Agenda — Indio City Council, December 6, 2023 (part 4 of 18)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Table 3.2: Existing Level of Service
Facility
Existing
Acres 1 ExistingPopulation 2 Acres perCapita 3 Acres per1000 4 Park Land In-Lieu Fees (Subdivisions) 76.52 76,036 0.00101 1.006 Park Land Impact Fees (Non-Subdivision) 122.52 93,690 0.00131 1.308 Park Improvement Impact Fees 122.52 93,690 0.00131 1.308 1 Existing acres for park land in-lieu fees based on 2010 conditions; existing acres for other fees based on 2019 park acreage as shown in table 3.1 2 Existing population for park land in-lieu fees is from the 2010 Census; population for other fees is the 2019 population from Table 2.2
3 Acres per capita = existing acres / existing population 4 Acres per 1,000 population = acres per capita X 1,000

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

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

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

The Condo/Townhouse development type is omitted from this table because that type of development would always involve a subdivision. The single-family residential development type is included in this table because single-family units may be built on existing lots. However, it is Table 3.3: Cost per Capita
Fee Type
Cost per
Acre1 Acres perCapita 2 Cost perCapita3 Park Land In-Lieu Fees (Subdivisions) $ 192,500 0.00300 $ 577.50 Park Land Impact Fees (Non-Subdivision) $ 192,500 0.00131 $ 251.74 Park Improvement Impact Fees $ 750,000 0.00131 $ 980.79 1 Park land acquisition cost per acre and park improvement cost per acre estimated by the City of Indio
2 See Table 3.2; acres per capita for park land in-lieu fees based on 3.0 acres per 1,000 as provided in the Quimby Act; acres per capita for other fees based on improved park acres per capita
3 Cost per capita = cost per acre X acres per capita
4 Acres per 1,000 population = acres per capita X 1,000 Table 3.4: Park Land In-Lieu Fees per Unit (Subdivisions) Development
Type Units 1 Cost perCapita 2 Populationper DU 3
In-Lieu Fee
per Unit 4 Residential - Single Family DU $577.50 3.00 $1,732.50 Residential - Condo/Townhouse DU $577.50 2.65 $1,530.38 1 Units of development: DU = dwelling unit 2
See Table 3.3
3 See Table 2.1
4 Impact fee per unit = cost per capita X population per dwelling unit

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4.6 shows those calculations.

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

Table 4.4: Impact Fee Cost Basis - Existing and Future Assets Total
Component Cost Basis 1
Existing and Future Fire Stations $ 24,484,027
Existing Fire Apparatus and Vehicles $ 304,429
Future Fire Apparatus and Vehicles $ 1,150,000
Total Cost $ 25,938,456
1 See Tables 4.1, 4.2 and 4.3
Table 4.5: Cost per Capita of Service Population
Total 2040 Cost
Cost Basis1Service Population 2 per Capita 3
$25,938,456 155,555 $166.75
1 See Table 4.4
2 See Table 2.4
3 Cost per capita of service population = total cost basis/ 2040 service population

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Table 5.3 shows those calculations.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6.4 shows those calculations.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Projected Revenue
Table 9.5 projects the potential revenue from impact fees calculated in this chapter. These projections assume that future development occurs as forecasted in this study. Revenue is projected by applying the impact fee per acre from Table 9.4 to acres of future development from Table 9.2.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Reasonable Relationship between the Use of the Fee and the Development Type on Which It Is Imposed. The impact fees calculated in this chapter will be used to pay for water system improvements needed to serve new development served by the Indio Water Authority. Reasonable Relationship between the Need for the Facilities and the Type of Development on Which the Fee Is Imposed. All new development requires water service. The impact fees calculated in this chapter will pay for the cost of water system improvements needed to serve new development in Indio through 2040.

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

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

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

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

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

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

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

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

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

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

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

1. Identify the purpose of the fee;

2. Identify the use of the fee; and

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

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

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

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

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

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

1. Identify the purpose of the fee;

2. Identify the use of the fee; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In some cases, the agency may desire to voluntarily waive or reduce impact fees that would otherwise apply to a project as a way of promoting goals such as affordable housing or economic development. Such a waiver or reduction may not result in increased costs to other development projects, so the effect of such policies is that the lost revenue must be made up from sources other than impact fees.

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

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

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

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

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

2. The amount of the fee;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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City of Indio Appendix A
Development Impact Fee Study 2019
Fee Comparison
1 Roads & Bridge Crossing Transportation Transportation Streets, Traffic Signals and Bridges RESIDENTIAL SFD per DU $ 1,374 $ 2,451 $ 2,842 $ 7,867 $ 2,165 Condo/Townhouse per DU $ 816 $ 1,386 $ 1,745 $ 4,847 $ 2,891 Mobile Homes per DU $ 816 $ 1,139 no comparison available no comparison available $ 2,265 Apartment per DU $ 844 $ 1,386 $ 1,745 $ 4,847 $ 2,891 COMMERCIAL Office per KSF $ 1,520 $ 2,847 $ 4,645 $ 12,784 $ 4,670 Retail per KSF $ 3,827 $ 9,432 $ 5,679 $ 10,747 $ 4,670 Industrial per KSF $ 1,000 $ 1,560 $ 5,679 $ 1,686 $ 2,830 2 Traffic Signal Street Maint Fac. Streets and Trans. Streets, Traffic Signals and Bridges RESIDENTIAL SFD per DU $ 262 $ 302 $ 116 $ 2,686 $ 2,165 Condo/Townhouse per DU $ 155 $ 171 $ 71 $ 1,391 $ 2,891 Mobile Homes per DU $ 155 $ 140 no comparison available no comparison available $ 2,265 Apartment per DU $ 161 $ 171 $ 116 $ 1,391 $ 2,891 COMMERCIAL Office per KSF $ 386 $ 351 $ 190 $ 4,365 $ 4,670 Retail per KSF $ 971 $ 1,163 $ 232 $ 3,693 $ 4,670
Industrial per KSF $ 254 $ 192 $ 232 $ 2,998 $ 2,830
3 Public Building Fee [3] RESIDENTIAL SFD per DU $ 1,979 $ 1,968 $ 1,415 $ 3,679 $ 2,935 $ 1,881 Condo/Townhouse per DU $ 1,546 $ 1,739 $ 1,269 $ 2,878 $ 2,466 $ 1,630 Mobile Homes per DU $ 1,546 $ 1,837 no comparison available no comparison available no comparison available $ 1,080 Apartment per DU $ 1,299 $ 1,739 $ 1,269 $ 2,878 $ 2,466 $ 1,630 COMMERCIAL Office per KSF $ 142 $ 2,109 $ 373 $ 745 $ 235 "No Fee" Retail per KSF $ 625 $ 2,887 $ 373 $ 571 $ 179 "No Fee" Industrial per KSF $ 649 $ 773 $ 373 $ 277 $ 93 "No Fee" 4 Fire Facility RESIDENTIAL SFD per DU $ 205 $ 505 $ 433 $ 451 $ 1,750 $ 362 Condo/Townhouse per DU $ 148 $ 446 $ 206 $ 354 $ 1,470 $ 207 Mobile Homes per DU $ 148 $ 472 no comparison available no comparison available no comparison available $ 760 Apartment per DU $ 125 $ 446 $ 206 $ 354 $ 1,470 $ 207 COMMERCIAL Office per KSF $ 14 $ 541 $ 171 $ 845 $ 502 $ 80 $ 220 Retail per KSF $ 60 $ 741 $ 172 $ 647 $ 381 $ 80 $ 210
Industrial per KSF $ 62 $ 198 $ 172 $ 314 $ 199 $ 110 $ 220 City of La Quinta [2] Fee Type / Unit
no comparison available
no comparison available no comparison available
no comparison available
City of Indio Comparative Agencies
City of Coachella [1,5,7] City of Desert Hot Springs [6,8] City of Palm Desert Fee No. Fee Description Current Fee Proposed Fee City of Rancho Mirage no comparison available
no comparison available
no comparison available
$709 per unit - low density
$306 per unit - medium density
$182 per unit - high density
no comparison available
no comparison available no comparison available
NBS - Local Government Solutions
Web: www.nbsgov.com Toll-Free:800.676.7516 10/15/2021 Page 1 of 2

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City of Indio Appendix A
Development Impact Fee Study 2019
Fee Comparison
City of La Quinta [2] Fee Type / Unit
City of Indio Comparative Agencies
City of Coachella [1,5,7] City of Desert Hot Springs [6,8] City of Palm Desert Fee No. Fee Description Current Fee Proposed Fee City of Rancho Mirage 5 Park & Recreation [4] RESIDENTIAL SFD per DU $ 4,227 $ 2,972 $ 2,048 $ 2,180 $ 7,857 $ 1,881 Condo/Townhouse per DU $ 3,303 $ 2,625 $ 2,048 $ 1,705 $ 1,679 $ 1,630 Mobile Homes per DU $ 3,303 $ 2,774 no comparison no comparison no comparison $ 1,080 Apartment per DU $ 2,774 $ 2,625 $ 2,048 $ 1,705 $ 1,679 $ 1,630 COMMERCIAL Office per KSF $ - $ - Retail per KSF $ - $ -
Industrial per KSF $ - $ - 6 Police Facility RESIDENTIAL SFD per DU $ 930 $ 1,289 $ 307 $ 362 Condo/Townhouse per DU $ 672 $ 1,138 $ 307 $ 1,652
Mobile Homes per DU $ 672 $ 1,203 no comparison available no comparison available Apartment per DU $ 565 $ 1,138 $ 257 $ 378 COMMERCIAL Office per DU $ 62 $ 1,381 $ 31 Retail per DU $ 272 $ 1,890 $ 23
Industrial per DU $ 282 $ 506 $ 12 $ 700
7 Storm Drain Facility Fee RESIDENTIAL SFD per acre $ 8,961 $ 2,764 $789 per DU Condo/Townhouse per acre $ 11,201 $ 4,146 $460.59 per DU Mobile Homes per acre $ 11,201 $ 2,764 $132.63 per DU
Apartment per acre $ 15,682 $ 4,146 $461 per DU
COMMERCIAL Office per acre $ 20,162 $ 4,976 $ 8,712
Retail per acre $ 20,162 $ 4,976 $ 8,712
Industrial per acre $ 20,162 $ 4,976 $ 6,970
[Notes] 1 Coachella: Commercial rates were included as "Retail". 2 La Quinta Development Impact Fee rate increase went to Council on October 1, 2019. Increase has not been implemented as of December 13, 2019. 3 La Quinta Public Building Residential includes fee components for Civic Center, Libraries, and Community Centers. 4 Rancho Mirage Public Building Residential includes fee components for General Gov't Facilities, Park and Rec Facilities, and Library Facilities. 5 Coachella Public Building Residential includes fee components for General Gov't and Library. 6 Desert Hot Springs Public Building Residential includes fee components for Community Centers and Aquatic Center Facilities. 7 Coachella Park & Recreation Residential includes fee components for Park and Improvement and Park Land. 8 Desert Hot Springs Park & Recreation Residential includes fee components for Community Centers and Aquatic Center Facilities. no comparison available no comparison available
no comparison available
n/a n/a n/a n/a
no comparison available
no comparison available
no comparison available no comparison available no comparison available no comparison available no comparison available no comparison available n/a
no comparison available
$ 4,490
no comparison available
no comparison available
no comparison available
NBS - Local Government Solutions
Web: www.nbsgov.com Toll-Free:800.676.7516 10/15/2021 Page 2 of 2

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Comparative Fee Survey – Water Development Impact Fees

APPENDIXB

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

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

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

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

APPENDIX D

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APPENDIX D
Asset # Year Description Make Model Cost
217 2002 Golf Cart EZ-GO Western Golf Car $ 6,884.00
265 1997 Police SWAT General Motors PE $ 105,000.00
297 1991 Trailer Safety Checkpoint with Generator Vintage Utility Trailer $ 4,006.00 340 2004 Police Administrative Ford Crown Victoria $ 28,600.00 354 2003 Police Patrol Ford Crown Victoria $ 24,132.00
365 2000 Police Patrol Chevrolet IMPALA $ 19,433.42
509 2004 Police Patrol Ford Crown Victoria $ 24,995.00
510 2004 Police Patrol CHIP Ford Crown Victoria $ 24,995.00 511 2005 Police Patrol CHIP Ford Explorer $ 36,806.00
624 2005 Police Patrol Ford Crown Victoria $ 23,894.00
625 2005 Police Patrol Ford Crown Victoria $ 23,894.00
626 2005 Police Patrol Ford Crown Victoria $ 23,894.00
648 2006 Police SWAT Ford F-350 $ 37,420.56
651 2006 Police Patrol Ford Crown Victoria $ 37,959.00
673 2007 Police Patrol CHIP Ford Ranger $ 20,005.00
674 2007 Police Code Enforcement Ford F-150 $ 38,194.00 678 2007 Police Detective Ford Crown Victoria $ 24,937.00 679 2007 Police Detective Ford Crown Victoria $ 24,937.00 680 2006 Police Detective Ford Crown Victoria $ 24,937.00 682 2007 Police Detective Ford F-150 $ 22,630.07
690 2007 Police Patrol Ford Crown Victoria $ 25,125.56
691 2007 Police Code Enforcement Ford F-150 $ 22,630.07 700 2007 Police Detective Ford Crown Victoria $ 22,520.74 745 2006 Police Code Enforcement Graffiti Ford E450 $ 138,245.41 749 2008 Police Detective Ford Crown Victoria $ 22,452.00 750 2008 Police Detective Ford Crown Victoria $ 22,452.00 751 2008 Police Detective Ford Crown Victoria $ 22,452.00 753 2008 Police Detective Ford Crown Victoria $ 22,452.00 763 2007 Police Traffic Safety Honda Motorcycle $ 25,167.87 764 2007 Police Traffic Safety Honda Motorcycle $ 25,167.87 765 2007 Police Traffic Safety Honda Motorcycle $ 28,211.67 767 2007 Police Traffic Safety Honda Motorcycle $ 25,839.35 789 2007 Police Detective Ford Crown Victoria $ 26,717.05 791 2008 All Terrain Vehicle 4 – WD Kawasaki Mule 3010 KAF950E8 $ 10,274.00 792 2008 All Terrain Vehicle 4 – WD Kawasaki Mule 3010 KAF950E8 $ 10,274.00 793 2008 Police Patrol Ford Crown Victoria $ 35,462.22
795 2008 Police Patrol Ford Crown Victoria $ 23,717.63
820 2008 Solar Programmable Message Board with Radar Traffic Advisor 96L SOLAR $ 19,384.22 833 2008 Police Patrol Ford Crown Victoria $ 36,138.45
851 2008 Police Detective Ford Crown Victoria $ 29,477.71 891 2009 Police Detective Ford Expedition (SSV) 4X4 $ 27,842.73 907 2009 Police Patrol Ford Police Interceptor $ 33,769.29 909 2009 Police Detective Ford Expedition (SSV) 4X4 $ 48,471.31 910 2009 Police Patrol Ford Police Interceptor $ 29,090.24 915 2008 Police Patrol Ford Police Interceptor $ 44,840.43 938 2010 Police Patrol Ford Police Interceptor $ 43,965.51 944 2010 Police Patrol Ford Police Interceptor $ 43,113.20 Police
City of Indio Vehicle and Equipment Inventory
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APPENDIX D
City of Indio Vehicle and Equipment Inventory
Asset # Year Description Make Model Cost
950 2010 Police Detective Ford Crown Victoria $ 38,610.50 958 2010 Police Patrol Ford Crown Victoria $ 23,772.54
991 2010 Police Code Enforcement Ford F-150 $ 46,728.89 992 2010 Police Code Enforcement Ford F-150 $ 47,947.09 993 2010 Police Code Enforcement Ford F-150 $ 47,947.09 1062 2014 Police Detective Ford Fusion $ 48,519.70
1094 2014 Police Code Enforcement Ford Police Interceptor $ 61,766.74 1095 2014 Police Code Enforcement Ford Police Interceptor $ 61,747.74 1103 2014 Police Patrol Ford Police Interceptor $ 59,614.95 1104 2014 Police Patrol Ford Police Interceptor $ 60,092.90 1105 2014 Police Patrol Ford Police Interceptor $ 60,092.90 1111 2014 Police Patrol Ford Police Interceptor $ 58,234.05 1112 2014 Police Patrol Ford Police Interceptor $ 58,448.35 1113 2014 Police Patrol Ford Police Interceptor $ 59,389.52 1171 2016 Police Code Enforcement Ford Police Interceptor $ 60,114.47 1172 2013 Police Patrol CHIP Ford Taurus $ 37,281.23
1175 2016 Police Patrol Ford Police Interceptor $ 61,061.05 1176 2016 Police Patrol Ford Police Interceptor $ 61,061.05 1177 2016 Police Patrol Ford Police Interceptor $ 61,061.06 1178 2016 Police Patrol Ford Police Interceptor $ 61,061.05 1246 2016 Police Detective Ford Taurus $ 44,337.90
1247 2016 Police Detective Ford Taurus $ 44,439.48
1250 2016 Police Detective Ford Taurus $ 45,271.85
1251 2016 Police Detective Ford Taurus $ 45,271.82
1272 2017 Police Patrol Ford Police Interceptor $ 61,124.03 1273 2017 Police Patrol Ford Police Interceptor $ 60,783.93 1274 2017 Police Patrol Ford Police Interceptor $ 60,730.52 1275 2017 Police Patrol Ford Police Interceptor $ 60,830.96 1276 2013 Police Detective Ford Taurus $ 44,469.86
1279 2017 Police Patrol Ford Police Interceptor $ 60,904.35 1280 2017 Police Patrol Ford Police Interceptor $ 60,904.35 1281 2017 Police Patrol Ford Police Interceptor $ 60,904.35 1289 2017 Police Patrol Ford Police Interceptor $ 61,583.07 1291 2017 Police Patrol Ford Police Interceptor $ 61,583.07 1292 2017 Police Patrol Ford Police Interceptor $ 61,164.08 1293 2017 Police Patrol Ford Police Interceptor $ 61,470.48 1294 2017 Police Administrative Ford Taurus $ 49,756.42 1295 2017 Police Detective Ford Taurus $ 49,756.42
1296 2017 Police Administrative Ford Taurus $ 49,756.42 1317 2017 Police Detective Ford Police Interceptor $ 56,418.63 1346 2016 Police Traffic Safety Honda Motorcycle $ 39,592.70 1377 2019 Police Patrol K-9 Unit Ford Police Interceptor $ 74,353.36 1378 2019 Police Patrol K-9 Unit Ford Police Interceptor $ 74,353.36 1396 2019 Transit (8 Passenger Van) Ford Transit 350 MR $ 47,299.57 1408 2019 Police Administrative Ford Fusion SE $ 25,874.82 1409 2019 Police Administrative Ford Fusion SE $ 25,873.72 1411 2020 Police Administrative Chevrolet Tahoe $ 75,164.67 1413 2020 Police Administrative Chevrolet Tahoe $ 75,294.29 1415 2020 Police Administrative Chevrolet Tahoe $ 75,453.08 Police Total $4,132,082.01
Police
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APPENDIX D
City of Indio Vehicle and Equipment Inventory
Asset # Year Description Make Model Cost
256 2002 Pick up Ford F-150 $ 25,000.00
528 2005 Pick up Ford Ranger $ 37,128.19
887 2009 Pick up Ford F-150 $ 39,247.68
1324 2018 SUV Ford Explorer $ 40,645.70
1325 2018 Pick up Ford F-150 $ 40,318.08
1326 2018 Pick up Ford F-150 $ 40,318.08
1392 2007 SUV Chevrolet Suburban $ 4,000.00
Building Safety Total $ 226,657.73
Asset # Year Description Make Model Cost
234 1995 Aerial Boom Truck 30 feet Ford F450 $ 35,000.00 240 2002 Pick up Ford F250 $ 34,076.00
242 2002 Pick up Ford F150 $ 34,076.00
244 2002 Pick up Ford F150 $ 34,076.00
249 2000 Pick up Ford F150 $ 34,076.00
257 2001 Pick up Ford F350 XL $ 38,842.00
299 1995 Equipment Trailer Zieman 2725 $ 18,000.00
373 2002 Golf Cart GEM EL $ 3,073.00
375 2001 Skid Steer Loader Caterpillar 248 $ 48,126.00
377 1986 Farm Agricultural Tractor Ford 4610 $ 20,000.00 385 1997 Stake bed Truck GMC 3500 $ 12,000.00
498 2004 Pick up with arrow board and lift gate GMC 2500 $ 22,396.83 501 2004 Vibratory Compaction Roller Ingersoll Rand DD-24 $ 40,049.60 526 2005 Stencil Truck Ford F450 $ 65,008.53
658 2007 Pick up Ford F150 4X4 Super cab $ 38,194.00
660 2007 Patch Truck International 4400 $ 37,860.00
661 2008 Utility Body with Crane Ford F450 4X2 Super Cab $ 38,162.00 666 2007 Field Groomer Toro Sand Pro 3040 $ 15,315.00
675 2007 Utility Body Truck Ford F350 XL 4WD $ 31,504.00 693 2007 Pick up Ford F150 XLT $ 23,856.41
694 2007 Pick up Ford F150 XLT $ 38,255.00
729 2007 Service Truck Ford F350 Super Cab 4WD $ 42,583.95 736 2005 Mini Van Toyota Sienna $ 14,028.57
737 2006 Portable Air Compressor (49 Hp.) Ingersoll Rand Air Source 185 $ 11,954.87 752 2008 Utility Body Ford F350 Super Duty 4WD $ 56,015.55 761 2008 Pick up Ford F150 4X4 XL Crew Cab $ 28,718.65
762 2008 Warehouse Sweeper Tennant M800 $ 62,159.32
786 2008 Pick up with arrow board and lift gate Ford F250 4WD $ 48,396.40 788 2008 Pick up with arrow board and lift gate Ford F250 4WD $ 48,396.40 865 2009 10 yard dump truck International 7600 6X4 $ 125,988.68 866 2008 3/4 Ton Utility Body GMC Sierra 2500 $ 47,735.22 879 2008 Backhoe John Deere 410J $ 100,974.02
890 2008 5 yard dump truck International 7400 4X2 $ 90,524.89 894 2009 Sign Repair Truck Ford F-450 4 X 2 $ 54,536.67 898 2008 Water truck four thousand gallon International 7500 SBA 6 X 2 $ 108,958.88 953 2009 Ariel Boom Truck 45 foot GMC GMC 6500 $ 164,164.09 1048 2012 Street Sweeper Mechanical Freightliner Business Class M2 $ 313,740.00 1239 2016 Vacuum and Rodder Truck Kenworth T880 Vactor Plus 2100 $ 489,243.65 1271 2012 Flat bed truck Eco Centre Eco Truck $ 14,939.60 1285 2012 Van Eco Centre Eco Van $ 14,351.31
1290 2011 Water truck four thousand gallon International 8600 SBA 6X4 $ 60,511.00 1323 2018 Pick up Ford F150 4WD Super Cab $ 40,318.08
1327 2018 Pick up Ford F150 4WD Super Cab $ 40,318.08
1328 2018 Pick up Ford F150 4WD Super Cab $ 40,318.08
Building Safety
Public Works
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APPENDIX D
City of Indio Vehicle and Equipment Inventory
Asset # Year Description Make Model Cost
1331 2018 Pick up Ford F150 4WD Super Cab $ 40,318.08
1347 2017 Front End Loader 3 Cubic Yard John Deere 544K-II $ 233,291.61 1348 2017 F350 Utility Body 4X2 Super Duty (Class 3) Ford F350 SRW Super Cab $ 51,472.44 1349 2017 Utility Body Ford F350 SRW Super Cab $ 51,472.44 1353 2018 Street Sweeper Regenerative Freightliner Business Class M2 $ 357,259.49 T21 2012 Light Tower Towable Wacker LTN6 $ 9,655.48
T7665 2007 Equipment trailer 5 ton tilt top Big Tex 10FT-20 $ 4,960.79 Public Works Total $ 3,429,252.66
Asset # Year Description Make Model Cost
250 2000 Pick up Ford F150 $ 24,998.00
388 2003 Sedan Honda Civic $ 34,782.00
696 2007 10 Passenger Van Ford E150 $ 38,281.00
735 2008 SUV Ford Expedition $ 38,281.00
805 2008 Pick up Ford Ranger $ 21,486.83
1282 2017 10 Passenger Van Ford Transit $ 38,289.78
1283 2017 10 Passenger Van Ford Transit $ 38,289.78
Other Departments Total $ 234,408.39
Other Departments
Public Works
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Second Reading of Ordinance No. 1795 amending Section 156.134 (Fees in L... Page 538 of 3061 City of Indio
City Council
December 6, 2023

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance No. 1802 of the City Council of the City of Indio, California conditionally approving the General Plan Amendment, Zoning Text Amendment, Tentative Parcel Map No. 38632, and the Planning Review for the development of a multi-tenant commercial retail center comprising 13,620 square feet on 6.12 acres of vacant land located along Avenue 42 and Jackson Street (Assessor’s Parcel Numbers 692-670-001, 692-670-014, 692-670-017, 692-040- 020, and 692-040-007) and certifying the Project’s Final Initial Study with Mitigated Negative Declaration (IS/MND), and finding that the IS/MND is in compliance with Section 15074 of the California Environmental Quality Act (CEQA) Guidelines.

RECOMMENDATION:

It is recommended that the City Council approve Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and introduce for first reading Ordinance No. 1802 (Zoning Ordinance Amendment) by title only and waive full reading of the ordinance, to conditionally approve the General Plan Amendment, Zoning Ordinance Amendment, Tentative Parcel Map No. 38632, and the Planning Review for the development of a multi-tenant commercial retail center comprising 13,620 square feet on 6.12 acres of vacant land located along Avenue 42 and Jackson Street (Assessor’s Parcel Numbers 692-670-001, 692-670-014, 692-670-017, 692-040-020, and 692-040-007) and adopting the Project’s Final Initial Study with Mitigated Negative Declaration (IS/MND), and finding that the IS/MND is in compliance with Section 15074 of the California Environmental Quality Act (CEQA) Guidelines.

SUMMARY:

On February 7, 2023, Can Do LLC, submitted an application to the Community Development Department proposing the development of a multi-tenant commercial retail center containing three quick-serve restaurants and one sit-down restaurant on 13,620 square feet of 6.12 acres of vacant land which is located along Avenue 42 and Jackson Street (Assessor’s Parcel Numbers 692-670- 001, 692-670-014, 692-670-017, 692-040-020, and 692-040-007). The project application includes a General Plan Amendment, Zoning Text Amendment, and Tentative Parcel Map, with associated environmental documentation, The proposed project also includes surface parking, landscaping, and off-site right-of-way improvements along Avenue 42 and Jackson Street. At the November 1, 2023, City Council meeting, the City of Indio City Council approved a land swap agreement between the City of Indio and Can Do LLC for an equal exchange of property along the interior portions of the proposed project site located off of Avenue 42 and Jackson Street. The City Council approved the land swap agreement by a vote of 4 in favor, 0 in opposition, with 1 abstention. At the November 8, AGENDA ITEM #14.1
Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 539 of 3061 2023, Planning Commission meeting, the City of Indio Planning Commission reviewed the proposed General Plan Amendment, Zoning Text Amendment, Tentative Parcel Map, Planning Review, and associated environmental documentation for the project. The Planning Commission did not make a motion to recommend the General Plan Amendment, Zoning Text Amendment, and Tentative Parcel Map for the project. The Planning Commission voted to approve the Planning Review resolution of the proposed project with additional conditions related to traffic control for any opening events, by a vote of: 2 in favor and 1 in opposition. At the discretion of the Community Development Director, the Planning Review portion of the project has been elevated to be reviewed by the City Council. The Planning Review approval is contingent upon the passage of the General Plan Amendment and Zoning Text Amendments.

BACKGROUND INFORMATION:

The project site is approximately 6.12‐acres and is located at the northeast corner of Jackson Street at Avenue 42. The project site is comprised of five (5) parcels: Assessor Parcel Numbers (APNs) 692‐670‐001, ‐014, and ‐017, and 692‐040‐020 and ‐007. The property is generally bordered by urban development. There is an RV storage facility to the north, the Indio Town Center to the south, an existing AutoZone, Arco Gas station and convenience store to the west, and it is directly adjacent to the Indio Municipal Golf Course to the east. Regional access is provided by Interstate 10 (I‐10), and the nearest exit is located approximately 0.4 miles south of the project site. Local access to the project site is provided from Avenue 42 and Jackson Street.

The project site is undeveloped with the exception of an existing surface parking lot which serves the Indio Municipal Golf Course and contains minimal, sparse shrubs and date palm trees. There are sidewalks along the project site frontage of Avenue 42 and Jackson Street which allow for auto, bicycle and pedestrian access to the project site. There are also aboveground utility poles located along the project site frontage of Jackson Street, north of the existing AutoZone structure.

The project proposes the construction of a multi‐tenant commercial retail center totaling 13,620 square feet (“sf”) on 6.12 acres. Specifically, the project would include three (3) drive‐thru fast‐food restaurants including Chick‐Fil‐A and Dutch Bros Coffee. The third drive-thru fast-food restaurant tenant has not been identified at this time. The three drive-thru fast-food restaurant buildings total approximately 9,870 sf. The project also proposes the construction of one 3,996 square foot sit‐down restaurant. The sit‐down restaurant design includes an outdoor patio which opens out onto the adjacent Indio Municipal Golf Course. Additionally, the project would include surface parking, landscaping, and off‐site infrastructure improvements. In addition to the commercial retail development, the proposed project includes the reconstruction of the existing Indio Municipal Golf Course’s parking lot, which is located east of the driveway along the project site frontage on Avenue

42. The project proposal includes four (4) underground infiltration systems within the parking areas. It is assumed that any additional sheet flows would be directed towards Jackson Street, and further directed to the existing City operated and maintained retention basin located approximately 663 feet north of the project site. Although the proposed facilities would be adequate to accommodate the development.

The proposed project is located on parcels with City of Indio General Plan Update (2040) and Unified Development Code zoning code and land use designations of: (1) Regional Commercial and (2) Parks Open Space. The General Plan Land Use Designations, the Unified Development Code Zoning Designations, and the existing uses in the project area are identified in the table below:

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 540 of 3061

GENERAL PLAN, ZONING, AND SURROUNDING EXISTING USE
General Plan 2040 Zoning Existing Use
Site:

Regional Commercial/
Parks and Open
Space
Regional Commercial/
Parks and Open
Space
Vacant Infill Land
Northeast: Suburban
Neighborhood High
Suburban
Neighborhood High
Asphalt Repair
Company and RV
Storage Facility
Northwest: Suburban
Neighborhood High
Suburban
Neighborhood High
Indio Municipal Golf
Course
South: Regional Commercial Regional Commercial
Avenue 42; beyond
Avenue 42:
commercial
East: Parks and Open
Space
Parks and Open
Space
Indio Municipal Golf
Course
West: Regional Commercial Regional Commercial
Jackson Street;
beyond Jackson
Street: commercial
and retail
PROPOSED FINDINGS:

General Plan Amendment
Pursuant to Indio Municipal Code Section 6.06.01, General Plan Amendment, subject state law provisions, the City Council shall not approve an amendment to the General Plan unless the proposed amendment meets the following criteria:

I.The proposed amendment is internally consistent with other applicable provisions of the General Plan;
The proposed amendment will be changing existing parcels from Parks and Open Space to Regional Commercial (RC). The surrounding parcels have a General Plan land use designation of Regional Commercial. The RC land use designation allows for large-format retail development, along with associated restaurant and commercial service activity. The proposed project will be constructing one (1) sit-down restaurant and three (3) drive-through restaurants, which would be consistent with the amended Regional Commercial land use designation. The property is surrounded by various commercial uses that are consistent with the proposed project.

II. The proposed amendment is in conformance with the goals, policies, and objectives of the General Plan;
The proposed amendment would change the land use designation of the subject parcels from Open Space to Regional Commercial (RC). The surrounding parcels have a General Plan land use designation of Regional Commercial. The RC land use designation provides large-format retail development along with associated restaurant and commercial service activity. The proposed project construction of one (1) sit-down restaurant and (3) three drive-through restaurants is consistent with the RC land use designation. The property is surrounded by various commercial uses that are consistent with the proposed project. The proposed project also integrates an upgrade to the Golf Course parking lot which furthers the General Plan goal of increasing access to Parks and Open Space. The design of the project includes a restaurant whose main feature is a view of the Indio Municipal Golf Course and incorporates view corridors to promote the value of the Golf Course.

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 541 of 3061 Goal LU-1: Citywide Urban Structure. An urban structure that enhances the quality of life of residents, meets the community’s vision for the future, and weaves new growth areas together with established Indio neighborhoods.

Policy LU-1.3: Continuous development. When development occurs outside the Downtown, Midtown, and existing central neighborhoods, locate new development adjacent to Indio’s built environment to create a contiguous expansion of the City.

The Project site is located in an area largely built out with commercial uses, retail services, and restaurants. The proposed infill development includes the construction of sit-down and drive-through restaurant businesses. The development proposes the construction of businesses which are primary uses within the RC zone as amended; the project would complement adjacent existing developments within the Regional Commercial zoning district.

Policy LU-1.4: Connecting new and old. Connect new growth areas with existing Indio neighborhoods through transportation investments, open space connectivity, wayfinding, and urban design strategies.

The proposed project will be developing four (4) buildings on the site, as well as the construction of a new Golf Course parking lot. The site plan and proposal is indicative of a project utilizing the natural beauty of its surroundings, which include the Indio Municipal Golf Course and its open space. The project proposal includes view corridors and onsite pedestrian walkways to connect the existing appurtenant sidewalks to the project. Construction of Building 4, a sit-down restaurant that opens onto the Golf Course, further encourages engagement with the associated open space.

The proposed project also includes the construction of a new Golf Course parking lot. The new parking lot is also a transportation investment which encourages people to visit the Golf Course. All of these items are factors which connect an already built-out residential area to this new development.

Goal LU-4: High-Quality Building Design. A beautiful city with a high-quality architecture and building design.

LU-4.1 Quality design. Use simple, urban building forms made with permanent materials with high quality detailing that stands the test of time.

The proposed project will be developing 4 buildings on the project site. The proposed buildings are designed in a contemporary style that will utilize various mixes of cement plaster, metal, glass, and aluminum clad to construct the interior and exterior designs. Building 1 is located at the northwestern corner of the project site. At the time of publication of this staff report, Building 1 does not have an identified end user, and will be developed utilizing a neutral color palette. Building 1 will be constructed using Coronado ledgestone accent pieces along the exterior walls, bronzed aluminum window awnings including a drive-through canopy, and plaster wall facades.

Building 2 is the proposed sit-down restaurant, which will be located at the northeastern portion of the project site and includes the construction of an outdoor patio area facing the Golf Course. The proposed building would be constructed utilizing stone veneer Coronado ledgestone, bronzed aluminum, and various shades of tan plaster. The proposed sit-down restaurant building will have large glass windows spanning the eastern side of the building. There will also be large windows

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 542 of 3061 located on portions of the southern and western sides of the building. All windows will have bronzed aluminum window awnings. The outdoor patio will be located on the eastern side of the proposed building. The patio will have a plaster and aluminum clad covering spanning the entire eastern side of the building. The building would be of various cohesive earth-toned colors.

Building 3 and Building 4 are both proposed quick-serve restaurants located adjacent to Avenue 42.

Building 3 will be a Chick-Fil-A which will be constructed with stucco, plaster, aluminum clad, and glass. The proposed base color palette of Building 3 consists of neutral colors with different variations of tan, brown, and white. Chick-Fil-A will also be utilizing their custom Sherwin Williams “Urban Night” red paint as an accent color on portions of stucco on Building 3.

Building 4 will be a Dutch Bros. Coffee. The color palette for Building 4 will be two different shades of gray with navy blue accents. The building will be constructed of metal and aluminum. It will also contain stone siding accent pieces along the lower south side of the building. The proposed building designs rely on the use of materials that can withstand extreme weather typical of the Coachella Valley. All of the Building articulations are focused around the primary entrances and façades visible from the roadways to provide visual interest from the public right-of-way.

LU-4.3 Building materials. Convey façade articulation through the strength, depth, and permanence of building materials. Thinner cladding materials, such as stucco, stone and masonry veneers, and wood or simulated wood, may be used when finished to appear as durable and authentic of the materials they simulate.

The Project will utilize various combinations which include cement, plaster, metal, glass, and aluminum clad to construct the interior and exterior designs. The proposed exterior materials have a well-documented history of proven performance in extreme climates, as exhibited by their regular use in developments in the Coachella Valley Region.

LU-4.4 Building entrances. Use visual and physical design cues within a building’s design and entries to emphasize the building entrance and connections to public spaces.

Extensive landscaping will be installed along the street frontage, and public parking will be accessible off of Avenue 42 and Jackson Street. Onsite pedestrian walkways will connect to the existing sidewalks on Avenue 42 and Jackson Street. The sidewalk provides continuous pedestrian access to the primary entrances and side entrances with direct access to the different buildings on the overall project site.

LU-4.5 Iconic design. Allow iconic and memorable building designs, particularly on larger nonresidential properties.

The Project proposes the construction of four buildings that will contain a mix of materials, cohesive paint colors, and extensive landscaping adjacent to the public right-of-way. The buildings will include architectural recession around the primary entryways and pick-up windows, further delineated window awnings and accent colors. The primary entrance to each building will include large glass

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 543 of 3061 windows along the front of the property and doors/ pick-up windows with a dark bronze aluminum casing.

LU-4.6 Climate-appropriate design. Encourage the use of building techniques and materials that relate to Indio’s warm and dry desert climate. Promote solar control and use of shade in building design and associated pedestrian amenities.

The Project is designed to maximize staff and customer parking near the entrance to each building.

The Project will provide patio shading for outdoor dining at the proposed sit-down restaurant and drive-through canopies at the proposed quick-serve restaurant, Dutch Bros., and Chick-Fil-A.

Various shade trees are proposed in parking areas to provide natural shade for vehicles. The Project landscape will utilize desert native and drought-resistant trees, shrubs, and cacti to minimize water demand associated with irrigation.

Goal LU-12: Infrastructure Provision. Existing and future residents and businesses are adequately serviced by public services and infrastructure.

The Project approval will include a condition of approval compelling the developer to make legally required public improvements to the surrounding street system that will improve the overall nature of this street system for residents, businesses, and others.

III. The proposed amendment would maintain the appropriate balance of land uses within the city;
The proposed amendment will be changing existing parcels from Open Space to Regional Commercial (RC). The surrounding parcels have a General Plan land use designation of Regional Commercial. The RC land use designation provides large-format retail development along with associated restaurant and commercial service activity. The proposed project will be constructing one sit-down restaurant and three drive-through restaurants which is consistent with the RC land use designation. The property is surrounded by various commercial uses that are consistent with the proposed project.

The City of Indio and the project applicant Can Do LLC., have completed a land swap agreement that will authorize the exchange of like-for-like parcels of land on the proposed project site. The developer will receive pieces of land that are currently zoned as Open Space which are adjacent to their existing parcels that will be zoned Regional Commercial. This zoning amendment will be consistent with existing surrounding zoning. In exchange, the City of Indio will be receiving parcels from the developer that will be designated Open Space, and which will then become a part of the existing Indio Municipal Golf Course. Therefore, with the like-for-like land swap agreement and subsequent zoning designation amendments would effectively maintain the current and therefore appropriate balance of land uses within the city. Specifically, the parcels exchanged are of almost the exact same square footage and will effectively trade zoning designations. They are located next to each other, and the swap in ownership leading to the swap of permitted land uses makes the transaction truly one-for-one.

IV. The proposed amendment is compatible with existing or proposed uses in the area, and would not create an “island” or spot land use designation inconsistent with the intent and policies of the General Plan, or with the density or land uses of surrounding properties; The proposed amendment will be changing existing parcels from Open Space to Regional Commercial (RC). The parcels in the immediate vicinity have a General Plan land use designation of Regional Commercial. The RC land use designation provides large-format retail development along with associated restaurant and commercial service activity. The proposed project will be

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 544 of 3061 constructing one sit-down restaurant and three drive-through restaurants which is consistent with the RC land use designation. The property is surrounded by various commercial uses that are consistent with the proposed project.

V. In the case of an amendment to the General Plan Land Use Map, the subject parcels are physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints), for the requested land use designation and the anticipated land use developments;
The proposed amendment will be changing existing parcels from Open Space to Regional Commercial (RC). The surrounding parcels have a General Plan land use designation of Regional Commercial. The RC land use designation provides large-format retail development along with associated restaurant and commercial service activity. The proposed project will be constructing one sit-down restaurant and three drive-through restaurants which is consistent with the RC land use designation. The property is surrounded by various commercial uses that are consistent with the proposed project. Indio Water Authority, Valley Sanitary District, Imperial Irrigation District, and the City of Indio Public Works Department have all reviewed the project and provided conditions of approval that support the physical suitability of the proposed amendment.

VI. The proposed amendment would not be detrimental to the public interest, health, safety, and general welfare; and
The Project includes the construction of a sit-down restaurant and three drive-through restaurants within the RC zone. The RC zone is intended to accommodate retail, commercial, service, entertainment/amusement, and other regional- and visitor-serving amenities in areas near major freeway connections and around major intersections.

Pursuant to Section 2.04.02 of the Unified Development Code, sit-down restaurant and drivethrough restaurants are permitted uses within the Regional Commercial zone (Unified Development Code, 71). The proposed Project shall be constructed in a manner consistent with the design standards set forth in the Unified Development Code. Therefore, the Project will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety, or general welfare.

VII. The proposed amendment is in compliance with the provisions of CEQA.

The Applicant’s environmental consultant, Kimley Horn, completed an Initial Study with a Mitigated Negative Declaration (IS/MND) in compliance with the California Environmental Quality Act (CEQA), to adequately analyze the Project’s potential impacts on the environment. The IS/MND found that the Project could have a significant effect on the environment, but that the significant effect can be sufficiently mitigated in this case on the basis of revisions to the Project which the Applicant has made to its proposed Project, or which the Project proponent has agreed to make.

The IS/MND determined that there would be no impact, or a less than significant impact in the following topic areas: aesthetics, agricultural and forestry resources, air quality, energy, greenhouse gas emissions, hazards and hazardous materials, hydrology/water quality, land use/planning, mineral resources, noise, population/housing, public services, recreation, transportation/ traffic, utilities/service systems, and wildfire. The IS/MND identified seven (7) CEQA topic areas that may have a potentially significant impact due to the development of the Project. These topic areas are Biological Resources, Cultural Resources, Geology/ Soils, and Tribal Cultural Resources. However, those impacts may be reduced so that they are “less than significant” once mitigation measures have been incorporated.

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 545 of 3061 If approved, the Project would require the inclusion of all mitigation measures identified in the IS/MND and adopted by the City. They will be identified in a Mitigation Monitoring Program to define the timing and other requirements for implementing these mitigation measures as the project is developed over time.

Zoning Ordinance Amendment
Pursuant to Indio Municipal Code Section 6.06.01, Zoning Text Amendment, subject state law provisions, the City Council must make the following findings for design review approval:

I. The amendment is consistent with the General Plan;
The proposed Zoning Text Amendment would be processed concurrently with the General Plan Amendment. The project site would be changed from Open Space to Regional Commercial to complement the change made in the General Plan Amendment. The Regional Commercial zoning designation complements the Regional Commercial General Plan land use designation. Therefore, the Zoning Text Amendment is consistent with the General Plan.

II. The proposed amendment is internally consistent with other applicable provisions of the Code;
The proposed project would be amending the zoning designation from Open Space to Regional Commercial. The proposed amendment is consistent with all relevant development and design standards found in the Unified Development Code. The proposed project would construct one sitdown restaurant and three drive-through restaurants and associated improvements.

Table 3.03.05-1 of the UDC summarizes the minimum number of vehicle parking spaces required by land use designations. Drive-Through Only restaurants require 1 space per employee plus 2 (designated?) spaces for pick-up and Restaurants with Dine-In and Take-Out require the greater of 1 space/3 seats or 6 spaces/1,000 sf, plus 1 space per 150 sf of outdoor dining and seating area over 450 sf. As such, the proposed project is must provide a minimum of 115 parking spaces. The proposed project includes 240 parking spaces, including 14 Americans with Disabilities Actcompliant spaces, which exceeds the minimum required parking for the proposed use. Therefore, the project is consistent with the required parking standards outlined in the UDC.

The Project includes the construction of three drive-through restaurants, a sit-down restaurant, and associated on-site improvements that are consistent with the use of neighboring properties. The proposed buildings will be constructed using a neutral color palette that consists of shades of tan, brown, dark blue, and gray. The overall site design of the buildings will complement nearby commercial developments, utilizing neutral colors and simple form and massing. The proposed site development will have desert-friendly drought-tolerant landscaping including but not limited to agave, palm trees, and barrel cacti which are plant species found in the project vicinity.

Landscaping is proposed along the street frontages providing visual interest for visitors and passersby. The Project includes landscaped drive-throughs and neutral-colored block walls. The sitdown restaurant located at the northeastern portion of the project site will have a pedestrian gate that leads to the Indio Municipal Golf Course. The gates will be made of wrought iron material with the remaining surrounding perimeter walls being made up of neutral-colored block walls with a smooth stucco finish. The proposed perimeter wall will provide security and screening, and the use of multiple materials will break up with the massing of a typical block wall. The Project is, thus, appropriately designed to enhance the surrounding natural environment.

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 546 of 3061 The Project will construct a sit-down restaurant and three drive-through restaurants and associated onsite improvements that are consistent with the use of neighboring properties. The Project includes two main entry access driveways off of Jackson Street and Avenue 42. There are existing sidewalks present along the project frontage on Jackson Street and Avenue 42. The onsite pedestrian walkways to be constructed by the Applicant will connect to the existing sidewalk. The project will include 240 parking spaces 14 of which will be reserved for handicap-accessible vehicles. The Project Site Plan identifies bicycle parking at the sit-down restaurant and vehicle charging station infrastructure throughout the property. The existing parcel has been previously graded and as such, the site is relatively flat with a current slope of less than 5 percent (5%). Moreover, the City Public Works Department included in its conditions of approval that the applicant must submit a precise grading plan prior to the issuance of the Grading Permit, and that all overhead utilities less than 92kv, located within the Project boundaries, bordering the Project and/or fronting the Project shall be undergrounded prior to the issuance of the Certificate of Occupancy.

The Project will utilize design materials such as concrete plaster, glass, and metal which are consistent with other buildings within the project vicinity. Landscape areas will be installed along the street frontage, including Mexican Blue Palms and Blue Palo Verde trees to break up the building façade visible from the public right-of-way. Landscape areas will also be installed adjacent to the entrances of the building, within parking areas, and along the perimeter of the site. Large glass panels and doors will be installed at the entrances of Buildings 1, 2, and 3. Glass pick-up windows and bronzed window awnings will be installed at the Dutch Bros. building. The Project will have a max floor area ratio (FAR) of .051, which is less than the maximum FAR of 1 for the RC zoning designation and compatible with the uses in the Project vicinity. Thus, the Project is integrated, internally and in relation to the vicinity, in terms of colors, materials, scale, and building design.

The Project includes the construction of a sit-down restaurant and three drive-through restaurants that will be constructed in a contemporary style, using a mix of different building materials. The buildings will be primarily rendered in cement, with accents in metal and glass to emphasize the surface articulation and visually break up the massing. The proposed design will complement existing industrial development within the project vicinity.

III. Any change in zone boundaries is consistent with the General Plan and is necessary to achieve the balance of land uses desired by the City;
The proposed Zoning Text Amendment would be processed concurrently with the General Plan Amendment. The project site would be changed from Open Space to Regional Commercial to complement the change made in the General Plan Amendment; and the parcels which became City property would be changed from Regional Commercial to Open Space. The intent is to incorporate the new Open Space parcels into the Municipal Golf Course property for use as parking and the relocation and construction of a new maintenance yard. The Regional Commercial zoning designation is intended to complement the Regional Commercial General Plan land use designation.

IV. The amendment will promote the growth of the city in an orderly manner and promote and protect the public health, safety, peace, comfort, and general welfare; and The proposed Zoning Text Amendment would be processed concurrently with the General Plan Amendment. The project site would be changed from Open Space to Regional Commercial to complement the change made in the General Plan Amendment; and the parcels which became City property would be changed from Regional Commercial to Open Space. The Regional Commercial zoning designation is intended to complement the Regional Commercial General Plan land use designation. The Project includes the construction of a sit-down restaurant and three drive-through restaurants within the RC zone. The RC zone is intended to accommodate retail, commercial,

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 547 of 3061 service, entertainment/amusement, and other regional- and visitor-serving amenities in areas near major freeway connections and around major intersections.

Pursuant to Section 2.04.02 of the Unified Development Code, sit-down restaurants and drivethrough restaurants are permitted uses within the Regional Commercial zone (Unified Development Code, 71). The proposed Project will be constructed in a manner that is consistent with the design standards set forth in the Unified Development Code. Therefore, the Project will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety, or general welfare.

V. The proposed amendment is in compliance with the provisions of the CEQA.

The Applicant’s environmental consultant, Kimley Horn, completed an Initial Study with a Mitigated Negative Declaration (IS/MND) in compliance with the California Environmental Quality Act (CEQA) to adequately analyze the Project’s potential impacts on the environment. The IS/MND determined that the Project could have a significant effect on the environment, but there will not be a significant effect in this case because revisions in the Project have been made by or agreed to by the Project proponent.

The IS/MND determined that there would be no impact, or a less than significant impact, on the following topic areas: aesthetics, agricultural and forestry resources, air quality, energy, greenhouse gas emissions, hazards and hazardous materials, hydrology/water quality, land use/planning, mineral resources, noise, population/housing, public services, recreation, transportation/ traffic, utilities/service systems, and wildfire. The IS/MND identified seven (7) CEQA topic areas: Biological Resources, Cultural Resources, Geology/ Soils, and Tribal Cultural Resources that may have potentially significant impacts due to the development of the Project, but those will become “less than significant” once the mitigation measures are incorporated in the proposal.

If approved, all mitigation measures identified in the IS/MND and adopted by the City will be identified in a Mitigation Monitoring Program to define the timing and other requirements for implementing these mitigation measures as the project is developed over time.

Planning Review
Pursuant to Indio Municipal Code Section 6.04.03, Planning Review, subject to state law provisions, the Planning Commission must make the following findings for design review approval:

I. General Plan Consistency. Consistency with General Plan policies and any applicable specific plan, project master plan or development agreement.

General Plan Consistency
The Project site has a General Plan 2040 land use designation of Regional Commercial (RC). The RC land use designation is intended to provide large-format retail development along with associated restaurant and commercial service activity. The proposed project will be constructing one sit-down restaurant, three quick-serve restaurants, and associated improvements. The proposed restaurant uses are identified as a primary land use within the RC designation and would be in compliance with the City of Indio General Plan 2040 Update (City of Indio General Plan, 42).

The following analyzes the project’s conformity to applicable goals and policies of the General Plan 2040:

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 548 of 3061 Goal LU-1: Citywide Urban Structure. An urban structure that enhances the quality of life of residents, meets the community’s vision for the future, and weaves new growth areas together with established Indio neighborhoods.

The Project site is located in an area largely built out with commercial/ retail services and restaurants. The proposed infill development will be constructing sit-down and drive-through restaurant businesses. The proposed uses are primary uses within the RC zone and would complement adjacent development within the Regional Commercial zoning district.

Goal LU-4: High-Quality Building Design. A beautiful city with a high-quality architecture and building design.

LU-4.1 Quality design. Use simple, urban building forms made with permanent materials with high quality detailing that stands the test of time.

The applicant will be developing 4 buildings on the project site. The proposed buildings are designed in a contemporary style that will utilize various mixes of cement plaster, metal, glass, and aluminum clad to construct the interior and exterior designs. Building 1 is located at the northwest corner of the project site. At the time of publication of this staff report, Building 1 does not have an identified end user and will be developed utilizing a neutral color palette. Building 1 will have Coronado ledgestone accent pieces along the exterior walls, bronzed aluminum window awnings and drive-through canopy, and plaster wall facades. Building 2 is the proposed sit-down restaurant with patio and will be located at the northeastern portion of the project site. The proposed building would be constructed utilizing stone veneer Coronado ledgestone, bronzed aluminum, and various shades of tan plaster. The proposed building will have large glass windows that span across the eastern side of the building. There will also be large windows located on a portion of the southern and western sides of the building. All windows will have bronzed aluminum window awnings. The outdoor patio will be located on the eastern side of the proposed building. The patio will have a plaster and aluminum clad covering that spans the entirety of the eastern side of the building. The building would be of various cohesive earth-toned colors.

Buildings 3 and 4 are both proposed as quick-serve restaurants to be located adjacent to Avenue

42. Building 3 will be constructed with stucco, plaster, aluminum clad, and glass. Building 3 will be a Chick-Fil-A. Chick-Fil-A will be utilizing their custom Sherwin Williams “Urban Night” red as an accent color on portions of stucco on the building. The proposed base color palette of Building 3 consists of neutral colors with different variations of tan, brown, and white. Building 4 will be a Dutch Bros. Coffee. The color palette for Building 4 will be two different shades of gray with navy blue accents. The building will be constructed using metal and aluminum. It will also contain stone siding accent pieces along the lower south side of the building. The proposed building designs rely upon materials that can withstand extreme weather typical of the Coachella Valley. The compilation of Buildings focuses its articulations to surround primary entrances. The façades are visible from the roadways and designed to provide visual interest from the public right-of-way.

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 549 of 3061 The Project will utilize various mixes of cement plaster, metal, glass, and aluminum clad to construct the interior and exterior designs. The proposed exterior materials have a well-documented history of proven performance in extreme climates, as exhibited by their common use in development in the Coachella Valley Region.

LU-4.4 Building entrances. Use visual and physical design cues within a building’s design and entries to emphasize the building entrance and connections to public spaces.

Buildings 1, 2, and 3 will have dark bronze anodized window awnings that highlight the primary entrances of the buildings. The primary entrance to each building will include large glass windows and doors with a dark bronze aluminum casing. Building 4 will have a walk-up pick-up window that will be framed with aluminum casing. The pick-up window will also be painted in a Dutch Bros. custom dark blue color. Extensive landscaping will be installed along the street frontage and public parking will be accessible off of Avenue 42 and Jackson Street. Onsite pedestrian walkways will connect to the existing sidewalks on Avenue 42 and Jackson Street. The sidewalk provides continuous pedestrian access to the primary entrances and side entrances with direct access to the different buildings on the overall project site.

LU-4.5 Iconic design. Allow iconic and memorable building designs, particularly on larger nonresidential properties.

The Project includes the construction of four buildings that will contain a mix of materials, cohesive paint colors, and extensive landscaping adjacent to the public right-of-way. The buildings will include architectural recession around the primary entryways and pick-up windows, further delineated window awnings and accent colors. The primary entrance to each building will include large glass windows along the front of the property and doors/ pick-up windows with a dark bronze aluminum casing.

The Project is designed to maximize staff and customer parking near the entrance to each building.

The Project will also provide patio shading for outdoor dining at the proposed sit-down restaurant and drive-through canopies at the proposed quick-serve restaurant, Dutch Bros., and Chick-Fil-A.

Goal LU-12: Infrastructure Provision. Existing and future residents and businesses are adequately serviced by public services and infrastructure.

The Project will be required to make legally required public improvements to the surrounding street system that will improve the overall nature of this street system for residents, businesses, and others.

II. Standards Consistency. Consistency with applicable objective development standards and design standards and/or design guidelines adopted by the City Council.

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 550 of 3061 The City Council adopted the City of Unified Development Code (UDC) on September 21, 2022, which became effective on October 22, 2022. The following identifies land use regulations and development standards relevant and applicable to the Project and makes findings of fact regarding if and how the Project complies with them:

Section 2.04.02: Land Use Regulations
Section 2.04.02 of the Unified Development Code provides the land uses allowed in the nonresidential zones, together with the planning permit type required for each use (Unified Development Code, 32). The Project site is located within the Regional Commercial (RC) zone. The RC designation is intended to accommodate retail, commercial, service, entertainment/amusement, and other regional- and visitor-serving amenities in areas near major freeway connections and around major intersections. Under the Unified Development Code, sit-down restaurants and quick-serve restaurants are permitted uses within the Regional Commercial zone (Unified Development Code, 73).

Section 2.04.03: Development Regulations
Section 2.04.03 of the Unified Development Code prescribes the development standards for the non-residential zones (Unified Development Code, 78). The following addresses the specified development regulations and whether the project complies or does not comply with each specified regulation:

Standard Required by Code Proposed Project
Lot and Density Standards
Minimum Lot Size (sf) 40,000 266,735
Minimum Lot Width (lf) 100 361.91
Minimum Lot Depth (lf) 200 325.26
Building Form and Location
Maximum Floor Area Ratio 1.0 0.051
Maximum Height (ft)/Stories –
Primary Building 55/3 stories 20.10
Maximum Height (ft)/Stories –
Primary Building with
Architectural Features
65 24.00
Maximum Height Adjacent to
Residential Zones
Within 45-degree plane from
property line at grade N/A
Distance Between Structures Minimum required by Building and Fire Code
Meets Minimum required by
Building and Fire Code
Setbacks – Minimum
Front 10 10.6
Street Side 10 10
Interior Side 10; 25 ft abutting residential
zone
10 Rear 10; 25 ft abutting residential
zone
10 Alley 5 N/A
Open Space Standards

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 551 of 3061 Standard Required by Code Proposed Project
Minimum Open Space 10% of lot (must be publicly
accessible) 240
Minimum Landscaping (% of
lot) 10 20
Section 3.03.05: Off-Street Vehicle Parking Requirements Section 3.03.05 of the UDC prescribes off-street parking requirements for development within the City.

Minimum Number of Vehicle Spaces Required. Table 3.03.05-1 of the UDC summarizes the minimum required vehicle parking spaces by land use. Drive-Through Only restaurants require 1 space per employee, plus 2 designated spaces for “pick up” and Restaurants with Dine-In and TakeOut options require the greater of 1 space/3 seats or 6 spaces/1,000 sf, plus 1 per 150 sf of outdoor dining and seating area over 450 sf. As such, the proposed project is required to provide a minimum of 115 parking spaces. The proposed project includes 240 parking spaces, including 14 Americans with Disabilities Act-compliant spaces, which exceeds the minimum required parking for the proposed use.

III. Overall Function and Design. The project design is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community. The overall design of the project, including its scale, massing, site plan, exterior design, and landscaping, will enhance the appearance and features of the project site and the surrounding natural and built environment.

The Project includes the construction of three drive-through restaurants, a sit-down restaurant, and associated on-site improvements that are consistent with the current uses of neighboring properties.

The proposed buildings will be constructed using a neutral color palette that consists of shades of tan, brown, dark blue, and gray. The overall site design of the buildings will complement nearby commercial development, utilizing neutral colors and simple form and massing. The proposed site development will have desert-friendly drought-tolerant landscaping including but not limited to agave, palm trees, and barrel cacti which are plant species found in the project vicinity.

Landscaping is proposed along the street frontages providing visual interest for visitors and passersby. The Project includes landscaped drive-throughs and neutral-colored block walls. The sitdown restaurant located at the northeastern portion of the project site will have a pedestrian gate that leads to the Indio Municipal Golf Course. The gates will be made of wrought iron material with the remaining surrounding perimeter walls being made up of neutral-colored block walls with a smooth stucco finish. The proposed perimeter wall will provide security and screening, and the use of multiple materials will break up with the massing of a typical block wall. Thus, the proposed Project is appropriately designed to enhance the surrounding natural environment.

IV. Site Design. Structures within the development and between the structures and the site relate to one another. Proposed structures and related site development improvements (e.g., access, parking, grading, etc.) relate and connect to existing development in the vicinity. The site is designed to promote efficient circulation and encourage a range of transportation modes by providing safe and convenient routes for pedestrians and cyclists. Projects incorporate necessary utilities and service areas (e.g., refuse and recycling enclosures) such that they are compatible with the overall design of the project and minimize visual impacts.

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 552 of 3061 The Project will construct a sit-down restaurant and three drive-through restaurants and associated onsite improvements that are consistent with the use of neighboring properties. The Project includes two main entry access driveways off of Jackson Street and Avenue 42. There are existing sidewalks present along the project frontage on Jackson Street and Avenue 42. The onsite pedestrian walkways will connect to the existing sidewalk. The project will include 240 parking spaces. Of the 240 parking spaces, 14 parking spaces will be reserved for handicap-accessible vehicles. The Project Site Plan identifies bicycle parking at the sit-down restaurant and vehicle charging station infrastructure throughout the property. The existing parcel has been previously graded and is relatively flat with a current slope of less than 5 percent. Moreover, the City Public Works Department included in its conditions of approval that prior to the issuance of the Grading Permit, the applicant must submit a precise grading plan and prior to the issuance of the Certificate of Occupancy that all overhead utilities less than 92kv, located within the Project boundaries, bordering the Project and/or fronting the Project shall be underground.

V. Building Design. Buildings are designed to mediate scale, massing, and bulk, reflect a human scale design, and enhance the pedestrian experience through building modulation and facade articulation treatments. The project architecture is harmoniously integrated internally and in relation to the architecture in the vicinity in terms of colors and materials, scale, and building design. The design is sensitive to and compatible with historic and lowdensity or sensitive uses in the vicinity.

The Project will utilize design materials such as concrete plaster, glass, and metal which are consistent with other buildings within the project vicinity. Landscape areas will be installed along the street frontage, including Mexican Blue Palms and Blue Palo Verde trees to break up the building façade visible from the public right-of-way. Landscape areas will also be installed adjacent to the entrances of the building, within parking areas, and along the perimeter of the site. Large glass panels and doors will be installed at the entrances of Buildings 1, 2, and 3. Glass pick-up windows and bronzed window awnings will be installed at the Dutch Bros. building. The Project will have a max floor area ratio (FAR) of .051 which is less than the maximum FAR for the RC zoning designation and compatible with the uses in the Project vicinity. Thus, the Project is integrated, internally and in relation to the vicinity, in terms of colors, materials, scale, and building design.

VI. Streetscape. The design of streetscapes, including street trees, lighting, and pedestrian furniture, is consistent with the intended character of the area.

The Project’s landscape plan will utilize primarily desert and other low to moderate-water-use plants.

The proposed landscaping plan consists of palms, trees, and shrubs that will line the property line, pedestrian walkways, and the common outdoor space that is consistent with other buildings within the project vicinity. The applicant will be required to provide a lighting plan that must be approved by the City of Indio Community Development Director prior to the issuance of building permits. The largest landscape area will be installed adjacent to the street frontage, and will include Mexican Blue Palms and Blue Palo Verde trees that will provide visual interest from the public right-of-way.

VII. Lighting. Lighting and lighting fixtures are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, and avoid creating glare.

Since the precise location of lighting associated with the proposed development has not been determined at this time, the applicant will be required to provide a lighting plan that must be approved by the City of Indio Community Development Director. All exterior lighting must be consistent with the standards set forth in Section 3.02.11 of the UDC.

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 553 of 3061 VIII. Landscaping. Landscaping is designed to be compatible with and enhance the architectural character and features of the buildings on site, conserve water, provide buffers or screening, and help relate the building to the surrounding landscape.

The Applicant proposes landscaped areas along the perimeter of the project site, within parking areas, and adjacent to walkways. Shade trees will be installed in medians in parking areas to provide natural shade for vehicles. Landscaping throughout the Project site consists of primarily desert and other low to moderate-water use plants. The plant list includes but is not limited to, blue palo verde, smooth agave, texas ranger, and red yucca. The applicant proposed five different types of trees and palms that will be concentrated along the street frontage, access driveway and parking areas.

IX.Consistency and Compatibility. Project details, materials, signage, and landscaping, are internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the proposed architectural design.

X. The project will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety, or general welfare.

The Project includes the construction of a sit-down restaurant and three drive-through restaurants within the RC zone. The RC zone is intended to accommodate retail, commercial, service, entertainment/amusement, and other regional- and visitor-serving amenities in areas near major freeway connections and around major intersections.

Pursuant to Section 2.04.02 of the Unified Development Code, sit-down restaurant and drivethrough restaurants are permitted uses within the Regional Commercial zone (Unified Development Code, 71). The proposed Project will be constructed in a manner that is consistent with the design standards set forth in the Unified Development Code. Therefore, the Project will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety, or general welfare.

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

The Indio Municipal Code provides that upon recommending approval, whether unequivocally or with modifications to the requirements and conditions it proposes upon a tentative map, the City Council shall make the findings required by the Subdivision Map Act. (Indio City Code § 156.024) California Government Code Section 66474 sets forth the findings that both the Planning

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 554 of 3061 Commission and the City Council must adopt to approve tentative maps. Those findings pertaining to the proposed tentative parcel map are outlined below:

I. The proposed map is consistent with applicable general and specific plans:

Incorporating the facts set forth above, the proposed parcel subdivision map will conform with the General Plan land use designation of Regional Commercial and with the policies and specific actions as described above. The proposed project is not within a specific plan area; therefore, the City Council need only find that the proposal is consistent with the General Plan. The proposed map outlining the parcel subdivision, including any design and improvements, is consistent with the City of Indio’s 2040 General Plan.

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

Incorporating the facts set forth above, the proposed parcel subdivision will be in conformance with the General Plan land use designation of Regional Commercial and with the policies and specific actions as described above. The proposed project is not within a specific plan area; therefore, the City Council need only find that the proposal is consistent with the General Plan. The proposed parcel subdivision, including any design and improvements, is consistent with the applicable general plan.

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

The Project Site is physically suitable for the type of development proposed and is consistent with the general development standards contained in the City of Indio General Plan Update. Adequate access and infrastructure exists; or will be provided as a condition of approval for the development of the Project. Furthermore, the site has no topographical constraints. Therefore, we find that the proposed subdivision is physically suitable for the site.

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

The Project Site has both a land use designation of Regional Commercial and a zoning designation of Regional Commercial (RC). The RC land use designation permits the construction of large-format retail development along with associated restaurant and commercial service activity. The proposed tentative tract map will be subdividing land for a multi-tenant tenant commercial retail center totaling 13,620 square feet (sf) on 6.12 acres of vacant land. The proposed project is consistent with the City of Indio General Plan and the Unified Development Code. The Project will be a suitable development in keeping with the requirements of the general development standards of the Unified Development Code and the General Plan 2040. Therefore, the site of the subdivision proposed under Tentative Parcel Map No. 38632 will be physically suitable for the proposed density of development.

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

The Project Site is surrounded by commercial and recreational uses. The Initial Study found that there are no significant environmental impacts once the proposed mitigation measures are incorporated. There is no presence of fish or wildlife or their habitat on this property. There are no watercourses, streams, or wetlands present on the property. The Project is therefore not likely to cause substantial environmental damage within the City because, with the adoption of the mitigation measure, the project does not pose a significant risk of environmental harm; nor does it provide fish or significant wildlife habitat.

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 555 of 3061 VI. The design of the subdivision or type of improvements are not likely to cause serious public health problems in that:

Neither the proposed design of the subdivision nor the type of improvements contemplated by the proposed parcel map are likely to cause serious public health problems. Adequate sewer and water systems will be available and accessible to the resultant parcels. The parcels have the necessary infrastructure to adequately serve the proposed development, and all proposed uses as allowed by the General Plan and the Unified Development Code.

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

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

Staff concludes that on the basis of the foregoing provisions of this report, the findings are consistent with the standards set forth in Government Code Section 66474 and can affirmatively be adopted for the proposed Tentative Parcel Map No. 38632 (Case File No. 23-02-14). The proposed parcel subdivision is consistent with the General Plan as it meets the RC land use designation and the Unified Development Code RC zoning designation. Further, the subdivision of the parcel will not conflict with easements acquired by the public at large, for access through or use of property within the proposed parcel subdivision as all such improvements will be constructed in a manner that adequately supports the Project, that it will not cause substantial environmental damage or substantially avoidably injure fish, wildlife, or their habitat. The required conditions of approval prevent the Project from being detrimental to the public health, safety, or welfare and ensures the protection and promotion of public health, safety, and welfare, and that the conditions prevent material injury to properties or improvements in the vicinity.

PUBLIC HEARING NOTICE:

A public hearing notice for the Project was published in the Desert Sun, the newspaper of record, on November 22, 2023. A public hearing notice was mailed to property owners within a radius of 500 feet of the subject property on November 20, 2023, consistent with Section 6.03.08 of the City of Indio Unified Development Code. All comments received on the IS/MND have been addressed and included in the Final IS/MND at the time of issuance of this staff report.

ENVIRONMENTAL ASSESSMENT:

Section 6.03.06 of the Unified Development Code states that all “projects” as defined by the California Environmental Quality Act (CEQA) shall be reviewed for compliance with or exemption from CEQA or its Guidelines. Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines) (Unified Development Code, 284). The Applicant’s environmental consultant, Kimley Horn, completed an Initial Study with a Mitigated Negative Declaration (IS/MND) in compliance with the California Environmental Quality Act (CEQA) to adequately analyze the Project’s potential impacts on the environment. The IS/MND determined that the Project could have a significant effect on the environment, but there will not be a significant

Page 18 of 2023 ends

Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 556 of 3061 effect in this case because revisions in the Project have been made by or agreed to be made by the Project proponent.

The IS/MND determined that there would be no impact; or a less than significant impact on the following topic areas: aesthetics, agricultural and forestry resources, air quality, energy, greenhouse gas emissions, hazards and hazardous materials, hydrology/water quality, land use/planning, mineral resources, noise, population/housing, public services, recreation, transportation/ traffic, utilities/service systems, and wildfire. The IS/MND identified seven (7) CEQA topic areas that may have a potentially significant impact due to the development of the Project. These topic areas are Biological Resources, Cultural Resources, Geology/ Soils, and Tribal Cultural Resources. The study further found that the adoption of the mitigation measures will change such impacts to less than significant.

ATTACHMENTS:

Attachment 1 Resolution No. 10405
Attachment 2 Resolution No. 10406
Attachment 3 Resolution No. 10407
Attachment 4 Resolution No. 10409
Attachment 5 The Greens-Indio IS_MND and appendices
Attachment 6 The Greens - Indio Response to Comments Final IS/MND_Nov2023 Attachment 7 The Greens - Indio MMRP
Attachment 8 - Site Plan
Attachment 9 - Landscape Plan
Attachment 10 - Change of Zone Exhibit Zone
Attachment 11 - General Plan Amendment Exhibit (23.11.17) Attachment 12 - Floor Plan - Bldg 1
Attachment 13 - Colored Elevations - Bldg 1
Attachment 14 - Trash Enclosure Details Bldg 1
Attachment 15 - Colored Elevations - Bldg 2
Attachment 16 - Trash Enclosure Details
Attachment 17 - Floor Plan - Bldg 2
Attachment 18 - Bldg 2 - Render 1
Attachment 19 - Bldg 2 - Render 2
Attachment 20 - 22-136_Indio CA_Color Elevations_ledgestone_230918 Attachment 21 - CFA - Floor Plan
Attachment 22 - CFA - OMD Canopy
Attachment 23 - CFA - OP Canopy
Attachment 24 - CA3704 - A2.0 - FLOOR PLAN - A2-A2.0 FLOOR FIN SCHEDULE Attachment 25 - CA3704 - A9.0 - TRASH ENCLOSURE - A2-A9.0 TRASH ENCLOSURE Attachment 26 - Color Material Board

Page 19 of 2023 ends

Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 557 of 3061 Attachment 27 - DB Color Material Board
Attachment 28 - 22031 - Drainage Study (23.09.11)
Attachment 29 - 22031-PWQMP- Golf Course-Indio (09.11.2023) Attachment 30 22031-PWQMP- The Greens at Indio (23.09.11) Attachment 31 231115 - Indio - Current Land Use Overlay Map Attachment 32 City Compiled Correspondence
Attachment 33 Zoning Ordinance No. 1802
APPROVAL(S):

Steven Graham, City Attorney Approved - 30 Nov 2023
Alan Garcia, Accountant Approved - 30 Nov 2023
Bryan H. Montgomery, City Manager Approved - 30 Nov 2023

Page 20 of 2023 ends

Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 558 of 3061 1 RESOLUTION NO. 10405

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

ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION

MONITORING AND REPORTING PROGRAM FOR THE GENERAL PLAN

AMENDMENT, ZONING ORDINANCE AMENDMENT, TENTATIVE PARCEL MAP AND PLANNING REVIEW FOR THE GREENS AT INDIO PROJECT (CASE FILE NO. 23-02-14) FOR THE DEVELOPMENT OF A MULTI-TENANT COMMERCIAL RETAIL CENTER AND ASSOCIATED IMPROVEMENTS ON APPROXIMATELY 6.12 ACRES OF LAND LOCATED ALONG AVENUE 42 AND JACKSON STREET (ASSESSOR’S PARCEL NUMBER 692-670-001, 692-670-014, 692-670-017, 692-040-020, AND 692- 040-007)
WHEREAS, Can Do LLC, submitted an application for a General Plan Amendment, Zoning Text Amendment, Tentative Parcel Map, and Planning Review with associated environmental documentation on behalf of Can Do LLC, proposing the development of a multi-tenant commercial retail center of 13,620 square feet (“sf”) on

6.12 acres of vacant land (hereafter “Project Site”); and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., and CEQA Guidelines Section § 15070 (Decision to Prepare a Negative or Mitigated Negative Declaration), a public agency shall prepare or have prepared a proposed negative declaration or a mitigated negative declaration for a project subject to CEQA when the initial study identifies potentially significant impacts but revisions in the project plan or proposals made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and,
WHEREAS, pursuant to CEQA Guidelines Section § 15070, an initial study with mitigated negative declaration was prepared for the Proposed Project (“Initial Study/Mitigated Negative Declaration), and mitigation measures have been incorporated into the Mitigated Negative Declaration and will be imposed on the Proposed Project through the City’s adoption of a Mitigation Monitoring and Reporting Program (“MMRP”) in compliance with CEQA Guidelines Section 15070(d); and, WHEREAS, pursuant to CEQA Guidelines Section § 15073 (Public Review of a Proposed Negative Declaration or Mitigated Negative Declaration), the Initial Study/Mitigated Negative Declaration was circulated for public review from October 6, 2023, to October 26, 2023; and,
WHEREAS, pursuant to CEQA Guidelines Section § 15073 (Public Review of a Proposed Negative Declaration or Mitigated Negative Declaration), comments were received pertaining to the Initial Study/Mitigated Negative Declaration and added to the administrative record.,

Page 21 of 2023 ends

Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 559 of 3061 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, HEREBY RESOLVES, FINDS, AND DETERMINES AS FOLLOWS:

Section 1. Incorporation of Recitals. The City Council hereby specifically finds that all of the facts set forth in the recitals of this Resolution are true and correct, are incorporated into the following findings by reference, and constitute a material part of this Resolution.

Section 2. Adoption of IS/MND and MMRP. Based upon the evidence presented at the hearing, including the staff report and written and verbal testimony, the City Council hereby adopts the Initial Study and Mitigated Negative Declaration as well as the Mitigation Monitoring and Reporting Program for the Project attached hereto as Attachments 5 (IS/MND and Appendices), Attachment 6 (Responses to Comments), and Attachment 7 (MMRP).

2.1 All of the above documents are on file with the Office of the City Clerk located at City Hall 100 Civic Center Drive, Indio, CA 92201.

2.2 The above adoption reflects the City Council’s own independent judgment and analysis.

2.3 On the basis of the whole record, including the Initial Study, and any comments received and the responses to said comments, that there is no substantial evidence that the project, collectively or singularly, will have a significant effect on the environment.

2.4 The project mitigation imposed, as described in the Initial Study and supporting documents, will avoid any potentially significant effects to a point where there are no significant adverse impact on the environment would occur with the mitigation imposed.

Section 3. Effective Date. This Resolution shall become effective immediately upon adoption.

PASSED, APPROVED, and ADOPTED this 6th day of December 2023, by the following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

LUPE RAMOS-AMITH
MAYOR

Page 22 of 2023 ends

Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 560 of 3061 3 ATTEST:

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

Page 23 of 2023 ends

Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 561 of 3061 1 RESOLUTION NO. 10406

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, APPROVING THE GENERAL PLAN AMENDMENT FOR THE GREENS AT INDIO (CASE FILE NO. 23- 02-14) FOR THE DEVELOPMENT OF A MULTI-TENANT COMMERCIAL RETAIL CENTER AND ASSOCIATED IMPROVEMENTS ON APPROXIMATELY 6.12 ACRES OF LAND LOCATED ALONG AVENUE 42 AND JACKSON STREET (ASSESSOR’S PARCEL NUMBER 692-670-001, 692-670-014, 692-670-017, 692-040-020, AND 692- 040-007)
WHEREAS, Can Do LLC, submitted an application for a General Plan Amendment, Zoning Text Amendment, Tentative Parcel Map, and Planning Review with associated environmental documentation on behalf of Can Do LLC, proposing the development of a multi-tenant commercial retail center of 13,620 sf on 6.12 acres of vacant land (hereafter “Project Site”); and
WHEREAS, the Greens at Indio project would be developed along Avenue 42 and Jackson Street (Assessor’s Parcel Numbers 692-670-001, 692-670-014, 692-670- 017, 692-040-020, and 692-040-007). The project will also include surface parking, landscaping, and off-site right-of-way improvements along Avenue 42 and Jackson Street; and
WHEREAS, the proposed General Plan Amendment conforms with the goals, policies, and objectives of the General Plan and would maintain the appropriate balance of land uses within the city; and
WHEREAS, the proposed General Plan Amendment is compatible with existing or proposed uses in the area, and would not create an “island” or spot land use designation inconsistent with the intent and policies of the General Plan, or with the density or land uses of surrounding properties; and
WHEREAS, the proposed General Plan Amendment complies with all of the City’s land use designations and would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and
WHEREAS, the subject parcels are physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints), for the requested land use designation and the anticipated land use developments; and
WHEREAS, the proposed amendment would not be detrimental to the public interest, health, safety, and general welfare; and
WHEREAS, the proposed amendment is in compliance with the applicable provisions of CEQA and the CEQA Guidelines; and

Page 24 of 2023 ends

Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 562 of 3061 2 WHEREAS, at a public hearing on the November 8, 2023, the City of Indio Planning Commission reviewed the proposed General Plan Amendment, Zoning Text Amendment, Tentative Parcel Map, Planning Review, and associated environmental documentation for the project; and
WHEREAS, a notice of a public hearing to consider the General Plan Amendment, Zoning Text Amendment, Tentative Parcel Map, and Environmental Assessment (Case File No. 23-02-14) was issued in accordance with Section 6.03.08 of the Indio Municipal Code and Public Resources Code Section 21092, inclusive of the publication on November 21, 2023, of a legal public hearing notice which was published in the Desert Sun, the City’s newspaper of record and mailing of a public hearing notice to a certified list of property owners within 500 feet of the subject properties on November 20, 2023.

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

SECTION 1. Incorporation of Recitals. The City Council hereby specifically finds that all of the facts set forth in the recitals of this Resolution are true and correct, are incorporated into the following findings by reference, and constitute a material part of this Resolution.

SECTION 2. General Plan Amendment Findings. Based upon the evidence presented at the hearing, including the staff report and written and verbal testimony, the City Council hereby finds that the proposed General Plan Amendment is consistent with UDC Section 6.06.01(H):

I. The proposed amendment is internally consistent with other applicable provisions of the General Plan;
II. The proposed amendment is in conformance with the goals, policies, and objectives of the General Plan;
III. The proposed amendment would maintain the appropriate balance of land uses within the city;
IV. The proposed amendment is compatible with existing or proposed uses in the area, and would not create an “island” or spot land use designation inconsistent with the intent and policies of the General Plan, or with the density or land uses of surrounding properties;
V. In the case of an amendment to the General Plan Land Use Map, the subject parcels are physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints), for the requested land use designation and the anticipated land use developments;

Page 25 of 2023 ends

Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 563 of 3061 3 VI. The proposed amendment would not be detrimental to the public interest, health, safety, and general welfare; and
VII. The proposed amendment is in compliance with the provisions of CEQA.

SECTION 3. General Plan Amendment. Based on the foregoing, the City Council hereby APPROVES the Greens at Indio General Plan Amendment (Case File No. 23-02-14) as reflected in Attachment No. 11 “General Plan Amendment Exhibit.” SECTION 4. The City Clerk shall certify the passage, approval, and adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 6th day of December 2023, by the following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

LUPE RAMOS-AMITH
MAYOR
ATTEST:

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

Page 26 of 2023 ends

Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 564 of 3061 1 RESOLUTION NO. 10407
RESOLUTION NO. 10407 OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE PARCEL MAP 38632 (CASE FILE NO. 23-02-14) FOR THE GREENS AT INDIO PROJECT PURSUANT TO CHAPTER 156 (SUBDIVISION REGULATIONS) OF THE INDIO CITY CODE TO BE CONSTRUCTED ON CERTAIN REAL PROPERTIES ON APPROXIMATELY 6.12 ACRES LOCATED ALONG AVENUE 42 AND JACKSON STREET (APN’S 692-670- 001, 692-670-014, 692-670-017, 692-040-020, AND 692-040-007) WHEREAS, Can Do LLC, submitted an application for a General Plan Amendment, Zoning Text Amendment, Tentative Parcel Map, and Planning Review with associated environmental documentation, proposing the development of a multi-tenant commercial retail center of 13,620 sf on 6.12 acres of vacant land located along Avenue 42 and Jackson Street (Assessor’s Parcel Numbers 692-670-001, 692-670-014, 692- 670-017, 692-040-020, and 692-040-007). The project will also include surface parking, landscaping, and off-site right-of-way improvements along Avenue 42 and Jackson Street (hereafter “Project Site”); and
WHEREAS, the proposed Tentative Parcel Map will create three (3) parcels; and WHEREAS, Tentative Parcel Map 38632, is being created for financial purposes; and
WHEREAS, approval of Tentative Parcel Map 38632 is considered a “project” as defined by the California Environmental Quality Act, Public Resources Code Section 21000 et seq. (“CEQA”); and
WHEREAS, approval of Tentative Parcel Map 38632 was reviewed under the Greens at Indio Initial Study with Mitigated Negative Declaration (IS/MND); and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., and CEQA Guidelines Section § 15070 (Decision to Prepare a Negative or Mitigated Negative Declaration), a public agency shall prepare or have prepared a proposed negative declaration or a mitigated negative declaration for a project subject to CEQA when the initial study identifies potentially significant impacts, but revisions in the project plan or proposals made by or agreed to be made by the applicant would avoid or mitigate the effects identified in the Initial Study to a point where clearly no significant effects would result from the project; and WHEREAS, pursuant to CEQA Guidelines Section § 15070, an initial study with mitigated negative declaration was prepared for the Proposed Project (“Initial Study/Mitigated Negative Declaration”), and mitigation measures have been incorporated into the Mitigated Negative Declaration. The mitigations will be imposed on the Proposed Project through the City’s adoption of a Mitigation Monitoring and Reporting Program (“MMRP”) in compliance with CEQA Guidelines Section 1507(d); and,

Page 27 of 2023 ends

Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 565 of 3061 2 WHEREAS, pursuant to CEQA Guidelines Section § 15073 (Public Review of a Proposed Negative Declaration or Mitigated Negative Declaration), the Initial Study/Mitigated Negative Declaration was circulated for public review from October 6, 2023, to October 26, 2023; and,
WHEREAS, pursuant to CEQA Guidelines Section § 15073, comments were received during the circulation period pertaining to the Initial Study/Mitigated Negative Declaration and added to the administrative record; and, WHEREAS, the Project is consistent with and intended to implement the vision of the Unified Development Code and the General Plan 2040 pertaining to land use patterns, intensities, densities, building and site design and public right-of-way improvements; and
WHEREAS, the Subdivision Map Act also requires that, prior to any map approval, the City must find that the proposed subdivision, together with the provisions for its design and improvement of any tentative map or a parcel map, is consistent with the general plan and any applicable specific plan, and that the site is physically suitable for that type of development and the proposed density, and that the design of the subdivision is not likely to cause serious public health problems, conflict with easements, or cause substantial environmental damage or substantially and avoidably injure fish, wildlife, or their habitat (Government Code Section 66473.5); and WHEREAS, the Tentative Parcel Map is consistent with the General Plan 2040 and meets the Regional Commercial land use designation requirements, and is consistent with the requirements outlined in the Unified Development Code; and WHEREAS, at the November 8, 2023, Planning Commission meeting, the City of Indio Planning Commission reviewed the proposed General Plan Amendment, Zoning Text Amendment, Tentative Parcel Map, Planning Review, and associated environmental documentation for the project; and
WHEREAS, the Planning Commission did not make a motion and did not vote to recommend the General Plan Amendment, Zoning Text Amendment, and Tentative Parcel Map for the project; and
WHEREAS, a notice of a public hearing to consider the General Plan Amendment, Zoning Text Amendment, Tentative Parcel Map, and Environmental Assessment (Case File No. 23-02-14) was issued in accordance with Section 6.03.08 of the Indio Municipal Code and Public Resources Code Section 21092, inclusive of the publication on November 21, 2023, of a legal public hearing notice which was published in the Desert Sun, the City’s newspaper of record and mailing of a public hearing notice to a certified list of property owners within 500 feet of the subject properties on November 20, 2023; and
WHEREAS, following the conclusion of the public hearing and discussion, the City Council conditionally approved this Resolution for the Tentative Parcel Map (Case

Page 28 of 2023 ends

Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 566 of 3061 3 File No. 23-02-14) for the Greens at Indio Project with the motion vote outcome specified in the meeting minutes for the December 6, 2023, City Council meeting.

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

SECTION 2. Map Findings. Based upon the evidence presented at the hearing, including the staff report and written and verbal testimony, the City Council hereby finds:
a. Tentative Parcel Map 38632 (Case File No. 23-02-14) complies with the Subdivision Map Act.
b. The proposed map is consistent with applicable general and specific plans in that the Project is proposing to develop a multi-tenant commercial retail center, landscape plan, and associated amenities on 6.12 acres of vacant and is consistent with the General Plan 2040 and the Unified Development Code.
c. The design or improvement of the proposed project is consistent with the applicable general plan and zoning plan in that the proposed project will be in conformance with the General Plan land use designation of the RC land use designation and the RC Unified Development Code zoning designation.
d. The site is physically suitable for the type of development in that adequate access and infrastructure exist or will be provided. Furthermore, the site has no topographical constraints.
e. The site is physically suitable for the proposed density of the project, a multi-tenant commercial retail center with four (4) separate sites and is consistent with the General Plan 2040 and the Unified Development Code. f. The design of the multi-tenant commercial buildings and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because the Project Site is surrounded by heavily disturbed lands and there is no presence of fish or wildlife or their habitat on this property. There are no watercourses, streams, or wetlands present on the property. The Project is therefore not likely to cause substantial environmental damage within the City and the proposed location provides no fish or significant wildlife habitat.

Page 29 of 2023 ends

Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 567 of 3061 4 g. The design of the project or type of improvements are not likely to cause serious public health problems in that adequate sewer and water systems will be available to the three resultant parcels. The parcels have the necessary infrastructure to adequately serve the proposed multi-tenant commercial buildings, landscape plan, and associated amenities and all proposed uses as allowed by the UDC that regulates the Project Site. h. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed project area in that public utilities for electricity, water, sewer, telecommunications, and gas service have all been assessed for availability. There are no known public easements traversing the subject site that would be adversely affected by the Project.

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

SECTION 3. Recommendation. Based on the foregoing, the City Council hereby CONDITIONALLY APPROVES Tentative Parcel Map 38632 (Case File No. 23- 02-14). The Applicant shall demonstrate compliance to ALL conditions of approval, listed in the Resolution. Failure to demonstrate compliance with these conditions of approval may result in the delay of the proposed use or the rescinding of the City of Indio’s project approval. Where the term “Applicant” is used in any condition of approval, this term shall apply also to the Property owner, any developer, or any success in the interest of the Applicant. It is the Applicant's or Applicant’s successor in interest responsibility to fully comply with the conditions of approval unless subsequently modified in accordance with the City’s required processes and procedures:

Prior to Final Map Approval:

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

2. Tentative parcel map shall be submitted along with the following items:
a. Soils report
b. Title Report
c. Preliminary grading plan (Topo/contour on map)
d. Hydrology report

3. Applicant shall submit for City approval the following items:
a. Final parcel map
b. Title report (updated within at least 60 days)
c. Final map closure calculations
d. AutoCAD & GIS Shapefile for Final Tract Map
e. All back-up information for map references (easement documents, maps, etc.)

Page 30 of 2023 ends

Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 568 of 3061 5 f. Street Name Plan

4. Final parcel map shall include:
a. Street names
b. Subdivision Improvement Agreement
c. Improvement bonds

5. Applicant shall provide the City with a copy of CC&R’s for the proposed project designating the Declarant or Manager under the CC&R’s responsible for the maintenance of:
a. All interior and exterior common areas including landscaping. b. Graffiti abatement for the interior and exterior or the preceding areas. c. Maintenance of all frontage landscaping along Avenue 42 and Jackson Street.

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

PASSED, APPROVED, and ADOPTED this 6
th day of December 2023, by the
following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

LUPE RAMOS-AMITH
MAYOR
ATTEST:

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

Page 31 of 2023 ends

Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 569 of 3061 RESOLUTION NO. 10409

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, CONDITIONALLY APPROVING THE PLANNING REVIEW (CASE FILE NO. 23-02- 14) FOR THE GREENS AT INDIO FOR THE DEVELOPMENT OF A MULTI-TENANT

COMMERCIAL RETAIL CENTER AND ASSOCIATED IMPROVEMENTS ON APPROXIMATELY 6.12 ACRES OF LAND LOCATED ALONG AVENUE 42 AND JACKSON STREET (ASSESSOR’S PARCEL NUMBER 692-670-001, 692-670-014, 692-670-017, 692-040-020, and 692-040-007)
WHEREAS, Can Do LLC, submitted an application for a General Plan Amendment, Zoning Text Amendment, Tentative Parcel Map, and Planning Review with associated environmental documentation on behalf of Can Do LLC, proposing the development of a multi-tenant commercial retail center of 13,620 sf on 6.12 acres of vacant land (hereafter “Project Site”); and
WHEREAS, the Greens at Indio project would be developed along Avenue 42 and Jackson Street (Assessor’s Parcel Numbers 692-670-001, 692-670-014, 692-670- 017, 692-040-020, and 692-040-007). The project will also include surface parking, landscaping, and off-site right-of-way improvements along Avenue 42 and Jackson Street; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., and CEQA Guidelines Section § 15070 (Decision to Prepare a Negative or Mitigated Negative Declaration), a public agency shall prepare or have prepared a proposed negative declaration or a mitigated negative declaration for a project subject to CEQA when the initial study identifies potentially significant impacts but revisions in the project plan or proposals made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and,
WHEREAS, pursuant to CEQA Guidelines Section § 15070, an initial study with mitigated negative declaration was prepared for the Proposed Project (“Initial Study/Mitigated Negative Declaration), and mitigation measures have been incorporated into the Mitigated Negative Declaration and will be imposed on the Proposed Project through the City’s adoption of a Mitigation Monitoring and Reporting Program (“MMRP”) in compliance with CEQA Guidelines Section 15070(d); and, WHEREAS, pursuant to CEQA Guidelines Section § 15073 (Public Review of a Proposed Negative Declaration or Mitigated Negative Declaration), the Initial Study/Mitigated Negative Declaration was circulated for public review from October 6, 2023, to October 26, 2023; and,
WHEREAS, pursuant to CEQA Guidelines Section § 15073 (Public Review of a Proposed Negative Declaration or Mitigated Negative Declaration), comments were

Page 32 of 2023 ends

Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 570 of 3061 received pertaining to the Initial Study/Mitigated Negative Declaration and added to the administrative record; and,
WHEREAS, a notice of a public hearing to consider the General Plan Amendment, Zoning Text Amendment, Tentative Parcel Map, Planning Review, and associated environmental documentation (Case File No. 23-02-14) was issued in accordance with Section 6.03.08 of the Indio Municipal Code and Public Resources Code Section 21092, inclusive of the publication on October 26, 2023, of a legal public hearing notice which was published in the Desert Sun, the City’s newspaper of record and mailing of a public hearing notice to a certified list of property owners within 500 feet of the subject properties on October 26, 2023; and, WHEREAS, at the November 8, 2023, Planning Commission meeting, the City of Indio Planning Commission reviewed the proposed General Plan Amendment, Zoning Text Amendment, Tentative Parcel Map, Planning Review, and associated environmental documentation for the project; and
WHEREAS, the Planning Commission did not make a motion to recommend either in favor or in opposition of the General Plan Amendment, Zoning Text Amendment, and Tentative Parcel Map for the project; and WHEREAS, a notice of a public hearing to consider the General Plan Amendment, Zoning Text Amendment, Tentative Parcel Map, and Environmental Assessment (Case File No. 23-02-14) was issued in accordance with Section 6.03.08 of the Indio Municipal Code and Public Resources Code Section 21092, inclusive of the publication on November 22, 2023, of a legal public hearing notice which was published in the Desert Sun, the City’s newspaper of record and mailing of a public hearing notice to a certified list of property owners within 500 feet of the subject properties on November 20, 2023; and
WHEREAS, following the conclusion of the public hearing and discussion, the City Council conditionally approved this Resolution for the Tentative Parcel Map (Case File No. 23-02-14) for the Greens at Indio Project with the motion vote outcome specified in the meeting minutes for the December 6, 2023, City Council meeting.

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

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

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 571 of 3061 a. The Proposed Project is consistent with General Plan policies and the Unified Development Code in that the Site is located within the Regional Commercial land use designation and zoning designation and commercial uses are permitted uses.
b. The Proposed Project is consistent with applicable objective development standards and design standards and/or design guidelines adopted by the City Council in that the proposed uses will comply with each of the applicable provisions within the Indio Unified Development Code and will not require variances or conditional use permits.
c. The Proposed Project design is appropriate to the function of the Proposed Project and will provide an attractive and comfortable environment for visitors and the general community in that the overall design of the Proposed Project complies with the Unified Development Code’s objective design criteria and will enhance the surrounding natural environment.
d. Structures within the development and between the structures and the Site relate to one another. The proposed structures and related site development improvements (e.g., access, parking, grading, etc.) comply with objective standards in the UDC, and thereby relate and connect to existing development in the vicinity, promote efficient circulation, encourage a range of transportation modes by providing safe and convenient routes for pedestrians and cyclists, and incorporate necessary utilities and service areas (e.g., refuse and recycling enclosures) such that they are compatible with the overall design of the project and minimize visual impacts. e. The Proposed Project complies with all of the UDC’s objective standards that ensure that buildings are designed to mediate scale, massing, and bulk, reflect a human scale design, and enhance the pedestrian experience through building modulation and facade articulation treatments. f. The Proposed Project complies with all of the UDC’s objective standards related to design of streetscapes, including street trees, lighting, and pedestrian furniture, thereby ensuring consistency with the intended character of the area.
g. Parking areas are designed and developed to provide adequate parking, buffer surrounding land uses, compliment pedestrian-oriented development, enhance the environmental quality of the site (e.g., by minimizing stormwater run-off and the heat-island effect), and achieve a safe, efficient, and harmonious development.
h. The Proposed Project complies with the UDC’s objective standards for fences, walls, and other visual screening elements so that community members can differentiate between public and private property.

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 572 of 3061 i. The Proposed Project complies with all of the UDC’s objective standards for lighting and lighting fixtures, providing adequate light over walkways and parking areas to create a sense of pedestrian safety and avoiding glare. j. The Proposed Project complies with all of the UDC’s objective standards for landscaping and is therefore designed to be compatible with and enhance the architectural character and features of the buildings on site, conserve water, provide buffers or screening, and help relate the building to the surrounding landscape.
k. The Proposed Project complies with all of the UDC’s objective standards and the project details, materials, signage, and landscaping, are internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the proposed architectural design. l. The Proposed Project will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety, or general welfare.

Section 3. Recommendation. Based on the foregoing, the City Council hereby CONDITIONALLY APPROVES the Planning Review for the Greens at Indio (Case File No. 23-02-14), subject to the conditions of approval contained herein. The Applicant shall demonstrate compliance to ALL conditions of approval, listed in the Resolution.

Failure to demonstrate compliance to these conditions of approval may result in the delay of the proposed use or the rescinding of the City of Indio’s project approval.

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

General Conditions of Approval:

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

1. In the event of any legal challenge, claim, administrative proceeding, or litigation arising from or related to the approval of the project, including but not limited to any concurrent legislative acts, approvals, agreements or environmental determinations, (“Project Approvals”) the Applicant shall, at its own expense, defend the City, its elected and appointed officials, officers, employees, agents, volunteers and attorneys (“Indemnified Parties”) against such legal challenge, claim, administrative proceeding, or litigation. In addition, the Applicant shall reimburse the City for the City’s cost of defending any such legal challenge, claim, administrative proceeding, or litigation, including, but not limited to, all attorney’s fees (including the City Attorney’s fees), legal costs, expert fees and costs, and all other expenses incurred by the City in connection with the legal

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 573 of 3061 challenge, claim, administrative proceeding, or litigation. The Applicant shall indemnify and hold harmless the Indemnified Parties from and against any and all liabilities, claims, damages, losses, judgments, fines, penalties, costs, and expenses (including reasonable attorney's fees and costs) arising from or in connection with the Project Approvals. This indemnification shall cover all claims, regardless of whether they arise from the negligence of the Indemnified Parties. The Applicant shall cooperate with the City in any such defense as the City may reasonably request and may not resolve such challenge without the agreement of the City. The Applicant agrees to hold harmless the Indemnified Parties from any and all claims, damages, losses, and expenses, including but not limited to attorney's fees, arising out of or resulting from the Project Approvals. This hold harmless obligation shall apply even if the claims, damages, losses, or expenses arise out of the negligence or fault of the Indemnified Parties. If Applicant fails to perform any of the obligations described in this paragraph, the City shall have the right, among other remedies, to revoke the Project Approvals without any liability to the Applicant. In order to ensure compliance with this condition, within twenty (20) days after notification by the City, the Applicant shall deposit with the City cash in the amount of ten thousand dollars ($10,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to the City of all costs related to any action triggering the obligations of this condition. If the City is required to draw on that cash or security to indemnify or reimburse itself for such costs, the Applicant shall restore the deposit to its original amount within thirty (30) calendar days after notice from the City. Additionally, if at any time the City Attorney determines that an additional deposit is necessary to secure the obligations of this section, the Applicant shall provide such additional security within thirty (30) calendar days of notice from the City Attorney. City shall promptly notify the Applicant of any legal challenge, claim, administrative proceeding or litigation to which the above obligations apply and the Applicant shall cooperate fully with the City in the defense.

2. Based on the preliminary information provided to IID, the district can accommodate the power requirements of the project by extending a new backbone circuit from the Shadow Hills substation to the project, and install a backbone across Jackson Street (conduit and cable) and at the frontage of the project site, in addition to the required loop-configured line extensions.

3. IID will not begin any studies, engineering or estimate costs to provide electrical service to the development project until the applicant submits a customer project application (available at
http://www.iid.com/home/showdocument?id=12923 and detailed loading information, panel sizes, project schedule and estimated in- service date.

Applicant shall bear all costs associated with providing electrical service to the development project, including but not limited to the construction of any additional distribution overhead and/or underground backbones, line extensions and the re-configuration of distribution lines and related upgrades as well as

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 574 of 3061 applicable permits, zoning changes, landscaping (if required by the City) and rights-of-way and easements.

4. The district's ability to provide service from existing infrastructure is based on current available capacity, which may be impacted by future development in the area. The project must progress toward completion or IID is unable to hold system capacity to the detriment of other customers.

5. It is important to note that a detailed and final study will be developed once a customer project application and loading calculations are received. This detailed information will allow IID to perform an accurate assessment and provide a full report of any potential impacts and mitigation measures. The conditions of service could change as a result of the additional studies.

6. Underground infrastructure that includes trenching, conduits, pull boxes, switch boxes and pads should be installed following IID approved plans. Physical field installation of underground infrastructures should be verified and approved by an IID inspector prior to cable installation as per IID Developer's Guide (available at the district website
https://www.iid.com/home/showdocument?id=14229).

7. IID Regulations governing line extensions can be found at:
• No. 2 (http://www.iid.com/home/showdocument?id=2540), • No. 13 (http://www.iid.com/home/showdocument?id=2553), • No. 15 (http://www.iid.com/home/showdocument?id=2555), • No. 20 (http://www.iid.com/home/showdocument?id=2560), • No. 23 (https://www.iid.com/home/showdocument?id=17897).

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

9. It is important to note that IID's policy is to extend its electrical facilities only to those projects that have obtained the approval of a city or county planning commission and such other governmental authority or decision-making body having jurisdiction over said projects.

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

11.The applicant will be required to provide and bear all costs associated with acquisition of rights of way, easements, and infrastructure relocations deemed necessary to accommodate street or road improvements imposed by the municipality.

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 575 of 3061

12.Any construction or operation on IID property or within its existing and proposed right of way or easements including but not limited to: surface improvements such as proposed new streets, driveways, parking lots, landscape; and all water, sewer, storm water, or any other above ground or underground utilities; will require an encroachment permit, or encroachment agreement (depending on the circumstances). A copy of the IID encroachment permit application and instructions for its completion are available at https://www.iid.com/aboutiid/department- directory/real-estate. The IID Real Estate Section should be contacted at (760) 339-9239 for additional information regarding encroachment permits or agreements.

13.Any new, relocated, modified or reconstructed IID facilities required for and by the project (which can include but is not limited to electrical utility substations, electrical transmission and/or distribution lines, ancillary facilities associated with the conveyance of energy service; the acquisition and dedication of real property, rights of way and/or easements for the siting and construction of electrical utility substations, electrical transmission and/or distribution lines and ancillary facilities associated with the conveyance of energy service, etc.) need to be included as part of the project's California Environmental Quality Act (CEQA) and/or National Environmental Policy Act (NEPA documentation, environmental impact analysis and mitigation. Failure to do so will result in postponement of any construction and/or modification of IID facilities until such time as the environmental documentation is amended and environmental impacts are fully mitigated. Any mitigation necessary as a result of the construction, relocation and/or upgrade of IID facilities is the responsibility of the project proponent.

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

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

16.Provide a copy of a fire flow verification from the local water purveyor, Indio Water Authority, in the form of a letter, and graph depiction specifying the fire flow. Verification shall be prior to building permit issuance. (CFC) 507.3

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 576 of 3061

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

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

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

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

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

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

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

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

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

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 577 of 3061

26.A preliminary review of the conceptual architectural plans was reviewed. A formal Plan Review will be conducted when the full set of architectural plans are submitted.

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

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

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

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

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

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

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

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

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

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

36.If the site, or a portion of the site, is located in a flood hazard area. Justification that the proposed development does not adversely affect the location or carrying capacity of the floodway, nor does it adversely affect upstream or

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 578 of 3061 downstream sites shall be provided to Building & Safety. Additionally, all development shall comply with Chapter 153: FLOODPLAIN MANAGEMENT of the Code of the City of Indio and all requisite provisions must be taken to protect the site from flood damage.

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

38.On-site and Off-site water improvement plans as applicable are required.

39.Each building unit will require its own domestic water meter with back flow assembly.

40.IWA requires a separate water meter with back flow assembly for landscape irrigation.

41.All new meter boxes shall be polymer with a 2” radio read port per IWA standards.

42.The applicant shall coordinate fire service with Indio Fire Department.

43.Provide hydraulic calculation to meet domestic demands and Fire Department fire flow requirements for Indio Water Authority.

44.IWA requires an Advanced Meter Infrastructure (AMI) pole for this development.

45.The applicant shall complete the Landscape Documentation Package in accordance with Ordinance No. 1684.

46.Developer shall pay all applicable fees; submit forms and agreements per IWA development procedural guidelines for final plan approval.

47.The Owner/Developer's engineer should meet with VSD staff and discuss proposed sewer main connections and requirements prior to design.

48.Generally, the sewer main lateral and connection to the District's sewer main are normally considered private and owned by the Owner(s) of the property.

The Owner(s) are responsible for the maintenance and repair of this sewer main lateral.

49.The proposed project will comply with all VSD and other agency standards and requirements.

50.Improvements in the public right of way will require bonding by the Owner/Developer and installation by a licensed underground contractor.

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 579 of 3061

51.The proposed project will be subject to all terms and conditions of the State of California mandated pre-treatment regulations.

52.The proposed project is subject to the local effluent requirements of Valley Sanitary District's (VSD) Resolution 2008-998; local discharge limits, and conformance with the Valley Sanitary District Sewer Use and Construction Ordinance 2010-118.

Prior to Issuance of a Building Permit:

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

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

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

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

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

4. Prior to the issuance of a Building Permit the applicant shall provide VSD with both civil and architectural drawings of the building and site improvements for review and approval.

5. VSD will only issue sewer construction and connection permits after plan approval, the payment of all sewer related fees and the submittal of required documents that will be provided to the Owner/Developer at the time of plan approval.

Prior to Issuance of a Grading Permit:

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 580 of 3061 Prior to issuance of a grading permit, the Applicant shall demonstrate full compliance with the following conditions of approval:

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

California Regional Water Quality Control Board (RWQCB), Colorado River Basin Region,
73-720 Fred Waring Drive #100
Palm Desert, CA 92260
(760) 346-7491
www.waterboards.ca.gov/coloradoriver
*Please note: Prior to the issuance of any grading permit, a copy of the NOI (Notice of Intent) and the WDID# (Waste Discharge Identification No.), shall be filed with the City of Indio’s Engineering Division.

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

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

4. Applicant shall submit for City approval the following items:
a. Precise grading plans – shall include the street address for each lot and building footprint
b. Rough grading plans
c. Soils report
d. Hydrology Report
e. Street Improvement Plans
f. Street Light Plans

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

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

7. Applicant shall provide on-site storm water retention basin(s) or system(s) designed to the satisfaction of the City Engineer. Each retention basin shall include a sufficient number of underground vertical drywells, Maxwell Plus or equivalent, designed to eliminate standing water in the basin. The retention basin(s) or system(s) shall be sized to retain all post-development storm water runoff within the limits of the project based on

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 581 of 3061 a 100-year storm event of 24-hour duration and shall completely drain/percolate any storm event within 72 hours. All upstream runoff from adjacent properties that has historically been directed onto the proposed project may be considered to pass through the project with the exception of historical retention that occurred on-site. The retention basins shall be designed per Standard Plan No. 130, with a maximum depth of 5 feet (with a one-foot minimum freeboard) and maximum side slopes of 3:1 and shall not be used for purposes other than for the collection of storm water, nuisance water and well blow-off water.

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

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

Prior to Issuance of a Certificate of Occupancy:

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

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

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

12. Applicant shall submit for City approval the following items:
a. Street improvement plans
b. Strom Drain Improvement Plans
c. Streetlight plans
d. Signage and Striping plans

13. Applicant shall construct full off-site street improvements on the following streets:
a. Jackson Street, East half street improvement along the property frontage.

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 582 of 3061 b. Avenue 42, North half street improvements along the property frontage.

14.The improvements for Jackson Street shall be constructed and accepted by the city prior to the issuance of a temporary or permanent certificate of occupancy for Lot A of Lot Line Adjustment No. 2022-09, Instrument No. 2023-0301220 and shall include construction of asphalt concrete pavement, curb/gutter, sidewalk, streetlights, storm drain system (catch basins, storm drainpipe, etc.), and fully landscaped and irrigated parkways along the property frontage.

15.The improvement for Avenue 42 shall be constructed and accepted by the city prior to the issuance of a temporary or permanent certificate of occupancy for Lot A of Lot Line Adjustment No.2022-09, Instrument No.2023-0301220 shall include fully landscaped and irrigated raised median and parkway along the property frontage.

16.All off-site street improvements including energizing of streetlights and installation of irrigation and landscaping along:
a. Avenue 42 and Jackson Street, shall be constructed and accepted by the city prior to issuance of a temporary or permanent certificate of occupancy, for Lot A of Lot Line Adjustment No. 2022-09, Instrument No. 2023-0301220.

17.Applicant shall construct Jackson Street as a Boulevard, 43 feet from centerline to curb face and 55 feet from centerline to right-of-way.

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

19.The minimum curb return radius for public streets shall be:
a. R = 35 feet and for
b. Private streets R=20 feet

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

21. All improvements shall comply with City standards, requirements, and policies.

Applicant is required to construct all transitions and missing links between existing and proposed improvements.

22. Applicant shall construct a parking lot with parking stalls and make modifications to entrance from Avenue 42 to accommodate proposed parking lot and commercial site prior to the issuance of a temporary or permanent Certificate of Occupancy for Lot 3 of Parcel Map No. 38632.

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 583 of 3061

23.All overhead utilities less than 92kv, located on Jackson Street, fronting the project shall be undergrounded prior to the issuance of a temporary or permanent Certificate of Occupancy for Lot A of Lot Line Adjustment No.2022-09, Instrument No.2023-0301220.

24.Manholes and cleanouts located in paved areas shall be raised to grade and collars and/or traffic rated boxes provided per Valley Sanitary District standards.

25.The applicant shall install a grease interceptor approved by the Valley Sanitary District for any and all proposed cooking facilities and maintain the interceptor as mandated in the District's sewer use ordinance.

26.The applicant will be required to complete and submit a "Wastewater Survey for NonResidential Establishment Application for Wastewater Discharge Permit".

27.Prior to water service activation, all water infrastructure in the final approved plans must be constructed and must have a Council approved Water Agreement and Easement if applicable.

28.Prior to the issuance of a landscape water meter, the applicant must have a complete set of landscape plans signed and approved by the IWA.

29.Prior to the Certificate of Occupancy for the second quick serve restaurant the applicant shall design, have approved, construct, and have inspected a new parking lot facility for the City of Indio Municipal Golf Course operations provided that the applicant may submit for City consideration an alternate means of delivery of the parking facility.

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

PASSED, APPROVED, and ADOPTED this 6
th day of December 2023, by the
following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

LUPE RAMOS-AMITH
MAYOR
ATTEST:

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 584 of 3061

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 585 of 3061 October 2023 1
City of Indio
Community Development Department
100 Civic Center Mall
Indio, CA 92202
(760) 391‐4120
(760) 391‐4027
Environmental Initial Study
Project Title: The Greens  Indio
Case No: Environmental Assessment General Plan Amendment Specific Plan Tentative Tract Map
Lead Agency City of Indio
Name and Address: Community Development Department
100 Civic Center Mall
P.O. Drawer 1788
Indio, CA 92202
Property Owner/ Can Do LLC
Developer:

Applicant: Can Do LLC
Consultant: Kimley‐Horn and Associates, Inc.
1100 West Town and Country Road, Suite 700
Orange, California 92805
Contact Person Tom Carpenter; (949) 303‐0853
and Phone Number:

Project Location: Jackson Street and Avenue 42, Indio
APNs: 692‐670‐001, 692‐670‐014, and 692‐670‐017
Zoning: Existing – Regional Commercial (RC) and Parks and Open Space (OS) Proposed – Regional Commercial (RC)
General Plan Existing – Regional Commercial and Parks and Open Space Designations: Proposed – Regional Commercial (RC)

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 586 of 3061 The Greens – Indio
Initial Study and Mitigated Negative Declaration
October 2023 2
PROJECT DESCRIPTION
Project Location and Existing Setting
The project site is located at the northeast corner of the Jackson Street at Avenue 42 intersection in the City of Indio, Riverside County, California. The project site is shown in a regional and local context in Exhibit 1, Regional Vicinity Map and Exhibit 2, Local Vicinity Map. The approximately 6.12‐acre project site includes three parcels described as Assessor Parcel Numbers (APNs) 692‐670‐001, ‐014, and ‐017 and 692‐040‐020 and ‐007. The property is generally bordered by urban development, with a RV storage facility to the north, the Indio Municipal Golf Course to the east, Indio Town Center to the south, and an existing AutoZone, Arco Gas station and convenience store to the west. Regional access is provided by Interstate 10 (I‐10), located approximately 0.4 mile south of the project site. Local access to the project site is provided from Avenue 42 and Jackson Street.

The project site is undeveloped with the exception of an existing surface parking lot associated with the Indio Municipal Golf Course. The site is generally flat with on‐site elevations ranging from approximately 13 to 18 feet below sea level1
. The site contains minimal, sparse shrubs and date palm trees within the golf course parking lot. Sidewalks are located along the project site frontage of Avenue 42 and Jackson Street. Aboveground utility poles are located along the project site frontage of Jackson Street north of the AutoZone.

Land uses near the project site are summarized in Table 1: Surrounding Land Uses.

Table 1: Surrounding Land Uses
Direction On‐Site Land Uses
General Plan
Land Use Zone
Northeast Asphalt repair company and RV storage facility Suburban
Neighborhood
High
Suburban
Neighborhood
High
Northwest
Indio Municipal Golf Course Suburban
Neighborhood
High
Suburban
Neighborhood
High
East Indio Municipal Golf Course Parks and Open
Space
Parks and Open
Space
South
Avenue 42; beyond Avenue 42: commercial center and
related surface parking. CVS Pharmacy, insurance
agency, and veterinarian office
Regional
Commercial
Regional
Commercial
Southwest
Commercial uses including an AutoZone Auto Parts
store, ARCO Gas Station, and convenience store and car
wash
Regional
Commercial
Regional
Commercial
West
Jackson Street; beyond of Jackson Street: commercial
and retail stores and related surface parking.

Commercial and retail uses include a Walgreens, bank,
restaurants, hair and nail salons, fitness center,
insurance agency and dialysis clinic
Regional
Commercial
Regional
Commercial

1 Google Earth Pro, 2023.

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 587 of 3061 Not to scale
Source: USGS, 2023
Exhibit 1: Regional Vicinity Map
The Greens Indio Project
Monroe St
N Sun City
Blvd
Madison St
L
indy Ln
Biskra Palms
Whi tew ater Ri ver
10 Sirocco Ave
n
ta
Elise
Ca
m
i
no los
Milagros
Alberta Ave
Madison St Madison St
40th Ave
ed War
ing D
r Fred
W
a
r
ing Dr
Avenue 42 Indio Blvd
Shadow Hills
Golf Club
M
iles Av
e
Francis Ave C o a c h e l l a V a l l e y
145 ft
Vista del Oro
Hopi Ave
Jackson St
Kenne
r
Ave
Stra
d
i
va
r
i Rd
Ocot
i
l
lo Ave
Avenue 43
Broadmoor Dr
aL go Vista Blvd
Crest
Ave
Avenue
4 4
Monroe St
Adobe Rd
Va
lenc
ia Av
e
Ruby Ave
Calhoun St
S
Bay Dr
Marke
t
S
t
Sh
owcase Pkwy
G
reenbriar Dr
Gore St
North Shore Dr
Jackson St
Monroe St
Avenue 42
Indio Blvd
Indio Municipal
Golf Course
111 10
King St
Miles Ave
Sie
rra Ave
Bliss Ave
Avenue 45
Comme rce St
Smurr St
Indio Blvd
Indio
206 ft
429 ft
Avenue 44
Brac
k
R
d
Terra
Lago
Land Fi
l
l
Terra Lago
Pkwy
Dillon Rd
The Golf Club
at Terra Lago
16 ft
Tyler St
Dillon Rd
Eagle Falls Golf
Course
0 0.38
0 0.5
Project Site
Stockton
Fremont
Salinas Fresno
San Jose
d a Mou nt a i n s
San J o a q u i n Va l l e y
Ra n g e
Sequoia
National Forest
Santa Maria
Lompoc
Santa Barbara
San Luis Obispo
Oxnard
Santa Clarita
Visalia
Lancaster
Bakersfield
Long Beach
Los Angeles
S a n Joa qu i n V a l l e y
C o a s ta l Ra n g e
Nellis Air Force
Range
Nevada
National
Security Site
p
Mesquite
St George Gila
Yuma Proving
Ground
Marine Corps
Agcc
Twentynine
Palms
Chocolate Mtn
Aerial Gunnery
Range
Grand
Canyon-Parashant
NM
Mojave
National
Preserve
Death Valley
National Park
Cabeza Prieta
Nat'l Wildlife
Refuge
Lake Havasu City
Murrieta
Indio
Riverside
Oceanside
Henderson
Victorville Palmdale
Mexicali
Las Vegas
San Diego
Tijuana
S on or a n
D es ert
Mo j a v e
D es ert
Ensenada
Dix
Sonoran Desert
NM
Grand Canyon
National Park
Kaibab National
Forest
A
Prescott
Pho
S
Califo
USGS
USGS
2/3/2023, 10:05:13 AM
0 45
0 75
City of San Jose | Esri, USGS | California State Parks, Esri, HERE, Garmin, FAO, NOAA

Page 50 of 2023 ends

The Greens Indio Project Not to scale
Source: NearMaps, 2023.

Exhibit 2: Local Vicinity Map
Jackson Street
Avenue 42
Project Site
Project Site
Offsite Improvements
and Entitlements
LEGEND

Page 51 of 2023 ends

The Greens – Indio
Initial Study and Mitigated Negative Declaration
October 2023 5
Land Use Designations
General Plan
The City of Indio General Plan (General Plan) sets forth land use designations that indicate the purpose and intended use for land within the City. The General Plan further organizes these land uses into broad categories or “major classes” to further meet the place‐making goals and intent of the City. These major classes include Neighborhoods, Centers, Districts, and Public and Institutional. The project site has two General Plan designations: Regional Commercial (RC) and Parks and Open Space (OS), asshown on Exhibit 3: General Plan Land Use Designation.

Approximately 2.82 acres of the 6.12‐acre project site is designated as Regional Commercial (RC). The General Plan defines the RC land use as a District. Per the General Plan, Districts are areas with larger concentrations of non‐residential uses which are typically dominated by a single activity (e.g., regional shopping centers, auto dealership centers, and larger manufacturing uses). The RC designation promotes large retail development with associated restaurant and commercial service activity. Specifically, large‐ format retail (e.g., supermarkets, home improvement stores, and department stores), commercial services, lodging, entertainment, restaurants, and parks and recreation land uses are allowed under the RC designation.

The eastern portion (approximately 3.3 acres) of the project site is designated as Parks and Open Space (OS) which is within the Public and Institutional major class. This designation provides public and private space for recreational uses such as open space and golf course greens.

The Project proposes commercial retail development uses, which are not consistent with the Parks and Open Space designation. Therefore, an amendment to the General Plan land use designation would be required to change that portion of the site designated Parks and Open Space to Regional Commercial.

Zoning
According to the City of Indio Municipal Code (Municipal Code) Zoning Map, the project site is within two zones: Regional Commercial (RC) and Parks and Open Space (OS) as depicted on Exhibit 4: Zoning Designations. The western portion of the project site is zoned RC and the eastern portion is zoned OS.

The RC zoning allows for large‐format retail with associated restaurant and commercial service development. This zone implements the Regional Commercial land use and provides regional and visitor serving amenities near major freeway connections and around major intersections.

The OS zoning isintended for public and private land used forrecreational purposes. Thiszone implements the Parks and Open Space land use designation and provides areasfor parks and open space, golf courses, trails, habitat management, passive recreation, amphitheaters, community centers, environmental education, and similar uses. The Project proposes commercial and retail uses, which are not permitted under the OS zoning. Therefore, a change of zone from OS to RC would be required to implement the Project.

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Resolution Nos. 10405, No. 10406, No. 10407, and No. 10409 and Ordinance... Page 590 of 3061 The Greens Indio Project Not to scale
Source: City of Indio, General Plan Map, 2022.

Exhibit 3: General Plan Land Use Designation Jackson Street Avenue 42
Project Site
Project Site
Offsite Improvements
and Entitlements
LEGEND
General Plan Land Use Designations
Suburban Neighborhood
Parks and Open Space
Regional Commercial
Workplace Employment District
Project Site
Offsite Improvements
and Entitlements
LEGEND
General Plan Land Use Designations
Suburban Neighborhood
Parks and Open Space
Regional Commercial
Workplace Employment District

Page 53 of 2023 ends

The Greens Indio Project Not to scale
Source: City of Indio, Zoning Map, 2022.

Exhibit 4: Zoning Designations
Jackson Street
Avenue 42
Project Site
Project Site
Offsite Improvements
and Entitlements
LEGEND
Zoning Designations
Regional Commercial
Parks and Open Space
Suburban Neighborhood High
Light Industrial
Specific Plan/Master Plan

Page 54 of 2023 ends

The Greens – Indio
Initial Study and Mitigated Negative Declaration
October 2023 8
A summary of the land use designations and zoning for each parcel is identified in Table 2: Land Use and Zoning per Parcel.

Table 2: Land Use and Zoning per Parcel
APN General Plan Land Use Zoning
692‐670‐001 Regional Commercial Regional Commercial
692‐670‐014 Regional Commercial Regional Commercial
692‐670‐017 East: Parks and Open Space
West: Regional Commercial
East: Parks and Open Space
West: Regional Commercial
692‐040‐020 Parks and Open Space Parks and Open Space
692‐040‐007 Parks and Open Space Parks and Open Space
Project Characteristics
Site Development
The conceptual site plan is provided in Exhibit 5, Proposed Site Plan. As proposed, the Project would construct a multi‐tenant commercial retail center totaling 13,620 square feet (sf) on 6.12 acres, see Table 3: Proposed Project Building Summary. Specifically, the Project would include three drive‐thru fast‐food restaurants including a Chick‐Fil‐A and Dutch Bros Coffee, which total approximately 9,870 sf and one 3,996 sf sit‐down restaurant. The sit‐down restaurant would have an outdoor patio which opens to the adjacent Indio Municipal Golf Course. Additionally, the Project would include surface parking, landscaping, and off‐site infrastructure improvements. In addition to the commercial retail development, the proposed Project would reconstruct the existing Indio Municipal Golf Courses parking lot east of the driveway along the project site frontage on Avenue 42.

Table 3: Proposed Project Building Summary
Building Building Size (sf) Land Use
Building 1 3,750 Fast‐food restaurant with single‐lane drive‐thru, vehicle surface parking, and landscaping.

Building 2 3,996
Sit‐down restaurant with vehicle surface parking,
landscaping, trash enclosure, and an outdoor patio
which opens to the Indio Municipal Golf Course.

Building 3 4,894
Fast food restaurant (Chick‐Fil‐A) with double‐lane
drive‐thru, shade structure, surface vehicle parking,
and landscaping.

Building 4 980
Fast food restaurant (Dutch Bros Coffee) with single‐
lane drive‐thru, surface vehicle parking, and
landscaping.

Source: Site Plan, Bickel Group Architecture, August 2023.

Page 55 of 2023 ends

Indio City CouncilDecember 6, 2023

Indio City Council
December 6, 2023