Agenda — Indio City Council, December 6, 2023 (part 11 of 18)

Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1425 of 3061 1969 Indio & Coachella, CA - Luskey Brothers & Co.

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1426 of 3061 Research Summary for City Directory Abstract
Site Location
Prospective Development
NE Corner of Jackson Street at Avenue 42
Indio, CA
Conducted For
GeoEngineers, Inc.
5820 S Kelly Ave
Portland, OR
HIG has produced a city directory abstract for one or more streets associated with the site location indicated above. The publications used to create the CD Abstract are listed below.

The information below is taken directly from the city directory books. The following are definitions as they are found in the Haines books:

XXXX = is no phone, no people or non-published phone.
600 XXXX = Correct address only. No other information.

X Streetname = intersecting cross street
Publication year, publisher and title
2018 Haines Palm Springs-Low Desert
2011 Haines Palm Springs-Low Desert
2005 Haines Palm Springs-Low Desert Area
2001 Haines Palm Springs-Low Desert Area
1996 Haines Riverside County
1991 Haines Riverside County
1986 Haines Riverside County
1981 Haines Riverside - San Bernardino
1976 Haines Riverside - San Bernardino
HIG Project #
2070648
Client Project #
26481-001-00
Date Created
11/23/2022
Historical Information Gatherers • www.historicalinfo.com • 952-253-2004 • Page 1 of 11

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1427 of 3061 Abstract Section 1- This section includes the city directory data sorted by address. 41630 Jackson Street
2018 MCGUIRE Christopher
2005 LIMON Mancela
1986 GALINDO G
1986 GALINDO W
1981 HOYER ROBT E
1976 HOYER ROBT E
41632 Jackson Street
2018 XXXX
2011 XXXX
2005 ROSALES Jose
1986 HOLMES KENNETH
1981 CARSON HAROLD E
1976 CARSON HAROLD E
41634 Jackson Street
2018 QUIROZ Lucia
2011 XXXX
2005 GARCIA Tito
2001 XXXX
1996 XXXX
1991 BESWICK Joan
1986 MCDANIEL MICHAEL
1981 TEGARDEN R E
1976 TEGARDEN R E
41636 Jackson Street
2018 TORRES Alma
2011 PABLANO Melecio
1991 WHEELER Chas
1991 WHEELER Sandy
1981 SAMONS KERMIT
1976 SAMONS KERMIT
41648 Jackson Street
2018 GONZLEZ Jesus
2011 GONZALEZ Maria
2005 GONZALEZ Maria
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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1428 of 3061 2001 EVERSULL Cassiciy
1996 XXXX
1991 XXXX
1986 NINE TOM
1981 XXXX
1976 XXXX
41650 Jackson Street
2018 VALK Matt
1996 XXXX
1991 XXXX
1986 ESCOBEDO ART
1981 MCCUNE IRENE M
1976 JUSTICE D L
41700 Jackson Street
2018 ASPHALT MDS
2018 BUTLER Gary
2018 TOY BOX ENTERPRISES
2011 ASPHALT MDS
2011 TOY BOX ENTERPRISES
2011 VIP EXTREME
2005 ASPHALT MDS
2005 BUTLER Gary
2005 TOY BOX ENTERPRISES
2001 DESERT CLASSIC RV LLC
2001 RV INDIO
2001 RV SHOWCASE PRODUCTIONS INC
1996 XXXX
1991 AUBADE INC
1981 SOUTHERN CAL GAS CO
1976 SOUTHERN CAL GAS CO
41850 Jackson Street
2018 AUTOZONE
41910 Jackson Street
2018 AMPM
2018 ARCO
42004 Jackson Street
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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1429 of 3061 1981 XXXX
1976 KEOSEYAN SAM
42100 Jackson Street
2018 HOME SERV AT THE HME DEPOT
2018 THE HOME DEPOT
2011 HOME DEPOT INC STORE 6874
42150 Jackson Street
2018 BUILDING
2018 CVS/PHARMACY
2018 DHOP RESTAURANT
2018 RAMONA TIRE
2018 FARMERS INS - DANITEL HARRIS
2018 NEW EVOLUTION WIRELESS
2018 SHEAR IMAGE BTY BAND BRBR SHP
2018 CJ'S STIR IT UP
2018 HARIS INSURANCE AGENCY
2011 FLETCHER'S TIRE AND ATO SERV
1981 XXXX
42225 Jackson Street
2018 BUILDING
2018 GOWIRELESS-V ATHRZD RTLR
2018 DOLLAR TREE STORE 4209
2018 CARTER'S
2018 BIG LOTS
2018 DUNKIN DONUTS
2018 HIBBETT SPORTS
2018 PAYLESS SUPERSTORE 2929
2018 ROSS DRESS FOR LESS
2011 BIG LOTS
2011 DOLLAR TREE STORE 4209
2011 ROSS DRESS FOR LESS
42240 Jackson Street
1986 ESPARZA FELIPE
1981 ESPARAZA FELIPE
42250 Jackson Street
2018 APARTMENTS
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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1430 of 3061 2018 US BANK BRANCH
2018 YOUR PIE
2018 LA CASITA
2018 WABA GRILL INDIO
2018 BUGINA TOR PEST CONTROL
2018 POSTAL ANNEX
2018 FASSY NAILS
2018 STARBUCKS
2018 SUBWAY
2018 YOGURTLAND
2011 BUILDING
2011 CA BALLET OPERA
2011 JC'S PIZZERIA
2011 REGENCY CENTERS
2011 SUBWAY SANDWICHES
2011 US BANK
1986 CONTRERAS BEATRICE
1981 CONTRERAS E
1976 CONTRERAS E
42400 Jackson Street
1991 XXXX
42425 Jackson Street
2018 BUILDING
2018 CHASE BANK
2018 AFFORDABLE COMPUTER REPAIR
2018 OELATORRE Juan
2018 ALLSTATE INSURANCE JAMES MUNOZ
2018 HAPPINESS NAILS
2018 LOS PABLO'S TAQUERIA
2018 AT & T STORE
2018 FREEDOM BARBER SHOP
2018 GNC
2018 HIP SNIPS
2018 MARSHALLS
2018 MORSE R
2018 SALLY BEAUTY SUPPLY
2011 AT & T
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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1431 of 3061 2011 GNC
2011 HAPPINESS NAILS
2011 HIP SNIPS
2011 MARSHALLS
42500 Jackson Street
2018 BABIES R US
2018 TOYS R US
2018 WINCO FOODS
1991 XXXX
1986 XXXX
1981 XXXX
1976 HERNANDEZ MANUEL P
42550 Jackson Street
2018 JACK IN THE BOX
2018 MCDONALD'S
2018 PANDA EXPRESS
2011 MCDONALD'S
2011 PANDA EXPRESS
42600 Jackson Street
2018 DIRECT SAT TV
2018 WINCO FOODS
42625 Jackson Street
2018 CVS/PHARMACY
2011 STARBUCKS COFFEE
42700 Jackson Street
2018 PETCO
2011 PETCO
42750 Jackson Street
2018 KFC
2018 TACO BELL
2011 KFC
2011 TACO BELL 024304
42800 Jackson Street
2018 PARTY CITY
2011 INDIO JACKSON LLC
42900 Jackson Street
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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1432 of 3061 2018 PARISH Amber
2011 XXXX
Abstract Section 2: This section includes the city directory data sorted by the year the city directory was published.
2018
41630 MCGUIRE Christopher
41632 XXXX
41634 QUIROZ Lucia
41636 TORRES Alma
41648 GONZLEZ Jesus
41650 VALK Matt
41700 ASPHALT MDS
41700 BUTLER Gary
41700 TOY BOX ENTERPRISES
41850 AUTOZONE
41910 AMPM
41910 ARCO
42100 HOME SERV AT THE HME DEPOT
42100 THE HOME DEPOT
42150 BUILDING
42150 #A CVS/PHARMACY
42150 #D DHOP RESTAURANT
42150 #F RAMONA TIRE
42150 #B101 FARMERS INS - DANITEL HARRIS
42150 #B102 NEW EVOLUTION WIRELESS
42150 #E105 SHEAR IMAGE BTY BAND BRBR SHP
42150 CJ'S STIR IT UP
42150 HARIS INSURANCE AGENCY
42225 BUILDING
42225 #H GOWIRELESS-V ATHRZD RTLR
42225 #A101 DOLLAR TREE STORE 4209
42225 #C102 CARTER'S
42225 BIG LOTS
42225 DUNKIN DONUTS
42225 HIBBETT SPORTS
42225 PAYLESS SUPERSTORE 2929
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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1433 of 3061 42225 ROSS DRESS FOR LESS
42250 APARTMENTS
42250 #E US BANK BRANCH
42250 #B105 YOUR PIE
42250 #B107 LA CASITA
42250 #C101 WABA GRILL INDIO
42250 #C103 BUGINA TOR PEST CONTROL
42250 #C103 POSTAL ANNEX
42250 #C104 FASSY NAILS
42250 STARBUCKS
42250 SUBWAY
42250 YOGURTLAND
42425 BUILDING
42425 #E CHASE BANK
42425 #B103 AFFORDABLE COMPUTER REPAIR
42425 #C101 OELATORRE Juan
42425 #C104 ALLSTATE INSURANCE JAMES MUNOZ
42425 #C106 HAPPINESS NAILS
42425 #C113 LOS PABLO'S TAQUERIA
42425 AT & T STORE
42425 FREEDOM BARBER SHOP
42425 GNC
42425 HIP SNIPS
42425 MARSHALLS
42425 MORSE R
42425 SALLY BEAUTY SUPPLY
42500 BABIES R US
42500 TOYS R US
42500 WINCO FOODS
42550 JACK IN THE BOX
42550 MCDONALD'S
42550 PANDA EXPRESS
42600 DIRECT SAT TV
42600 WINCO FOODS
42625 CVS/PHARMACY
42700 PETCO
42750 #A KFC
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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1434 of 3061 42750 #B TACO BELL
42800 PARTY CITY
42900 PARISH Amber
2011
41632 XXXX
41634 XXXX
41636 PABLANO Melecio
41648 GONZALEZ Maria
41700 ASPHALT MDS
41700 TOY BOX ENTERPRISES
41700 VIP EXTREME
42100 HOME DEPOT INC STORE 6874
42150 #F FLETCHER'S TIRE AND ATO SERV
42225 BIG LOTS
42225 #A DOLLAR TREE STORE 4209
42225 ROSS DRESS FOR LESS
42250 BUILDING
42250 #B105 CA BALLET OPERA
42250 JC'S PIZZERIA
42250 REGENCY CENTERS
42250 SUBWAY SANDWICHES
42250 #E US BANK
42425 AT & T
42425 GNC
42425 #C106 HAPPINESS NAILS
42425 HIP SNIPS
42425 MARSHALLS
42550 MCDONALD'S
42550 PANDA EXPRESS
42625 STARBUCKS COFFEE
42700 PETCO
42750 #A KFC
42750 TACO BELL 024304
42800 INDIO JACKSON LLC
42900 XXXX
2005
41630 LIMON Mancela
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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1435 of 3061 41632 ROSALES Jose
41634 GARCIA Tito
41648 GONZALEZ Maria
41700 ASPHALT MDS
41700 BUTLER Gary
41700 TOY BOX ENTERPRISES
2001
41634 XXXX
41648 EVERSULL Cassiciy
41700 DESERT CLASSIC RV LLC
41700 RV INDIO
41700 RV SHOWCASE PRODUCTIONS INC
1996
41634 XXXX
41648 XXXX
41650 XXXX
41700 XXXX
1991
41634 BESWICK Joan
41636 WHEELER Chas
41636 WHEELER Sandy
41648 XXXX
41650 XXXX
41700 AUBADE INC
42400 XXXX
42500 XXXX
1986
41630 GALINDO G
41630 GALINDO W
41632 HOLMES KENNETH
41634 MCDANIEL MICHAEL
41648 NINE TOM
41650 ESCOBEDO ART
42240 ESPARZA FELIPE
42250 CONTRERAS BEATRICE
42500 XXXX
1981
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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1436 of 3061 41630 HOYER ROBT E
41632 CARSON HAROLD E
41634 TEGARDEN R E
41636 SAMONS KERMIT
41648 XXXX
41650 MCCUNE IRENE M
41700 SOUTHERN CAL GAS CO
42004 XXXX
42150 XXXX
42240 ESPARAZA FELIPE
42250 CONTRERAS E
42500 XXXX
1976
41630 HOYER ROBT E
41632 CARSON HAROLD E
41634 TEGARDEN R E
41636 SAMONS KERMIT
41648 XXXX
41650 JUSTICE D L
41700 SOUTHERN CAL GAS CO
42004 KEOSEYAN SAM
42250 CONTRERAS E
42500 HERNANDEZ MANUEL P
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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1437 of 3061 1969 Indio & Coachella, CA - Luskey Brothers & Co.

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1438 of 3061 Fire Insurance Maps No Coverage Statement
Site Location
Prospective Development
NE Corner of Jackson Street at Avenue 42
Indio, CA
Requested by
GeoEngineers, Inc.
5820 S Kelly Ave
Portland, OR
FIM+ Maps
The HIG Historical Map Collection and the United States Library of Congress Map Collection were searched for fire insurance maps (FIMs), real estate atlases and similar maps for the site location and adjoining properties. No FIMs or similar maps were identified for the site location and/or adjoining properties.

HIG Project #
2070648
Client Project #
26481-001-00
Date Created
11/22/2022
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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1439 of 3061 1500 Quail Street, 3rd Floor
Newport Beach, CA 92660
Phone: (714) 289-3300
CLTA Preliminary Title Report
lPrelm (DSI Rev. 8/15/16) Page 1 Order No.: 00581114-988-CIO-DN1 Issuing Policies of Chicago Title Insurance Company
ORDER NO.: 00581114-988-DN1
Frontier Real Estate Investments LLC
31791 Los Rios Street
San Juan Capistrano, CA 92675
ATTN: Michael W. Burnett
Email: [email protected]
Reference No.: Parcels 1&4,PM 35639
Escrow/Customer Phone: (714) 289-3300
Title Officer: David Noble
Title Officer Phone: (714) 289-3379
Title Officer Fax: (949) 809-0676
Title Officer Email: [email protected]
PROPERTY: APNS: 692-670-001, 004, 011, 014 & 017 (Parcel 1 Parcel Map No. 35639 & Parcel B of LLA 2020-01) ), Indio, CA 92203

AMENDED PRELIMINARY REPORT
In response to the application for a policy of title insurance referenced herein, Ticor Title Company of California hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms.

The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner’s Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One.

Copies of the policy forms should be read. They are available from the office which issued this report.

This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.

The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Florida Corporation.

Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered.

It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land.

Countersigned:

By:

Authorized Signature

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1440 of 3061 1500 Quail Street, 3rd Floor
Newport Beach, CA 92660
Phone: (714) 289-3300
CLTA Preliminary Title Report
lPrelm (DSI Rev. 8/15/16) Page 2 Order No.: 00581114-988-CIO-DN1

AMENDED PRELIMINARY REPORT
EFFECTIVE DATE: September 14, 2022 at 7:30 a.m., Amended: September 21, 2022, Amendment No. 3
ORDER NO.: 00581114-988-DN1
The form of policy or policies of title insurance contemplated by this report is:

CLTA Standard Coverage Policy

1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS:

A Fee as to Parcels A1 and B1; an easement as to Parcels A2, A3, A4, A5, B2, B3, and B4

2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:

CAN DO LLC, a California limited liability company

3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:

See Exhibit A attached hereto and made a part hereof.

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1441 of 3061 PRELIMINARY REPORT Ticor Title Company of California
YOUR REFERENCE: Parcels 1&4,PM 35639
CLTA Preliminary Title Report
lPrelm (DSI Rev. 8/15/16) Page 3 Order No.: 00581114-988-CIO-DN1 EXHIBIT “A”

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL A1: (APN: 692-670-001)
PARCEL 1 OF PARCEL MAP NO. 35639, IN THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 232, PAGES 85 THROUGH 88 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL A2:

AN EASEMENT FOR INGRESS, EGRESS AND ACCESS OVER PARCEL 4 OF PARCEL MAP NO. 35639, IN

THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 232, PAGES 85 THROUGH 88 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 3 THENCE N00° 28’ 58”E A DISTANCE OF 181.67 FEET, THENCE N89° 31’ 02”W A DISTANCE OF 306.94 FEET, THENCE N00° 07’ 52”E A DISTANCE OF 30.00 FEET, THENCE S89° 31’ 02”E A DISTANCE OF 336.94 FEET, THENCE S00° 28’ 58”W A DISTANCE OF 211.67 FEET, THENCE N89° 31’ 02”W A DISTANCE OF 30.0 FEET, TO THE POINT OF BEGINNING.

PARCEL A3:

AN EASEMENT FOR INGRESS, EGRESS AND ACCESS OVER PARCEL 4 OF PARCEL MAP NO. 35639, IN

BEGINNING AT THE NORTHWEST CORNER OF PARCEL 2 THENCE N00° 07’ 52”E A DISTANCE OF 34.67 FEET, THENCE S89° 31’ 02”E A DISTANCE OF 239.91 FEET, THENCE S00° 00’ 00”E A DISTANCE OF 34.67 FEET, THENCE N89° 31’ 02”W A DISTANCE OF 239.91 FEET, TO THE POINT OF BEGINNING.

PARCEL A4:

AN EASEMENT FOR INGRESS, EGRESS AND ACCESS PURPOSES OVER THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 35639, IN THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 232, PAGES 85 THROUGH 88 OF PARCEL MAPS, DESIGNATED AND DELINEATED ON SAID PARCEL MAP AS “30’ ACCESS EASEMENT.” PARCEL A5:

AN EASEMENT FOR INGRESS, EGRESS AND ACCESS PURPOSES OVER THE EAST 37 FEET OF PARCEL 2 OF PARCEL MAP 35639, IN THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP ON FILE IN BOOK 232, PAGES 85 THROUGH 88 OF PARCEL MAPS, RECORDED IN SAID RIVERSIDE COUNTY.

PARCEL B1: (APNS: 692-670-004, 011, 014 & 017)
PARCEL B AS SHOWN ON EXHIBIT “B” OF THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. 2020-01 RECORDED OCTOBER 9, 2020 AS INSTRUMENT NO. 2020-0485634 OF

OFFICIAL RECORDS, IN THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND MORE FULL DESCRIBED AS FOLLOWS:

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1442 of 3061 PRELIMINARY REPORT Ticor Title Company of California
YOUR REFERENCE: Parcels 1&4,PM 35639

EXHIBIT A
(Continued)
CLTA Preliminary Title Report
lPrelm (DSI Rev. 8/15/16) Page 4 Order No.: 00581114-988-CIO-DN1 BEING A PORTION OF PARCEL4 OF PARCEL MAP NO. 35639, IN THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 232, PAGES 85 THROUGH 88,

INCLUSIVE, OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP;

THENCE ALONG THE NORTHERLY LINE THEREOF AND ITS EASTERLY PROLONGATION, SOUTH 89°31'02"
EAST 301.18 FEET;
THENCE SOUTH 00°04'07" EAST 151.16 FEET TO THE EASTERLY PROLONGATION OF THE SOUTH LINE OF
SAID PARCEL 2;
THENCE ALONG SAID PROLONGATION AND SAID SOUTHERLY LI NE, NORTH 89°31'02" WEST 301.71 FEET
TO THE SOUTHWEST CORNER OF SAID PARCEL 2, SAID CORNER BEING AN ANGLE POINT IN THE WESTERLY LINE OF SAID PARCEL4;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 4, SOUTH 00°07'52" WEST 30.00 FEET TO THE NORTHWEST CORNER OF PARCEL 3 OF SAID PARCEL MAP NO. 35639; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 3, SOUTH 89°31'02" EAST 306.95 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 3;
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 3, SOUTH 00°28'58" WEST 181.67 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 3 AND MOST SOUTHWESTERLY CORNER OF SAID PARCEL 4; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL4, SOUTH 89°31’02" EAST 530.91 FEET TO THE SOUTH EAST CORNER OF SAID PARCEL 4;
THENCE ALONG THE GENERAL EASTERLY LINE OF SAID PARCEL 4 THE FOLLOWING (13) COURSES:
1) NORTH 33°35'11" EAST 27.45 FEET
2) NORTH 00°28'58" EAST 75.97 FEET
3) NORTH 89°31'02" WEST 22.01 FEET
4) NORTH 00°28'58" EAST 139.00 FEET
5) NORTH 85°54'45" WEST 44.01 FEET
6) NORTH 52°12'00" WEST 29.00 FEET
7) NORTH 85°54'39" WEST 139.00 FEET
8) NORTH 44°13'52" WEST 32.23 FEET
9) NORTH 00°07'11" EAST 15.10 FEET
10) NORTH 89°31'02" WEST 37.40 FEET
11) NORTH 44°31'02" WEST 241.74 FEET
12) NORTH 89°31'02" WEST 81.10 FEET
13) NORTH 00°28'58" EAST 129.93 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 4; THENCE LEAVING SAID GENERAL EASTERLY LINE OF SAID PARCEL 4, ALONG THE NORTHERLY LINE OF
SAID PARCEL 4, NORTH 89°30'56" WEST 315.52 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 4;

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1443 of 3061 PRELIMINARY REPORT Ticor Title Company of California
YOUR REFERENCE: Parcels 1&4,PM 35639

EXHIBIT A
(Continued)
CLTA Preliminary Title Report
lPrelm (DSI Rev. 8/15/16) Page 5 Order No.: 00581114-988-CIO-DN1 THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 4, SOUTH 00°07'52" WEST 35.44 FEET TO THE NORTHWEST CORNER OF PARCEL 1 OF SAID PARCEL MAP NO. 35639; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1, SOUTH 89°31'02” EAST 176.30 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1;
THENCE ALONG THE EASTERLY LI NE OF SAID PARCEL 1, SOUTH 00°28'58" WEST 173.00 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 1;
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1, NORTH 89°31'02" WEST 175.24 FEET, TO THE
SOUTHWEST CORNER OF SAID PARCEL 1 AND A POINT IN THE WESTERLY LINE OF SAID PARCEL4; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 4, SOUTH 00°07'52" WEST 34.67 FEET, TO THE POINT OF BEGINNING.

RESERVING THEREFROM AN EASEMENT FOR INGRESS, EGRESS AND ACCESS PURPOSES OVER THAT PORTION DESIGNATED AND DELINEATED ON SAID PARCEL MAP AS "30' ACCESS EASEMENT."

ALSO RESERVING THEREFROM AN EASEMENT FOR INGRESS, EGRESS AND ACCESS OVER THAT PORTION DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 3 THENCE N00° 28' 58"E A DISTANCE OF 181.67 FEET, THENCE N89° 31' 02"W A DISTANCE OF 306.94 FEET, THENCE N00° 07' 52"E A DISTANCE OF 30.00 FEET, THENCE S89° 31' 02"E A DISTANCE OF 336.94 FEET, THENCE S00° 28' 58"W A DISTANCE OF 211.67 FEET, THENCE N89° 31' 02"W A DISTANCE OF 30.0 FEET, TO THE POINT OF BEGINNING.

ALSO RESERVING THEREFROM AN EASEMENT FOR INGRESS, EGRESS AND ACCESS OVER THAT

PORTION
DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF PARCEL 2 THENCE N00° 07' 52"E A DISTANCE OF 34.67 FEET, THENCE S89° 31? 02"E A DISTANCE OF 239.91 FEET, THENCE S00° 00' 00"E A DISTANCE OF 34.67 FEET, THENCE N89° 31' 02"W A DISTANCE OF 239.91 FEET, TO THE POINT OF BEGINNING.

PARCEL B2:

AN EASEMENT FOR INGRESS, EGRESS AND ACCESS PURPOSES OVER THAT PORTION OF PARCEL 5 OF PARCEL MAP 35639, IN THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP ON FILE IN BOOK 232. PAGES 85 THROUGH 88 OF PARCEL MAPS, RECORDED IN SAID RIVERSIDE COUNTY, DESIGNATED AND DELINEATED ON SAID PARCEL MAP AS "ACCESS EASEMENT RESERVED HEREON."
PARCEL B:

AN EASEMENT FOR INGRESS, EGRESS AND ACCESS PURPOSES OVER THE EAST 20 FEET OF PARCEL 5 OF PARCEL MAP 35639, IN THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP ON FILE IN BOOK 232, PAGES 85 THROUGH 88 OF PARCEL MAPS, RECORDED IN SAID RIVERSIDE COUNTY.

PARCEL B4:

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1444 of 3061 PRELIMINARY REPORT Ticor Title Company of California
YOUR REFERENCE: Parcels 1&4,PM 35639

EXHIBIT A
(Continued)
CLTA Preliminary Title Report
lPrelm (DSI Rev. 8/15/16) Page 6 Order No.: 00581114-988-CIO-DN1 AN EASEMENT FOR INGRESS, EGRESS AND ACCESS PURPOSES OVER THE EAST 37 FEET OF PARCEL 2 OF PARCEL MAP 35639, IN THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP ON FILE IN BOOK 232. PAGES 85 THROUGH 88 OF PARCEL MAPS, RECORDED IN SAID RIVERSIDE COUNTY.

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1445 of 3061 PRELIMINARY REPORT Ticor Title Company of California
YOUR REFERENCE: Parcels 1&4,PM 35639
CLTA Preliminary Title Report
lPrelm (DSI Rev. 8/15/16) Page 7 Order No.: 00581114-988-CIO-DN1

EXCEPTIONS

AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS:

A. Intentionally Deleted.

A1. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows:

Tax Identification No.: 692-670-001
Fiscal Year: 2022-2023
1st Installment: $ 2,732.04, Open (Delinquent after December 10) Penalty: $273.20
2nd Installment: $ 2,732.04, Open (Delinquent after April 10) Penalty and Cost: $311.26
Homeowners Exemption: $0.00
Code Area: 007-136
Affects: Parcel A1
A2. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows:

Tax Identification No.: 692-670-004
Fiscal Year: 2022-2023
1st Installment: $310.61, Open (Delinquent after December 10) Penalty: $31.06
2nd Installment: $310.61, Open (Delinquent after April 10) Penalty and Cost: $69.12
Homeowners Exemption: $0.00
Code Area: 007-136
Affects: a portion of Parcel B1
A3. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows:

Tax Identification No.: 692-670-011
Fiscal Year: 2022-2023
1st Installment: $47.72, Open (Delinquent after December 10) Penalty: $4.77
2nd Installment: $47.72, Open (Delinquent after April 10) Penalty and Cost: $42.83
Homeowners Exemption: $0.00
Code Area: 007-136
Affects: a portion of Parcel B1

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1446 of 3061 PRELIMINARY REPORT Ticor Title Company of California
YOUR REFERENCE: Parcels 1&4,PM 35639

EXCEPTIONS
(Continued)
CLTA Preliminary Title Report
lPrelm (DSI Rev. 8/15/16) Page 8 Order No.: 00581114-988-CIO-DN1 A4. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows:

Tax Identification No.: 692-670-014
Fiscal Year: 2022-2023
1st Installment: $ 3,204.79, Open (Delinquent after December 10) Penalty: $320.48
2nd Installment: $ 3,204.79, Open (Delinquent after April 10) Penalty and Cost: $358.54
Homeowners Exemption: $0.00
Code Area: 007-136
Affects: a portion of Parcel B1
A5. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows:

Tax Identification No.: 692-670-017
Fiscal Year: 2022-2023
1st Installment: $ 7,978.42, Open (Delinquent after December 10) Penalty: $797.84
2nd Installment: $ 7,978.42, Open (Delinquent after April 10) Penalty and Cost: $835.90
Homeowners Exemption: $0.00
Code Area: 007-108
Affects: a portion of Parcel B1
B. An assessment by the improvement district shown below:

Series: AD #01-1
District: Indio
For: Desert Recreation District AD 01-1 Indio
Bond issued: July 11, 2010
Said assessment is collected with the county/city property taxes.

C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy.

D. A Notice
Entitled: Notice of Assessment
For: Indio Community Center and Park Project Assessment District No. 90-1 Executed by: The Coachella Valley Recreation & Park District Recording Date: May 1, 1991
Recording No: 144577 of Official Records
Reference is hereby made to said document for full particulars.

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1447 of 3061 PRELIMINARY REPORT Ticor Title Company of California
YOUR REFERENCE: Parcels 1&4,PM 35639

EXCEPTIONS
(Continued)
CLTA Preliminary Title Report
lPrelm (DSI Rev. 8/15/16) Page 9 Order No.: 00581114-988-CIO-DN1

1. Water rights, claims or title to water, whether or not disclosed by the public records.

2. An easement for the purpose shown below and rights incidental thereto as set forth in a document.

Granted To:. County of Riverside
Purpose:. public road purposes
Recorded:. April 17, 1959 as Instrument No. 32692, of Official Records Affects:. Avenue 42
Note: Said rights now vest in the City of Indio.

3. The fact that said land is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the Redevelopment Plan) as disclosed by a document.

Redevelopment Agency: Indio Merged Redevelopment Project Area Recorded: November 30, 1999 as Instrument No. 1999-0521777, of Official Records and recorded September 11, 2007 as File No. 2007-0574185, Official Records

4. A document entitled “Memorandum of Agreement”, dated, September 22, 2006, executed by City of Indio and Sprint PCS Assets, LLC, subject to all the terms, provisions and conditions therein contained, recorded November 16, 2007 as File No. 2007-0700067 of Official Records

5. The effect of a Resolution vacating surplus Right of Way recorded April 3, 2009 as File No. 2009- 0164385, of Official Records.

6. An easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below.

Map No.: Parcel Map No. 35639
Easement
Purpose: Public utilities
Affects:. as shown on said map
Easement
Purpose: 30 foot access
Affects: as shown on said map

7. Covenants, conditions and restrictions (“but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry” as set forth in the document Recorded:. December 14, 2011 as File No. 2011-0553159 of Official Records

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1448 of 3061 PRELIMINARY REPORT Ticor Title Company of California
YOUR REFERENCE: Parcels 1&4,PM 35639

EXCEPTIONS
(Continued)
CLTA Preliminary Title Report
lPrelm (DSI Rev. 8/15/16) Page 10 Order No.: 00581114-988-CIO-DN1 Note: Section 12956.1 of the government code provides the following: “If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.”
Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions.

Modification(s) of said covenants, conditions and restrictions Recorded:. September 10, 2012 as Instrument No. 2012-0431193 Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: January 8, 2021
Recording No: 2021-0011048 of Official Records

8. An easement for the purpose shown below and rights incidental thereto as set forth in a document.

Purpose:. access
Recorded:. December 14, 2011 as Instrument No. 2011-0553157 of Official Records Affects:. The route thereof affects a portion of said land and is more fully described in said document.

9. An easement for the purpose shown below and rights incidental thereto as set forth in a document.

Purpose:. access
Recorded:. December 14, 2011 as Instrument No. 2011-0553161 of Official Records Affects:. The route thereof affects a portion of said land and is more fully described in said document.

10. The terms and provisions contained in the document entitled “Memorandum of Gasoline Agreement for Dealer- Owned, Franchise-Operated Facility” recorded June 20, 2012 as Instrument No. 2012-0283738 Official Records.

11. Intentionally deleted.

12. Intentionally deleted.

Page 911 of 2023 ends

Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1449 of 3061 PRELIMINARY REPORT Ticor Title Company of California
YOUR REFERENCE: Parcels 1&4,PM 35639

EXCEPTIONS
(Continued)
CLTA Preliminary Title Report
lPrelm (DSI Rev. 8/15/16) Page 11 Order No.: 00581114-988-CIO-DN1

13. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: Valley Sanitary District
Purpose: public sewer or sewers and incidental purposes Recording Date: December 2, 2021
Recording No: 2021-0713694 of Official Records
Affects: As described therein.

14. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records.

The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage.

The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents.

15. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent.

16. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof.

17. The search did not disclose any open mortgages or deeds of trust of record, therefore the Company reserves the right to require further evidence to confirm that the property is unencumbered, and further reserves the right to make additional requirements or add additional items or exceptions upon receipt of the requested evidence.

18. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:

In favor of: City of Indio, a municipal corporation
Purpose: ingress, egress and access purposes
Recording Date: December 14, 2011
Recording No: 2011-0553157 of Official Records
Affects: As described therein.

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1450 of 3061 PRELIMINARY REPORT Ticor Title Company of California
YOUR REFERENCE: Parcels 1&4,PM 35639

EXCEPTIONS
(Continued)
CLTA Preliminary Title Report
lPrelm (DSI Rev. 8/15/16) Page 12 Order No.: 00581114-988-CIO-DN1

19. Matters contained in that certain document
Entitled: Development—Sanitation System Installation Agreement Dated: February 24, 2021
Executed by: Valley Sanitary District, a public agency of the State of California and AutoZone Parts, Inc.

Recording Date: January 26, 2022
Recording No: 2022-0041312 of Official Records.

Reference is hereby made to said document for full particulars.

20. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: Indio Water Authority of the City of Indio, a public body, corporate and politic of the State of California
Purpose: reasonable access to and from the Easement Area for public water pipelines and appurtenances
Recording Date: September 17, 2021
Recording No: 2021-0555666 of Official Records
Reference is hereby made to said document for full particulars.

PLEASE REFER TO THE “INFORMATIONAL NOTES” AND “REQUIREMENTS” SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION.

END OF EXCEPTIONS

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1451 of 3061 PRELIMINARY REPORT Ticor Title Company of California
YOUR REFERENCE: Parcels 1&4,PM 35639
CLTA Preliminary Title Report
lPrelm (DSI Rev. 8/15/16) Page 13 Order No.: 00581114-988-CIO-DN1

REQUIREMENTS SECTION

1. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below:

Limited Liability Company: Can Do LLC, a California limited liability company a) A copy of its operating agreement, if any, and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps.
c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member.
d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity is currently domiciled.
e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing.
f) If Limited Liability Company is a Single Member Entity, a Statement of Information for the Single Member will be required.
g) Each member and manager of the LLC without an Operating Agreement must execute in the presence of a notary public the Certificate of California LLC (Without an Operating Agreement) Status and Authority form.

2. Prior to the close of escrow, the Company requires a Statement of Information to be completed by the following party(s),
Party(s): All Parties
The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information.

3. Furnish for review a full and complete copy of any unrecorded agreement, contract, license and/or lease together with all supplements, assignments and amendments thereto, prior to the close of this transaction.

The Company reserves the right to add additional items or make further requirements after review of the requested documentation.

4. Unrecorded matters which may be disclosed by an Owner’s Affidavit or Declaration. A form of the Owner’s Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you.

The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration.

END OF REQUIREMENTS

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1452 of 3061 PRELIMINARY REPORT Ticor Title Company of California
YOUR REFERENCE: Parcels 1&4,PM 35639
CLTA Preliminary Title Report
lPrelm (DSI Rev. 8/15/16) Page 14 Order No.: 00581114-988-CIO-DN1

INFORMATIONAL NOTES SECTION

1. None of the items shown in this report will cause the Company to decline to attach ALTA Endorsement Form 9 to an Extended Coverage Loan Policy, when issued.

2. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage.

3. Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows:

Grantor: CAN DO LLC, a California limited liability company Grantee: CAN DO LLC, a California limited liability company Recording Date: January 8, 2021
Recording No: 2021-0011050 of Official Records
Affects: Parcel B1

4. Intentionally deleted.

5. Intentionally deleted.

6. Intentionally deleted.

7. Intentionally deleted.

8. Intentionally deleted.

END OF INFORMATIONAL NOTES
David Noble/gp

Page 915 of 2023 ends

Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1453 of 3061 Wire Fraud Alert Page 1
Original Effective Date: 5/11/2017
Current Version Date: 5/11/2017 WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved Wire Fraud Alert
This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer.

All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds.

In addition, the following non‐exclusive self‐protection strategies are recommended to minimize exposure to possible wire fraud.
 NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction.
 ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster.  USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts.
 USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature.

For more information on wire‐fraud scams or to report an incident, please refer to the following links:

Federal Bureau of Investigation: Internet Crime Complaint Center:
http://www.fbi.gov http://www.ic3.gov

Page 916 of 2023 ends

Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1454 of 3061

FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 Copyright © 2018. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 4/23/18) Page 1 Order No. 00581114-988-CIO-DN1 FIDELITY NATIONAL FINANCIAL, INC.

PRIVACY NOTICE
Effective January 1, 2020
Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, “FNF,” “our,” or “we”) respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information.

A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary’s website and this Privacy Notice does not apply.

Collection of Personal Information
FNF may collect the following categories of Personal Information:
 contact information (e.g., name, address, phone number, email address);  demographic information (e.g., date of birth, gender, marital status);  identity information (e.g. Social Security Number, driver’s license, passport, or other government ID number);  financial account information (e.g. loan or bank account information); and  other personal information necessary to provide products or services to you.

We may collect Personal Information about you from:
 information we receive from you or your agent;
 information about your transactions with FNF, our affiliates, or others; and  information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others.

Collection of Browsing Information
FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an “FNF Website”) from your Internet browser, computer, and/or device:
 Internet Protocol (IP) address and operating system;
 browser version, language, and type;
 domain name system requests; and
 browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website.

Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites.

Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account.

Other Online Specifics
Cookies. When you visit an FNF Website, a “cookie” may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer’s hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website.

Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites.

Do Not Track. Currently our FNF Websites do not respond to “Do Not Track” features enabled through your browser.

Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit.

Use of Personal Information
FNF uses Personal Information for three main purposes:
 To provide products and services to you or in connection with a transaction involving you.  To improve our products and services.
 To communicate with you about our, our affiliates’, and others’ products and services, jointly or independently.

When Information Is Disclosed
We may disclose your Personal Information and Browsing Information in the following circumstances:
 to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure;  to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions;
 to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you;

Page 917 of 2023 ends

Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1455 of 3061

FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 Copyright © 2018. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 4/23/18) Page 2 Order No. 00581114-988-CIO-DN1  to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or  in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public.

The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We do share Personal Information among affiliates (other companies owned by FNF) to directly market to you. Please see “Choices with Your Information” to learn how to restrict that sharing.

We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings.

Security of Your Information
We maintain physical, electronic, and procedural safeguards to protect your Personal Information.

Choices With Your Information
If you do not want FNF to share your information among our affiliates to directly market to you, you may send an “opt out” request by email, phone, or physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you.

Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you.

For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the “California Privacy” link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748.

For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: [email protected].

For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes.

For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures.

Information From Children
The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian.

International Users
FNF’s headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice.

FNF Website Services for Mortgage Loans
Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the “Service Websites”). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender’s privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender’s privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public.

Your Consent To This Privacy Notice; Notice Changes; Use of Comments or Feedback By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice’s effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. We may use comments or feedback that you submit to us in any manner without notice or compensation to you.

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FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 Copyright © 2018. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 4/23/18) Page 3 Order No. 00581114-988-CIO-DN1 Accessing and Correcting Information; Contact Us
If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, send your requests to [email protected], by phone to (888) 934-3354, or by mail to:

Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, Florida 32204
Attn: Chief Privacy Officer

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1457 of 3061 CA Discount Notice Effective Date: 12/01/2014
Notice of Available Discounts
Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries (“FNF”) must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer’s right to be charged the field rate. As such, your transaction may not qualify for the below discounts.

You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling.

FNF Underwritten Title Company FNF Underwriter
TTCC - Ticor Title Company of California CTIC - Chicago Title Insurance Company Available Discounts

CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report.

DISASTER LOANS (CTIC)
The charge for a lender’s Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate.

CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC)
On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church’s obligation the charge for an owner’s policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender’s policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected.

EMPLOYEE RATE (TTCC and CTIC)
No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees’ bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction.

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ATTACHMENT ONE

CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY – 1990

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:

1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.

2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.

3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy.

4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.

5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.

6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.

EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:

1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.

Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records.

2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof.

3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.

4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.

5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.

6. Any lien or right to a lien for services, labor or material not shown by the public records.

CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)

ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE

EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:

1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:

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a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.

This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.

2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15.

3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.

4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.

5. Failure to pay value for Your Title.

6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land.

This Exclusion does not limit the coverage described in Covered Risk 11 or 21.

7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors’ rights laws.

8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.

9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.

LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows:
 For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.

The deductible amounts and maximum dollar limits shown on Schedule A are as follows:

Your Deductible Amount
Our Maximum Dollar
Limit of Liability
Covered Risk 16:

1.00% % of Policy Amount Shown in Schedule A or
$2,500.00 (whichever is less) $ 10,000.00
Covered Risk 18:

1.00% % of Policy Amount Shown in Schedule A or
$5,000.00 (whichever is less) $ 25,000.00
Covered Risk 19:

1.00% of Policy Amount Shown in Schedule A or
$5,000.00 (whichever is less) $ 25,000.00
Covered Risk 21:

1.00% of Policy Amount Shown in Schedule A or
$2,500.00 (whichever is less) $ 5,000.00
2006 ALTA LOAN POLICY (06-17-06)

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

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3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.

4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.

5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.

6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.

7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b).

The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

EXCEPTIONS FROM COVERAGE
(Except as provided in Schedule B - Part II,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees or expenses, that arise by reason of:
(PART I
(The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.

2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.

6. Any lien or right to a lien for services, labor or material not shown by the Public Records.

PART II
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 2006 ALTA OWNER’S POLICY (06-17-06)

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

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3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.

4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.

5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.

EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees or expenses, that arise by reason of:
(The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

6. Any lien or right to a lien for services, labor or material not shown by the Public Records.

7. (Variable exceptions such as taxes, easements, CC&R’s, etc. shown here.) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (04-02-15)

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys’ fees or expenses which arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

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(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.

4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.

5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law.

This Exclusion does not modify or limit the coverage provided in Covered Risk 26.

6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk

11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.

8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.

9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.

10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.

11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.

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MISC0220 (DSI Rev. 10/17/17) Page 11 Escro

OWNER'S DECLARATION
Escrow No.: 00581114-988-CIO-DN1
Property Address: APNS: 692-670-001, 004, 011, 014 & 017 (Parcel 1 Parcel Map No. 35639 & Parcel B of LLA 2020-01) )
Indio, CA 92203
The undersigned hereby declares as follows:

1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at APNS:
692-670-001, 004, 011, 014 & 017 (Parcel 1 Parcel Map No. 35639 & Parcel B of LLA 2020-01) ), Indio, CA 92203, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land").
b. Declarant is the ______________________________ of ____________________________________ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at APNS:
692-670-001, 004, 011, 014 & 017 (Parcel 1 Parcel Map No. 35639 & Parcel B of LLA 2020-01) ), Indio, CA 92203, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land").

2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever.
b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with _________________________ upon the Land in the approximate total sum of $__________, but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: ___________________________________________. Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Ticor Title Company of California against any and all claims arising therefrom.

3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land.

4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced Preliminary Report/Commitment.

5. The Land is currently in use as _____________________; _______________________ occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land:
___________________________________________________________________________________

6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land.

7. There are no outstanding options to purchase or rights of first refusal affecting the Land.

8. Between the most recent Effective Date of the above-referenced Preliminary Report/Commitment and the date of recording of the Insured Instrument(s), Owner has not taken or allowed, and will not take or allow, any action or inaction to encumber or otherwise affect title to the Land.

This declaration is made with the intention that Ticor Title Company of California (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on ______ at _________________________________.

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MISC0220 (DSI Rev. 10/17/17) Page 12 Escro
Signature: ________________________________

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APPENDIX D
Previous Environmental Reports

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APPENDIX E
Environmental Professional Resumes

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1818 of 3061 NICHOLAS M. POULTER, STAFF ENVIRONMENTAL SCIENTIST
Education
B.S., Environmental Science, Portland State University
Registrations/Certifications
40-Hour OSHA HAZWOPER and Emergency Response Certification First Aid/CPR/AED Certification
Experience
Nick recently joined GeoEngineers as an environmental scientist and brings four years of experience conducting and supporting site assessments in Oregon. He has experience conducting environmental field investigations, interpreting groundwater flow and solute transport, fate and transport analysis of impacted media, developing robust conceptual site models, and performing construction observation and documentation. He brings technical and analytical skills in environmental science, stormwater management, environmental geology, hydrogeology, water quality, statistics, GIS, environmental data interpretation, sampling media screening, field inspections, and federal, state and local regulation interpretation and application. Nick has completed multiple preliminary Level 1 and subsurface Level 2 professional environmental assessment reports. He has presented technical information in oral, written, graphic, and other forms of communications on various projects and assignments to project teams and management.

Project Experience
■ NuStar Energy, Vancouver Annex Stormwater Support; Vancouver, WA ■ Washington State Department of Transportation, Palermo Wellfield Remedial Investigation and Feasibility Study 2021-2023; Tumwater, WA
■ Boersma Bros, Multiple Phase I Environmental Site Assessments (ESAs); CA, TX, AL, TN, NM, AZ ■ Goodwill Industries, 13500 SE 172nd Ave Phase I ESA Update; Damascus, OR ■ Banner Real Estate, Ventura Boulevard Phase I ESA; Woodland Hills, CA ■ Greenbrier, Gunderson Area 1 Services Environmental Support 2021-2022; Portland, OR Coordinated Site Analysis Team – Community Service Aide II; City of Portland, Bureau of Environmental Services (BES), Technical Services; Portland, Oregon
Prior to joining GeoEngineers, Nick worked as a Community Service Aide II for the City of Portland BES. He worked both independently and in coordination with City staff and consultants to provide technical support for site assessments within the City’s boundaries. His responsibilities included:
■ Guaranteeing documentation standards.
■ Reviewing and interpreting plans and reports.
■ Coordinating with other agencies/bureaus about project deadlines and goals.

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■ Evaluating and summarizing sampling events based on collected sampling logs and data results.

Sampling methods included micro sampling, hand augers, Geoprobe sampling, groundwater sampling via bailer or peristaltic pump, sampling logs, chain of custody forms, and proper sampling handling procedures. Sampling and screening media included groundwater, surface water, soil, soil vapor, paint, and sediment while enacting safe work practices during various types of weather. ■ Interacting with the public by aiding in the understanding of processes and regulations leading to fieldwork while also interpreting engineering documents such as drawings, regulations, supporting documents, bid documents, property records and construction documents. ■ Overseeing contractors, including reviewing reports.

Awards
■ City of Portland, Blue Heron Team Award Recipient

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1820 of 3061 5820 S Kelly Ave, Suite B, Portland, OR 97239
(T) 503.906.6577 (F) 503.906.6567
Chris Breemer, R.G
Principal Geologist

PROFESSIONAL REGISTRATIONS/CERTIFICATIONS EDUCATION
Oregon: Registered Geologist (G2006) M.S., Geology, Oregon State University, 2000 Washington: Licensed Geologist (2415) B.A., Geography, University of California Berkeley, 1992 California: Professional Geologist (8038)
Idaho: Registered Geologist (PGL-1367)
Chris Breemer has over 20 years of environmental consulting experience. His experience includes management and implementation of Phase I and II environmental assessments, remedial investigations, and liability evaluations at a wide range of commercial and industrial facilities, including rail yards, port facilities, manufacturing facilities, service stations, lumber mills, mining sites, bulk fuel terminals, and agricultural facilities. Focus areas include petroleum compounds, chlorinated solvents, dioxins and furans, and metals in soil, soil vapor, sediment, and groundwater. Mr.

Breemer has managed numerous multi-year environmental service contracts with local and state agencies, as well as multi-state due diligence portfolios.

GENERAL EXPERIENCE
2021 – Present Principal Geologist – GeoEngineers, Inc., Portland, Oregon 2015 - 2021 Principal Geologist – Cascadia Associates, LLC, Portland, Oregon 2010 - 2015 Principal Geologist - Apex Companies, LLC/Ash Creek Associates, Inc., Portland, Oregon 2002 - 2010 Associate Geologist– GeoEngineers, Inc., Portland, Oregon 2000 - 2002 Project Manager - Enviroforensics, Inc.

PROJECT EXPERIENCE

INVESTIGATION AND REMEDIATION PROGRAM EXPERIENCE
Mr. Breemer has performed and managed cleanup/remediation programs at sites throughout the U.S. These investigation/remediation efforts have involved a variety of contaminants (dry cleaning solvents, metals, petroleum compounds, PCBs, and others) in a range of media. Selected projects are listed below.

NuStar Energy, Investigation and Remediation, Numerous Sites, Nationwide. Manages assessment and remediation activities at a portfolio of bulk petroleum storage and distribution facilities at locations throughout the U.S.

Mr. Breemer is responsible for overall program management, including strategic planning, technical oversight, client communications, and regulatory negotiations. The portfolio currently includes a range of activities including active remediation, natural attenuation remedies, and remedial investigation/feasibility studies.

Gunderson LLC, Source Control Evaluations and Source Control Measures, Portland, Oregon. Managed evaluations of groundwater, stormwater, and erodible soil risks to the Willamette River, within the context of the Oregon Department of Environmental Quality’s Portland Harbor Upland Source Control effort. Assisted Gunderson to design and implement riverbank and stormwater source control measures. Provided expert services to Gunderson LLC and legal counsel to support the Portland Harbor Superfund site liability allocation process. Provided strategic advice for managing a range of environmental matters at the facility.

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Redmond Rod and Gun Club, Small Arms Firing Range Investigation, Risk Assessment, and Feasibility Study, Redmond, Oregon. Managed the investigation of the horizontal and vertical extent of impacts related to historical and ongoing use of several small arms firing ranges and an associated unpermitted solid waste disposal area. Data obtained during the investigations was used to evaluate risks to humans and ecological receptors under current and planned industrial development scenarios. Based on the conclusions of the investigation and risk assessment, Mr. Breemer prepared a feasibility study that recommended capping the impacted soil with soil, concrete, or asphalt-concrete pavement. To reduce remediation costs, the proposed remedy was designed to be performed concurrently with future industrial development of the site.

NuStar Energy, Portland Harbor Superfund Site Expert Support, Portland, Oregon. Provided expert guidance and technical support for environmental assessment activities performed to evaluate potential liability associated with the Portland Harbor Superfund Site. Assisted legal counsel in review and preparation of disclosure documents. Provided ongoing support for interpretation and response to remedial investigation/feasibility study documents.

Former Kaiser Shipyards Investigation and Remediation, Vancouver, WA. Managed a site investigation, feasibility study, and cleanup action plan for a two-acre property affected by World War II era debris. The debris contained elevated concentrations of lead and other constituents. Using data from a neighboring property, and a small amount of additional data, Chris was able to demonstrate that the hazardous substances in debris did not pose a risk to groundwater or to workers at the site. Chris demonstrated that existing clean soil functioned as an adequate cap for protection of human health. The Washington Department of Ecology approved of the proposed remedy and issued a no further action opinion. To reduce overall future monitoring costs, Chris assisted the property owner to negotiate a cost sharing agreement with the City of Vancouver. The entire project was completed in approximately eight months.

Confidential Client, Remedial Investigation and Liability Evaluation, Washington. Managed an assessment of environmental conditions at an active wood treating facility. Reviewed analytical data to estimate the magnitude and extent of environmental impacts. Developed a range of remediation scenarios and cost estimates and assigned probabilities to the various scenarios. The client used the information to make decisions about insurance recovery efforts and ownership transition scenarios.

Oregon Department of Transportation (ODOT), On-Call Environmental Services, Statewide, Oregon. Program Manager for statewide on-call environmental services contract. Services performed include investigation and remediation of impacted ODOT facilities and performance of environmental due diligence at prospective acquisition properties. Under Mr. Breemer’s management, this contract was renewed for consecutive four-year periods.

Portland Development Commission, On-Call Environmental Services, Portland, Oregon. Program Manager for oncall environmental services contract. Services performed include Phase I Environmental Site Assessments, vapor intrusion evaluations, remedial investigation, cleanup of impacted commercial and residential properties, and litigation support. Under Mr. Breemer’s management, this contract was renewed for consecutive three-year periods.

Kendall Automotive Investigation and Remediation, Lewiston, Idaho. Project manager for a remedial investigation at an automobile dealership impacted by petroleum hydrocarbons and volatile organic compounds in soil, groundwater, and soil gas. Mr. Breemer designed an investigation that demonstrated high concentrations of VOCs in the subsurface were not significantly affecting indoor air. Subsequently, Mr. Breemer managed the design, installation, and operation of a soil vapor extraction system that effectively treated gasoline-range hydrocarbons in the subsurface.

Cedar Mill Remedial Investigation, Human and Ecological Risk Assessments, and Interim Removal, Lyons, Oregon. Managed a remedial investigation at a former wood treating facility that is impacted by pentachlorophenol, dioxins and furans, and other chemicals in soil, sediment, and groundwater. Chris managed human and ecological risk assessments to demonstrate that the contamination could be mostly managed in-place, resulting in significant cost savings. An interim removal measure, consisting of removal of soil containing high concentrations of hazardous substances, was implemented to support future site closure efforts. Future proposed work includes implementation of engineering controls to address residual contamination in soil.

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Sunriver Owners Association, Remedial Investigation and Cleanup, Sunriver, Oregon. Managed an RI/FS, remedial design, and remediation at a 5.9-acre public area impacted by asbestos in soil. Tasks included a human health risk assessment, community relations, and subcontractor procurement. Following approval of the RI/FS, Chris managed the remedial design and implementation of the remedial action, consisting of capping the impacted media in-place. The work was conducted under oversight by Oregon’s DEQ’s Land Quality and Air Quality Divisions. The project received an Oregon Brownfield Award in 2012.

Shell Oil Products, U.S., Investigation and Remediation, Numerous Sites, Pacific Northwest. Managed assessment and remediation activities at a portfolio of retail and bulk petroleum storage and distribution facilities at locations throughout the Pacific Northwest. Mr. Breemer prepared and implemented investigation work plans in accordance with state requirements. Mr. Breemer obtained numerous No Further Action determinations for these facilities from the Oregon Department of Environmental Quality.

ODOT Building J Groundwater Investigation, Salem, Oregon. Mr. Breemer managed the assessment of groundwater conditions at a historical UST release site at the ODOT East Salem Maintenance facility. The investigation was conducted to obtain regulatory closure for releases of petroleum hydrocarbons and chlorinated solvents (vinyl chloride) from previously decommissioned waste oil USTs. Mr. Breemer worked with ODOT personnel to develop a scope of work, budget, and schedule sufficient to assess conditions but not interrupt work on the ODOT facility and on adjacent land owned by others. Investigation data were sufficient to obtain a no further action determination from the Oregon DEQ.

SE Flavel Industrial Property Subsurface Assessment and Remediation, Portland, Oregon. Mr. Breemer managed the assessment of soil and groundwater conditions at a vacant industrial property on behalf of the Portland Bureau of Environmental Services. The City of Portland Parks and Recreation Department was considering purchasing the property for use as a maintenance facility. Data indicated that soil and groundwater at the site were impacted by petroleum compounds and associated constituents. Chris was able to demonstrate that the contaminants would not pose an unacceptable risk to human health and could be managed in-place, without the need for remediation. The City of Portland Parks and Recreation Department since purchased the property.

Hotel Heating Oil Tank Decommissioning and Vapor Intrusion Investigation, Astoria, Oregon. Mr. Breemer managed the decommissioning of a heating oil tank at a hotel in Astoria. Oil released from the tank, and possibly from other sources, was widespread underneath the hotel and the adjacent roadway. Numerous buried utilities and structures severely limited the locations where subsurface sampling was possible. Chris identified locations where samples could be collected using hand tooling, significantly reducing the costs of the investigation. DEQ was concerned that elevated petroleum concentrations in soil were impacting indoor air. Chris obtained soil gas data sufficient to demonstrate that the subsurface contamination was not significantly affecting indoor air. The data obtained during the investigation were sufficient to demonstrate that people were not likely to be exposed to excess levels of contaminants in soil, groundwater, or indoor air. As a result, DEQ issued a no further action determination without requiring any active remediation.

Kendall Yards, Remedial Investigation and Cleanup, Spokane, Washington. Project manager for a remedial investigation and cleanup of a 77-acre brownfield site. Remediation consisted of removal of approximately 223,000 tons of soil that was impacted by Bunker C oil, metals, and polycyclic aromatic hydrocarbons. The investigation and cleanup were completed in a one-year period.

Eastside Combined Sewer Overflow Outfall 44A Construction Evaluation, Portland, Oregon. Mr. Breemer managed the assessment of soil and groundwater conditions along the proposed alignment of a new sewer pipeline, on behalf of the City of Portland Bureau of Environmental Services. The assessment included soil and groundwater sampling at numerous locations along the alignment. Chris prepared a contaminated media management plan to provide guidance to City contractors for protecting worker health and properly disposing/re-using excavated soil.

Gateway Park Remedial Investigation, Feasibility Study, and Remediation, Portland, Oregon. Mr. Breemer managed Phase I and II environmental site assessments and remediation at a 7-acre property impacted by tetrachloroethene (PCE), trichloroethene (TCE), and other chemicals from a former dry cleaner. The work was conducted on behalf of the Portland Development Commission. Chris developed a remedial action plan, sampling and analysis plan, soil management plan, and quality assurance plan, all of which were reviewed and approved by the Oregon DEQ and the EPA. Following remediation, DEQ issued a risk-based closure for the property.

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Tigard Library Remedial Investigation, Risk Assessments, and Construction Management, Tigard, Oregon.

Managed an RI to evaluate human and ecological risk from widespread arsenic in soil and sediment. The investigation included a multi-increment sampling program to improve the understanding of site-wide arsenic in sediment. This step showed relatively low sediment risk and lead to a substantial reduction in the scope of remediation. Chris also managed human and ecological risk assessments that demonstrated limited human and ecological risk, as a result, Chris was able to negotiate a remedy with DEQ, which allowed all contaminated soil to remain in place. Mr. Breemer developed and implemented a contaminated media management plan and worker health and safety program that allowed the client to build a roadway through the contaminated area while the RI was being conducted. DEQ is preparing a Staff memo that will allow the City of Tigard to manage the contamination in-place.

Boise Cascade Plywood Mill Site Assessment, Adair Village, Oregon. Mr. Breemer managed a soil, groundwater, and sediment investigation at a former plywood mill that is impacted by pentachlorophenol, dioxins and furans, and other chemicals. He conducted investigations under the oversight of DEQ and the EPA. In addition, he directed a screening– level ecological risk evaluation and determined that dioxin levels in sediment are orders of magnitude higher than acceptable levels.

DUE DILIGENCE AND ALL APPROPRIATE INQUIRY PROGRAM EXPERIENCE Mr. Breemer has performed Phase I Environmental Site Assessment at hundreds of facilities throughout the U.S>.

Assessments have been performed at industrial, commercial, residential, and agricultural sites, ranging from 1/4 –acre to more than 2,000-acres.

PacLand/Wal-Mart, Environmental Due Diligence Investigations at Multiple Sites, Oregon and California. Mr.

Breemer served as the Project Manager for numerous Phase I and II environmental site assessments and hazardous building material investigations at prospective retail development sites in Oregon. He conducted due diligence following ASTM methods and client-specific guidelines, at 5- to 20-acre properties with mixed residential, agricultural, and commercial uses. Projects included soil, groundwater, and hazardous building material assessments. Services were performed under expedited schedules, strict confidentiality, and intense review, to prepare for public comment and appeal processes.

Oregon Business Development Department, Environmental Due Diligence, Industrial Land Portfolio, Portland Metropolitan Area, Oregon. Managed environmental due diligence for a portfolio of eleven 20+ acre prospective industrial development properties. Mr. Breemer developed a streamlined investigation approach that resulted in the gathering of key information necessary for planning, but at significantly reduced cost relative to the standard ASTM 1527-05 Phase I ESA process.

Environmental Liability (Sarbanes-Oxley) Evaluation, Various Locations, United States. Mr. Breemer reviewed extensive environmental data for 13 contaminated industrial properties in the western and central United States to identify contaminant-related liabilities. He calculated the value of liabilities that are reportable under financial accounting standards. This process reduced the client’s total reportable environmental liability. In addition, Mr.

Breemer prepared a prioritized approach for the client to address environmental liabilities at their facilities.

STORMWATER MANAGEMENT
SuperValu Grocery Distribution Centers, Tacoma Washington and Auburn, Washington. Mr. Breemer assisted SuperValu with a wide range of stormwater compliance services and responding to a citizen suit regarding stormwater discharge from the Tacoma, Washington facility. Services included evaluation of the facilities for stormwater pollutants, development of recommendations for short- and long-term stormwater management techniques, design and installation of stormwater treatment facilities, staff training, and preparation of stormwater management plans.

Gunderson LLC Facility, Portland, Oregon. Mr. Breemer assists Gunderson LLC to manage stormwater at a 60+ acre industrial facility that is adjacent to and discharges stormwater to the Portland Harbor Superfund site. Mr. Breemer evaluated facility operations, identified sources of pollutants, developed recommendations for best management practices, coordinated stormwater sampling and analysis, developed and implemented a staff training program, and assisted Gunderson LLC to respond to notices of violation and other regulatory correspondence.

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Buffalo Welding, Clackamas, Oregon. Mr. Breemer assisted Buffalo Welding to design and implement a stormwater management plan after receiving an enforcement notice from the state regulatory agency. Mr. Breemer evaluated facility operations, prepared a stormwater management plan, recommended modifications to operations, identified short- and long-term challenges and associated solutions. These services were completed in an expedited four-week period to support the prompt response to the notice of enforcement.

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ACOUSTICAL ASSESSMENT

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1827 of 3061 Acoustical Assessment
The Greens Indio Project
City of Indio, California
Prepared by:

Kimley-Horn and Associates, Inc.
1100 W. Town and Country Road, Suite 700
Orange, California 92868
Contact: Mr. Ryan Chiene
714.705.1343
August 2023

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TABLE OF CONTENTS
TABLE OF CONTENTS..............................................................................................................................................II 1 INTRODUCTION.................................................................................................................................1

1.1 Project Location and Setting ....................................................................................................................1

1.2 Project Description...................................................................................................................................1 2 ACOUSTIC FUNDAMENTALS ..............................................................................................................5

2.1 Sound and Environmental Noise..............................................................................................................5

2.2 Ground-Borne Vibration...........................................................................................................................9 3 REGULATORY SETTING .................................................................................................................... 11

3.1 Federal ...................................................................................................................................................11

3.2 State of California...................................................................................................................................11

3.3 Local .......................................................................................................................................................11 4 EXISTING CONDITIONS .................................................................................................................... 15

4.1 Existing Noise Sources............................................................................................................................15

4.2 Noise Measurements.............................................................................................................................15

4.3 Sensitive Receptors................................................................................................................................17 5 SIGNIFICANCE CRITERIA AND METHODOLOGY ................................................................................ 18

5.1 CEQA Thresholds....................................................................................................................................18

5.2 Methodology..........................................................................................................................................18 6 POTENTIAL IMPACTS AND MITIGATION .......................................................................................... 20

6.1 Acoustical Impacts .................................................................................................................................20

6.2 Cumulative Noise Impacts......................................................................................................................26 7 REFERENCES .................................................................................................................................... 28 TABLES
Table 1: Typical Noise Levels .........................................................................................................................................5 Table 2: Definitions of Acoustical Terms .......................................................................................................................6 Table 3: Human Reaction and Damage to Buildings for Continuous or Frequent Intermittent Vibrations.................10 Table 4: Noise Compatibility Guidelines......................................................................................................................12 Table 5: Existing Noise Measurements........................................................................................................................15 Table 6: Sensitive Receptors........................................................................................................................................17 Table 7: Typical Construction Noise Levels..................................................................................................................20 Table 8: Project Construction Noise Levels .................................................................................................................22 Table 9: Typical Construction Equipment Vibration Levels.........................................................................................25

EXHIBITS
Figure 1: Regional Location Map ...................................................................................................................................2 Figure 2: Project Vicinity Map........................................................................................................................................3 Figure 3: Site Plan ..........................................................................................................................................................4 Figure 4: Noise Measurement Locations.....................................................................................................................16

APPENDICES
Appendix A: Noise Data

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Acoustical Assessment
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LIST OF ABBREVIATED TERMS
APN Assessor’s Parcel Number
ADT Average daily traffic
dBA A-weighted sound level
CEQA California Environmental Quality Act
CLSP California Landings Specific Plan
CSMA California Subdivision Map Act
CNEL Community equivalent noise level
Ldn Day-night noise level
dB Decibel
du/ac Dwelling units per acre
Leq Equivalent noise level
FHWA Federal Highway Administration
FTA Federal Transit Administration
HVAC Heating ventilation and air conditioning
Hz Hertz
HOA Homeowner’s association
in/sec Inches per second
Lmax Maximum noise level
µPa Micropascals
Lmin Minimum noise level
PPV Peak particle velocity
RMS Root mean square
VdB Vibration velocity level

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Acoustical Assessment
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1 INTRODUCTION
This report documents the results of an Acoustical Assessment completed for the Greens Indio Project (“Project” or “proposed Project”). The purpose of this Acoustical Assessment is to evaluate the potential construction and operational noise and vibration levels associated with the Project and determine the level of impact the Project would have on the environment.

1.1 Project Location and Setting
The Project site is located at the northeastern corner of Jackson Street and Avenue 42 (APNs 692-670- 001, -014, and -017), in the City of Indio (City), California; refer to Figure 1, Regional Location Map. The Project site is approximately 6.34 acres and regional access to the Project site is provided via Interstate 10 (I-10). Local access to the Project site is provided via Jackson Street and Avenue 42, both four-lane roadways. The Project site is surrounded by commercial uses to the west, north, and south, a golf course to the east, and residential uses to the north. The site is bordered by a surface parking lot to the north, Jackson Street to the west, Avenue 42 to the south, and the Lights at Indio Golf Course to the east; refer to Figure 2, Project Vicinity Map.

1.2 Project Description
The Project proposes a mixed-use development consisting of 13,288 square feet (sf) of commercial retail space including the following: a 3,750 sf fast food restaurant with drive-through; a 980 sf coffee shop with drive-through; a 3,996 sf fast food restaurant with drive-through; and a 4,562 sf high turnover sit down restaurant with a patio opening up to the golf course; refer to Figure 3, Site Plan. As noted above, Project site’s ingress and egress would be provided via four driveways with two located on Jackson Street and two located on Avenue 42. Approximately 17 percent (approximately 38,823 sf) of the Project site area would be landscaped.

Project implementation would require the construction of new on-site and off-site utility infrastructure connections to serve the proposed commercial retail uses. These utilities would be connected to existing utility infrastructure. Trenching for new electrical conduit and wire would occur on the north side of Avenue 42 behind the existing sidewalk and from the single-family development to the western boundary of the Project site. The off-site trenching would be approximately 1,250 feet from the western boundary of the single-family residential development to the eastern terminus of the Project site. Trenching and construction activities associated with these off-site improvements are evaluated as a part of the overall Project.

Construction is anticipated to occur over a duration of approximately eight months, commencing in January 2024.

Parking
The Project is anticipated to provide 245 vehicle parking stall and 10 bicycle parking spaces would be provided on-site. Additionally, a new golf course parking lot, consisting of 87 parking stalls, will be constructed on City owned property located on the southeastern corner of the site, for use by the golf course as part of this Project refer to Figure 3.

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1831 of 3061 The Greens Indio Project Not to scale
Source: USGS, 2023
Figure 1: Regional Location Map Monroe St N Sun City Blvd Madison St
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Not to scale
Source: Google Earth, 2023.

Figure 2: Project Vicinity Map
The Greens Indio Project
Project Site
Off-Site Improvements
Legend

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Not to scale
Figure 3: Site Plan
The Greens Indio Project
Source: Bickel Group Architecture, 2023
N.A.P.

EXISTING

AUTO PARTS
& SERVICE
N.A.P.

EXISTING

GAS STATION,

CONVENIENCE STORE,
& CAR WASH
AVENUE 42

JACKSON STREET
S 89°31'2" E 239.91'
S 0°7'52" W 243.11'
S 0°0'0" E 151.29'
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±3,750 SF
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65' 24
16 24
11 2
3 TE
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±980 SF 28 5
5 43
6 BLDG 2
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12 COVERED
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±2,270 SF
60'
50'
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STALLS (NOT

INCLUDED IN PARKING

CALCULATIONS)
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18 13
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82'-2"
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SHADE

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SHADE

STRUCTURE
NORTH

SITE INFORMATION
APN: 692-670-001,
692-670-014,
692-670-017
TOTAL PARCEL AREA: ±266,735 SF (±6.12 AC)
TOTAL BLDG AREA: ±13,288 SF
FLOOR AREA RATIO (FAR): ±0.050

PARKING INFORMATION
PARKING REQUIREMENT: 1 STALL / 100 SF
STALLS REQUIRED: 133 STALLS
STALLS PROVIDED: 245 STALLS
PARKING RATIO: ±18.4/1,000 SF

VICINITY MAP

NOT TO SCALE

PROJECT SITE
143
AVENUE 42

JACKSON ST

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City of Indio The Greens Indio Project
Acoustical Assessment
August 2023
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2 ACOUSTIC FUNDAMENTALS

2.1 Sound and Environmental Noise
Acoustics is the science of sound. Sound can be described as the mechanical energy of a vibrating object transmitted by pressure waves through a medium (e.g., air) to human (or animal) ear. If the pressure variations occur frequently enough (at least 20 times per second), they can be heard and are called sound.

The number of pressure variations per second is called the frequency of sound and is expressed as cycles per second, or hertz (Hz).

Noise is defined as loud, unexpected, or annoying sound. The fundamental model consists of a noise source, a receptor, and the propagation path between the two. The loudness of the noise source, obstructions, or atmospheric factors affecting the propagation path, determine the perceived sound level and noise characteristics at the receptor. Acoustics deal primarily with the propagation and control of sound. A typical noise environment consists of ambient noise that is the sum of many distant and indistinguishable noise sources. Superimposed on this ambient noise is the sound from individual local sources. These sources can vary from an occasional aircraft or train passing by to continuous noise from traffic on a major highway. Perceptions of sound and noise are highly subjective from person to person.

Measuring sound directly in terms of pressure would require a large range of numbers. To avoid this, the decibel (dB) scale was devised. The dB scale uses the hearing threshold of 20 micro-pascals (µPa) as a point of reference, defined as 0 dB. Other sound pressures are then compared to this reference pressure, and the logarithm is taken to keep the numbers in a practical range. The dB scale allows a million-fold increase in pressure to be expressed as 120 dB, and changes in levels correspond closely to human perception of relative loudness. Table 1: Typical Noise Levels provides typical noise levels.

Table 1: Typical Noise Levels
Common Outdoor Activities Noise Level (dBA) Common Indoor Activities – 110 – Rock Band
Jet fly-over at 1,000 feet
– 100 –
Gas lawnmower at 3 feet
– 90 –
Diesel truck at 50 feet at 50 miles per hour Food blender at 3 feet – 80 – Garbage disposal at 3 feet
Noisy urban area, daytime
Gas lawnmower, 100 feet – 70 – Vacuum cleaner at 10 feet Commercial area Normal Speech at 3 feet
Heavy traffic at 300 feet – 60 –
Large business office
Quiet urban daytime – 50 – Dishwasher in next room
Quiet urban nighttime – 40 – Theater, large conference room (background) Quiet suburban nighttime
– 30 – Library
Quiet rural nighttime Bedroom at night, concert hall (background) – 20 –
Broadcast/recording studio
– 10 –
Lowest threshold of human hearing – 0 – Lowest threshold of human hearing Source: California Department of Transportation, Technical Noise Supplement to the Traffic Noise Analysis Protocol, September 2013.

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Acoustical Assessment
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Noise Descriptors
The dB scale alone does not adequately characterize how humans perceive noise. The dominant frequencies of a sound have a substantial effect on the human response to that sound. Several rating scales have been developed to analyze the adverse effect of community noise on people. Because environmental noise fluctuates over time, these scales consider that the effect of noise on people is largely dependent on the total acoustical energy content of the noise, as well as the time of day when the noise occurs. The equivalent noise level (Leq) represents the equivalent continuous sound pressure level over the measurement period, while the day-night noise level (Ldn) and Community Equivalent Noise Level (CNEL) are measures of sound energy during a 24-hour period, with dB weighted sound levels from 7:00 p.m. to 7:00 a.m. Most commonly, environmental sounds are described in terms of Leq that has the same acoustical energy as the summation of all the time-varying events. Each is applicable to this analysis and defined in Table 2: Definitions of Acoustical Terms.

Table 2: Definitions of Acoustical Terms
Term Definitions
Decibel (dB) A unit describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure. The reference pressure for air is 20.

Sound Pressure Level Sound pressure is the sound force per unit area, usually expressed in µPa (or 20 micronewtons per square meter), where 1 pascal is the pressure resulting from a force of 1 newton exerted over an area of 1 square meter. The sound pressure level is expressed in dB as 20 times the logarithm to the base 10 of the ratio between the pressures exerted by the sound to a reference sound pressure (e.g. 20 µPa). Sound pressure level is the quantity that is directly measured by a sound level meter.

Frequency (Hz) The number of complete pressure fluctuations per second above and below atmospheric pressure. Normal human hearing is between 20 Hz and 20,000 Hz. Infrasonic sound are below 20 Hz and ultrasonic sounds are above 20,000 Hz.

A-Weighted Sound Level (dBA) The sound pressure level in dB as measured on a sound level meter using the A-weighting filter network. The A-weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the frequency response of the human ear and correlates well with subjective reactions to noise.

Equivalent Noise Level (Leq) The average acoustic energy content of noise for a stated period of time. Thus, the Leq of a time-varying noise and that of a steady noise are the same if they deliver the same acoustic energy to the ear during exposure. For evaluating community impacts, this rating scale does not vary, regardless of whether the noise occurs during the day or the night.

Maximum Noise Level (Lmax)
Minimum Noise Level (Lmin)
The maximum and minimum dBA during the measurement period.

Exceeded Noise Levels
(L01, L10, L50, L90)
The dBA values that are exceeded 1%, 10%, 50%, and 90% of the time during the measurement period.

Day-Night Noise Level (Ldn) A 24-hour average Leq with a 10-dBA weighting added to noise during the hours of 10:00 p.m. to 7:00 a.m. to account for noise sensitivity at nighttime. The logarithmic effect of these additions is that a 60 dBA 24-hour Leq would result in a measurement of 66.4 dBA Ldn.

Community Noise Equivalent
Level (CNEL)
A 24-hour average Leq with a 5-dBA weighting during the hours of 7:00 a.m. to 10:00 a.m. and a 10-dBA weighting added to noise during the hours of 10:00 p.m. to 7:00 a.m. to account for noise sensitivity in the evening and nighttime, respectively. The logarithmic effect of these additions is that a 60 dBA 24-hour Leq would result in a measurement of

66.7 dBA CNEL.

Ambient Noise Level The composite of noise from all sources near and far. The normal or existing level of environmental noise at a given location.

Intrusive That noise which intrudes over and above the existing ambient noise at a given location.

The relative intrusiveness of a sound depends on its amplitude, duration, frequency, and time of occurrence and tonal or informational content as well as the prevailing ambient noise level.

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The A-weighted decibel (dBA) sound level scale gives greater weight to the frequencies of sound to which the human ear is most sensitive. Because sound levels can vary markedly over a short period of time, a method for describing either the average character of the sound or the statistical behavior of the variations must be utilized. Most commonly, environmental sounds are described in terms of an average level that has the same acoustical energy as the summation of all the time-varying events.

The scientific instrument used to measure noise is the sound level meter. Sound level meters can accurately measure environmental noise levels to within about plus or minus 1 dBA. Various computer models are used to predict environmental noise levels from sources, such as roadways and airports. The accuracy of the predicted models depends on the distance between the receptor and the noise source.

A-Weighted Decibels
The perceived loudness of sounds is dependent on many factors, including sound pressure level and frequency content. However, within the usual range of environmental noise levels, perception of loudness is relatively predictable and can be approximated by dBA values. There is a strong correlation between dBA and the way the human ear perceives sound. For this reason, the dBA has become the standard tool of environmental noise assessment. All noise levels reported in this document are in terms of dBA, but are expressed as dB, unless otherwise noted.

Addition of Decibels
The dB scale is logarithmic, not linear, and therefore sound levels cannot be added or subtracted through ordinary arithmetic. Two sound levels 10 dB apart differ in acoustic energy by a factor of 10. When the standard logarithmic dB is A-weighted, an increase of 10 dBA is generally perceived as a doubling in loudness. For example, a 70-dBA sound is half as loud as an 80-dBA sound and twice as loud as a 60-dBA sound.1 When two identical sources are each producing sound of the same loudness, the resulting sound level at a given distance would be 3 dBA higher than one source under the same conditions.2 Under the dB scale, three sources of equal loudness together would produce an increase of approximately 5 dBA.

Sound Propagation and Attenuation
Sound spreads (propagates) uniformly outward in a spherical pattern, and the sound level decreases (attenuates) at a rate of approximately 6 dB for each doubling of distance from a stationary or point source. Sound from a line source, such as a highway, propagates outward in a cylindrical pattern. Sound levels attenuate at a rate of approximately 3 dB for each doubling of distance from a line source, such as a roadway, depending on ground surface characteristics.3 No excess attenuation is assumed for hard surfaces like a parking lot or a body of water. Soft surfaces, such as soft dirt or grass, can absorb sound, so an excess ground-attenuation value of 1.5 dB per doubling of distance is normally assumed.

Noise levels may also be reduced by intervening structures; generally, a single row of buildings between the receptor and the noise source reduces the noise level by about 5 dBA, while a solid wall or berm reduces noise levels by 5 to 10 dBA.4 The way older homes in California were constructed generally 1 FHWA, Noise Fundamentals, 2017. Available at:
https://www.fhwa.dot.gov/environMent/noise/regulations_and_guidance/polguide/polguide02.cfm 2 Ibid. 3 California Department of Transportation, Technical Noise Supplement to the Traffic Noise Analysis Protocol, Page 2-29, September 2013. 4 James P. Cowan, Handbook of Environmental Acoustics, 1994.

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provides a reduction of exterior-to-interior noise levels of about 20 to 25 dBA with closed windows. The exterior-to-interior reduction of newer residential units is generally 30 dBA or more.

Human Response to Noise
The human response to environmental noise is subjective and varies considerably from individual to individual. Noise in the community has often been cited as a health problem, not in terms of actual physiological damage, such as hearing impairment, but in terms of inhibiting general well-being and contributing to undue stress and annoyance. The health effects of noise in the community arise from interference with human activities, including sleep, speech, recreation, and tasks that demand concentration or coordination. Hearing loss can occur at the highest noise intensity levels.

Noise environments and consequences of human activities are usually well represented by median noise levels during the day or night or over a 24-hour period. Environmental noise levels are generally considered low when the CNEL is below 60 dBA, moderate in the 60 to 70 dBA range, and high above 70 dBA. Examples of low daytime levels are isolated, natural settings with noise levels as low as 20 dBA and quiet, suburban, residential streets with noise levels around 40 dBA.5 Noise levels above 45 dBA at night can disrupt sleep. Examples of moderate-level noise environments are urban residential or semicommercial areas (typically 55 to 60 dBA) and commercial locations (typically 60 dBA). People may consider louder environments adverse, but most will accept the higher levels associated with noisier urban residential or residential-commercial areas (60 to 75 dBA) or dense urban or industrial areas (65 to 80 dBA). Regarding increases in dBA, the following relationships should be noted6 :
 Except in carefully controlled laboratory experiments, a 1-dBA change cannot be perceived by humans.
 Outside of the laboratory, a 3-dBA change is considered a just-perceivable difference.  A minimum 5-dBA change is required before any noticeable change in community response would be expected. A 5-dBA increase is typically considered substantial.  A 10-dBA change is subjectively heard as an approximate doubling in loudness and would almost certainly cause an adverse change in community response.

Effects of Noise on People
Hearing Loss. While physical damage to the ear from an intense noise impulse is rare, a degradation of auditory acuity can occur even within a community noise environment. Hearing loss occurs mainly due to chronic exposure to excessive noise but may be due to a single event such as an explosion. Natural hearing loss associated with aging may also be accelerated from chronic exposure to loud noise. The Occupational Safety and Health Administration has a noise exposure standard that is set at the noise threshold where hearing loss may occur from long-term exposures. The maximum allowable level is 90 dBA averaged over 8 hours. If the noise is above 90 dBA, the allowable exposure time is correspondingly shorter.

Annoyance. Attitude surveys are used for measuring the annoyance felt in a community for noises intruding into homes or affecting outdoor activity areas. In these surveys, it was determined that causes for annoyance include interference with speech, radio and television, house vibrations, and interference 5 Compiled from James P. Cowan, Handbook of Environmental Acoustics, 1994 and Cyril M. Harris, Handbook of Noise Control, 1979. 6 Compiled from California Department of Transportation, Technical Noise Supplement to the Traffic Noise Analysis Protocol, September 2013, and FHWA, Noise Fundamentals, 2017.

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with sleep and rest. The Ldn as a measure of noise has been found to provide a valid correlation of noise level and the percentage of people annoyed. People have been asked to judge the annoyance caused by aircraft noise and ground transportation noise. There continues to be disagreement about the relative annoyance of these different sources. A noise level of about 55 dBA Ldn is the threshold at which a substantial percentage of people begin to report annoyance7 .

2.2 Ground-Borne Vibration
Sources of ground-borne vibrations include natural phenomena (earthquakes, volcanic eruptions, sea waves, landslides, etc.) or man-made causes (explosions, machinery, traffic, trains, construction equipment, etc.). Vibration sources may be continuous (e.g., factory machinery) or transient (e.g., explosions or heavy equipment use during construction). Ground vibration consists of rapidly fluctuating motions or waves with an average motion of zero. Several different methods are typically used to quantify vibration amplitude. One is vibration decibels (VdB) (the vibration velocity level in decibel scale). Other methods are the peak particle velocity (PPV) and the root mean square (RMS) velocity. The PPV is defined as the maximum instantaneous positive or negative peak of the vibration wave. The RMS velocity is defined as the average of the squared amplitude of the signal. The PPV and RMS vibration velocity amplitudes are used to evaluate human response to vibration.

Table 3: Human Reaction and Damage to Buildings for Continuous or Frequent Intermittent Vibrations, displays the reactions of people and the effects on buildings produced by continuous vibration levels. The annoyance levels shown in the table should be interpreted with care since vibration may be found to be annoying at much lower levels than those listed, depending on the level of activity or the sensitivity of the individual. To sensitive individuals, vibrations approaching the threshold of perception can be annoying.

Low-level vibrations frequently cause irritating secondary vibration, such as a slight rattling of windows, doors, or stacked dishes. The rattling sound can give rise to exaggerated vibration complaints, even though there is very little risk of actual structural damage. In high noise environments, which are more prevalent where ground-borne vibration approaches perceptible levels, this rattling phenomenon may also be produced by loud airborne environmental noise causing induced vibration in exterior doors and windows.

Ground vibration can be a concern in instances where buildings shake, and substantial rumblings occur.

However, it is unusual for vibration from typical urban sources such as buses and heavy trucks to be perceptible. Common sources for ground-borne vibration are planes, trains, and construction activities such as earth-moving which requires the use of heavy-duty earth moving equipment. For the purposes of this analysis, a PPV descriptor with units of inches per second (in/sec) is used to evaluate constructiongenerated vibration for building damage and human complaints. 7 Federal Interagency Committee on Noise, Federal Agency Review of Selected Airport Noise Analysis Issues, August 1992.

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Table 3: Human Reaction and Damage to Buildings for Continuous or Frequent Intermittent Vibrations Maximum
PPV (in/sec)
Vibration Annoyance
Potential Criteria
Vibration Damage Potential
Threshold Criteria FTA Vibration Damage Criteria

0.008 --
Extremely fragile historic
buildings, ruins, ancient
monuments
--

0.01 Barely Perceptible -- --

0.04 Distinctly Perceptible -- --

0.1 Strongly Perceptible Fragile buildings --

0.12 -- -- Buildings extremely susceptible to
vibration damage

0.2 -- -- Non-engineered timber and masonry
buildings

0.25 -- Historic and some old buildings --

0.3 -- Older residential structures Engineered concrete and masonry (no plaster)

0.4 Severe -- --

0.5 --
New residential structures,
Modern industrial/commercial
buildings
Reinforced-concrete, steel or timber
(no plaster)
PPV = peak particle velocity; in/sec = inches per second; FTA = Federal Transit Administration Source: California Department of Transportation, Transportation and Construction Vibration Guidance Manual, 2020 and Federal Transit administration, Transit Noise and Vibration Assessment Manual, 2018.

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3 REGULATORY SETTING
To limit population exposure to physically or psychologically damaging as well as intrusive noise levels, the Federal government, the State of California, various county governments, and most municipalities in the State have established standards and ordinances to control noise.

3.1 Federal
Federal Transit Administration Noise and Vibration Guidance The Federal Transit Administration (FTA) has published the Transit Noise and Vibration Impact Assessment Manual (FTA Transit Noise and Vibration Manual) to provide guidance on procedures for assessing impacts at different stages of transit project development. The report covers both construction and operational noise impacts and describes a range of measures for controlling excessive noise and vibration. In general, the primary concern regarding vibration relates to potential damage from construction. The guidance document establishes criteria for evaluating the potential for damage for various structural categories from vibration.

3.2 State of California
California Government Code
California Government Code Section 65302(f) mandates that the legislative body of each county and city adopt a noise element as part of its comprehensive general plan. The local noise element must recognize the land use compatibility guidelines established by the State Department of Health Services. The guidelines rank noise land use compatibility in terms of “normally acceptable”, “conditionally acceptable”, “normally unacceptable”, and “clearly unacceptable” noise levels for various land use types. Single-family homes are “normally acceptable” in exterior noise environments up to 60 CNEL and “conditionally acceptable” up to 70 CNEL. Multiple-family residential uses are “normally acceptable” up to 65 CNEL and “conditionally acceptable” up to 70 CNEL. Schools, libraries, and churches are “normally acceptable” up to 70 CNEL, as are office buildings and business, commercial, and professional uses.

Title 24 – Building Code
The State’s noise insulation standards are codified in the California Code of Regulations, Title 24: Part 1, Building Standards Administrative Code, and Part 2, California Building Code. These noise standards are applied to new construction in California for interior noise compatibility from exterior noise sources. The regulations specify that acoustical studies must be prepared when noise-sensitive structures, such as residential buildings, schools, or hospitals, are located near major transportation noise sources, and where such noise sources create an exterior noise level of 65 dBA CNEL or higher. Acoustical studies that accompany building plans must demonstrate that the structure has been designed to limit interior noise in habitable rooms to acceptable noise levels. For new multi-family residential buildings, the acceptable interior noise limit for new construction is 45 dBA CNEL.

3.3 Local
City of Indio General Plan
The Indio General Plan identified goals, policies, and implementations in Chapter 11. The Noise Chapter contains goals, policies, and actions that seek to reduce community noise exposure to excessive noise levels through the establishment of noise level standards for a variety of land uses. Table 4: Noise

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Compatibility Guidelines describes the eight land-use categories and their outdoor noise compatibility guidelines.

Table 4: Noise Compatibility Guidelines
Land-Use Category
Exterior Noise Exposure (DNL), in dBA
Acceptable1
Conditionally
Acceptable2 Unacceptable3
Residential – Single family
residences, mobile homes,
senior housing, convalescent
homes
Up to 60 >60 to 75 >75
Residential - Multi-family
residences, mixed-use
(commercial/residential)
Up to 65 >65 to 75 >75
Transient Lodging – Motel,
Hotels, Resorts Up to 65 >65 to 75 >75
Schools, Churches, Hospitals,
Nursing Homes, Child Care
Facilities
Up to 65 >65 to 80 >80
Passive Recreational Parks,
Nature Preserves,
Contemplative Spaces,
Cemeteries
Up to 65 >65 to 75 >75
Active Parks, Golf Courses,
Athletic Fields, Outdoor
Spectator Sports, Water
Recreation
Up to 70 >70 to 75 >75
Office/Professional,
Government, Medical/Dental,
Commercial, Retail,
Laboratories
Up to 70 >70 to 75 >75
Industrial, Manufacturing,
Utilities, Agriculture, Mining,
Stables, Ranching, Warehouse,
Maintenance and Repair
Up to 70 >70 to 85 >85

1. Normally Acceptable – Specified land use is satisfactory, based upon the assumption that any buildings involved are of normal conventional construction, without any special noise insulation requirements.

2. Conditionally Acceptable – New construction or development should be undertaken only after a detailed noise analysis is conducted to determine if noise reduction measures are necessary to achieve acceptable levels for land use. If a project cannot mitigate noise to a level deemed Acceptable, the appropriate county decision-maker must determine that mitigation has been provided to the greatest extent practicable or that extraordinary circumstances exist.

3. Unacceptable – New construction or development shall not be undertaken.

Source: City of Indio General Plan, 2019.

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Chapter 11, Noise, of the General Plan identifies the following goals and policies related to noise:

Goal NE-1: Land Use Compatibility. A City where noise exposure is minimized for those living, working, and visiting the community.

NE 1.1: Protect noise-sensitive uses, such as residences, schools, health care facilities, hotels, libraries, and churches, from excessive noise levels through land use capability/adjacency build design, and noise ordinance enforcement.

NE 1.2: Apply the Noise Compatibility Matrix, shown in Table 11-1, as a guide for planning and development decisions. The City will require projects involving new development or modifications to existing development to implement mitigation measures, where necessary, to reduce noise levels to at least the normally compatible range shown in the City’s Noise Compatibility Matrix shown in Table 11-1. Mitigation measures should focus on architectural features and building design and construction, rather than site design features, such as excessive setbacks, berms, and sound walls, to maintain compatibility with adjacent and surrounding uses.

NE-1.6: Limit delivery or service hours for stores and businesses with loading areas, docks, or trash bins that front, side, border, or gain access on driveways next to residential and other noise sensitive areas, such as residences, schools, hospitals, religious meeting spaces, and recreation areas.

NE-1.7: Prioritize the building design and character policies in the Land Use and Community Character Element over those in the Noise Element to ensure that new development meets the design vision of the city. This policy will not apply when noise levels are clearly in the incompatible range as shown in the City’s Noise Compatibility Matrix shown in Table 11-1.

Goal NE-2: Mobile Noise Sources. A City with minimal mobile source-generated noise levels.

NE-2.4: Implement the policies listed under Goal 1 to reduce the impacts of roadway noise on noise-sensitive receptors where roadway noise exceeds the normally compatible range shown in the City’s Noise Compatibility Matrix shown in Table 11-1.

NE-2.5: Require the use of traffic calming measures such as reduced speed limits or roadway design features to reduce noise levels where roadway noise exceeds the normally compatible range shown in the City’s Noise Compatibility Matrix shown in Table 11-1.

Goal NE-3: Stationary Noise Sources. A City with minimal stationary source-generated noise levels.

NE-3.1: Minimize noise conflicts between neighboring properties through enforcement of applicable regulations, such as the City’s Noise Control Ordinance.

NE-3.3: Require noise generating uses, such as restaurants, bars, entertainment venues, and industrial manufacturing operations to minimize noise impacts on adjacent noise-sensitive receptors when there is a potential for adverse noise impacts to occur.

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NE-3.4: Require development to minimize the exposure of neighboring properties to excessive noise levels from construction-related activity during all phases of construction.

City of Indio Municipal Code
Per Section 95C.08 Disturbing, Excessive, Offensive Noises or Vibration Created by Vehicles, Tools, Machinery; Declaration of Certain Acts Constituting, the following activities, among others, are declared to cause disturbing, excessive or offensive noises or vibration in violation of this section but such enumeration shall not be deemed to be exclusive, namely:
b. Controlled hours of operation. Notwithstanding the provisions of Chapter 151 of the City’s Code it shall be unlawful for any person to operate, permit, use or cause to operate, any of the following:

2. Loading and unloading of vehicles, operating of fork lifts or cranes within 1,000 feet of a residence [exempted if distance from residential area exceeds 1,000 feet or as it may be reduced by the Planning Commission subject to design review or conditional use permit]; and

3. Construction tools and machinery
Other than between the hours of:

Pacific Standard Time.
a. Monday through Friday, 7:00 AM through 6:00 PM
b. Saturday, 8:00 AM through 6:00 PM
c. Sunday, 9:00 AM through 5:00 PM
d. Government Holidays, 9:00 AM through 5:00 PM
Pacific Daylight Time.
a. Monday through Friday, 6:00 AM through 6:00 PM
b. Saturday, 7:00 AM through 6:00 PM
c. Sunday, 9:00 AM through 5:00 PM
d. Government Holidays, 9:00 AM through 5:00 PM

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4 EXISTING CONDITIONS

4.1 Existing Noise Sources
The City is impacted by various noise sources. Mobile sources of noise, especially cars, trucks, and trains are the most common and significant sources of noise. Other noise sources are the various land uses (i.e., residential, commercial, institutional, and recreational and parks activities) throughout the City that generate stationary-source noise.

Mobile Sources
The predominant mobile noise source near the Project site is the traffic noise along Avenue 42, which is located directly south of the site, and Jackson Street, which is located to the west. I-10 is located approximately 0.5-mile to the south of the Project site and is also a contributor to mobile traffic noise in the vicinity of the site.

Stationary Sources
The primary sources of stationary noise in the vicinity of the Project site are those associated with the operations of adjacent commercial uses surrounding the site. The noise associated with these sources may represent a single-event noise occurrence or short-term noise. Other noises include those typical of urban areas, including mechanical equipment (e.g., heating ventilation and air conditioning [HVAC] equipment), dogs barking, idling vehicles, and employee/patron talking.

4.2 Noise Measurements
To quantify existing ambient noise levels in the Project area, Kimley-Horn conducted fourshort-term noise measurements on January 31, 2023; see Appendix A: Noise Data. The noise measurement sites were representative of typical existing noise exposure within and immediately adjacent to the Project site. The 10-minute measurements were taken between 11:11 a.m. and 12:07 p.m. near potential and existing sensitive receptors (see Figure 4, Noise Measurement Locations) surrounding the site. Short-term Leq measurements are considered representative of the noise levels throughout the day. The noise levels and sources of noise measured at each location are listed in Table 5: Existing Noise Measurements.

Table 5: Existing Noise Measurements
Site Location
Leq
(dBA)
Lmin
(dBA)
Lmax
(dBA) Time
1 Corner of Avenue 42 and Gold Course Drive, by the Lights Golf Course Office 58.3 48.3 71.4 11:11 a.m.
2 North of Avenue 42, in between Jackson Street and Golf Course Road 65.8 55.3 77.0 11:25 a.m.
3 Corner of Generations Drive and Jackson Street 66.4 40.7 79.4 11:45 a.m. 4 Jackson Street between Desert Trace Way and Generations Drive 63.4 42.4 76.1 11:57 a.m.

Source: Noise measurements taken by Kimley-Horn, January 31, 2023. See Appendix A for noise measurement results.

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Figure 4: Noise Measurement Locations
Source: Nearmap, 2023
Jackson Street
Avenue 42
Greenbrier Drive
Generations Drive
Legend
Short Term Noise Measurement Location
Project Site
ST-2
ST-1
ST-4
ST-3

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4.3 Sensitive Receptors
Sensitive populations are more susceptible to the effects of noise pollution than is the general population.

Sensitive receptors that are in proximity to stationary sources of noise and vibration are of particular concern. Noise sensitive uses typically include residences, hospitals, schools, childcare facilities, and places of assembly. Vibration sensitive receivers are generally similar to noise sensitive receivers but may also include businesses, such as research facilities and laboratories that use vibration-sensitive equipment. Sensitive land uses within 1,000 feet of the Project site consist of single-family residential communities. Sensitive land uses nearest to the Project site are shown in Table 6: Sensitive Receptors.

Table 6: Sensitive Receptors
Receptor Description Distance1 and Direction from the Project Single-Family Residences 150 feet to the southeast
Single-Family Residences 190 feet to the northwest

1. Distance measured from the Project site boundary to the nearest sensitive receptor property line.

Source: Google Earth, 2023.

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5 SIGNIFICANCE CRITERIA AND METHODOLOGY

5.1 CEQA Thresholds
Appendix G of the California Environmental Quality Act (CEQA) Guidelines contains analysis guidelines related to noise impacts. These guidelines have been used by the City to develop thresholds of significance for this analysis. A project would create a significant environmental impact if it would:
 Generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies;
 Generate excessive ground-borne vibration or ground-borne noise levels; and  For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, expose people residing or working in the Project area to excessive noise levels.

5.2 Methodology
Construction
Construction noise levels were based on typical noise levels generated by construction equipment published by the Federal Transit Administration (FTA) and FHWA. Construction noise is assessed in dBA Leq. This unit is appropriate because Leq can be used to describe noise level from operation of each piece of equipment separately, and levels can be combined to represent the noise level from all equipment operating during a given period.

Reference noise levels are used to estimate operational noise levels at nearby sensitive receptors based on a standard noise attenuation rate of 6 dB per doubling of distance (line-of-sight method of sound attenuation for point sources of noise). Noise level estimates do not account for the presence of intervening structures or topography, which may reduce noise levels at receptor locations. Therefore, the noise levels presented herein represent a conservative, reasonable worst-case estimate of actual temporary construction noise.

The City of Indio has not adopted a numerical threshold that identifies what a substantial increase would be. For purposes of this analysis, the criteria from the FTA Transit Noise and Vibration Manual is used to establish significance thresholds. The FTA provides reasonable criteria for assessing construction noise impacts based on the potential for adverse community reaction. For residential uses, the daytime noise threshold is 80 dBA Leq averaged over an 8-hour period (Leq (8-hr); and the nighttime noise threshold is 70 dBA Leq (8-hr). For commercial uses, the daytime and nighttime noise threshold is 85 dBA Leq (8-hr). In compliance with the City’s Municipal Code, it is assumed that construction would not occur during the noise-sensitive nighttime hours.

Operations
The analysis of the Project’s noise environment is based on noise prediction modeling and empirical observations. Reference noise level data are used to estimate the Project’s operational noise impacts from stationary sources. Noise levels were collected from published sources from similar types of activities and used to estimate noise levels expected with the Project’s stationary sources. The reference noise levels are used to represent a worst-case noise environment as noise level from stationary sources can vary

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throughout the day. Operational noise is evaluated based on the standards within the City’s noise standards and General Plan. Per the City of Indio General Plan, exterior noise levels of up to 60 dBA CNEL are “acceptable for single-family residential uses, 65 dBA CNEL are “acceptable” for multi-family residential uses, and levels up to 75 dBA CNEL are “conditionally acceptable” for both single-family and multi‐family residential uses.

Vibration
Ground-borne vibration levels associated with construction activities for the Project were evaluated utilizing typical ground-borne vibration levels associated with construction equipment, obtained from FTA published data for construction equipment. Potential ground-borne vibration impacts related to building/structure damage and interference with sensitive existing operations were evaluated, considering the distance from construction activities to nearby land uses and typically applied criteria for structural damage and human annoyance. Per FTA guidance, a vibration limit of 12.7 millimeters per second (mm/sec; 0.5 inch/sec) PPV is used for buildings that are structurally sound and designed to modern engineering standards. A conservative vibration limit of five mm/sec (0.2 inches/sec) PPV has been used for buildings that are found to be structurally sound but where structural damage is a major concern. For historic buildings or buildings that are documented to be structurally weakened, a conservative limit of two mm/sec (0.08 inches/sec) PPV is used to provide the highest level of protection.

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6 POTENTIAL IMPACTS AND MITIGATION

6.1 Acoustical Impacts
Threshold 6.1 Would the Project generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Construction
Construction noise typically occurs intermittently and varies depending on the nature or phase of construction (e.g., land clearing, grading, excavation, paving). Noise generated by construction equipment, including earth movers, material handlers, and portable generators, can reach high levels.

During construction, exterior noise levels could affect the residential neighborhoods located to the northwest and southeast of the construction site. However, it is acknowledged that construction activities would occur throughout the Project site and would not be concentrated at a single point near sensitive receptors.

Construction activities would include site preparation, grading, building construction, paving, and architectural coating. Typical operating cycles for the construction equipment used in these phases may involve 1 or 2 minutes of full power operation followed by 3 to 4 minutes at lower power settings. Other primary sources of acoustical disturbance would be random incidents, which would last less than one minute (such as dropping material or the hydraulic movement of machinery lifts). Noise generated by construction equipment, including earth movers, material handlers, and portable generators, can reach high levels. Typical noise levels associated with individual construction equipment are listed in Table 7:

Typical Construction Noise Levels.

Table 7: Typical Construction Noise Levels
Equipment
Typical Noise Level (dBA)
at 50 feet from Source
Air Compressor 80
Backhoe 80
Compactor 82
Concrete Mixer 85
Concrete Pump 82
Concrete Vibrator 76
Crane, Derrick 88
Crane, Mobile 83
Dozer 85
Generator 82
Grader 85
Impact Wrench 85
Jack Hammer 88
Loader 80
Paver 85
Pile-driver (Impact) 101

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Table 7: Typical Construction Noise Levels
Equipment
Typical Noise Level (dBA)
at 50 feet from Source
Pile-driver (Sonic) 95
Pneumatic Tool 85
Pump 77
Roller 85
Saw 76
Scraper 85
Shovel 82
Truck 84
Source: Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual, September 2018.

Following the FTA’s methodology for quantitative construction noise assessments, the FHWA Roadway Construction Noise Model (RCNM) was used to predict construction noise. Per the FTA Transit Noise and Vibration Manual, when calculating construction noise, all construction equipment is assumed to operate simultaneously at the center of the active construction zone. Because in reality, equipment would be operating throughout the site and not all of the equipment would be operating at the point closest to the sensitive receptors and considering the distance between the center of the Project site and the sensitive receptors is a reasonable assumption.

The noise levels identified in Table 8: Project Construction Noise Levels, show the exterior construction noise at the nearest sensitive receptors, without accounting for attenuation from existing physical barriers. As shown in Table 8, construction noise levels would not exceed the applicable FTA construction noise thresholds. The highest exterior noise level at the nearest sensitive receptors would occur during the grading stage of construction and would be 64.4 dBA which is below the FTA’s 80 dBA Leq construction threshold.

Construction activities may also cause increased noise along site access routes due to movement of equipment and workers. However, compliance with the Municipal Code would minimize impacts from construction noise, as construction would be limited to daytime hours on weekdays and Saturdays.

As discussed above, construction noise levels associated with the proposed Project would not exceed the FTA’s construction noise thresholds and would be required to comply with the Municipal Code standards.

Therefore, the Project would result in a less than significant construction noise impact.

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Table 8: Project Construction Noise Levels
Construction Phase
Receptor Location Worst Case
Modeled
Noise Level,
dBA
Leq (8-hour) 2
FTA Noise
Standard,
dBA Leq 3 Land Use Exceeded?
Distance
(feet)1
Demolition
Residential 780 62.8 80 No
Residential 850 62.1 80 No
Site Preparation
Residential 780 61.2 80 No
Residential 850 60.4 80 No
Grading
Residential 780 64.4 80 No
Residential 850 63.7 80 No
Trenching
Residential 75 73.9 80 No
Residential 160 67.3 80 No
Paving
Residential 780 59.1 80 No
Residential 850 58.3 80 No
Building Construction
Residential 780 59.5 80 No
Residential 850 58.8 80 No
Architectural Coating
Residential 780 49.9 80 No
Residential 850 49.1 80 No

1. Distance measured from the center of the Project site to the receptor’s nearest property line. For trenching, distances are measured from the location of trenching activities to the receptor’s nearest property line.

2. Modeled noise levels conservatively assume the simultaneous operation of all pieces of equipment.

3. The FTA Noise and Vibration Manual establishes construction noise standards of 80 dBA Leq(8-hour) for residential uses and 85 dBA Leq(8-hour) for commercial uses.

Source: Federal Highway Administration, Roadway Construction Noise Model, 2006. Refer to Appendix A for noise modeling results.

Operations
Implementation of the proposed Project would create new sources of noise in the vicinity of the Project site. The major noise sources associated with the Project including the following:
 Mechanical equipment (e.g., trash compactors, air conditioners);  Drive-through operations;
 Outdoor dining;
 Parking areas (i.e., car door slamming, car radios, engine start-up, and car pass-by); and  Off-site traffic noise
Mechanical Equipment. Potential stationary noise sources related to long-term operation of the Project site would include mechanical equipment. Mechanical equipment (e.g., heating ventilation and air conditioning [HVAC] equipment) typically generates noise levels of approximately 52 dBA at 50 feet.8 At the closest sensitive receptor (the single-family residences located approximately 250 feet northwest of on-site mechanical equipment), mechanical equipment noise would attenuate to 38.0 dBA and would not 8 Elliott H. Berger, Rick Neitzel, and Cynthia A. Kladden, Noise Navigator Sound Level Database with Over 1700 Measurement Values, July 6, 2010.

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exceed the City’s allowable noise levels of 60 dBA for residential uses. Therefore, the proposed Project would result in a less than significant impact related to stationary noise levels.

Drive-Through Operations. The Project proposes three new drive-through restaurants on vacant land.

Drive-through menu boards and intercoms could be located to the west of the proposed restaurant building located in the northwestern corner of the Projectsite along Jackson Street, as well as to the south of the proposed restaurant building located in the southeastern corner of the Project site along Avenue

42. The Project would also include a drive-through coffee-shop located on the southwestern corner of the site. Project noise sources from drive-through operations include amplified speech from the intercom, idling vehicles, vehicles circulating along the drive-through lanes. The measured noise level associated with active drive-through operations is 64 dBA at a distance of 20 feet.9 The closest sensitive receptors to the proposed drive-through activities are the single-family residences located approximately 140 feet to the northwest of the Projectsite. At this distance, drive-through noise would attenuate to 47.1 dBA, which is below the City’s 60 dBA exterior noise level standards for residential uses. Therefore, the proposed Project would result in a less than significant impact related to drive-through noise levels.

Outdoor Dining. The Project would include an outdoor dining area on the eastern façade of the proposed high-turnover restaurant building located in the northeastern corner of the Project site. The outdoor dining area would be used by individuals or small groups to gather outside for a meal and may include low-level background music. Outdoor dining areas with music can generate noise levels up to approximately 82 dBA at one meter from the source.
10 At the nearest sensitive receptors (single-family
residences) located approximately 630 feet northwest of the outdoor dining area, outdoor dining noise would attenuate to 35.6 dBA and would not exceed the City’s allowable noise levels of 60 dBA for residential uses. Therefore, the proposed Project would result in a less than significant impact related to outdoor dining noise levels.

Parking Lot Noise. The Project would provide 242 parking stalls for passenger vehicles. Parking stalls would be located throughout the Project site. Nominal parking noise would occur within the on-site parking facilities. Traffic associated with parking lots is typically not of sufficient volume to exceed community noise standards, which are based on a time-averaged scale such as the CNEL scale. The instantaneous maximum sound levels generated by a car door slamming, engine starting up, and car passbys range from 53 to 61 dBA11 at 50 feet and may be an annoyance to adjacent noise-sensitive receptors.

Conversations in parking areas may also be an annoyance to nearby sensitive receptors. Sound levels of speech typically range from 33 dBA at 50 feet for normal speech to 50 dBA at 50 feet for very loud speech.12 It should be noted that parking lot noises are instantaneous noise levels compared to noise standards in the hourly Leq metric, which are averaged over the entire duration of a time period.

Parking lot noise would occur at the surface parking lot on-site and would attenuate to approximately

47.0 dBA at the nearest residential receptors located 250 feet northwest of the Project parking area and would not exceed the City’s allowable noise levels of 60 dBA for residential uses. Parking lot noise also currently occurs at the adjacent properties under existing conditions. Parking lot noise would be consistent with the existing noise in the vicinity and would be partially masked by background noise from 9 Drive-through noise sample collected at Raising Cane’s restaurant by Kimley-Horn on August 17, 2018. 10 Obtained from the SoundPLAN Essential version 5.0 reference noise level database. 11 Kariel, H. G., Noise in Rural Recreational Environments, Canadian Acoustics 19(5), 3-10, 1991. 12 Elliott H. Berger, Rick Neitzel, and Cynthia A. Kladden, Noise Navigator Sound Level Database with Over 1700 Measurement Values, 2015.

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traffic along area roadways. Noise associated with parking lot activities is not anticipated to exceed the City’s noise standards during operation. Therefore, noise impacts from parking lots would be less than significant.

Off-Site Traffic Noise. Implementation of the Project would generate increased traffic volumes along nearby roadway segments. Traffic data provided by Kimley-Horn (2023) shows that the proposed Project would generate 7,632 daily trips which would result in noise increases on Project area roadways. In general, a traffic noise increase of less than 3 dBA is barely perceptible to people, while a 5-dBA increase is readily noticeable.
13 Generally, traffic volumes on Project area roadways would have to approximately double for the resulting traffic noise levels to increase by 3 dBA. Therefore, permanent increases in ambient noise levels of less than 3 dBA are considered to be less than significant.

According to the Coachella Valley Association of Governments (CVAG) Coachella Valley Traffic Count Data 2010–2017, the average daily traffic along Jackson Street (the closest Collector Roadway with available traffic volumes) is 8,468 vehicles.
14 Therefore, the proposed Project would not generate sufficient traffic to double existing volumes and result in a permanent 3-dBA increase in ambient noise levels. Noise impacts associated with traffic would be less than significant.

Mitigation Measures: No mitigation is required.

Level of Significance: Less than significant impact.

Threshold 6.2 Would the Project generate excessive ground-borne vibration or ground-borne noise levels?
Increases in ground-borne vibration levels attributable to the proposed Project would be primarily associated with short‐term construction‐related activities. Construction on the Project site would have the potential to result in varying degrees of temporary ground-borne vibration, depending on the specific construction equipment used and the operations involved.

The Federal Transit Administration (FTA) has published standard vibration velocities for construction equipment operations in their 2018 Transit Noise and Vibration Impact Assessment Manual. The types of construction vibration impacts include human annoyance and building damage. In general, the FTA architectural damage criterion for continuous vibrations (i.e., 0.2 in/sec) appears to be conservative. The types of construction vibration impacts include human annoyance and building damage. Human annoyance occurs when construction vibration rises significantly above the threshold of human perception for extended periods of time (0.20 in/sec annoyance threshold)15. Building damage can be cosmetic or structural. Ordinary buildings that are not particularly fragile would not experience any cosmetic damage (e.g., plaster cracks) at distances beyond 30 feet. This distance can vary substantially depending on the soil composition and underground geological layer between vibration source and receiver. In addition, not all buildings respond similarly to vibration generated by construction equipment.

For example, for a building that is constructed with reinforced concrete with no plaster, the FTA guidelines 13 Federal Highway Administration, Highway Traffic Noise Analysis and Abatement Policy and Guidance, Noise Fundamentals, https://www.fhwa.dot.gov/environMent/noise/regulations_and_guidance/polguide/polguide02.cfm, accessed February 2, 2023. 14 Coachella Valley Association of Governments (CVAG), Coachella Valley Traffic Count Data 2010–2017, https://www.arcgis.com/apps/View/index.html?appid=fb9489b188e74be3b599afb52741849d, accessed February 2, 2023. This represents the closest intersection to the Project site for which recent traffic counts have been collected. 15 California Department of Transportation, Transportation and Construction Vibration Guidance Manual, Table 5, April 2020

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show that a vibration level of up to 0.20 in/sec is considered safe and would not result in any construction vibration damage.

The nearest structure to the Project site is the AutoZone Auto Parts building located approximately 30 feet to the west. The nearest residential structure is located approximately 75 feet northwest of the Project site. Table 9: Typical Construction Equipment Vibration Levels, lists vibration levels at 25 feet, 30 feet and 140 feet for typical construction equipment. Ground-borne vibration generated by construction equipment spreads through the ground and diminishes in magnitude with increases in distance. As indicated in Table 9, based on FTA data, vibration velocities from typical heavy construction equipment operations that could be used during Project construction range from 0.002 to 0.159 in/sec PPV at 30 feet from the source of activity (the distance from active construction zone to the nearest structure to the west), which is below the FTA’s 0.20 PPV threshold for structural damage and Caltrans threshold for annoyance. Therefore, vibration impacts associated with the Project construction would be less than significant.

Table 9: Typical Construction Equipment Vibration Levels Equipment
Peak Particle Velocity at
25 Feet (in/sec)
Peak Particle Velocity at 30
Feet (in/sec)1
Peak Particle Velocity at
140 Feet (in/sec)1
Vibratory Roller 0.210 0.159 0.040
Large Bulldozer 0.089 0.067 0.017
Loaded Trucks 0.076 0.058 0.015
Small Bulldozer/
Tractors

0.003 0.002 0.001

1. Calculated using the following formula: PPVequip = PPVref x (25/D)1.5, where: PPVequip = the peak particle velocity in in/sec of the equipment adjusted for the distance; PPVref = the reference vibration level in in/sec from Table 7-4 of the Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual, 2018; D = the distance from the equipment to the receiver.

2. Calculated using the following formula: Lv(D) = Lv(25 feet) - (30 x log10(D/25 feet)) per the FTA Transit Noise and Vibration Impact Assessment Manual (2018).

Source: Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual, 2018.

Once operational, the Project would not be a significant source of ground-borne vibration. Ground-borne vibration surrounding the Project currently result from heavy-duty vehicular travel (e.g., refuse trucks, heavy duty trucks, delivery trucks, and transit buses) on the nearby local roadways. Operations of the proposed Project would include periodic truck deliveries. Due to the rapid drop-off rate of ground-borne vibration and the short duration of the associated events, vehicular traffic-induced ground-borne vibration is rarely perceptible beyond the roadway right-of-way, and rarely results in vibration levels that cause damage to buildings in the vicinity. According to the FTA’s Transit Noise and Vibration Impact Assessment, trucks rarely create vibration levels that exceed 70 VdB (equivalent to 0.012 inches per second PPV) when they are on roadways. Therefore, trucks operating at the Project site or along surrounding roadways would not exceed FTA thresholds for building damage or annoyance. Impacts would be less than significant in this regard.

Mitigation Measures: No mitigation is required.

Level of Significance: Less than significant impact.

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Threshold 6.3 For a Project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project expose people residing or working in the Project area to excessive noise levels?
The nearest airport to the Projectsite is the Crown Aero Bermuda Dunes Airport, a public use strip, located approximately 2.9 miles to the west. The Project site is not within 2.0 miles of a public airport or private airfield, or identified within an airport land use plan. Therefore, the Project would not expose people residing or working in the Project area to excessive airport- or airstrip-related noise levels and no mitigation is required.

Mitigation Measures: No mitigation is required.

Level of Significance: Less than significant impact.

6.2 Cumulative Noise Impacts
Cumulative Construction Noise
The Project’s construction activities would not result in a substantial temporary increase in ambient noise levels. Construction noise would be periodic and temporary noise impacts that would cease upon completion of construction activities. The Project would contribute to other proximate construction Project noise impacts if construction activities were conducted concurrently. However, based on the noise analysis above, the Project’s construction-related noise impacts would be less than significant following the City of Indio Municipal Code and FTA Construction Noise Standards.

Construction activities at other planned and approved projects near the Project site would be required to comply with applicable City rules related to noise and would take place during daytime hours on the days permitted by the applicable Municipal Code, and projects requiring discretionary City approvals would be required to evaluate construction noise impacts, comply with the City’s standard conditions of approval, and implement mitigation, if necessary, to minimize noise impacts. Construction noise impacts are by nature localized. Based on the fact that noise dissipates as it travels away from its source, noise impacts would be limited to the Project site and vicinity. Therefore, Project construction would not result in a cumulatively considerable contribution to significant cumulative impacts, assuming such a cumulative impact existed, and impacts in this regard are not cumulatively considerable.

Cumulative Operational Noise
Cumulative Off-Site Traffic Noise. Cumulative noise impacts describe how much noise levels are projected to increase over existing conditions with the development of the proposed Project and other foreseeable projects. Cumulative noise impacts generally occur as a result of increased traffic on local roadways due to buildout of the proposed Project and other projects in the vicinity. However, the Project is projected to result in 7,632 net new daily vehicular trips and would result in a minimal traffic noise increase (less than 3.0 dBA) along local roadways. Therefore, the proposed Project’s contribution would not be cumulatively considerable.

Cumulative Stationary Noise. Stationary noise sources of the proposed Project would result in an incremental increase in non-transportation noise sources in the vicinity of the site. However, as discussed above, operational noise caused by the proposed Project would be less than significant. Similar to the proposed Project, other planned and approved projects would be required to mitigate for stationary noise

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impacts at nearby sensitive receptors, if necessary. As stationary noise sources are generally localized, there is a limited potential for other projects to contribute to cumulative noise impacts.

No known present or reasonably foreseeable projects would combine with the operational noise levels generated by the Project to increase noise levels above acceptable standards because each project must comply with applicable City regulations that limit operational noise. Therefore, the Project, together with other projects, would not create a significant cumulative impact, and even if there was such a significant cumulative impact, the Project would not make a cumulatively considerable contribution to significant cumulative operational noises.

Given that noise dissipates as it travels away from its source, operational noise impacts from on-site activities and other stationary sources would be limited to the Project site and immediate vicinity. Thus, cumulative operational noise impacts from related projects, in conjunction with Project-specific noise impacts, would not be cumulatively significant.

Mitigation Measures: No mitigation is required.

Level of Significance: Less than significant impact.

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7 REFERENCES

1. California Department of Transportation, Traffic Noise Analysis Protocol, 2011.

2. California Department of Transportation, Technical Noise Supplement to the Traffic Noise Analysis Protocol, 2013.

3. California Department of Transportation, Transportation and Construction Vibration Guidance Manual, 2020

4. City of Indio, General Plan, 2019.

5. City of Indio, Municipal Code, 2022.

6. Coachella Valley Association of Governments (CVAG), Coachella Valley Traffic Count Data 2010–2017, https://www.arcgis.com/apps/View/index.html?appid=fb9489b188e74be3b599afb52741849d, accessed February 2, 2023.

7. Elliott H. Berger, Rick Neitzel, and Cynthia A. Kladden, Noise Navigator Sound Level Database with Over 1700 Measurement Values, July 6, 2010

8. Federal Highway Administration, Noise Fundamentals, 2017.

9. Federal Highway Administration, Roadway Construction Noise Model, 2006.

10. Federal Interagency Committee on Noise, Federal Agency Review of Selected Airport Noise Analysis Issues, 1992.

11. Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual, 2018

12. James P. Cowan, Handbook of Environmental Acoustics, 1994

13. Kimley-Horn, Trip Generation for the Greens Indio Project, January 2023.

14. Kariel, H. G., Noise in Rural Recreational Environments, Canadian Acoustics 19(5), 3-10, 1991.

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NOISE DATA

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Construction Noise Impact on Sensitive ReceptorsParametersConstruction Hours: Daytime hours (7 am to 7 pm) 8 Evening hours (7 pm to 10 pm) 0Nighttime hours (10 pm to 7 am) 0 Leq to L10 factor 3
Receptor (Land Use)
Distance
(feet) Shielding Direction
1 Single Family NW 850 0 NW2 Single Family SE 780 0 SE3 Single Family NE 75 0 W4 Signle Family S 160 0 NW RECEPTOR RECEPTOR 2 1 RECEPTOR 3 RECEPTOR 4
Construction Phase Equipment Type
No. of
Equip.

Acoustical
Usage Factor
Reference
Noise Level at
50ft per Unit,
Lmax
Noise Level
at Receptor
1, Lmax
Noise Level
at Receptor
1, Leq
Noise Level
at Receptor
2, Lmax
Noise Level
at Receptor
2, Leq
Noise Level at
Receptor 3,
Lmax
Noise Level
at Receptor
3, Leq
Noise Level
at Receptor
4, Lmax
Noise Level
at Receptor
4, Leq
Demolition
Concrete Saw 1 20% 90 65.0 58.0 65.7 749515.8 58.7 86.1 81067630.2 79.1 79.5 17812711.7 72.5 Dozer 1 40% 82 57.1 53.1 57.8 243114.5 53.9 78.2 26295260.2 74.2 71.6 5777767.1 67.6 Tractor 2 40% 84 62.4 58.4 63.1 825735.2 59.2 83.5 89311517.6 79.5 76.9 19624112.7 72.9 Backhoe 1 40% 78 53.0 49.0 53.7 94582.5 49.8 74.1 10230043.3 70.1 67.5 2247812.3 63.5 Combined LEQ 62.1 62.8 83.2 76.6
Site Prep
Grader 1 40% 85 60.4 56.4 61.1 519769.5 57.2 81.5 56218269.5 77.5 74.9 12352647.1 70.9 Scraper 1 40% 84 59.0 55.0 59.7 376539.7 55.8 80.1 40726536.0 76.1 73.5 8948701.8 69.5 Tractor 1 40% 84 59.4 55.4 60.1 412867.6 56.2 80.5 44655758.8 76.5 73.9 9812056.4 69.9 Combined LEQ 60.4 61.2 81.5 74.9
Grading
Grader 2 40% 85 63.4 59.4 64.1 1039539.0 60.2 84.5 ######### 80.5 77.9 24705294.2 73.9 Dozer 2 40% 82 60.1 56.1 60.8 486228.9 56.9 81.2 52590520.5 77.2 74.6 11555534.3 70.6 Tractor 3 40% 84 64.2 60.2 64.9 1238602.8 60.9 85.2 ######### 81.3 78.7 29436169.1 74.7 Combined LEQ 63.7 64.4 84.8 78.2
Building Construction
Crane 1 16% 81 56.0 48.0 56.7 75486.8 48.8 77.1 8164648.0 69.1 70.5 1793990.0 62.5 Man Lift 2 20% 75 53.1 46.1 53.8 48507.7 46.9 74.2 5246594.2 67.2 67.6 1152816.1 60.6 Generator 1 50% 81 56.0 53.0 56.7 235896.1 53.7 77.1 25514524.9 74.1 70.5 5606218.9 67.5 Tractor 1 40% 84 59.4 55.4 60.1 412867.6 56.2 80.5 44655758.8 76.5 73.9 9812056.4 69.9 Welder/Torch 3 40% 74 54.2 50.2 54.9 123860.3 50.9 75.2 13396727.6 71.3 68.7 2943616.9 64.7 Combined LEQ 58.8 59.5 79.9 73.3
Paving
Concrete Mixer Truck 1 40% 79 54.2 50.2 54.9 124684.0 51.0 75.3 13485823.6 71.3 68.7 2963193.7 64.7 Paver 1 50% 77 52.6 49.6 53.3 107825.3 50.3 73.7 11662388.0 70.7 67.1 2562536.4 64.1 Roller 2 20% 80 58.4 51.4 59.1 164365.5 52.2 79.5 17777777.8 72.5 72.9 3906250.0 65.9 Tractor 1 40% 84 59.4 55.4 60.1 412867.6 56.2 80.5 44655758.8 76.5 73.9 9812056.4 69.9 Combined LEQ 58.3 59.1 79.4 72.8
Arch Coating
Compressor (air) 1 40% 78 53.1 49.1 53.8 96785.6 49.9 74.2 10468331.7 70.2 67.6 2300170.5 63.6 Combined LEQ 49.1 49.9 70.2 63.6
Trenching
Slurry Trenching Machine 1 50% 80 55.8 52.8 56.5 225279.1 53.5 76.9 24366182.1 73.9 70.3 5353897.4 67.3 #N/A #N/A 0.0 0.0 0.0 1.0 0.0 0.0 1.0 0.0 0.0 1.0 0.0
Combined LEQ 52.8 53.5 73.9 67.3
Source for Ref. Noise Levels: RCNM, 2005

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Project: Job Number: 094671010.1.103
Site No.: Date: 1/31/2023
Analyst: Time: 11:11-11:21
Location:

Noise Sources:

Comments:

Results (dBA):

Leq: Lmin: Lmax: Peak:

Measurement 1: 58.3 48.3 71.4 85.9
Sound Level Meter: LD SoundExpert LxT Temp. (degrees F): 57 Calibrator: CAL200 Wind (mph): 12
Response Time: Slow Sky: Clear
Weighting: A Bar. Pressure: 30.13"
Microphone Height: 5 feet Humidity: 15%
Photo:

Equipment Weather
The Greens Indio
ST-1
Kiana Graham and Skye Hansen
Corner of Avenue 42 and Golf Course Drive, near the Lights Golf Course office cars in parking lot, golf course pedestrains, birds, road traffic

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Project: Job Number: 094671010.1.103
Site No.: Date: 1/31/2023
Analyst: Time: 11:25-11:35
Location:

Noise Sources:

Comments:

Results (dBA):

Leq: Lmin: Lmax: Peak:

Measurement 1: 65.8 55.3 77.0 92.3
Sound Level Meter: LD SoundExpert LxT Temp. (degrees F): 57 Calibrator: CAL200 Wind (mph): 11
Response Time: Slow Sky: Clear
Weighting: A Bar. Pressure: 30.12"
Microphone Height: 5 feet Humidity: 15%
Photo:

Equipment Weather
The Greens Indio
ST-2
Kiana Graham and Skye Hansen
North of Avenue 42, in between Jackson St and Golf Course Rd road traffic

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Project: Job Number: 094671010.1.103
Site No.: Date: 1/31/2023
Analyst: Time: 11:45-11:55
Location:

Noise Sources:

Comments:

Results (dBA):

Leq: Lmin: Lmax: Peak:

Measurement 1: 66.4 40.7 79.4 95.8
Sound Level Meter: LD SoundExpert LxT Temp. (degrees F): 57 Calibrator: CAL200 Wind (mph): 11
Response Time: Slow Sky: Clear
Weighting: A Bar. Pressure: 30.12"
Microphone Height: 5 feet Humidity: 15%
Photo:

Equipment Weather
The Greens Indio
ST-3
Kiana Graham and Skye Hansen
Corner of Generations Dr and Jackson St
road traffic

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TRAFFIC STUDY

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1867 of 3061 9841 Irvine Center Dr, Suite 200 | Irvine, California 92618 | 949.878.3509 |www.tjwengineering.com September 11, 2023
Mr. Tom Carpenter

ALMQUIST
31791 Los Rios Street
San Juan Capistrano, CA 92675
Subject: The Greens Focused Traffic Study Memo, City of Indio Dear Mr. Carpenter:

TJW ENGINEERING, INC. (TJW) is pleased to present you with this traffic memo for The Greens (“Project”) located at the northeast corner of Jackson Street and Avenue 42 in the City of Indio. A focused traffic study for the proposed project was completed on August 2nd, 2023. Since the completion of the traffic study, a change in the square footage of the proposed building 3 drive-through restaurant has taken place. This memo provides an overview of the changes to the traffic study due to the increase in restaurant space.

Project Description
The previously proposed project consisted of constructing a 4,562 square foot drive-through restaurant for building 3. The proposed restaurant space has since been modified to 4,894 square feet of retail space resulting in an increase of 332 square feet. Site access and all other aspects of the project will remain the same.

Project Trip Generation
To determine if any traffic deficiencies would be created by the additional 332 square feet of restaurant space, a comparison of the trip generation was conducted. Utilizing the same methodology used in the previously conducted traffic study, Table 1 (attached) shows the trip generation for the previous building 3 and the new proposed building 3.1 The revised trip generation is proposed to increase by 17 daily trips, 1 AM peak hour trip, and 1 PM peak hour trip. The resulting increase in trip generation is minimal and is not likely to change the findings of the previous traffic study. Therefore, the recommended improvements presented in the previous traffic study would remain the same.
1 The focused traffic study (August 2nd, 2023) outlined building 3 at 4,562 square feet, however, the trip generation and analysis evaluated 4,820 square feet.

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1868 of 3061 The Greens
Focused Traffic Study Memo
ALM-23-001
2 Conclusion
In summary the restaurant space for building 3 is proposing an additional 332 square feet resulting in an additional 17 daily trips, 1 AM peak hour trips, and 1 PM peak hour trips. These additional trips are not anticipated to change the findings of the previous traffic study conducted on August 2nd, 2023. Further, all other findings will remain the same. Therefore, the additional 332 square feet of restaurant space will not result in any additional deficiencies.

Please contact us at (949) 878-3509 if you have any questions regarding this analysis.

Sincerely,
Gene Kim, PE, TE David Chew, PTP
Principal Engineer Transportation Planner
Registered Civil Engineer #83175
Registered Traffic Engineer #2684

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1869 of 3061 The Greens
Focused Traffic Study Memo
In Out Total In Out Total
Fast-Food Restaurant with Drive-Through
Window 934 4.82 TSF 467.48 2,253 44.61 51:49 110 105 215 33.03 52:48 83 76 159 Pass-By Trips (0.5 Daily, 0.5 AM, 0.55 PM) -1,127 -55 -53 -108 -46 -42 -88 Net Total 1,127 55 53 108 37 34 71
Fast-Food Restaurant with Drive-Through
Window 934 4.89 TSF 467.48 2,288 44.61 51:49 111 107 218 33.03 52:48 84 78 162 Pass-By Trips (0.5 Daily, 0.5 AM, 0.55 PM) -1,144 -56 -54 -109 -47 -43 -90 Net Total 1,144 56 54 109 37 35 72
1: Trip generation and pass-by rates from ITE Trip Generation (11th Edition, 2021). 2: TSF = Thousand Square Feet
Proposed Land Use1 Qty Unit2
Previous Building 3
Proposed Building 3
Project Trip Generation
Table 1
Rate Volume Rate
In:Out
Split
Volume
Rate
In:Out
Split
Daily AM Peak Hour PM Peak Hour
Volume ITE
Code
ALM-23-001

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9841 Irvine Center Drive, Suite 200 | Irvine, California 92618 | t: (949) 878‐3509 www.tjwengineering.com
August 2, 2023
Mr. Tom Carpenter

ALMQUIST
31791 Los Rios Street
San Juan Capistrano, CA 92675
SUBJECT: The Greens Focused Traffic Study, City of Indio Dear Mr. Carpenter,
TJW Engineering, Inc. (TJW) is pleased to submit this Focused Traffic Study for The Greens (“Project”) located at the northeast corner of Jackson Street and Avenue 42 in the City of Indio. The purpose of this memorandum isto evaluate circulation and striping recommendations atthe Project driveways, along with assessing the potential Project impact on The Greens parking and circulation.

Project Description
The Project is located at the northeast corner of Jackson Street and Avenue 42 in the City of Indio. The Project is comprised of the following land uses:
 Building 1 – 3,750 square feet of drive‐through restaurant  Building 2 – 3,996 square feet of quick serve restaurant or sit‐down restaurant  Building 3 – 4,562 square feet of drive‐through restaurant  Building 4 – 980 square feet of drive‐through coffee shop Access will be provided via three right‐in/right‐out only driveways on Jackson Street, along with one right‐ in/right‐out driveway and one full access driveway on Avenue 42. Additionally, the golf course parking lot and entrance will be relocated from west of the Avenue 42 driveway to east of the Avenue 42 driveway.

This will allow access to both the golf course and Project land uses from Avenue 42. The attached site plan illustrates the Project land use layout and the driveway locations.

Traffic Study Requirements
Per City of Indio staff, the following analyses/items are required as part of the traffic study:
 Turning movements, stacking distances, and capacity at each project driveway.  U‐turns and capacity at Jackson Street and Generations Drive.

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The Greens Focused Traffic Study
August 2, 2023

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ALM23001 The Greens Focused TS 08022023
 Turn lane capacity at Jackson Street and Avenue 42.
 Access and delay at the relocated golf course parking lot.  Need for an additional driveway at the east end of the relocated golf course parking lot.  Vehicle miles traveled (VMT) screening.

Project Trip Generation
The Project trip generation was calculated previously by Kimley‐Horn and Associates as part of the “Jackson Street and Avenue 42 Trip Generation” report dated January 2023. The trip generation was determined using trip generation rates from the latest edition of the Institute of Transportation Engineers Trip Generation Manual (11th Edition) and pass‐by rates from the Institute of Transportation Engineers Trip Generation Handbook (3rd Edition). The trip generation table from the Kimley‐Horn report is attached for reference.

The Project is projected to generate 6,393 net new daily trips, 377 net new AM peak hour trips, and 254 net new PM peak hour trips.

Project Trip Distribution
Projecting trip distribution involves the process of identifying probable destinations and traffic routes that will be utilized by the proposed project’s traffic. The potential interaction between the proposed land use and surrounding regional access routes are considered to identify the probable routes onto which project traffic would distribute. The projected trip distribution for the proposed project is based on anticipated travel patterns to and from the project site. The Project trip distribution and trip assignments are attached for reference.

Study Area
Stacking distances, turn lane capacities, and/or circulation have been assessed for the following intersections:

1. Jackson Street / Generations Drive‐Driveway

2. Jackson Street / Shopping Center Driveway‐AutoZone Driveway

3. Jackson Street / ARCO Driveway

4. Jackson Street / Avenue 42

5. West ARCO Driveway / Avenue 42

6. East ARCO Driveway / Avenue 42

7. Golf Course Drive / Avenue 42

8. Jackson Street / Project Driveway

9. Drive Aisle / Relocated Golf Course Parking

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1872 of 3061 Mr. Carpenter
The Greens Focused Traffic Study
August 2, 2023

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TJW Engineering, Inc.

ALM23001 The Greens Focused TS 08022023
To establish baseline conditions, new traffic counts were conducted at the study area intersections on May 18, 2023. These counts were then adjusted to achieve flow conservation, which ensures that traffic flow between two closely spaced intersections is maintained. In other words, counts were adjusted so that vehicles leaving one intersection are entering the adjacent intersection and there is no unexplained loss of vehicles. The count worksheets and flow conservation adjusted volumes are attached for reference.

Intersection and Driveway Evaluation Methodology
City of Indio staff has requested that access and delay be assessed for the relocated golf course parking lot. The County of Riverside traffic study guidelines require unsignalized intersection operations be analyzed utilizing the HCM 7th Edition methodology. Intersection operation for unsignalized intersections is based on the weighted average control delay expressed in seconds per vehicle.

At a two‐way or side‐street stop‐controlled intersections, Level of Service (LOS) is calculated for each stop‐controlled minor street movement, for the left‐turn movement(s) from the major street, and for the intersection as a whole. For approaches consisting of a single lane, the delay is calculated as the average of all movements in that lane. For all‐way stop‐controlled intersection, LOS is computed for the intersection as a whole.

The following table describes the general characteristics of traffic flow and accompanying delay ranges at unsignalized intersections.

HCM – LOS & Delay Ranges – Unsignalized Intersections
Level Of
Service Description Delay(in seconds)
A Little or no delays. 0 – 10.00
B Short traffic delays. 10.01 – 15.00
C Average traffic delays. 15.01 – 25.00
D Long traffic delays. Multiple vehicles in queue. 25.01 – 35.00 E Very long delays. Demand approaching capacity of intersection 35.01 – 50.00 F Very constrained flow with extreme delays and intersection capacity exceeded. > 50.01 Source: Transportation Research Board, Highway Capacity Manual, HCM7 Edition (Washington D.C., 2022).

This analysis utilizes PTV Vistro 2022 analysissoftware for all intersections. Vistro is a macroscopic traffic software program that is based on the signalized intersection capacity analysis specified in Chapter 16 of the HCM.

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The Greens Focused Traffic Study
August 2, 2023

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TJW Engineering, Inc.

ALM23001 The Greens Focused TS 08022023
Intersection and Driveway Evaluation Results
The County of Riverside has established LOS “D” as the threshold for acceptable intersection operations.

LOS analysis worksheets and Existing Plus Project volumes are attached for reference.

Level Of Service Analysis Results
Intersection
Existing Plus
Project
AM Delay
Existing Plus
Project
AM LOS
Existing Plus
Project
PM Delay
Existing Plus
Project
PM LOS
Drive Aisle / Relocated Golf Course Parking 9.12 A 9.00 A As shown above, the intersection of the relocated golf course parking operates at an acceptable LOS A during both peak hours in Existing Plus Project conditions. City of Indio staff has also requested that turning movements, stacking distances, and capacity at the Project driveways and study area intersections be assessed. The following table summarizes the results of the 95th percentile queue analysis, which represents the queue experienced within the 95th busiest cycle (i.e., 5% of the time):
95th Percentile Queue Analysis Results
Intersection Movement Storage Length
(ft)
Existing Plus Project
AM Queue (ft)
Existing Plus Project
PM Queue (ft)
Jackson Street / Generations
Drive NBL/U 90 <25 <25
Jackson Street / Shopping
Center‐Project Driveway
NBL 140 <25 <25
WBLTR 110 <25 <25
Jackson Street / ARCO
Driveway WBR 120 <25 99
Jackson Street / Avenue 42
NBL 220 93 66
SBL 115 67 83
EBL 185 44 97
EBR 315 214 188
WBL 210 209 127

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The Greens Focused Traffic Study
August 2, 2023

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TJW Engineering, Inc.

ALM23001 The Greens Focused TS 08022023
Intersection Movement Storage Length
(ft)
Existing Plus Project
AM Queue (ft)
Existing Plus Project
PM Queue (ft)
West ARCO Driveway / Avenue
42 SBR 30 <25 <25
East ARCO‐Project Driveway /
Avenue 42 SBR 190 <25 <25
Project Driveway / Avenue 42
NBL 85 <25 28
SBL 100 42 34
SBR 100 <25 <25
EBL 175 129 114
EBR 205 <25 31
WBL 175 47 60
Jackson Street / Project
Driveway WBR 220 <25 <25
Project Drive Aisle / Relocated
Golf Course Parking WBLR 30 <25 <25
Note: Vehicle length assumed to be 25 feet. If the 95th percentile queue length reported is less than 25 feet, the queue is assumed to consist of one 25‐foot vehicle. NBL/U represents shared northbound left‐U‐turn lane capacities and queues.

As shown above, all 95th percentile queues at the study area turn lanes are projected to be accommodated by the existing and on‐site storage capacities. This includes the relocated golf course parking lot entrance, which was also previously shown to operate at an acceptable LOS A in Existing Plus Project conditions. As such, an additional golf course driveway is not required and allstudy area stacking distances do not need to be modified.

VMT Screening
Based on the County of Riverside “Transportation Analysis Guidelinesfor Level of Service and Vehicle Miles Traveled” (December 2020), screening criteria can be utilized to determine a presumption of a non‐ significant VMT transportation impact. Specifically, the guidelines identify that local‐serving retail projects have been determined to reduce VMT by shortening tripsthat will occur. Because the Project does not have a single store which exceeds 50,000 square feet, proposeslessthan 60,000 square feet of total commercial use, and the land uses are considered local serving, the Project is presumed to have a non‐significant VMT impact and further VMT analysis is not required.

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The Greens Focused Traffic Study
August 2, 2023

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TJW Engineering, Inc.

ALM23001 The Greens Focused TS 08022023
Conclusion
The existing turning lane capacities are projected to accommodate Existing Plus Project 95th percentile queue lengthsthroughout the study area, and Project driveway queues are not expected to impede on‐site circulation. At the relocated golf course parking entrance, 95th percentile queues are not projected to impede parking lot circulation, and the access point is projected to operate at an acceptable LOS A. Assuch, an additional golf course driveway is not required and all study area stacking distances do not need to be modified.

Based on County of Riverside VMT guidelines, the Project is considered local‐serving retail and is presumed to have a non‐significant VMT impact.

Please contact us at (949) 878‐3509 if you have any questions regarding this analysis.

Sincerely,
Gene Kim, PE, TE David Chew, PTP
Principal Engineer Transportation Planner
Registered Civil Engineer #83175
Registered Traffic Engineer #2684
Brandon Alvarado, EIT
Transportation Planner

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1876 of 3061

PROJECT SITE PLAN

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1877 of 3061 N.A.P. EXISTING AUTO PARTS & SERVICE N.A.P. EXISTING GAS STATION, CONVENIENCE STORE, & CAR WASH AVENUE 42
JACKSON STREET BLDG 1 D/T REST. 6) 24 29 65' 24 16 2411 2 3 TE TE BLDG 4 D/T REST. 6) 28 5 2 4 3 BLDG 2 REST.

6) 12 COVERED PATIO 6) 60' 50'
75' 80 GOLF COURSE STALLS (NOT INCLUDED IN PARKING CALCULATIONS) 12 13 8 2 TE BLDG 3 D/T REST. 6) 9 6 18 13 10 9 62'-2" 82'-2"
PATIO SHADE STRUCTURE SHADE STRUCTURE 12 12 5 8 1 NEC JACKSON STREET & AVENUE 42 INDIO, CALIFORNIA SITE PLAN Scale: 1" = 40' March 21, 2023 P:\16\16430 - Indio, NEC Jackson & Ave 42\Design\Site\x16430 - Site Plan.dwg B I C K E L G R O U P A R C H I T E C T U R E BIC K E L GR O U P IN C O RPO RAT E D 3600 BIR C H S TRE E T, S U IT E 120 N E W P O R T B E A C H , C A 9 2 6 6 0 P: 949.757.0411 F: 949.757.0511 w w w . b i c k e l g r p . c o m NORTH SITE INFORMATION APN: 692-670-001, 692-670-014, 692-670-017 TOTAL PARCEL AREA: 6) $&
TOTAL BLDG AREA: 6) FLOOR AREA RATIO (FAR): PARKING INFORMATION PARKING REQUIREMENT: 1 STALL / 100 SF STALLS REQUIRED: 133 STALLS STALLS PROVIDED: 245 STALLS PARKING RATIO: 6) VICINITY MAP NOT TO SCALE PROJECT SITE 143 AVENUE 42

JACKSON ST

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TRIP GENERATION

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1879 of 3061 TABLE 2

SUMMARY OF PROJECT TRIP GENERATION
PROJECT: JACKSON STREET AND AVENUE 42
Trip Generation Rates 1
ITE AM Peak Hour PM Peak Hour
Land Use Code Unit Daily In Out Total In Out Total
High-Turnover (Sit-Down)
Restaurant 932 KSF 107.2 5.264 4.307 9.57 5.521 3.53 9.05 Fast-Food Restaurant w/ Drivethru 934 KSF 467.48 22.751 21.859 44.61 17.176 15.854 33.03 Coffee/Donut Shop w/ D.T. 937 KSF 533.57 43.799 42.081 85.88 19.495 19.495 38.99 Trip Generation Estimates
AM Peak Hour PM Peak Hour
Land Use Quantity Unit Daily In Out Total In Out Total
High-Turnover (Sit-Down)
Restaurant 4.00 KSF 428 21 17 38 22 14 36
Pass-by Trips (43% Daily/PM)
2 184 0 0 0 -9 -6 -15
Net Trips 612 21 17 38 13 8 21
Fast-Food Restaurant w/ Drivethru 3.75 KSF 1,753 85 82 167 64 59 123 Pass-by Trips (53% Daily,
50% AM, 55% PM) 2 964 -43 -41 -84 -35 -32 -67
Net Trips 2,717 42 41 83 29 27 56
Coffee/Donut Shop w/ D.T. 0.98 KSF 523 43 41 84 19 19 38 Pass-by Trips (53% Daily,
50% AM, 55% PM) 2 288 -22 -21 -43 -10 -10 -20
Net Trips 811 21 20 41 9 9 18
Fast-Food Restaurant w/ Drivethru 4.82 KSF 2,253 110 105 215 83 76 159 Pass-by Trips (53% Daily,
50% AM, 55% PM) 2 1,239 -55 -53 -108 -46 -42 -88
Total Project Trips 6,393 194 183 377 134 120 254
1 Source: Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition 2 Source: Institute of Transportation Engineers (ITE) Trip Generation Handbook, 3rd Edition Jackson Street and Avenue 42
Trip Generation
Kimley-Horn and Associates, Inc.

January 2023

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PROJECT TRIP DISTRIBUTION

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1881 of 3061 Traffic Volume - Net New Site Trips
1 TJW Engineering
6/13/2023
The Greens
Version 2022 (SP 0-2) Scenario: Base Scenario
Generated with

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1882 of 3061 Traffic Volume - Net New Site Trips
2 TJW Engineering
6/13/2023
The Greens
Version 2022 (SP 0-2) Scenario: Base Scenario
Generated with

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TRAFFIC COUNT SURVEYS

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1884 of 3061

NBL NBT NBR SBL SBT SBR EBL EBT EBR WBL WBT WBR
1 AM 11 201 0 1 474 1 2 0 25 0 0 0
PM 21 416 0 1 311 7 0 0 16 3 0 0

NBL NBT NBR SBL SBT SBR EBL EBT EBR WBL WBT WBR
2 AM 24 209 0 10 487 2 2 0 14 1 0 1
PM 54 416 1 2 313 15 19 4 58 7 0 2

NBL NBT NBR SBL SBT SBR EBL EBT EBR WBL WBT WBR
3 AM 213 49 0 502 0 20
PM 429 52 1 377 0 42

NBL NBT NBR SBL SBT SBR EBL EBT EBR WBL WBT WBR
4 AM 108 168 65 51 391 60 45 171 128 183 225 49
PM 94 295 108 96 241 40 129 250 129 129 178 57

NBL NBT NBR SBL SBT SBR EBL EBT EBR WBL WBT WBR
5 AM 0 48 0 287 409 26
PM 0 50 0 454 314 36

NBL NBT NBR SBL SBT SBR EBL EBT EBR WBL WBT WBR
6 AM 0 4 0 287 431 3
PM 0 12 0 454 338 10

NBL NBT NBR SBL SBT SBR EBL EBT EBR WBL WBT WBR
7 AM 23 1 15 1 0 3 14 254 19 37 408 0
PM 48 2 51 3 1 5 23 399 32 48 295 5
Flow Conservation

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1885 of 3061 File Name : 01_IND_JACKSON_GEN_AM
Site Code : 23623516
Start Date : 5/18/2023
Page No : 1
City of Indio
N/S: Jackson Street
E/W: Generations Dr / Driveway
Weather: Clear
Groups Printed- Total Volume
Jackson Street
Southbound
Driveway
Westbound
Jackson Street
Northbound
Generations Drive
Eastbound
Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total 07:00 AM 0 90 0 90 0 0 0 0 1 38 0 39 0 0 2 2 131
07:15 AM 0 115 0 115 0 0 0 0 2 34 0 36 0 0 7 7 158
07:30 AM 0 151 0 151 0 0 0 0 3 46 0 49 0 0 5 5 205
07:45 AM 1 131 1 133 0 0 0 0 3 43 0 46 2 0 6 8 187
Total 1 487 1 489 0 0 0 0 9 161 0 170 2 0 20 22 681
08:00 AM 0 69 0 69 0 0 0 0 3 62 0 65 0 0 7 7 141
08:15 AM 1 62 0 63 0 0 0 0 2 51 0 53 1 0 7 8 124
08:30 AM 0 65 0 65 0 0 0 0 2 51 0 53 1 0 2 3 121
08:45 AM 0 80 0 80 0 0 0 0 0 62 1 63 0 0 2 2 145
Total 1 276 0 277 0 0 0 0 7 226 1 234 2 0 18 20 531
Grand Total 2 763 1 766 0 0 0 0 16 387 1 404 4 0 38 42 1212 Apprch % 0.3 99.6 0.1 0 0 0 4 95.8 0.2 9.5 0 90.5
Total % 0.2 63 0.1 63.2 0 0 0 0 1.3 31.9 0.1 33.3 0.3 0 3.1 3.5 Jackson Street
Southbound
Driveway
Westbound
Jackson Street
Northbound
Generations Drive
Eastbound
Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total Peak Hour Analysis From 07:00 AM to 08:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 07:15 AM
07:15 AM 0 115 0 115 0 0 0 0 2 34 0 36 0 0 7 7 158
07:30 AM 0 151 0 151 0 0 0 0 3 46 0 49 0 0 5 5 205
07:45 AM 1 131 1 133 0 0 0 0 3 43 0 46 2 0 6 8 187
08:00 AM 0 69 0 69 0 0 0 0 3 62 0 65 0 0 7 7 141
Total Volume 1 466 1 468 0 0 0 0 11 185 0 196 2 0 25 27 691 % App. Total 0.2 99.6 0.2 0 0 0 5.6 94.4 0 7.4 0 92.6
PHF .250 .772 .250 .775 .000 .000 .000 .000 .917 .746 .000 .754 .250 .000 .893 .844 .843 Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
(951) 268-6268

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1886 of 3061 File Name : 01_IND_JACKSON_GEN_AM
Site Code : 23623516
Start Date : 5/18/2023
Page No : 2
City of Indio
N/S: Jackson Street
E/W: Generations Dr / Driveway
Weather: Clear
Jackson Street
Generations Drive
Driveway
Jackson Street
Right
1 Thru
466
Left
1 Out In Total
187 468 655
Right
0 Thru
0 Left
0 Out Total In
1 0 1
Left
11 Thru
185
Right
0 Out In Total
491 196 687
Left
2 Thru
0 Right
25 Total Out In
12 27 39
Peak Hour Begins at 07:15 AM
Total Volume
Peak Hour Data
North
Peak Hour Analysis From 07:00 AM to 08:45 AM - Peak 1 of 1 Peak Hour for Each Approach Begins at:
07:00 AM 07:00 AM 08:00 AM 07:30 AM
+0 mins. 0 90 0 90 0 0 0 0 3 62 0 65 0 0 5 5
+15 mins. 0 115 0 115 0 0 0 0 2 51 0 53 2 0 6 8
+30 mins. 0 151 0 151 0 0 0 0 2 51 0 53 0 0 7 7
+45 mins. 1 131 1 133 0 0 0 0 0 62 1 63 1 0 7 8
Total Volume 1 487 1 489 0 0 0 0 7 226 1 234 3 0 25 28
% App. Total 0.2 99.6 0.2 0 0 0 3 96.6 0.4 10.7 0 89.3
PHF .250 .806 .250 .810 .000 .000 .000 .000 .583 .911 .250 .900 .375 .000 .893 .875 Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
(951) 268-6268

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1887 of 3061 File Name : 01_IND_JACKSON_GEN_PM
Site Code : 23623516
Start Date : 5/18/2023
Page No : 1
City of Indio
N/S: Jackson Street
E/W: Generations Dr / Driveway
Weather: Clear
Groups Printed- Total Volume
Jackson Street
Southbound
Driveway
Westbound
Jackson Street
Northbound
Generations Drive
Eastbound
Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total 04:00 PM 0 87 1 88 0 0 0 0 7 96 0 103 0 0 3 3 194
04:15 PM 1 72 1 74 0 0 0 0 6 108 1 115 1 0 6 7 196
04:30 PM 0 59 0 59 0 0 0 0 9 93 0 102 0 0 2 2 163
04:45 PM 0 60 1 61 0 0 0 0 9 78 0 87 0 0 2 2 150
Total 1 278 3 282 0 0 0 0 31 375 1 407 1 0 13 14 703
05:00 PM 1 57 2 60 2 0 0 2 8 107 0 115 0 0 6 6 183
05:15 PM 0 74 2 76 0 0 0 0 4 90 0 94 0 0 1 1 171
05:30 PM 0 67 2 69 0 0 0 0 5 105 0 110 0 0 4 4 183
05:45 PM 0 90 1 91 1 0 0 1 4 95 0 99 0 0 5 5 196
Total 1 288 7 296 3 0 0 3 21 397 0 418 0 0 16 16 733
Grand Total 2 566 10 578 3 0 0 3 52 772 1 825 1 0 29 30 1436 Apprch % 0.3 97.9 1.7 100 0 0 6.3 93.6 0.1 3.3 0 96.7
Total % 0.1 39.4 0.7 40.3 0.2 0 0 0.2 3.6 53.8 0.1 57.5 0.1 0 2 2.1 Jackson Street
Southbound
Driveway
Westbound
Jackson Street
Northbound
Generations Drive
Eastbound
Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total Peak Hour Analysis From 04:00 PM to 05:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 05:00 PM
05:00 PM 1 57 2 60 2 0 0 2 8 107 0 115 0 0 6 6 183
05:15 PM 0 74 2 76 0 0 0 0 4 90 0 94 0 0 1 1 171
05:30 PM 0 67 2 69 0 0 0 0 5 105 0 110 0 0 4 4 183
05:45 PM 0 90 1 91 1 0 0 1 4 95 0 99 0 0 5 5 196
Total Volume 1 288 7 296 3 0 0 3 21 397 0 418 0 0 16 16 733 % App. Total 0.3 97.3 2.4 100 0 0 5 95 0 0 0 100
PHF .250 .800 .875 .813 .375 .000 .000 .375 .656 .928 .000 .909 .000 .000 .667 .667 .935 Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
(951) 268-6268

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1888 of 3061 File Name : 01_IND_JACKSON_GEN_PM
Site Code : 23623516
Start Date : 5/18/2023
Page No : 2
City of Indio
N/S: Jackson Street
E/W: Generations Dr / Driveway
Weather: Clear
Jackson Street
Generations Drive
Driveway
Jackson Street
Right
7 Thru
288
Left
1 Out In Total
397 296 693
Right
0 Thru
0 Left
3 Out Total In
1 3 4
Left
21 Thru
397
Right
0 Out In Total
307 418 725
Left
0 Thru
0 Right
16 Total Out In
28 16 44
Peak Hour Begins at 05:00 PM
Total Volume
Peak Hour Data
North
Peak Hour Analysis From 04:00 PM to 05:45 PM - Peak 1 of 1 Peak Hour for Each Approach Begins at:
05:00 PM 05:00 PM 04:15 PM 04:15 PM
+0 mins. 1 57 2 60 2 0 0 2 6 108 1 115 1 0 6 7
+15 mins. 0 74 2 76 0 0 0 0 9 93 0 102 0 0 2 2
+30 mins. 0 67 2 69 0 0 0 0 9 78 0 87 0 0 2 2
+45 mins. 0 90 1 91 1 0 0 1 8 107 0 115 0 0 6 6
Total Volume 1 288 7 296 3 0 0 3 32 386 1 419 1 0 16 17 % App. Total 0.3 97.3 2.4 100 0 0 7.6 92.1 0.2 5.9 0 94.1 PHF .250 .800 .875 .813 .375 .000 .000 .375 .889 .894 .250 .911 .250 .000 .667 .607 Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
(951) 268-6268

Page 1351 of 2023 ends

Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1889 of 3061 File Name : 02_IND_JACKSON_SC DWY_AM
Site Code : 23623516
Start Date : 5/18/2023
Page No : 1
City of Indio
N/S: Jackson Street
E/W: Shopping Center Dwy / AutoZone Dwy
Weather: Clear
Groups Printed- Total Volume
Jackson Street
Southbound
AutoZone Driveway
Westbound
Jackson Street
Northbound
Shopping Center Driveway
Eastbound
Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total 07:00 AM 4 89 0 93 0 0 1 1 5 37 0 42 1 0 2 3 139
07:15 AM 4 119 0 123 0 0 0 0 3 36 0 39 0 0 2 2 164
07:30 AM 2 153 0 155 0 0 0 0 3 50 0 53 0 0 4 4 212
07:45 AM 2 134 1 137 1 0 0 1 8 43 0 51 0 0 4 4 193
Total 12 495 1 508 1 0 1 2 19 166 0 185 1 0 12 13 708
08:00 AM 2 71 1 74 0 0 1 1 10 62 0 72 2 0 4 6 153
08:15 AM 0 65 4 69 0 0 0 0 8 54 0 62 0 0 7 7 138
08:30 AM 0 66 2 68 2 0 0 2 2 52 0 54 2 1 4 7 131
08:45 AM 0 79 5 84 0 1 0 1 12 62 0 74 0 0 6 6 165
Total 2 281 12 295 2 1 1 4 32 230 0 262 4 1 21 26 587
Grand Total 14 776 13 803 3 1 2 6 51 396 0 447 5 1 33 39 1295 Apprch % 1.7 96.6 1.6 50 16.7 33.3 11.4 88.6 0 12.8 2.6 84.6 Total % 1.1 59.9 1 62 0.2 0.1 0.2 0.5 3.9 30.6 0 34.5 0.4 0.1 2.5 3 Jackson Street
Southbound
AutoZone Driveway
Westbound
Jackson Street
Northbound
Shopping Center Driveway
Eastbound
Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total Peak Hour Analysis From 07:00 AM to 08:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 07:15 AM
07:15 AM 4 119 0 123 0 0 0 0 3 36 0 39 0 0 2 2 164
07:30 AM 2 153 0 155 0 0 0 0 3 50 0 53 0 0 4 4 212
07:45 AM 2 134 1 137 1 0 0 1 8 43 0 51 0 0 4 4 193
08:00 AM 2 71 1 74 0 0 1 1 10 62 0 72 2 0 4 6 153
Total Volume 10 477 2 489 1 0 1 2 24 191 0 215 2 0 14 16 722 % App. Total 2 97.5 0.4 50 0 50 11.2 88.8 0 12.5 0 87.5 PHF .625 .779 .500 .789 .250 .000 .250 .500 .600 .770 .000 .747 .250 .000 .875 .667 .851 Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
(951) 268-6268

Page 1352 of 2023 ends

Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1890 of 3061 File Name : 02_IND_JACKSON_SC DWY_AM
Site Code : 23623516
Start Date : 5/18/2023
Page No : 2
City of Indio
N/S: Jackson Street
E/W: Shopping Center Dwy / AutoZone Dwy
Weather: Clear
Jackson Street
Shopping Center Driveway
AutoZone Driveway
Jackson Street
Right
2 Thru
477
Left
10 Out In Total
194 489 683
Right
1 Thru
0 Left
1 Out Total In
10 2 12
Left
24 Thru
191
Right
0 Out In Total
492 215 707
Left
2 Thru
0 Right
14 Total Out In
26 16 42
Peak Hour Begins at 07:15 AM
Total Volume
Peak Hour Data
North
Peak Hour Analysis From 07:00 AM to 08:45 AM - Peak 1 of 1 Peak Hour for Each Approach Begins at:
07:00 AM 07:45 AM 08:00 AM 08:00 AM
+0 mins. 4 89 0 93 1 0 0 1 10 62 0 72 2 0 4 6
+15 mins. 4 119 0 123 0 0 1 1 8 54 0 62 0 0 7 7
+30 mins. 2 153 0 155 0 0 0 0 2 52 0 54 2 1 4 7
+45 mins. 2 134 1 137 2 0 0 2 12 62 0 74 0 0 6 6
Total Volume 12 495 1 508 3 0 1 4 32 230 0 262 4 1 21 26 % App. Total 2.4 97.4 0.2 75 0 25 12.2 87.8 0 15.4 3.8 80.8 PHF .750 .809 .250 .819 .375 .000 .250 .500 .667 .927 .000 .885 .500 .250 .750 .929 Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
(951) 268-6268

Page 1353 of 2023 ends

Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1891 of 3061 File Name : 02_IND_JACKSON_SC DWY_PM
Site Code : 23623516
Start Date : 5/18/2023
Page No : 1
City of Indio
N/S: Jackson Street
E/W: Shopping Center Dwy / AutoZone Dwy
Weather: Clear
Groups Printed- Total Volume
Jackson Street
Southbound
AutoZone Driveway
Westbound
Jackson Street
Northbound
Shopping Center Driveway
Eastbound
Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total 04:00 PM 2 85 4 91 1 1 0 2 16 101 0 117 3 0 14 17 227
04:15 PM 0 72 6 78 0 0 0 0 13 109 0 122 3 0 13 16 216
04:30 PM 0 57 9 66 3 0 1 4 14 102 2 118 4 0 15 19 207
04:45 PM 0 56 5 61 2 0 1 3 12 78 0 90 5 2 18 25 179
Total 2 270 24 296 6 1 2 9 55 390 2 447 15 2 60 77 829
05:00 PM 0 62 3 65 0 0 0 0 20 110 0 130 4 0 8 12 207
05:15 PM 1 65 5 71 3 0 0 3 12 86 1 99 5 0 21 26 199
05:30 PM 0 67 3 70 2 0 2 4 10 105 0 115 6 3 18 27 216
05:45 PM 1 91 4 96 2 0 0 2 12 97 0 109 4 1 11 16 223
Total 2 285 15 302 7 0 2 9 54 398 1 453 19 4 58 81 845
Grand Total 4 555 39 598 13 1 4 18 109 788 3 900 34 6 118 158 1674 Apprch % 0.7 92.8 6.5 72.2 5.6 22.2 12.1 87.6 0.3 21.5 3.8 74.7 Total % 0.2 33.2 2.3 35.7 0.8 0.1 0.2 1.1 6.5 47.1 0.2 53.8 2 0.4 7 9.4 Jackson Street
Southbound
AutoZone Driveway
Westbound
Jackson Street
Northbound
Shopping Center Driveway
Eastbound
Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total Peak Hour Analysis From 04:00 PM to 05:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 05:00 PM
05:00 PM 0 62 3 65 0 0 0 0 20 110 0 130 4 0 8 12 207
05:15 PM 1 65 5 71 3 0 0 3 12 86 1 99 5 0 21 26 199
05:30 PM 0 67 3 70 2 0 2 4 10 105 0 115 6 3 18 27 216
05:45 PM 1 91 4 96 2 0 0 2 12 97 0 109 4 1 11 16 223
Total Volume 2 285 15 302 7 0 2 9 54 398 1 453 19 4 58 81 845 % App. Total 0.7 94.4 5 77.8 0 22.2 11.9 87.9 0.2 23.5 4.9 71.6 PHF .500 .783 .750 .786 .583 .000 .250 .563 .675 .905 .250 .871 .792 .333 .690 .750 .947 Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
(951) 268-6268

Page 1354 of 2023 ends

Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 1892 of 3061 File Name : 02_IND_JACKSON_SC DWY_PM
Site Code : 23623516
Start Date : 5/18/2023
Page No : 2
City of Indio
N/S: Jackson Street
E/W: Shopping Center Dwy / AutoZone Dwy
Weather: Clear
Jackson Street
Shopping Center Driveway
AutoZone Driveway
Jackson Street
Right
15 Thru
285
Left
2 Out In Total
419 302 721
Right
2 Thru
0 Left
7 Out Total In
7 9 16
Left
54 Thru
398
Right
1 Out In Total
350 453 803
Left
19 Thru
4 Right
58 Total Out In
69 81 150
Peak Hour Begins at 05:00 PM
Total Volume
Peak Hour Data
North
Peak Hour Analysis From 04:00 PM to 05:45 PM - Peak 1 of 1 Peak Hour for Each Approach Begins at:
05:00 PM 04:30 PM 04:15 PM 04:45 PM
+0 mins. 0 62 3 65 3 0 1 4 13 109 0 122 5 2 18 25
+15 mins. 1 65 5 71 2 0 1 3 14 102 2 118 4 0 8 12
+30 mins. 0 67 3 70 0 0 0 0 12 78 0 90 5 0 21 26
+45 mins. 1 91 4 96 3 0 0 3 20 110 0 130 6 3 18 27
Total Volume 2 285 15 302 8 0 2 10 59 399 2 460 20 5 65 90 % App. Total 0.7 94.4 5 80 0 20 12.8 86.7 0.4 22.2 5.6 72.2 PHF .500 .783 .750 .786 .667 .000 .500 .625 .738 .907 .250 .885 .833 .417 .774 .833 Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
(951) 268-6268

Page 1355 of 2023 ends

Indio City CouncilDecember 6, 2023

Indio City Council
December 6, 2023