding 8 inches in thickness. Fill slope keyways will be necessary at the toe of all fill slopes and cut slope replacement fills. Keyway schematics, including dimensions and subdrain recommendations, are provided in Appendix D. All keyways should be excavated into dense bedrock or dense alluvium as determined by the geotechnical engineer. The cut portions of all slope and keyway excavations should be geologically mapped and approved by a geologist prior to fill placement. Fills placed on slopes steeper than 5:1 (horizontal: vertical) should be benched into

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dense soils (see Appendix D for benching detail). Benching should be of sufficient depth to remove all loose material. A minimum bench height of 2 feet into approved material should be maintained at all times.

MM GEO-3: Shrinkage and Subsidence. The volume change of excavated onsite materials upon compaction is expected to vary with materials, volume of roots and deleterious materials, density, insitu moisture content, location, and compaction effort. The in place and compacted densities of soil materials vary and accurate overall determination of shrinkage and bulking cannot be made. Therefore, we recommend site grading include, if possible, a balance area or ability to adjust import quantities to accommodate some variation.

Based on our experience with similar materials, we anticipate 10 to 15 percent shrinkage in the upper 5 feet of dune sand/alluvium.

Subsidence due solely to scarification, moisture conditioning and recompaction of the exposed bottom of overexcavation, is expected to be on the order of 0.15 foot. This should be added to the above shrinkage value for the recompacted fill zone, to calculate overall subsidence.

MM GEO-13: Preliminary Pavement Design . The subgrade soils in the upper 6 inches should be properly compacted to at l east 95 percent relative compaction (ASTM D1557) and should be moisture conditioned to near optimum and kept in this condition until the pavement section is constructed. Proof-rolling subgrade to identify localized areas of yielding subgrade (if any) should be performed prior to placement of aggregate base and under the observation of the geotechnical consultant. Minimum relative compaction requirements for aggregate base should be 95 percent of the maximum laboratory density as determined by ASTM D1557. Base rock should conform to the “Standard Specifications for Public Works Construction” (green book) current edition or Caltrans Class 2 aggregate base having a minimum R -value of 78. Asphaltic concrete should be placed on compacted aggregate base and compacted to a minimum 95 percent relative compaction.

Finding:

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects relating to development on an unstable geologic unit described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measures GEO-1 through GEO-3 and GEO-13, as recommended in

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the Final EIR, which have been adopted by the City and are enforceable through the MMRP and project conditions of approval.

Facts in Support of Finding:

Seismically induced settlement is considered to be potentially significant. Mitigation Measure (MM) GEO-1 through MM GEO -3 and MM GEO -13 would reduce impacts to less than significant. MM GEO-1 would include the removal of heavy vegetation, boulders, roots, and debris from the project site. With MM GEO-2, the excavation/recompaction of uncertified fill, ground settlement would be reduced to levels that can be accommodated by conventional foundation designs. MM GEO-3 states that proposed foundations and slabs would be designed in accordance with the structural consultants’ design, the minimum geotechnical recommendations presented in the Geotechnical Study, and the 2019 California Building Code (CBC). Additionally, based on the remedial grading recommendations in areas of planned development, the project site has very low expansion and collapsible potential. Therefore, the risk of ground settlement would be less than significant, with mitigation.

Even though the project site’s potential to experience a landslide, lateral spreading, subsidence, liquefaction, or collapse is considered low, development of the project would comply with the CBC, prepare a detailed geotechnical and soils investigation approved by the City, and incorporate the recommendations presented in the draft and final soils engineering reports prepared for the project site. Therefore, impacts related to exposure to hazards including landslides, lateral spreading, subsidence, liquefaction, and collapse, as well as development on a potentially unstable geologic unit would be less than significant.

Impacts to a Unique Paleontological Resource, site or Unique Geologic Feature

The project site is underlain by several Pleistocene- to Holocene-age alluvial deposits. Quaternary alluvial deposits are generally assigned a high paleontological resource potential for their Pleistocene components and a low paleontological resource potential for their Holocene components. Records fr om the Western Science Center corroborate the assignment of a high paleontological resource potential to these alluvial deposits (at least at depth), as documented by the presence of significant fossil finds in Quaternary alluvial deposits in close proximity to the project site. Therefore, it can be assumed that the upper 5 feet of the sediments underlying the project site should be assigned a low paleontological resource sensitivity and any deposits discovered at greater than 5 feet of depth below grade be assigned a high paleontological resource sensitivity. Therefore, impacts would potentially be significant to paleontological resources during construction of the project.

Mitigation Measures:

To avoid or substantially reduce potential adverse effects on a unique paleontological resource, site or geologic feature, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP:

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MM GEO-14: Paleontological Monitoring.

A qualified paleontologist shall be retained prior to earthmoving activities associated with sediment greater than 5 feet below grade within the Project Site, in order to develop a site-specific Paleontological Resource Mitigation and Treatment Plan. The plan shall specify the levels and types of mitigation efforts based on the types and depths of earthmoving activities and the geologic and paleontological sensitivity of the Project Site. If artificial fill, significantly disturbed deposits, or younger deposits too recent to contain paleontological resources are encountered during construction, the Project paleontologist may reduce or curtail monitoring in the affected areas, after consultation with the proponent and the City. The plan shall also include a description of the professional qualifications required of key staff,
communication protocols to be followed during construction, fossil-recovery protocols, sampling protocols for microfossils (if required), laboratory procedures, reporting requirements, and curation provisions for any collected fossil specimens.

Furthermore, a paleontological monitor should be on-site at all times during the original cutting of previously undisturbed deposits of high paleontological resource potential to inspect exposures for contained fossils. The paleontological monitor will work under the direction of a qualified professional paleontologist. If paleontological resources are discovered during construction, the monitor will have the authority to temporarily divert or direct ground-disturbing activities in the immediate vicinity around the find until they are assessed for scientific significance and recovered (i.e., collected).

Finding:

Pursuant to Section 21081(a) of the Public Resources Code a nd Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for the significant effects relating to paleontological resources described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measure GEO-14, as recommended in the Final EIR, which has been adopted by the City and is enforceable through the MMRP and project conditions of approval.

Facts in Support of Finding:

In order to reduce impacts to paleontological resour ces encountered at depth on the project site, Mitigation Measure GEO-14 requires all sediment greater than 5 feet below grade be monitored by a qualified paleontological monitor. Implementation of these measures would mitigate impacts to less than significant.

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NOISE

Substantial Increases in Ambient Noise Levels Exceeding Established Standards

As analyzed in the Final EIR, the project will generate short -term construction noise and long- term increases in traffic noise and operational noise. The increases in noise would be significant if noise generated by stationary equipment (non -transportation) results in a nuisance at noise sensitive receptors based on stationary noise limits of the City’s Municipal Code or if new noise sensitive uses would be located in a noise environment that exceeds the state’s noise compatibility guidelines. Similar to st ate guidelines, the City requires new residential development to achieve an interior noise environment of 45 dBA CNEL or exterior noise levels at single family residential noise sensitive areas to 65 dBA CNEL.

Based on local noise criteria established in the City’s General Plan, the following would be considered significant: An increase of 3 dBA or greater in traffic noise levels that occur from project-related activities if the resulting noise levels exceeded the Noise Compatibility Matrix for “acceptable” exterior noise levels; or an increase of 3 to 5 dBA in traffic noise levels that occur from project-related activities if the resulting noise levels are above the “acceptable” thresholds established by the state and City. Any i ncreases in traffic noise g reater than 5 dBA would be considered to be significant.

Based on local noise criteria established by the City, c onstruction activities occurring outside the normal business hours of 7:00 AM and 7:00 PM, except Sundays and holidays is considered significant. The City does not specify a numerical noise level limit applicable to construction activities; however, the FEIR used the FTA’s Transit Noise and Vibration Impact Assessment manual as a screening tool to assess the potential impacts related to construction noise. Impacts related to construction would be considered significant if noise levels exceed 80 dBA Leq at off - site residential uses , even if those noise increases occurred during the permitted hours of construction activity.

The analysis of off-site construction traffic noise impacts focuses on areas by: (1) identifying major roadways that may be used for construction worker commute routes or truck haul routes; (2) generally identifying the nature and location of noise -sensitive receptors along those routes; and (3) evaluating the traffic characteristics along those routes, specifically as related to existing traffic volumes. The project will generate operational noise levels from traffic and vibrational sources.

Mitigation Measures:

To mitigate potential project specific and cumulative effects relating to noise, and to further minimize any noise increases for existing residents in the project vicinity, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP:

MM NOI-1: The project applicant shall require that the following construction best management practices (BMPs) be implemented by contractors to reduce construction noise levels below the City’s established thresholds:
• Construction equipment shall be equipped with exhaust muffler systems consistent with FHWA guidance.

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• All equipment shall be properly maintained in accordance with manufacturers’ specifications to assure that no additional noise due to worn or improperly maintained parts is generated consistent with FHWA guidance.
• Construction equipment shall have features that dampen metal surfaces and minimize metal- to-metal contact consistent with FHWA guidance.
• When construction operations occur adjacent to off -site occupied residential areas, construction equipment staging areas and stationary noise sources shall be located as far from those nearby receptors as possible, prohibit idling equipment, notify adjacent residences in advance of construction work, and install temporary acoustic barriers or noise blankets around stationary construction noise sources. These barriers shall be made featuring weather - protected, sound -absorptive material on the construction- activity side of the noise barrier and must be installed in a location that completely blocks line -of-sight between the construction noise source and adjacent sensitive receptors.
• Stationary construction equipment, such as pumps, generators, or compressors, must be placed as far from noise sensitive uses as feasible during all phases of project construction.
• Use electric air compressors and similar power tools rather than diesel equipment, where feasible.
• Construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, must be turned off when not in use for more than 30 minutes.
• Construction hours, allowable workdays, and the phone number of the job superintendent must be clearly posted at all construction entrances to allow for surrounding owners and resi dents to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent must investigate, take appropriate corrective action, and report the action taken to the reporting party.

Contract specifications must b e included in the proposed project construction documents, which must be reviewed by the City prior to issuance of grading permits.

Finding:

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects relating to noise described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measure NOI-1, as recommended in the Final EIR, which has been adopted by the City and is enforceable through the MMRP and project conditions of approval.

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Facts in Support of Finding:

Construction

Construction within the Specific Plan would occur over 96 months beginning March 2024 through March 2032. Following completion of mass grading, construction of the proposed residential development would occur in clusters of 14 to 20 residential units on approximately 3 acres.

Construction activities would include the following: (1) Mass Grading/Off site Street Improvements; (2) Precise Grading; (3) Construction of Homes; (4) On -site Paving; and (5) Finishings (Paint, Landscaping, etc.). On-site construction activities typically generate noise from the operation of a variety of equipment types.

An inventory of construction equipment, including the number and types of equipment, which would be operating simultaneously within the Specific Plan a reas, was identified for each phase/component of construction, and shown in DEIR Table 5.10- 5: Anticipated Construction Equipment by Phase.

As shown in DEIR Table 5.10-6: Forecasted Noise Impacts Associated with On-site Construction Activities, average noise levels at the property boundary during construction would range between

68.0 dBA Leq- 1hour at the scattered residential area along Jefferson Street between Avenue 38 and Avenue 39 to the west during the finishing phase to 78.7 dBA Leq- 1hour at the res idential community across Madison Street to the east during closest portion of the mass grading phase.

Noise from construction would not exceed the significance criteria of 80 dBA Leq at any of the noise sensitive uses located around the project site.

City of Indio’s General Plan Policy NE -3.4 requires development to minimize the exposure of neighboring properties to excessive noise levels from construction- related activity during all phases of construction. Consistent with this policy Mitigation Measure M M NOI-1 requires the use of optimal muffler systems on all equipment which would achieve a reduction of 10 dBA or more. Additionally, Mitigation Measure MM NOI-1 would also require the following: (1) ensure all construction equipment is properly maintained such that no additional noise due to worn or improperly maintained parts is generated; and (2) ensure all construction equipment incorporates features that dampen metal surfaces and minimize metal -to metal contact such that a noise reduction of up to 5 dBA is achieved. These combined measures would reduce construction noise levels by a minimum of 15 dBA. Mitigation Measure MM NOI -1 would also result in additional reductions that have conservatively not been quantified for the purposes of this analysis.

Specifically, MM NOI -1 would also require the following: (1) implement appropriate noise reduction measures when construction operations occur adjacent to off -site occupied residential areas; (2) locate staging areas on-site to maximize the distance between staging areas and off-site occupied residential uses; (3) implement feasible noise attenuation measures around stationary construction noise sources; and (4) use electric air compressors and similar power tools when feasible. These measures would be consistent with Policy NE-3.4 to further minimize exposure of construction noise to neighboring properties. Impacts related to on- site construction noise would be less than significant.

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Off-site construction noise, has been forecasted using the FHWA TNM and is based on forecasted haul truck activity as well as the delivery of building materials, including concrete. The FHWA TNM was used to calculate the hourly Leq noise levels generated by construction- related trucks.

Noise impacts were determined by comparing t he predicted noise level with that of the existing ambient noise levels along the anticipated truck travel routes. As shown in DEIR Table 5.10-2, the existing roadway noise levels along Jefferson Street between Avenue 38 and Avenue 40 was 65.2 dBA CNEL (In tersection 4) and along Avenue 40 between Madison Street and Jefferson Street ranged from 61.6 dBA CNEL to 62.9 dBA CNEL. The noise level increases from truck trips would be below the significance threshold of 5 dBA increase above ambient. Thus, proposed project noise impacts attributable to off-site construction truck travel would be less than significant.

Operation of the project. Traffic noise levels were modeled using the FHWA TNM. The FHWA TNM calculates noise associated with a specific line source and the results characterize noise generated by motor vehicle travel along a specific roadway segment. The traffic noise impact analysis is based on the 24-hour CNEL noise descriptor and incorporates traffic volumes, vehicle mix, posted speed limits, roadway geometry, and site conditions. Future conditions take into account the roadway networks consistent with the 2020 Southern California Association of Governments (SCAG) Regional Transportation Plan and Sustainable Communities Strategy (RTP/SCS). Noise impac ts due to off -site motor vehicle travel were analyzed by comparing the projected increase in traffic noise levels from without project conditions to with project conditions to the applicable significance criteria. Future conditions include traffic volumes from future ambient growth, related projects, and Proposed project. To estimate noise level increase and impacts due to operation of the project, noise level increases were calculated from the traffic volumes provided in the Transportation Study (refer to F EIR, Appendix K). The difference in traffic noise between existing conditions and existing plus project conditions represents the increase in noise attributable to project- related traffic. As shown in DEIR Table 5.10-7, project- related traffic would not cause noise levels along the analyzed roadways to increase by more than

3.0 dBA. The maximum noise level increase along existing roadways would be 1.6 dBA along Madison Street south of Sun City Boulevard (Intersection 2). Consequently, traffic noise levels would not increase by 3 dBA or greater and noise impacts under the Near-Term (Year 2030) plus project scenario would be less than significant.

The majority of the project ’s operational -related vibration sources, such as mechanical and electrical equipment, would incorporate vibration attenuation mounts, as required by the particular equipment specifications. Therefore, operation of the project would not increase the existing vibration levels in the immediate vicinity of the project and, as such, vibration impacts associated with the project would be minimal. Therefore, the ground borne vibration analysis is limited to project-related construction activities.

The project would introduce various stationary noise sources, including HVAC systems, which would be located either on the roof, the side of a structure, or on the ground. Off -site and on-site sensitive receptors could be potentially affected by the introduction of such equipment. The use of such equipment would not generate noise levels that would substantially elevate the ambient noise environment and would not generate substantial noise at nearby noise-sensitive receptors. Impacts would be less than significant.

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Future residents located on the project site, as well as nearby sensitive receptors, may experience increases in noise due to an increase in human activity within the area either from people living on the premises, utilizing the on-site amenities including common areas, and the outdoor recreational and open space areas. Potential sources of noise include people talking, doors slamming, stereos, and other noise associated with human activity. These noise sources are not unique and generally contribute to ambient noise levels experienced in all land use areas. Overall, the noise generated by the project’s land uses would be consistent with the noise levels in the project site and impacts would be less than significant.

TRIBAL CULTURAL RESOURCES

Impacts to Significant Tribal Cultural Resources

The proposed project could have a potentially significant impact on Tribal Cultural Resources within or near the project site. In particular, based on the literature review (i.e., cultural resource records s earch, paleontological records search, and archival research), one prehistoric archaeological site (CA-RIV-8908) consisting of an artifact scatter has been previously recorded within the current project boundaries. Another 32 cultural resources had been recorded in the surrounding records-search area, which included the project site and a 1-mile radius around it. The prehistoric resources largely consisted of artifact scatters or habitation areas; 1 prehistoric site also includes elements of a rock alignment and a trail segment. At least 2 of the prehistoric sites (CA - RIV-6896 and CA-RIV-12669) contained human cremations, and 1 site (CA-RIV-5492) contains burned bone loci. The buried- site-sensitivity model (BSSM) for the project site revealed that the entire site is sensitive for buried archaeological resources.

The archaeological field survey of the project site identified 11 new sites and 30 isolated resources.

Of the 11 identified sites, SRI -15 is the only site to be recommended for listing to the CRHR.

Based on soil-series descriptions, the sensitive soils are approximately 5 feet in thickness and have potential to contain buried archaeological resources to their bases. However, it cannot be ruled out that early prehistoric sites could be present at greater depths in unknown buried soils. As for paleontological resources, based on the paleontological sensitivity study, it can be assumed that the upper 5 feet of the sediments underlying the project site should be assigned low paleontological resource sensitivity, due to past agricultural activities within the project site, and any deposits discovered at greater than 5 feet in depth below grade should be assigned high paleontological resource sensitivity.

Construction of the project would involve ground-disturbing activities such as grading and surface excavation, with the potential to unearth or adversely impact other known or previously unidentified tribal cultural resources. These are considered significant adverse impacts.

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Mitigation Measures:

To mitigate potential project specific and cumulative effects relating to Tribal Cultural Resources, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP:

MM CUL-1: SRI 15 Data Recovery. Prior to the implementation of mass grading, clearing, or grubbing, given the subsurface component of SRI 15 and the potential for human remains, consultation with Tribal entities concerning the site should occur so that appropriate measures are taken to adequately and respectfully mitigate any adverse effects that the development may have on the site.

Because implementation of the project as proposed would significantly impact the site, including the planned development of the SRI -15 area, avoidance of the SRI 15 site is not feasible.

Therefore, an archaeological data recovery plan shall be drafted and implemented for the site in a manner consistent with established professional archaeological standards and in consultation with the Agua Caliente, Morongo, and Cabazon Tribes. Data recovery efforts will be led by a qualified principal archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for Archeology and monitored by tribal representatives. This archaeological data recovery plan will include the professional qualifications required of key staff and detail excavation methods as well as methods used to ana lyze recovered artifacts and samples.

Implementation of the data recovery plan will reduce to an insignificant level potential project effects on SRI 15.

MM CUL-2: Archaeological Monitoring. Prior to the start of project ground disturbance, including de molition and vegetation removal, a qualified principal archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for Archeology, shall be retained to prepare and implement a written Cultural Resource Monitoring and Treatment Plan (CRMTP) that is
consistent with established professional archaeological standards and subject to the approval of the City. Implementation of the CRMTP will reduce to an insignificant level potential project effects on known archaeological resources as well as on unanticipated archaeological resources that may be unearthed during construction, which would include potential prehistoric and historical -period discoveries. The CRMTP shall detail the pertinent historic context and anticipated research themes within which cultural resources in the project site can be treated and evaluated. The plan shall include the professional qualifications required of key staff, monitoring protocols relative to the varying archaeological sensitivity across the

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project s ite, provisions for evaluating and treating unanticipated cultural materials discovered during ground- disturbing activities, situations under which monitoring may be reduced or discontinued, and reporting requirements. The CRMTP shall include detailed methods to be taken during stop work situations, assessment of preservation in place or recovery of potential cultural deposits, and the process for evaluating resources for CRHR eligibility. The CRMTP shall also include a section describing the protocol in the event that unanticipated human remains are discovered during project construction.

MM CUL-3: Human Remains . If human remains are identified during construction, all construction activities near the remains must cease immediately, and the area must be secured. The Riverside County Coroner’s Office must be contacted immediately, in accordance with the California Health and Safety Code (HSC) Section 7050.5(b). If the determination is made by the coroner that the remains are those of a Native American, HS C 7050.5(c) requires that the coroner contact the Native American Heritage Commission (NAHC) by telephone within 24 hours. The NAHC will then select a Most Likely Descendant and will coordinate with that individual regarding the treatment and final disposi tion (repatriation) of the human remains, according to the provisions of PRC 5097.98 and any other legal/regulatory requirements. Any encountered human remains will be treated with the proper dignity and respect.

Finding:

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects relating to Tribal Cultural Resources described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measures CUL-1 through CUL-3, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the MMRP, and project conditions of approval.

Facts in Support of Finding:

The City initiated and completed Tribal consultation as required under SB 18 and AB 52. Three tribes, the Agua Caliente Band of Cahuilla Indians (ACBCI), Cabazon Band of Mission Indians, and Morongo Band of Mission Indians, responded that the pr oject site is within their ancestral territory:

The ACBCA Tribal Historic Preservation Office (THPO) requested the following: a copy of the records search with associated survey reports and site records from the information center; copies

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of any cultural resource documentation (report and site records) generated in connection with the project; and, the presence of an approved ACBCI Native American Cultural Resource Monitor(s) during any ground disturbing activities (including archaeological testing and surveys), with the ability to halt destructive construction activities should buried cultural deposits be encountered. In such a case, the monitor would notify a Qualified Archaeologist (per the Secretary of the Interior’s Standards and Guidelines) to investigate the material and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Office and the ACBCI. Upon request, consultation was conducted between June 1, 2022 and August 15, 2022. On August 15, 2022, ACBCI attended a meeting within the project site and it was agreed that an ACBCI monitor would be present to observe the stockpile from the CVWD flood control project, given the sensitive nature of the original location of the sediment.

Consultation with the Cabazon Band of Mission Indians occurred between May 4, 2022 and August 15, 2022. The Cabazon Band of Mission Indians asked to be informed of any discoveries and any time that activities are conducted on -site. Additionally, the Cultural Resources Coordinator asked to be present on the first day of fieldwork. The Cabazon Band of Mission Indians was notified on the potential discover of cremated human remains at the site, the agreement to place a substantial amount of material from a nearby CVWD project within the project site.

Consultation with the Morongo Band of Mission Indians THPO occurred between May 11, 2022 and August 15, 2022. The Band requested the following: a records search to be conducted at the appropriate CHRIS center with at least a 1.0 -mile search radius from the project boundary, with copies of the cultural resource documentation (reports and site records) generated through that search given to the Tribe so that these may be compared against the ACBCI records in order to begin productive consultation; Tribal participation during the pedestrian survey and testing, with a copy of the current Phase I study or other cultural assessments (including the cultural resource inventory) furnished to the Morongo Band of Mission Indians; shape files of the project site; a geotechnical report; and the currently proposed project design and mass grading maps.

Both the Morongo Band of Mission Indians and the ACBCI requested to have monitors on-site to concurrently monitor the survey and testing efforts as well as further ground disturbance. On August 4, 2022, SRI notified the Morongo Band of Mission Indians of the potential discovery of cremated human remains at a site discovered during the survey. The Morongo Band of Mission Indians was notified on the potential discover of cremated human remains at the site, the agreement to place a substantial amount of material from a nearby CVWD project within the project site.

Impacts to the identified sites and sensitive soils during project construction and operation would be potentially significant. Mi tigation Measures (MM) CUL -1 through MM CUL -3 would be implemented to reduce the significance of project impacts to less than significant. Prior to ground disturbing activities, MM CUL-1 would require consultation with Tribal entities concerning SRI- 15, so that appropriate measures are taken to adequately and respectfully mitigate any adverse effects that the development may have on the site. Should previously undiscovered archaeological resources be encountered during subsurface excavation activities, implementation of MM CUL-2 requires all activities near the discovery to cease, and a qualified archaeologist should be brought in to examine the discovery. Likewise, MM CUL-3 would ensure compliance with applicable legal requirements, including notification of NAHC and a Most Likely Descendent where appropriate,

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in the event human remains are discovered during grading activities. Finally, MM GEO-13 would require all sediment greater than 5 feet (1.5 m) below grade be monitored by a qualified paleontological monitor. With implementation of MM CUL-1 through MM CUL-3 and GEO-13, impacts will be less than significant.

Impacts to a Listed Significant Resource

According to the Native American Heritage Commission (NAHC) Sacred Lands Inventory search, the project site has not been cataloged as a Native American sacred or cultural place of special religious or social significance, and the NAHC does not have knowledge of Native American cultural resources (e.g., traditional use or gathering area, place of religious or sacred activity, etc.) at and within the immediate vicinity of the project site. Separate from the consultation with the NAHC, 18 individuals representing 12 Native American tribal groups in southern California were also contacted for local knowledge of tribal cultural resources on September 6, 2022. Three of the 12 tribes — the Agua Caliente Band of Cahuilla Indians (ACBCI), Cabazon Band of Mission Indians, and Morongo Band of Mission Indians, responded that the project aite is within their ancestral territory. Both the Morongo Band of Mission Indians and the ACBCI requested to have monitors on-site to concurrently monitor the survey and testing efforts as well as further ground disturbance. The Cabazon Band of Mission Indians did not have monitoring special ists on staff, but also requested that monitors be present during the on-site survey.

In addition, in accordance with the requirements of AB 52 and SB 1, the City notified tribal representatives of the opportunity to consult with the City regarding the potential for the project site to contain TCRs that might be affected by the project. The ACBCI requested formal consultation. After the on- site survey was conducted, the City provided the Cultural Resources Study to the ACBCI, Cabazon Band of Mission Indians, and Morongo Band of Mission Indians for review

Mitigation Measures:

To mitigate potential project specific and cumulative effects relating to Tribal Cultural Resources, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP:

MM CUL-1: SRI 15 Data Recovery. Prior to the implementation of mass grading, clearing, or grubbing, given the subsurface component of SRI 15 and the potential for human remains, consultation with Tribal entities con cerning the site should occur so that appropriate measures are taken to adequately and respectfully mitigate any adverse effects that the development may have on the site.

Because implementation of the project as proposed would significantly impact the site, including the planned development of the SRI -15 area, avoidance of the SRI 15 site is not feasible.

Therefore, an archaeological data recovery plan shall be drafted and implemented for the site in a manner consistent with established

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professional archaeological standards and in consultation with the Agua Caliente, Morongo, and Cabazon Tribes. Data recovery efforts will be led by a qualified principal archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for Archeology and monitored by tribal representatives. This archaeological data recovery plan will include the professional qualifications required of key staff and detail excavation methods as well as methods used to ana lyze recovered artifacts and samples.

Implementation of the data recovery plan will reduce to an insignificant level potential project effects on SRI 15.

MM CUL-2: Archaeological Monitoring. Prior to the start of project ground disturbance, including de molition and vegetation removal, a qualified principal archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for Archeology, shall be retained to prepare and implement a written Cultural Resource Monitoring and Treatment Plan (CRMTP) that is
consistent with established professional archaeological standards and subject to the approval of the City. Implementation of the CRMTP will reduce to an insignificant level potential project effects on known archaeological resources as well as on unanticipated archaeological resources that may be unearthed during construction, which would include potential prehistoric and historical -period discoveries. The CRMTP shall detail the pertinent historic context and anticipated research themes within which cultural resources in the project site can be treated and evaluated. The plan shall include the professional qualifications required of key staff, monitoring protocols relative to the varying archaeological sensitivity across the project site, provisions for evaluating and treating unanticipated cultural materials discovered during ground- disturbing activities, situations under which monitoring may be reduced or discontinued, and reporting requirements. The CRMTP shall include detailed methods to be taken during stop work situations, assessment of preservation in place or recovery of potential cultural deposits, and the process for evaluating resource s for CRHR eligibility. The CRMTP shall also include a section describing the protocol in the event that unanticipated human remains are discovered during project construction.

MM CUL-3: Human Remains . If human remains are identified during construction, all construction activities near the remains must cease immediately, and the area must be secured. The Riverside County Coroner’s Office must be contacted immediately, in accordance with the California Health and Safety Code (HSC) Section 7050.5(b). If the determination is made by the coroner that the remains are those of a Native American, HSC 7050.5(c) requires